§ 97-87. Judgments on awards. - North Carolina Statutes

§ 97‑87.  Judgments onawards.

(a)        As used in thissection, "award" includes the following:

(1)        A form filed, or anaward arising, under G.S. 97‑18(b), 97‑18(d), or 97‑82(b).

(2)        A memorandum ofagreement approved by the Commission.

(3)        An order or decisionof the Commission.

(4)        An award of theCommission from which there has been no appeal.

(5)        An award of theCommission affirmed on appeal.

(b)        When an award orportion of an award provides for a sum certain or for a sum that can bycomputation be made certain, and that sum is due and payable as of the date ofthe award, a judgment may be docketed as provided in subsection (d) of thissection, in an amount equal to that sum.

(c)        When an award orportion of an award provides for periodic payments to be made on or after thedate of the award, a judgment may be docketed as provided in subsection (d) ofthis section, in an amount equal to the sum stated in any Certificate ofAccrued Arrearages that is issued by the Commission under this subsection. Ifany payment that has accrued after the date of the award, or after the datespecified in the most recent Certificate of Accrued Arrearages issued underthis subsection, is not received by the claimant when due, the followingprocedure is available for obtaining a Certificate of Accrued Arrearages:

(1)        The claimant mayfile with the Commission a Statement of Accrued Arrearages, on a form approvedby the Commission, and shall serve a copy on all parties against whom judgmentis sought and their attorney of record.

(2)        Any party againstwhom judgment is sought may, within 15 days of the date of service of aStatement of Accrued Arrearages, file with the Commission proof of any paymentsthat have been made or other responsive pleadings.

(3)        If no proof or otherresponsive pleading is filed within 15 days of the date of service of theStatement, the Commission shall immediately issue a Certificate of AccruedArrearages.

(4)        If proof of paymentor other responsive pleading is filed, the Commission shall, within seven days,either issue a Certificate of Accrued Arrearages that shall state the sum ofpayments due or decline to issue a Certificate of Accrued Arrearages. TheCommission shall notify the claimant, the party against whom judgment issought, and their attorney of record of the Commission's decision.

(5)        If any partydisputes the decision of the Commission entered under subdivision (c)(4) ofthis section, the party may appeal to the full Commission within 10 days of theentry of the decision of the Commission. The nonappealing party may file aresponse within 10 days of receiving notice of appeal. The notice of appealshall request one of the following:

a.         The Commissionreconsider the decision entered based on the record and any additional evidencethat parties submit with the notice and response.

b.         A de novoevidentiary hearing before the full Commission.

(6)        The Commission shallgrant the request for an evidentiary hearing under sub‑subdivision(c)(5)b. of this section if a material issue of fact exists whose resolution isnecessary to determine the appeal.

(7)        If a notice ofappeal is given under sub‑subdivision (c)(5)a. of this section, theCommission shall issue its decision within 10 days of the filing of theresponse under subdivision (c)(5)b. of this section. If a notice of appeal isgiven under sub‑subdivision (c)(5) of this section, the Commission shalleither conduct an evidentiary hearing and issue its decision on the appealwithin 90 days of the filing of the response under subdivision (c)(5) of thissection or deny the request for the evidentiary hearing and issue its decisionwithin 10 days of the filing of the response under subdivision (c)(5) of thissection. Further appeals are governed by G.S. 97‑86.

(8)        Each award and eachCertificate of Accrued Arrearages shall include the following information:

a.         The names andaddresses of the parties.

b.         The sum of allprincipal amounts that have accrued and remain unpaid since the date of theaward or since the date of the most recent prior Certificate of Accrued Arrearages.

c.         The total of anyinterest that has accrued on the award, as of the date of the Certificate ofAccrued Arrearages, since the date of the award or since the date of the mostrecent prior Certificate of Accrued Arrearages.

d.         Any costs, penalties,or monetary sanctions included in the award.

(d)        Any party ininterest may file a certified copy of an award described in subsection (b) ofthis section, or of a Certificate of Accrued Arrearages, in the office of theclerk of superior court of the county in which the defendant has a place ofbusiness or has property, or in which an injury occurred, or in Wake County. Anaward shall be accompanied by the party's affidavit stating that the award hasbecome final and the time for making the first payment under the award hasexpired.

(e)        Promptly after acertified copy of an award or of a Certificate of Accrued Arrearages is filed,the clerk shall docket and index a judgment as provided in Chapter 1 of theGeneral Statutes. The principal amount in the award or in the Certificate ofAccrued Arrearages shall bear interest at the judgment rate from the date thejudgment is docketed. The judgment may be enforced in the same manner as ajudgment docketed under Chapter 1 of the General Statutes.

(f)         The filing of anaward, or of a Certificate of Accrued Arrearages, for docketing as a judgmentunder this section shall be treated as a civil action for record‑keepingpurposes. The amount in which the judgment is docketed shall determine theamount of the costs to be collected at the time of filing and assessed pursuantto G.S. 7A‑305.

(g)        Nothing in thissection shall be construed to limit the Commission's authority to impose anyother remedy provided by law. (1929, c. 120, s. 61; 2001‑477, s. 1.)