§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-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 […]
§85A-306. Agreement to submit to arbitration.
A. A written agreement to submit any existing or subsequent controversy arising between the parties to arbitration is valid, enforceable, and irrevocable except on a ground that exists at law or in equity for the revocation of a contract. B. An arbitrator shall decide whether a condition precedent to arbitration has been fulfilled and whether […]
§85A-307. Refusal to arbitrate.
A. On application and motion of a person showing an agreement to arbitrate and alleging another person’s refusal to arbitrate under the agreement: 1. If the refusing party does not appear or does not oppose the motion, the Workers’ Compensation Commission shall order the parties to arbitrate; and 2. If the refusing party opposes the […]
§85A-308. Judgement for provisional remedies.
A. Before an arbitrator is appointed and authorized to act, the Commission, on application and motion of a party to an arbitration proceeding and for good cause shown, may enter a judgment for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if the […]
§85A-309. Initiation of arbitration.
A. A person shall initiate an arbitration proceeding by giving written notice to the Commission and the other parties to the arbitration agreement. Notice shall be served on the parties in the manner prescribed by the arbitration agreement, or, if the arbitration agreement does not address the method of notice, then by the service of […]