§ 97-86.1. Payment of award pending appeal in certain cases. - North Carolina Statutes

§97‑86.1.  Payment of award pending appeal in certain cases.

(a)        When any appeal orcertification to the Court of Appeals is pending, and it appears to theCommission that any part of the award appealed from is not appealed by theissues raised by such appeal, the Commission may, on action or of its ownmotion, render a judgment directing compliance with any portion of such awardnot affected by such appeal; or, if the only issue raised by such appeal is theamount of the average weekly wage, the Commission shall, on motion of theclaimant, direct the payment of such portion of the compensation payable underits award as is not in dispute, if any, pending final adjudication of theundisputed portion thereof.

(b)        In any claim underthe provisions of this Chapter where it is conceded by all parties that theemployee's claim is a compensable one and the amount is not disputed and wherethe only issue is which employer or employers, carrier or carriers are liable,the Commission may, where an appeal from a hearing commissioner or the fullCommission is taken by one or more parties, order payment made to the employeepending outcome of the case on appeal. The order of payment shall contain theprovision that if the employer or carrier ordered to pay is not ultimatelyliable for the amount paid, the employer or carrier will be reimbursed by theemployer or carrier ultimately held liable.

(c)        No payment madepursuant to the provisions of this section shall in any manner operate as anadmission of liability or estoppel to deny liability by an employer or carrier.

(d)        In any claim underthe provisions of this Chapter wherein one employer or carrier has madepayments to the employee or his dependents pending a final disposition of theclaim and it is determined that different or additional employers or carriersare liable, the Commission may order any employers or carriers determined liable to make repayment in full or in part to any employer or carrier whichhas made payments to the employee or his dependents. (1977,c. 521, s. 2.)