§ 97-82. Memorandum of agreement between employer and employee to be submitted to Commission on prescribed forms for approval; direct payment as award. - North Carolina Statutes

§ 97‑82.  Memorandum ofagreement between employer and employee to be submitted to Commission onprescribed forms for approval; direct payment as award.

(a)        If the employer andthe injured employee or his dependents reach an agreement in regard to compensationunder this Article, they may enter into a memorandum of the agreement in theform prescribed by the Commission.

An agreement, however, shallbe incorporated into a memorandum of agreement in regard to compensation: (i)for loss or permanent injury, disfigurement, or permanent and total disabilityunder G.S. 97‑31, (ii) for death from a compensable injury oroccupational disease under G.S. 97‑38, or (iii) when compensation underthis Article is paid or payable to an employee who is incompetent or under 18years of age.

The memorandum of agreement,accompanied by the material medical and vocational records, shall be filed withand approved by the Commission; otherwise such agreement shall be voidable bythe employee or his dependents.

(b)        If approved by theCommission, a memorandum of agreement shall for all purposes be enforceable bythe court's decree as hereinafter specified. Payment pursuant to G.S. 97‑18(b),or payment pursuant to G.S. 97‑18(d) when compensability and liabilityare not contested prior to expiration of the period for payment withoutprejudice, shall constitute an award of the Commission on the question ofcompensability of and the insurer's liability for the injury for which paymentwas made. Compensation paid in these circumstances shall constitute payment ofcompensation pursuant to an award under this Article. (1929, c. 120, s. 56; 1993(Reg. Sess., 1994), c. 679, s. 3.2; 2005‑448, s. 7.)