NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 1189

SENATE BILL 836

 

 

AN ACT TO AMEND G.S. 97-86 RELATING TO APPEALS FROM THE INDUSTRIAL COMMISSION.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 97-86 is hereby amended by adding to the end of such section a new paragraph as follows:

"When any party to an appeal from an award of the Commission is unable, by reason of his poverty, to make the deposit or to give the security required by law for said appeal, the Chairman of the Industrial Commission may, in his discretion, enter an order allowing said party to appeal from the award of the Commission without giving security therefor. The party desiring to appeal from the judgment shall, within 30 days form the filing of the award by the full Commission, make an affidavit that he is unable by reason of his poverty to give the security required by law, and that he is advised by a practicing attorney that there is error in the matters of law in the award of the Commission in said case. The affidavit must be accompanied by a written statement from a practicing attorney of North Carolina that he has examined the affiant's case, and is of the opinion that the decision of the Commission, in said case, is contrary to law. The request for appeal shall be passed upon and granted or denied by the Chairman of the Commission within 30 days from receipt of the affidavit and letter as specified above."

Sec. 2.  All laws and clauses of laws in conflict with this act are hereby repealed.

Sec. 3.  This act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 21st day of July, 1971.