Public-domain · open source
OpenJurist

N.C. Gen. Stat. § 97-61.7

Waiver of right to compensation as alternative to forced change of occupation

Known as the The North Carolina Workers' Compensation Act

The act spans §§ 97–97 (132 sections).

Applied in 3 court decisions — leading case 141 N.C. App. 417 - Clark v. ITT Grinnell Industrial Piping, Inc. (2000)

Most recently applied in 202 N.C. App. 148 - Pope v. Manville (January 2010)

1935, c. 123; 1945, c. 762; 1955, c. 525, s. 2.

An employee who has been compensated under the terms of G.S. 97-61.5(b) as an alternative to forced change of occupation, may, subject to the approval of the Industrial Commission, waive in writing his right to further compensation for any aggravation of his condition that may result from his continuing in an occupation exposing him to the hazards of asbestosis or silicosis, in which case payment of all compensation awarded previous to the date of the waiver as approved by the Industrial Commission shall bar any further claims by the employee, or anyone claiming through him, provided, that in the event of total disablement or death as a result of asbestosis or silicosis with which the employee was so affected, compensation shall nevertheless be payable, but in no case, whether for disability or death or both, for a longer period than 100 weeks in addition to the 104 weeks already paid. Such written waiver must be filed with the Industrial Commission, and the Commission shall keep a record of each waiver, which record shall be open to the inspection of any interested person.

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.