§ 97-17. Settlements allowed in accordance with Article.
§ 97‑17. Settlementsallowed in accordance with Article.
(a) This article doesnot prevent settlements made by and between the employee and employer so longas the amount of compensation and the time and manner of payment are inaccordance with the provisions of this Article. A copy of a settlementagreement shall be filed by the employer with and approved by the Commission.No party to any agreement for compensation approved by the Commission shalldeny the truth of the matters contained in the settlement agreement, unless theparty is able to show to the satisfaction of the Commission that there has beenerror due to fraud, misrepresentation, undue influence or mutual mistake, inwhich event the Commission may set aside the agreement. Except as provided inthis subsection, the decision of the Commission to approve a settlementagreement is final and is not subject to review or collateral attack.
(b) The Commissionshall not approve a settlement agreement under this section, unless all of thefollowing conditions are satisfed:
(1) The settlementagreement is deemed by the Commission to be fair and just, and that theinterests of all of the parties and of any person, including a health benefitplan that paid medical expenses of the employee have been considered.
(2) The settlementagreement contains a list of all of the known medical expenses of the employeerelated to the injury to the date of the settlement agreement, includingmedical expenses that the employer or carrier disputes, and a list of medicalexpenses, if any, that will be paid by the employer under the settlementagreement.
(3) The settlementagreement contains a finding that the positions of all of the parties to theagreement are reasonable as to the payment of medical expenses.
It is not necessary, however, tosatisfy the condition in subdivision (2) of this subsection when in thesettlement agreement the employer agrees to pay all medical expenses of theemployee related to the injury to the date of the settlement agreement.
(c) In determiningwhether the positions of all of the parties to the agreement are reasonable asto the payment of medical expenses under subdivision (3) of subsection (b) ofthis section, the Commission shall consider all of the following:
(1) Whether the employeradmitted or reasonably denied the employee's claim for compensation.
(2) The amount of all ofthe known medical expenses of the employee related to the injury to the date ofthe settlement agreement, including medical expenses that the employer orcarrier disputes.
(3) The need forfinality in the litigation.
(d) Nothing in thissection shall be construed to limit the application of G.S. 44‑49 andG.S. 44‑50 to funds in compensation for settlement under this section. (1929, c. 120, s. 18; 1963,c. 436; 2001‑216, s. 2; 2001‑487, s. 102(b); 2005‑448, s. 3.)