A North Carolina workers’ compensation file can contain a claim notice, employer report, acceptance or denial form, medical request, motion, hearing request, response, mediation order, discovery, pretrial agreement, hearing notice, and later decision. Form 33 and Form 33R occupy a specific part of that sequence.

Form 33 requests that a disputed claim be assigned for hearing, while Form 33R responds to that request; neither form is a decision that the claim, defense, medical issue, or requested benefit is correct.

Do not use a hearing request as a substitute for the claim record

The North Carolina Industrial Commission forms page lists current Commission forms and identifies Form 18 as the form used to begin an employee claim and Form 33 as a request that a claim be assigned for hearing. Before preparing a hearing request, reconcile the Industrial Commission file number, employee, employer, carrier or administrator, injury date, body part or condition, Form 18, Form 19, acceptance or denial form, medical record, wage record, and existing orders.

Read each Form 33 field as a factual assertion

The current Form 33 requests party and claim information, the reason the parties have been unable to agree, the hearing location information, estimated hearing time, and witnesses, including doctors whose testimony is expected. The form also contains a readiness certification and certificate of service. Each entry should be supported, current, and consistent with the source file.

  • Employee, employer, carrier or administrator, addresses, telephone numbers, email, Industrial Commission file number, and date of injury
  • Specific disputed issue, requested relief, body part or condition, city and county of injury, and any difference from an earlier form or notice
  • Medical and lay witness names, addresses where requested, purpose, availability, and whether the person has firsthand or qualified knowledge
  • Estimated hearing length, filing method, filing confirmation, date served, person or attorney served, service method, and copy retained
  • Unresolved fact, missing record, pending medical question, discovery need, or other reason the file may not be ready

Treat Form 33R as a separate issue map

The current Form 33R asks the responding party to state with specificity why the parties remain unable to agree and to address listed matters such as compensability positions, employment relationship, coverage, injury information, payments, wage information, witnesses, and estimated hearing time. Compare the response with Form 33 and the underlying records; do not silently replace the requesting party’s issue statement with the response.

Use the current Commission rules and form versions

The current Industrial Commission rules page provides the Commission’s rule resources, including the rules addressing requests for hearing and responses. Filing method, response time, service, mediation, discovery, hearing preparation, and exceptions can depend on the current rules, Commission orders, party status, and issue. Verify the live forms page, rule text, and any case-specific order instead of relying on an old article or saved blank form.

Build a Form 33 and 33R comparison table

  • Field or issue, Form 33 statement, Form 33R statement, supporting source, conflict, missing record, and person responsible for follow-up
  • Accepted issue, disputed issue, issue not addressed, new issue, and issue that may require amendment or Commission direction
  • Witness, subject, firsthand basis or qualification, address, document connection, anticipated testimony, and scheduling status
  • Filing date, service date, recipient, confirmation, response date, mediation order, mediator selection, conference, impasse or resolution, and hearing notice
  • No assumption that a checked box, unopposed statement, missing response, or scheduled hearing resolves the merits

Preserve the procedural history after filing

Retain the signed forms, supporting documents, filing receipt, service record, returned correspondence, docket communication, mediation order, mediator selection, continuance request, hearing calendar, pretrial order, pretrial agreement, stipulated exhibits, discovery, deposition schedule, transcript, motions, orders, and final decision. Label drafts separately and keep a dated list of changed issues so a later filing does not obscure what was previously asserted.

Separate procedural readiness from the merits

A hearing request says that a dispute should enter the hearing process. It does not establish employment status, coverage, accident or disease classification, medical causation, disability, wage amount, treatment entitlement, benefit amount, or credibility. Each disputed element requires the record and legal standard applicable to that issue.

The related guide to responding after a North Carolina workers’ compensation denial explains how to parse a Form 61 and identify the evidence related to each stated ground. This page owns the narrower Form 33 request and Form 33R response record.

Rosensteel Fleishman Car Accident & Injury Lawyers provides information about consulting a Charlotte workers’ compensation lawyer about a hearing request or response. The claim identity, disputed issues, evidence, service, mediation, and hearing history should remain traceable to the current Commission file.

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