State of North Carolina Hiring Agency Legal Consultant
Posted on: 7 Feb 2019 240 views
:Agency Legal Consultant I :State of North Carolina : http://www.oshr.nc.gov/ :Juris Doctor
Description of Work
MAXIMUM RECRUITMENT SALARY $64,173
The North Carolina Industrial Commission is vested as a court of exclusive and original jurisdiction by the General Assembly to adjudicate and administer the North Carolina Workers' Compensation Act. The Industrial Commission processes over 65,000 workers' compensation accidents and claims filed annually under the Act. This responsibility includes overseeing and providing for the trial of contested cases as well as administering non-contested cases. Workers who are injured by accident on the job or who contract an occupational disease receive disability and medical benefits as ordered by the Industrial Commission. The Industrial Commission is also a court of original jurisdiction for trying tort claims against the State under the North Carolina State Tort Claims Act. Additionally, the General Assembly has mandated the Industrial Commission to provide an adjudicated process for Childhood Vaccine-Related Injury claims, Compensation to Persons Erroneously Convicted of Felonies, and Eugenics claims. The Commission acts as a court of exclusive and final jurisdiction for death claims made by families of law enforcement officers, firefighters, rescue squad workers and civil air patrol members arising under the Death Benefits Act. Each of these adjudicatory systems requires administration of contested and uncontested claims, review of agreements and supervision of payment of benefits.
This position is part of the staff of the Industrial Commission's Office of the Executive Secretary. This position has been designated by the Commission as a "Special Deputy Commissioner" with the authority to rule on Compromise Settlement Agreements, Medical Motions, and Form 24 Applications for termination or suspension of workers' compensation benefits following training and approval.
Special Deputy Commissioners hold informal hearings and research issues in order to make informed decisions and issue administrative orders in workers' compensation cases. As workers' compensation is a specialized area of law and involves intricate and technical knowledge, Special Deputy Commissioners handle complex assignments involving a variety of evidence. Administrative orders issued by Special Deputy Commissioners are voluminous and have an immediate impact on the parties to workers' compensation cases.
The Special Deputy Commissioner can expect to rule on approximately 40 Form 24 Applications each month, 125+ Compromise Settlement Agreements each month, and 50 medical motions each month, in addition to other motions as assigned. Timeframe requirements are applicable to each area. Ruling on Form 24 Applications regularly involves conducting informal telephonic hearings with the parties or their counsel. The position also involves performing legal research, gathering statistics, and assisting the Executive Secretary with ruling on other administrative motions or with the development of continuing legal education manuscripts and presentations, on an as-needed basis.
Understanding the North Carolina Workers' Compensation Act and the North Carolina Workers' Compensation Rules, as well as relevant aspects of other areas of North Carolina law.
Professional knowledge, organizational awareness, decision-making skills, and independent judgment in planning and organizing work performed.
Ability to make timely, carefully considered decisions in cases in which the decisions will have an immediate and critical impact on the parties in the workers' compensation system.
The ability to work well both independently and as part of a team to meet deadlines for making decisions and processing caseload.
Strong communication skills are required.
Special Deputy Commissioners must work as a team to understand objectives and timely meet expectations.
New employees must be extensively trained to review issues and make appropriate decisions in complex workers' compensation cases.
Minimum Education and Experience Requirements
Juris Doctor from an appropriately accredited institution.
Graduation from an accredited law school. Applicant must be licensed to practice law in the State of North Carolina and complete all annual continuing legal education requirements.
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