§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 […]
§85A-310. Consolidation of separate arbitration proceedings.
A. Except as otherwise provided in subsection C of this section, on application and motion of a party to an arbitration agreement or arbitration proceeding, the Commission may order consolidation of separate arbitration proceedings as to all or some of the claims if: 1. There are separate agreements to arbitrate or separate arbitration proceedings between […]
§85A-311. Method of appointing arbitrator.
A. If the parties to an arbitration agreement agree on a method for appointing an arbitrator, that method shall be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is unable to act and a successor has not been appointed, […]
§85A-312. Disclosures.
A. Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to the parties to the arbitration agreement, the parties to the arbitration proceeding, and any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator […]
§85A-313. Multiple arbitrators.
If there is more than one arbitrator, the powers of an arbitrator shall be exercised by a majority of the arbitrators, but all of them shall conduct the hearing under Section 315 of this title. Added by Laws 2013, c. 208, § 134, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 47, […]