NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

 

 

CHAPTER 1291

SENATE BILL 479

 

 

AN ACT TO AMEND THE WORKMEN'S COMPENSATION ACT TO PROVIDE FOR A COMPULSORY WORKMEN'S COMPENSATION LAW.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 97-3 is hereby amended by rewriting said section to read as follows:

"§ 97-3.  From and after the effective date of this act, every employer and employee, as hereinbefore defined and except as herein stated, shall be presumed to have accepted the provisions of this Article respectively to pay and accept compensation for personal injury or death by accident arising out of and in the course of his employment and shall be bound thereby."

Sec. 2.  G.S. 97-4 is hereby repealed.

Sec. 3.  G.S. 97-5 is hereby amended by changing the comma appearing after the word "Article" in the sixth line of said section to a period and by striking out the rest of said section.

Sec. 4.  G.S. 97-7 is hereby amended by striking out of the fifth and sixth lines of said section the following:

"G.S. 97-4, 97-5, 97-14, 97-15, 97-16, and" and by inserting in lieu thereof the "G.S.".

Sec. 5.  G.S. 97-9 is hereby amended by striking out of the second line of said section the words "who accepts" and inserting in lieu thereof the words "subject to" and by striking out of the fifth line of said section the words "who elects to come under this Article".

Sec. 6.  G.S. 97-10.1 is hereby amended by striking out of the first line of said section the words "accepted and".

Sec. 7.  G.S. 97-14 is hereby repealed.

Sec. 8.  G.S. 97-15 is hereby repealed.

Sec. 9.  G.S. 97-16 is hereby repealed.

Sec. 10.  G.S. 97-19 is hereby amended by striking out of the eighth line of said section the words "had accepted" and by inserting in lieu thereof the words "were subject to".

Sec. 11.  G.S. 97-27(a) is hereby amended by striking out of the twelfth line of said section the words "who may have accepted" and by inserting in lieu thereof the words "subject to".

Sec. 12.  G.S. 97-93 is hereby amended by striking out of the first line of said section the words "who accepts" and by inserting in lieu thereof the words "subject to".

Sec. 13.  G.S. 97-94 is hereby amended by striking out of the first line of said section the word "accepting" and inserting in lieu thereof the words "subject to".

Sec. 14.  G.S. 97-2(2) is hereby amended by striking out the second and third paragraphs of such subsection in their entirety and by substituting in lieu thereof the following:

"Every executive officer elected or appointed and empowered in accordance with the charter and bylaws of a corporation shall be considered as an employee of such corporation under this Article."

"Any such executive officer of a corporation may, notwithstanding any other provision of this Article, be exempt from the coverage of the corporation's insurance contract by such corporation specifically excluding such executive officer in such contract of insurance and the exclusion to remove such executive officer from the coverage shall continue for the period such contract of insurance is in effect, and during such period such executive officers thus exempted from the coverage of the insurance contract shall not be employees of such corporation under this Article."

Sec. 15.  All laws and clauses of laws in conflict with this act are hereby repealed.

Sec. 16.  This act shall be in full force and effect from and after January 1, 1975.

In the General Assembly read three times and ratified, this the 11th day of April, 1974.