§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-301. Arbitration agreements.
All agreements to arbitrate claims for injuries covered by the Administrative Workers’ Compensation Act shall be valid and enforceable in this state when: 1. The employer provides notice of the existence of an agreement to arbitrate to both the employee and the employer’s workers’ compensation insurance provider; 2. The employer files an alternative dispute resolution […]
§85A-317. Subpoenas – Depositions – Discovery.
A. An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena shall be served in the manner for service of subpoenas in a civil action and, upon application and motion to the Commission by a […]
§85A-302. Notice.
A. Except as otherwise provided in the Workers’ Compensation Arbitration Act, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice. B. A person has notice if the person has knowledge of […]
§85A-318. Pre-award ruling.
If an arbitrator makes a pre-award ruling in favor of a party, the party may request the arbitrator to incorporate the ruling into an award under Section 319 of this title. A prevailing party may make an application and motion to the Commission for an expedited judgment to confirm the award under Section 322 of […]
§85A-303. Agreements governed by act.
The Workers’ Compensation Arbitration Act governs an agreement to arbitrate made on or after February 1, 2014. The Workers’ Compensation Arbitration Act governs an agreement to arbitrate made before February 1, 2014, if all the parties to the agreement or to the arbitration proceeding agree in writing. Added by Laws 2013, c. 208, § 124, […]
§85A-319. Record of the award.
A. An arbitrator shall make a record of the award. The award may contain the evidence and conclusion upon which the award was based unless the agreement of the parties specifies the type of award to be issued. The record shall be signed or otherwise authenticated by any arbitrator who concurs with the award. The […]
§85A-304. Waiver.
A. Except as otherwise provided in subsections B and C of this section and in the laws of this state outside of this title, a party to an agreement to arbitrate or to an arbitration proceeding may waive, or the parties may vary the effect of, the requirements of this act to the extent permitted […]
§85A-320. Modification of awards.
A. On motion by a party to an arbitration proceeding, the arbitrator may modify or correct an award: 1. On a ground stated in paragraph 1 or 3 of subsection A of Section 324 of this title; 2. Because the arbitrator has not made a final and definite award upon a claim submitted by the […]
§85A-305. Application for judicial relief.
A. Except as otherwise provided in Section 107 of this title, an application for judicial relief under this act shall be made by application and motion to the Workers’ Compensation Commission and heard in the manner provided by law or rule of the Commission for making and hearing motions. B. Unless a civil action involving […]