NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 655

SENATE BILL 470

 

 

AN ACT REGARDING APPEALS UNDER THE STATE TORT CLAIMS ACT.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 143-293 is hereby rewritten to read as follows:

"Section 143-293.  Either the claimant or the State may, within 30 days after receipt of the decision and order of the Full Commission, to be sent by registered or certified mail, but not thereafter, appeal from the decision of the Commission to the Court of Appeals. Such appeal shall be for errors of law only under the same terms and conditions as govern appeals in ordinary civil actions, and the findings of fact of the Commission shall be conclusive if there is any competent evidence to support them. The appellant shall cause to be prepared a statement of the case as required by the rules of the Court of Appeals. A copy of this statement shall be served on the respondent within 45 day from the entry of the appeal taken; within 20 days after such service, the respondent shall return the copy with his approval or specified amendments endorsed or attached; if the case be approved by the respondent, it shall be filed with the Clerk of the Court of Appeals as a part of the record; if not returned with objections within the time prescribed, it shall be deemed approved. The Chairman of the Industrial Commission shall have the power, in the exercise of his discretion, to enlarge the time in which to serve statement of case on appeal and exceptions thereto or counterstatement of case.

"If the case on appeal is returned by the respondent with objections as prescribed, or if a countercase is served on appellant, the appellant shall immediately request the Chairman of the Industrial Commission to fix a time and place for settling the case before him. If the appellant delays longer than 15 days after the respondent serves his counter case or exceptions to request the Chairman to settle the case on appeal, and delays for such period to mail the case and countercase or exceptions to the Chairman, then the exceptions filed by the respondent shall be allowed; or the countercase served by him shall constitute the case on appeal; but the time may be extended by agreement of counsel.

"The Chairman shall forthwith notify the attorneys of the parties to appear before him for that purpose at a certain time and place, which time shall not be more than 20 days from the receipt of the request. At the time and place stated, the Chairman of the Industrial Commission shall settle and sign the case and deliver a copy to the attorneys of each party.

The appellant shall within five days thereafter file it with the Clerk of the Court of Appeals, and if he fails to do so the respondent may file his copy."

Sec. 2.  G.S. 143-294 is hereby amended by striking out "superior court" as the same appears in line two of such Section and by substituting in lieu thereof "Court of Appeals".

Sec. 3.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4.  This Act shall become effective on October 1, 1967.

In the General Assembly read three times and ratified, this the 1st day of June, 1967.