2016 North Dakota Century Code Title 65 Workforce Safety and Insurance Chapter 65-10 Appeals
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CHAPTER 65-10
APPEALS
65-10-01. Appeal from decision of organization.
If the final action of the organization denies the right of the claimant to participate at all in
the fund on the ground that the injury was self-inflicted, or on the ground that the accident did
not arise in the course of employment, or upon any other ground going to the basis of the claim,
or if the organization allows the claimant to participate in the fund to a lesser degree than that
claimed by the claimant, if such allowance is less than the maximum allowance provided by this
title, the claimant may appeal to the district court of the county wherein the injury was inflicted or
of the county in which the claimant resides. An employer may also appeal a decision of the
organization in any injury case or an organization decision issued under chapter 65-04, in the
manner prescribed in this section. An appeal involving injuries allegedly covered by insurance
provided under contracts with extraterritorial coverage shall be triable in the district court of
Burleigh County. Any appeal under this section shall be taken in the manner provided in chapter
28-32. Any appeal to the district court shall be heard on the record, transmitted from the
organization, and, in the discretion of the court, additional evidence may be presented
pertaining to the questions of law involved in the appeal.
65-10-02. Determination by court - Judgment paid by organization.
On appeal, the court shall determine the right of the claimant. If it determines the right in the
claimant's favor, it shall fix the claimant's compensation within the limits prescribed in this title,
and any final judgment so obtained shall be paid by the organization out of the fund in the same
manner as awards are paid.
65-10-03. Cost of appeal and attorney's fees fixed by the organization.
The organization shall pay the cost of the judicial appeal and the attorney's fees for an
injured employee's attorney when the employee prevails. The employee has prevailed when any
part of the decision of the organization is reversed and the employee receives an additional
benefit as a result. An injured employee does not prevail on a remand for further action or
proceedings unless the injured employee ultimately receives an additional benefit. The
organization shall pay the attorney's fees from the organization's general fund. The amount of
the attorney's fees must be determined in the same manner as prescribed by the organization
for attorney's fees, and the amount of attorney's fees already allowed in administrative
proceedings before the organization must be taken into consideration. The organization shall
establish, pursuant to section 65-02-08, a maximum fee to be paid in an appeal. The maximum
fee may be exceeded upon application of the injured employee to the organization, upon a
finding that the claim had clear and substantial merit, and that the legal or factual issues
involved in the appeal were unusually complex, but a court may not order that the maximum fee
be exceeded. Notwithstanding the foregoing, the organization is liable for its costs on appeal if
the decision of the organization is affirmed.
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