WITHDRAWN: Sturdivant v. NC Dept. of Public Safety – Extended Benefits pursuant to N.C. Gen. Stat. § 97-29(c)

By: Melissa P. Woodard

On March 21, 2023, the North Carolina Court of Appeals filed an opinion in Sturdivant v. NC Dept. of Public Safety wherein the Court interpreted when a plaintiff may be entitled to extended benefits under N.C. Gen. Stat. § 97-29(c).  The North Carolina Rules of Appellate Procedure note unless otherwise ordered, upon the Courts’ filing of an opinion the Clerk of the Court of Appeals “shall enter judgment and issue the mandate of the court twenty days after the written opinion of the court has been filed with the clerk.”  N.C. R. App. P. Art VI, Rule 32.  Accordingly, the opinion is not strictly finalized until the mandate has been issued 20 days after the opinion’s filing.

We have learned that on Friday, March 31, 2023, the Court ordered the Clerk not to certify the opinion and withdrew the March 21, 2023 Sturdivant decision.  The Rules of Appellate Procedure require that an opinion be refiled, but as of today, the initial decision is not binding.  The timeline for the refiled opinion is uncertain.

This issue is still of vital importance to the jurisprudence of our State and its workers’ compensation law.  We will continue to closely monitor the activity of the courts and provide information as we are able to obtain it.  Regardless of the ultimate outcome of the Court of Appeals decision, we anticipate a Supreme Court decision will be in the future on this issue.  If you have any questions about this issue, please feel free to contact Lewis & Roberts.