§ 97-86. Award conclusive as to facts; appeal; certified questions of law. - North Carolina Statutes

§97‑86.  Award conclusive as to facts; appeal; certified questions of law.

The award of the IndustrialCommission, as provided in G.S. 97‑84, if not reviewed in due time, or anaward of the Commission upon such review, as provided in G.S. 97‑85,shall be conclusive and binding as to all questions of fact; but either partyto the dispute may, within 30 days from the date of such award or within 30days after receipt of notice to be sent by registered mail or certified mail ofsuch award, but not thereafter, appeal from the decision of said Commission tothe Court of Appeals for errors of law under the same terms and conditions asgovern appeals from the superior court to the Court of Appeals in ordinarycivil actions. The procedure for the appeal shall be as provided by the rulesof appellate procedure.

The Industrial Commission ofits own motion may certify questions of law to the Court of Appeals fordecision and determination by said Court. In case of an appeal from thedecision of the Commission, or of a certification by said Commission ofquestions of law, to the Court of Appeals, said appeal or certification shalloperate on a supersedeas except as provided in G.S. 97‑86.1, and noemployer shall be required to make payment of the award involved in said appealor certification until the questions at issue therein shall have been fullydetermined in accordance with the provisions of this Article. If the employeris a noninsurer, then the appeal of such employer shall not act as asupersedeas and the plaintiff in such case shall have the same right to issueexecution or to satisfy the award from the property of the employer pending theappeal as obtains to the successful party in an action in the superior court.

When any party to an appealfrom an award of the Commission is unable, by reason of his poverty, to makethe deposit or to give the security required by law for said appeal, any memberof the Commission or any deputy commissioner shall enter an order allowing saidparty to appeal from the award of the Commission without giving securitytherefor. The party appealing from the judgment shall, within 30 days from thefiling of the appeal from the award, make an affidavit that he is unable byreason of his poverty to give the security required by law. The request shallbe passed upon and granted or denied by a member of the Commission or deputycommissioner within 20 days from receipt of the affidavit specified above. (1929,c. 120, s. 60; 1947, c. 823; 1957, c. 1396, s. 9; 1959, c. 863, s. 4; 1967, c.669; 1971, c. 1189; 1975, c. 391, s. 15; 1977, c. 521, s. 1; 1993 (Reg. Sess.,1994), c. 679, s. 10.5; 1995 (Reg. Sess., 1996), c. 552, s. 1.)