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ND SB2048

Bill

Status

Passed

3/9/2017

Primary Sponsor

Legislative Management

Click for details

Origin

Senate

65th Legislative Assembly

AI Summary

  • Amends North Dakota Century Code sections 65-02-08 and 65-10-03 to clarify when workers' compensation attorney's fees and costs must be paid by the workers' compensation organization.

  • Establishes that attorney's fees may not exceed 20 percent of the amount awarded, subject to a maximum fee set by administrative rule, except for initial compensability determinations.

  • Requires the organization to pay attorney's fees and costs when an injured employee prevails in binding dispute resolution, administrative hearing, or district or supreme court proceedings, with payment made at the time of prevailing.

  • Specifies that an injured employee only prevails when an additional benefit previously denied is paid, and clarifies that prevailing at one appellate level entitles employee to fees even if the organization prevails on a subsequent appeal.

  • Applies the amendments to administrative and judicial appeal decisions issued on or after the effective date of the Act.

Legislative Description

Workers' compensation attorney's fees and costs; and to provide for application.

Last Action

Signed by Governor 03/09

3/9/2017

Committee Referrals

Industry, Business, and Labor1/3/2017

Full Bill Text

No bill text available