What is Form 44 in Workers Compensation?

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.