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2007 North Carolina Attorney General Reports and Opinions 1 (2007)

handle is hein.sag/sagnc0044 and id is 1 raw text is: State of North Carolina
ROY COOPER                        D                                               Tort Claims Section
ATTORNEY GENERAL                    Department of justice                             (919) 716-6820
114 W. Edenton Street                          Fax (919) 716-6759
P.O. Box 629
RALEIGH, NORTH CAROLINA
27602-0629
July 2, 2007
Hon. Drew P. Saunders
House of Representatives
North Carolina General Assembly
Legislative Building
16 W. Jones Street
Raleigh, NC 27601-1096
Re:    Advisory Opinion: Workers' Compensation Act;
N.C.G.S. § 97.19.1; Regulation of Motor Carriers
Dear Representative Saunders:
Thank you for presenting the American Trucking Associations' White Paper concerning
Section 97-19.1 of the North Carolina Workers' Compensation Act for our review. Your letter
requests that we review whether N.C.G.S. § 97-19.1 violates the restrictions on State regulation
as expressed in 49 U.S.C. § 14501(c).
Does N.C.G.S. § 97-19.1 violate 49 U.S.C. § 14501(c)?
No. N.C.G.S. § 97-19.1, which provides that a motor carrier may be liable for workers'
compensation benefits, does not violate 49 U.S.C. § 14501(c).
Section 97-19.1 of the North Carolina Workers' Compensation Act states in pertinent
part:
Any principal contractor, intermediate contractor, or subcontractor, irrespective
of whether such contractor regularly employs three or more employees, who
contracts with an individual in the interstate or intrastate carrier industry who
operates a truck, tractor, or truck trailer licensed by the United States Department
of Transportation and who has not secured the payment of compensation in the

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