The Short Answer
NC Industrial Commission Form 44 is the Application for Review — the form used to appeal a Deputy Commissioner's decision to the full Commission. Either the plaintiff or defendant can file it, but you must first send a letter of intent to appeal before the NCIC will provide the form. You have 25 days from the date you receive the hearing transcript to file Form 44. Any issues you don't list on the form are considered abandoned, meaning you lose the right to argue them before the full Commission — so thoroughness matters.
North Carolina Industrial Commission (NCIC) Form 44 is the Application for Review. This form must be completed by either a defendant or plaintiff who wishes to appeal a decision by the Deputy Commissioner of the NCIC. The first step for the appellant should be to send a letter of intent to appeal to the NCIC. The NCIC will then supply the appellant with Form 44. The reasons for the appeal must be specifically defined on the form. Any issues not addressed on the form will be considered abandoned, and the appellant cannot argue those issues in front of the full commission. As a result, it is important to cover all potential issues when completing the form.
The appellant will have 25 days from the date the transcript is received from the NCIC to file Form 44. When contesting errors on the transcript, it is important to cite the specific error, preferably citing the page on which the error occurs. Along with Form 44, the appellant should submit a brief in support of the challenge, not to exceed 35 pages in length. If a brief is not submitted to the NCIC, the party will not be allowed oral arguments before the full commission. Three copies of Form 44 and the brief, if included, must be submitted to the NCIC with a copy sent to the appellee. The appellee will have 25 days from service of the appellant’s brief to submit a response brief. As with the appellant, if the appellee does not submit a brief the party will not be allowed to provide oral arguments to the full commission. The appellee will provide three copies of any response to the NCIC with a copy served on the appellant. It is important to note that during the appeal process, no new evidence will be heard, unless the Commission decides to make an allowance.
Key Takeaways
- Form 44 must cover every issue you want to appeal — anything left off the form is permanently abandoned and cannot be raised before the full Commission.
- You have 25 days from receiving the hearing transcript to file Form 44, so act quickly once the transcript arrives.
- A supporting brief of no more than 35 pages should be filed alongside Form 44; without it, you forfeit the right to make oral arguments before the full Commission.
- Three copies of Form 44 and any brief must go to the NCIC, plus one copy served directly on the opposing party.
- The appellee has 25 days from service of the appellant's brief to file a response brief, and faces the same oral argument penalty for skipping it.
- No new evidence is considered during the appeal unless the full Commission specifically allows an exception.
