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Goodson v. N.C. Dep't of Insurance ex rel Long7/19/2005
and Glatfelter should be dismissed." In support of this argument, Glatfelter cites Bryant v. Dougherty, 267 N.C. 545, 148 S.E.2d 548 (1966); N.C. Gen. Stat. § 97-185(g) and (h); and N.C. Gen. Stat. § 58-2-1.
North Carolina General Statutes § 58-2-1 statutorily creates DOI and charges it "with the execution of laws relating to insurance and other subjects placed under ." Our Supreme Court's holding in Bryant merely concerned whether an employee could bring a malpractice claim against physicians who treat an employee's compensable injury and whether the Commission had "jurisdiction to hear and determine such action." Bryant, 267 N.C. at 552, 148 S.E.2d at 554. North Carolina General Statutes § 97- 185 contains, in relevant part, certain provisions concerning how DOI is to handle securities of self-insured employers. The instant case does not concern a plaintiff attempting to bring suit against his physician for alleged malpractice, and none of the above cited authority supports an argument that a course of conduct by DOI or the Commission somehow divests the Commission of jurisdiction. Moreover, we have found no support for the proposition that acourse of action by DOI or the Commission could divest it of the jurisdiction which has been conferred upon it by statute. In any event, Glatfelter's objections to the Commission's jurisdiction over it conflict with the pre-trial agreement entered into, inter alios, by Glatfelter. The pre-trial agreement provided that Glatfelter agreed to certain stipulations from which the Commission could make findings of fact and conclusions of law. Included in such stipulations was that Glatfelter was subject to and bound by the applicable provisions of the Act. This assignment of error is overruled.
B. Jurisdiction Over Adjudication of the Validity of the Agreement
Glatfelter alternatively argues that, even if the Commission had jurisdiction over Glatfelter, it did not have jurisdiction to adjudicate the validity of the terms of the acquisition agreement purporting to transfer the workers' compensation liability for the the Ecusta Division from Glatfelter to RFS. Citing TIG Ins. Co. v. Deaton, Inc., 932 F. Supp. 132 (W.D.N.C. 1996), Glatfelter contends the agreement was a discreet contract over which the Commission had no jurisdiction. We disagree.
The Commission is expressly vested with jurisdiction to determine " ll questions arising under" the Workers' Compensation Act, see N.C. Gen. Stat. § 97-91 (2003), and "is charged with the duty of administering provisions of the Act such as to provide speedy, substantial and complete relief to all parties bound by the Act." N.C. Ins. Guar. Ass'n v. International Paper Co., 152 N.C. App. 224, 226, 569 S.E.2d 285, 286 (2002). The jurisdictionconferred by statute to the Commission also includes "such judicial power as is necessary to administer the Workers' Compensation Act." Hogan v. Cone Mills Corp., 315 N.C. 127, 138, 337 S.E.2d 477, 483 (1985), appeal after remand, 94 N.C. App. 640, 381 S.E.2d 151 (1989), reversed on other grounds, 326 N.C. 476, 390 S.E.2d 136 (1990).
In the instant case, the Commission considered the acquisition agreement to determine whether Glatfelter could validly transfer its workers' compensation liabilities under the Act to RFS. North Carolina General Statutes § 97-6 (2003) provides as follows: "No contract or agreement, written or implied, no rule, regulation, or other device shall in any manner operate to relieve an employer in whole or in part, of any obligation created by this Article, except as herein otherwise expressly provided." We conclude that the portion of the contract that attempted to transfer the workers' compensation liabilities of Glatfelter to
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