§ 97-61.5. Hearing after first examination and report; removal of employee from hazardous occupation; compensation upon removal from hazardous occupation. - North Carolina Statutes

§97‑61.5.  Hearing after first examination and report; removal of employeefrom hazardous occupation; compensation upon removal from hazardous occupation.

(a)        After the employerand employee have received notice of the first committee report, the IndustrialCommission, unless it has already approved an agreement between the employerand employee, shall set the matter for hearing at a time and place to bedecided by it, to hear any controverted questions, determine if and to whomliability attaches, and where appropriate, file a written opinion with itsfindings of fact and conclusions of law and cause its award to be issuedthereon, all of which shall be subject to modification as provided in G.S. 97‑61.6.

(b)        If the IndustrialCommission finds at the first hearing that the employee has either asbestosisor silicosis or if the parties enter into an agreement to the effect that theemployee has silicosis or asbestosis, it shall by order remove the employeefrom any occupation which exposes him to the hazards of asbestosis orsilicosis, and if the employee thereafter engages in any occupation whichexposes him to the hazards of asbestosis or silicosis without having obtainedthe written approval of the Industrial Commission as provided in G.S. 97‑61.7,neither he, his dependents, personal representative nor any other person shallbe entitled to any compensation for disablement or death resulting fromasbestosis or silicosis; provided, that if the employee is removed from theindustry the employer shall pay or cause to be paid as in this subsectionprovided to the employee affected by such asbestosis or silicosis a weeklycompensation equal to sixty‑six and two‑thirds percent (66 2/3%) ofhis average weekly wages before removal from the industry, but not more thanthe amount established annually to be effective October 1 as provided in G.S.97‑29 or less than thirty dollars ($30.00) a week, which compensationshall continue for a period of 104 weeks. Payments made under this subsectionshall be credited on the amounts payable under any final award in the causeentered under G.S. 97‑61.6. (1935, c. 123; 1945, c. 762;1955, c. 525, s. 2; c. 1354; 1957, c. 1217; c. 1396, s. 8; 1963, c. 604, s. 6;1967, c. 84, s. 7; 1969, c. 143, s. 6; 1971, c. 281, s. 5; 1973, c. 515, s. 6;c. 759, s. 5; 1981, c. 276, s. 1; c. 378, s. 1.)