What are the steps in the third-party appeals process?
The steps in the third-party appeals process for industrial accident law in North Carolina involve filing an Application for Hearing and furnishing proof of a compensable claim or denial of a claim. An Administrative Law Judge (ALJ) is appointed to hear and decide the case. The ALJ will review evidence and arguments presented by both parties and render a decision. Next, either party can appeal the decision of the ALJ by filing a petition for judicial review with the North Carolina Industrial Commission. The Industrial Commission is the appeals court for North Carolina workers’ compensation cases and reviews the ALJ’s decision. After a review of the case, the Industrial Commission can affirm, modify, or reverse the ALJ’s decision. Finally, either party can further appeal the Industrial Commission’s decision to the North Carolina Court of Appeals. The Court of Appeals is the final step of the appeals process and it can affirm, modify, or reverse the decision of the Industrial Commission based on the evidence and arguments presented. After the Court of Appeals renders its decision, the case is considered complete.
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