§85A-327. Appeals.
A party may appeal the following actions to the district court as provided in Section 328 of this title: 1. An order denying a motion to compel arbitration; 2. An order granting a motion to stay arbitration; 3. An order confirming or denying confirmation of an award; 4. An order modifying or correcting an award; […]
§85A-328. Selection of court.
An application and motion under judicial review of a judgment or award entered by the Commission under this act shall be made in the district court in the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court in the […]
§85A-400. Workers’ Compensation Court.
A. The Workers’ Compensation Court shall be renamed the Workers’ Compensation Court of Existing Claims for the purpose of hearing disputes relating to claims that arise before February 1, 2014. The Court shall consist of the existing judges for the remainder of his or her term. Each judge of the Court shall continue to serve […]
§85A-401. Workers’ Compensation Court of Existing Claims Revolving Fund.
There is hereby created in the State Treasury a revolving fund for the Workers’ Compensation Court of Existing Claims to be designated the “Workers’ Compensation Court of Existing Claims Revolving Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Workers’ Compensation […]
§85A-401.1. Workers’ Compensation Administrative Fund.
There is hereby created in the State Treasury a revolving fund for the Workers’ Compensation Court of Existing Claims to be designated the “Workers’ Compensation Administrative Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Workers’ Compensation Court of Existing Claims […]
§85A-321. Benefits – Attorney fees.
A. An arbitrator may award benefits set forth in Sections 45, 46, 47 and 51 of this title. B. An arbitrator may award reasonable attorney fees and other reasonable expenses of arbitration if the arbitrator finds that a party was not acting in good faith throughout the arbitration. C. As to all remedies other than […]
§85A-322. Judgments confirming the award.
After a party to an arbitration proceeding receives notice of an award, the party may make an application and motion to the Workers’ Compensation Commission for a judgment confirming the award at which time the Commission shall issue a confirming judgment unless the award is modified or corrected under Section 320 or 324 of this […]
§85A-323. Vacation of awards.
A. On an application and motion to the court by a party to an arbitration proceeding, the Workers’ Compensation Commission shall vacate an award made in the arbitration proceeding if: 1. The award was procured by corruption, fraud, or other undue means; 2. There was: a.evident partiality by an arbitrator appointed as a neutral arbitrator, […]
§85A-324. Modification of awards by Commission.
A. On application and motion made within thirty (30) days after movant receives notice of the award or within thirty (30) days after the movant receives notice of a modified or corrected award, the Commission shall modify or correct the award if: 1. There was an evident mathematical miscalculation or an evident mistake in the […]
§85A-325. Judgment entered by Commission.
A. On granting a motion to confirm or vacate an order, the Commission shall enter a judgment in conformity therewith. The judgment may be recorded, docketed and enforced as any other judgment in its jurisdiction. B. On application of a prevailing party, the Commission may award reasonable attorney fees and other reasonable expenses of litigation […]