GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	1
SENATE BILL 881

 
 
Short Title:	Workers' Comp Awards Filed as Judgments.	()	
Sponsors:	Senator Soles.	
Referred to:	Judiciary I.	
April 4, 2001

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT agreements, orders, and fiNAL AWARDS UNDER THE WORKERS' COMPENSATION ACT may BE ENTERED AS JUDGMENTS BY THE CLERK OF SUPERIOR COURT in the county in which the injury occurred.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 97‑87 reads as rewritten:
"§ 97‑87.  Filing agreements approved by Commission or awards; judgment in accordance therewith; discharge or restoration of lien.
Any party in interest may file in the superior court of the county in which the injury occurred a certified copy of a memorandum of agreement approved by the Commission, or of an order or decision of the Commission, or of an award of the Commission unappealed from or of an award of the Commission affirmed upon appeal, whereupon the clerk of superior court shall enter judgment accordingly."
SECTION 2.  G.S. 1‑209 reads as rewritten:
"§ 1‑209.  Judgments authorized to be entered by clerk; sale of property; continuance pending sale; writs of assistance and possession.
The clerks of the superior courts are authorized to enter the following judgments:
(1)	All judgments of voluntary nonsuit.
(2)	All consent judgments.
(3)	In all actions upon notes, bills, bonds, stated accounts, balances struck, and other evidences of indebtedness within the jurisdiction of the superior court.
(4)	All judgments by default final and default and inquiry as are authorized by Rule 55 of the Rules of Civil Procedure, and in this section provided.
(5)	In all cases where the clerks of the superior court enter judgment by default final upon any debt secured by mortgage, deed of trust, conditional sale contract or other conveyance of any kind, either real or personal property, or by a pledge of property, the said clerks of the superior court are authorized and empowered to order a foreclosure of such mortgage, deed of trust, conditional sale contract, or other conveyance, and order a sale of the property so conveyed or pledged upon such terms as appear to be just; and the said clerks of the superior court shall have all the power and authority now exercised by the judges of the superior court to appoint commissioners to make such sales, to receive the reports thereof, and to confirm the report of sale or to order a resale, and to that end they are authorized to continue such causes from time to time as may be required to complete the sale, and in the final judgment in said causes they shall order the execution and delivery of all necessary deeds and make all necessary orders disbursing the funds arising from the sale, and may issue writs of assistance and  possession upon ten days' notice to parties in possession. The commissioners appointed to make foreclosure sales, as herein authorized, may proceed to advertise such sales immediately after the date of entering judgment and order of foreclosure, unless otherwise provided in said judgment and order.
(6)	All agreements approved by the North Carolina Industrial Commission under the Workers' Compensation Act, Article 1 of Chapter 97 of the General Statutes; all orders or decisions of the North Carolina Industrial Commission under the Workers' Compensation Act; and all awards of the North Carolina Industrial Commission unappealed from or affirmed upon appeal under the Workers' Compensation Act; that are filed by any party in interest in the superior court of the county in which the injury occurred.
In any tax foreclosure action pending on March 15, 1939 or thereafter brought under the provisions of G.S. 105‑414 in which there is filed no answer which seeks to prevent entry of judgment of sale, the clerk of the superior court may render judgment of sale and make all necessary subsequent orders and judgments to the same extent as permitted by this section in actions brought to foreclose a mortgage. All such judgments and orders heretofore rendered or made by a clerk of the superior court in such tax foreclosure actions are hereby, as to the authority of the said clerk, ratified and confirmed."
SECTION 3.  This act is effective when it becomes law and applies to all agreements approved by the North Carolina Industrial Commission under the Workers' Compensation Act, Article 1 of Chapter 97 of the General Statutes that are approved on or after that date; all orders or decisions of the North Carolina Industrial Commission under the Workers' Compensation Act that are entered on or after that date; and all awards of the North Carolina Industrial Commission unappealed from or affirmed upon appeal under the Workers' Compensation Act that are awarded on or after that date.