Goodson v. P. H. Glatfelter Co.

Outcome

Excerpt

1. Workers' Compensation — sale of business — continuing jurisdiction of Industrial Commission An employer who had sold its paper mill and workers' compensation liabilities after an employee's work-related accident continued to be subject to the jurisdiction of the Industrial Commission with regard to that accident. 2. Workers' Compensation — jurisdiction of Industrial Commission — not divested by course of conduct None of the cited authority supported an argument that a course of conduct by the Department of Insurance or the Industrial Commission could divest the Commission of the jurisdiction conferred on it by statute in a workers' compensation case involving an employer that had sold its business. Moreover, the parties had stipulated that the employer, Glatfelter, was bound by the provisions of the Workers' Compensation Act. 3. Workers' Compensation — authority of Industrial Commission — agreement transferring obligations Adjudication of the validity of an agreement transferring workers' compensation liabilities along with a paper mill fell within the delegated authority of the Industrial Commission. N.C.G.S. § 97-6 . Page 597 4. Workers' Compensation — authority of Industrial Commission — discharge of obligation Determining whether a self-insurer has fully discharged its workers' compensation obligations is the province of the Industrial Commission; the Department of Insurance does not have that authority, by implication or expression. The Department of Insurance in this case improperly released the bond of a self-insured employer which did not secure its obligations in a manner compliant with N.C.G.S. § 97-185 (g).</block_qu