§ 143-291. Industrial Commission constituted a court to hear and determine claims; damages; liability insurance in lieu of obligation under Article. - North Carolina Statutes

Article 31.

Tort Claims against StateDepartments and Agencies.

§ 143‑291.  IndustrialCommission constituted a court to hear and determine claims; damages; liabilityinsurance in lieu of obligation under Article.

(a)        The North CarolinaIndustrial Commission is hereby constituted a court for the purpose of hearingand passing upon tort claims against the State Board of Education, the Board ofTransportation, and all other departments, institutions and agencies of theState. The Industrial Commission shall determine whether or not each individualclaim arose as a result of the negligence of any officer, employee, involuntaryservant or agent of the State while acting within the scope of his office,employment, service, agency or authority, under circumstances where the Stateof North Carolina, if a private person, would be liable to the claimant inaccordance with the laws of North Carolina. If the Commission finds that therewas negligence on the part of an officer, employee, involuntary servant oragent of the State while acting within the scope of his office, employment,service, agency or authority that was the proximate cause of the injury andthat there was no contributory negligence on the part of the claimant or theperson in whose behalf the claim is asserted, the Commission shall determinethe amount of damages that the claimant is entitled to be paid, includingmedical and other expenses, and by appropriate order direct the payment ofdamages as provided in subsection (a1) of this section, but in no event shallthe amount of damages awarded exceed the amounts authorized in G.S. 143‑299.2cumulatively to all claimants on account of injury and damage to any one personarising out of a single occurrence. Community colleges and technical collegesshall be deemed State agencies for purposes of this Article. The fact that aclaim may be brought under more than one Article under this Chapter shall notincrease the foregoing maximum liability of the State.

(a1)      The unit of Stategovernment that employed the employee at the time the cause of action aroseshall pay the first one hundred fifty thousand dollars ($150,000) of liability,and the balance of any payment owed shall be paid in accordance with G.S. 143‑299.4.

(b)        If a State agency,otherwise authorized to purchase insurance, purchases a policy of commercialliability insurance providing coverage in an amount at least equal to thelimits of the State Tort Claims Act, such insurance coverage shall be in lieuof the State's obligation for payment under this Article.

(c)        The North CarolinaHigh School Athletic Association, Inc., is a State agency for purposes of thisArticle, and its liability in tort shall be only under this Article. Thissubsection does not extend to any independent contractor of the Association.The Association shall be obligated for payments under this Article, through thepurchase of commercial insurance or otherwise, in lieu of any responsibility ofthe State or The University of North Carolina for this payment. The Associationshall be similarly obligated to reimburse or have reimbursed the Department ofJustice for any expenses in defending any claim against the Association underthis Article.

(d)        Liability in tortof the State Health Plan for Teachers and State Employees for noncertificationsas defined under G.S. 58‑50‑61 shall be only under this Article. (1951, c. 1059, s. 1; 1953,c. 1314; 1955, c. 400, s. 1; c. 1102, s. 1; c. 1361; 1957, c. 65, s. 11; 1965,c. 256, s. 1; 1967, c. 1206, s. 1; 1971, c. 893, s. 1; 1973, c. 507, s. 5; c. 1225,s. 1; 1977, c. 464, s. 34; c. 529, ss. 1, 2; 1979, c. 1053, s. 1; 1987, c. 684,s. 1; 1987 (Reg. Sess., 1988), c. 1087, s. 1; 1993 (Reg. Sess., 1994), c. 769,s. 19.33(a); c. 777, s. 5(a); 2000‑67, ss. 7A(a), 7A(b); 2001‑446,s. 5(f); 2007‑323, s. 28.22A(o); 2007‑345, s. 12.)