Any attorney who earned certification as a specialist in workers' compensation law must meet certain standards including a showing of substantial involvement in the specialty area.
Substantial involvement involves a showing that the attorney focused a certain amount of time in the practice area during substantive legal work such as providing legal advice or representation.
A certain portion of this time can be spent in a practice equivalent such as:
- service as a law professor concentrating in the teaching of workers' compensation law;
- service as a mediator of workers' compensation cases;
- service as a deputy commissioner or commissioner of the North Carolina Industrial Commission; or
- the applicant was a full-time deputy commissioner or commissioner.
Substantial involvement may also involve a showing that the attorney has completed a certain number of type of tasks including:
- representation as principal counsel of record in complex cases tried to an opinion and award of the North Carolina Industrial Commission;
- representation in occupational disease cases tried to an opinion and award of the North Carolina Industrial Commission; and
- representation in appeals of decisions to the North Carolina Court of Appeals or the North Carolina Supreme Court.
In addition to substantial involvement, the attorney must also show completion of a certain number and type of Continuing Legal Education (CLE) credits in workers' compensation law or related fields such as:
- evidence;
- labor and employment law;
- mediation;
- medical injuries, medicine, or anatomy;
- civil trial practice and procedure;
- Social Security disability law; and
- the law relating to long-term disability or Medicaid/Medicare claims.
The attorney in North Carolina seeking board certification in workers' compensation law must also submit to peer review by other attorneys and lawyers who are familiar with the attorney's practice. Finally, the attorney must submit to a written examination testing the attorney's knowledge in the field of workers' compensation law and closely related fields of law.
The original certification period will last for five years. During that time the attorney must apply for continued certification within certain time limits. Although no written examination is required, the attorney must show continued substantial involvement, complete certain continuing legal education (CLE) credits, and submit to peer review.
