Title 85A, Title 85A — Workers' Compensation

As used in the Administrative Workers’ Compensation Act: 1. “Actually dependent” means a surviving spouse, a child or any other person who receives one-half (1/2) or more of his or her support from the employee; 2. “Carrier” means any stock company, mutual company, or reciprocal …

A. Every employer and every employee, unless otherwise specifically provided in this act, shall be subject and bound to the provisions of the Administrative Workers' Compensation Act and every employer shall pay or provide benefits according to the provisions of this act for the …

Injury Trust Fund claims. A. For the purposes of Sections 31 through 35 of this title, the term "physically impaired person" means a person who, as a result of accident, disease, birth, military action, or any other cause, has suffered: 1. The loss of the sight of one eye; 2. The…

Sections 300 through 328 of this title shall be known and may be cited as the "Workers' Compensation Arbitration Act". Added by Laws 2013, c. 208, § 121, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 42, emerg. eff. May 28, 2019.

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…

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. …

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 proce…

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 e…

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…

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 c…

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 …

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 …

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 n…

A. The Multiple Injury Trust Fund shall be derived from the following additional sources: 1. As soon as practicable after January 1 of each year, the commissioners of the Workers' Compensation Commission shall establish an assessment rate applicable to each mutual or interinsuran…

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…

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 su…

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 re…

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, § …

A. Arbitrators and arbitration organizations providing services under this act are immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity. B. The immunity afforded by this section supplements any immunity under other law. …

heard - Replacement arbitrator. A. Arbitrations shall be conducted in a fair and expeditious manner. The authority conferred on arbitrators includes, without limitation, the power to hold conferences and hearings with the parties, determine the admissibility, relevance, materiali…

A. A party to an arbitration proceeding may be represented by a lawyer. B. Each party shall be responsible for payment of his or her legal fees incurred during arbitration, except as provided for in Section 321 of this title. C. The employee's attorney may not recover legal fees …

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…

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 confir…

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 arbitrato…

A. If an employee who is a "physically impaired person" receives an accidental personal injury compensable under the Administrative Workers' Compensation Act which results in additional permanent disability so that the degree of disability caused by the combination of both disabi…

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…

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…

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 modi…

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 p…

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 mathemati…

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 r…

The Commission has exclusive jurisdiction to enforce and enter judgment confirming, vacating, correcting or modifying an award under this act. Added by Laws 2013, c. 208, § 147, eff. Feb. 1, 2014.

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 …

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, …

A. The right to claim compensation for benefits from the Multiple Injury Trust Fund shall be forever barred unless a Notice of Claim, on a form prescribed by the Workers' Compensation Commission, shall be filed with the Commission within one (1) year of the date of the last order…

A. The MITF Director shall be charged with the administration and protection of the Multiple Injury Trust Fund and shall be notified by the Workers' Compensation Commission of all proceedings which may affect such fund. B. The MITF Director shall have authority to conduct all bus…

A. 1. Every employer shall secure compensation as provided under this act to its employees for compensable injuries without regard to fault. 2. There shall be no liability for compensation under this act where the injury or death was substantially occasioned by the willful intent…

A court reporter employed by or contracted by the Workers' Compensation Commission shall be authorized to stenographically report both joint petition settlements and compromise settlements in the Workers' Compensation Court of Existing Claims. A court reporter employed by or cont…

A. If a subcontractor fails to secure compensation required by the Administrative Workers' Compensation Act, the prime contractor shall be liable for compensation to the employees of the subcontractor unless there is an intermediate subcontractor who has workers' compensation cov…

A. Any employer engaging in any exempted or excepted employment may at any time waive the exemptions or exceptions as to any employee or all employees engaged in the employment as the employer may elect by giving notice of waiver of the exemptions or exceptions as provided in sub…

A. An employer shall secure compensation to employees under this act in one of the following ways: 1. By insuring and keeping insured the payment of compensation with any stock corporation, mutual association, or other concerns authorized to transact the business of workers' comp…

A. In order that the liability for compensation may be effectively administered, the employer's carrier may discharge the obligations and duties of the employer under this act if the employer is not a self-insurer. B. For the purpose of an employer's carrier discharging the oblig…

A. If any part of this act be decided by the courts to be unconstitutional or invalid, the same shall not affect the validity of this act as a whole, or any part thereof other than the part so decided to be unconstitutional or invalid. B. If the adjudication of unconstitutionalit…

Penalties. A. 1. Any employer who fails to secure compensation required under the Administrative Workers' Compensation Act, upon conviction, shall be guilty of a misdemeanor and subject to a fine of up to Ten Thousand Dollars ($10,000.00) to be deposited in the Workers' Compensat…

A. The Workers’ Compensation Court of Existing Claims (CEC) shall have exclusive jurisdiction over all disputes relating to claims that arise before February 1, 2014. B. Effective July 1, 2024, the Workers’ Compensation Court of Existing Claims shall consist of one judge to be ap…

Compensation Court of Existing Claims. All monies received by the Workers’ Compensation Court of Existing Claims (CEC) from all filing fees, fees related to the preparation of appeals from the CEC, records search fees, and penalties and fines imposed by the CEC trial judge and co…

Administrative Fund (CECAF). There is hereby created in the State Treasury a revolving fund for the Workers’ Compensation Court of Existing Claims (CEC) to be designated the “Workers’ Compensation Court of Existing Claims Administrative Fund (CECAF)”. The fund shall be a continui…

A. Every employer who has secured compensation under the provisions of this act shall keep posted in a conspicuous place in and about the employer's place of business typewritten or printed notices in accordance with a form prescribed by the Commission. The notices shall state th…

A. Contents. Every policy or contract of insurance issued by a carrier to an employer to secure the payment of compensation under the Administrative Workers’ Compensation Act shall contain: 1. a. Provisions that identify the insured employer and either identify each covered emplo…

A. Liability Unaffected. 1. a. The making of a claim for compensation against any employer or carrier for the injury or death of an employee shall not affect the right of the employee, or his or her dependents, to make a claim or maintain an action in court against any third part…