GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

H                                                                                                                                                   D

HOUSE DRH40350-LR-135  (04/02)

Short Title:        WC/Limit Benefits of High Earners.		(Public)
Sponsors:	Representative Brawley.
Referred to:

A BILL TO BE ENTITLED

AN ACT amending the workers' compensation act to limit the benefits payable to highly compensated employees.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 1 of Chapter 97 of the General Statutes is amended by adding a new section to read:

"§ 97‑31.2.  Limit on benefits payable to highly compensated employees.

(a) Any employee whose injury by accident or occupational disease, or whose last injurious exposure, arose out of and in the course of employment shall not be entitled to compensation under G.S. 97‑29, 97‑30, or 97‑31 if the employee's earnings at the time of the injury result in an average weekly wage of more than 10 times the maximum benefit amount as computed pursuant to G.S. 97‑29(i) at such time. For an occupational disease claim, the determination will be made based upon the employee's earnings for the final year of employment during the course of the occupation which gives rise to the occupational disease claim.

(b) Nothing in this section shall be construed to eliminate or diminish an employer's obligation to pay medical expenses as provided by this Chapter."

SECTION 2.  Notwithstanding G.S. 97‑31.1, this act is effective when it becomes law and applies to claims arising on or after that date.