§ 65-02-27 — Decision review office

The organization's decision review office is established. The decision review office is
independent of the claims department of the organization and activities administered through
the office must be administered in accordance with this title. The decision review office shall
provide assistance to an injured employee who has filed a claim, which may include acting on
behalf of an injured employee who is aggrieved by a decision of the organization,
communicating with organization staff regarding claim dispute resolution, and informing an
injured employee of the effect of decisions made by the organization, an injured employee, or
an employer under this title. The organization shall employ a director of the decision review
office and other personnel determined to be necessary for the administration of the office. An
individual employed to administer the decision review office may not act as an attorney for an
injured employee. The organization may not pay attorney's fees to an attorney who represents
an injured employee in a disputed claim before the organization unless the injured employee
has first attempted to resolve the dispute through the decision review office. A written request for
assistance by an injured employee who contacts the decision review office within the period for
requesting a hearing on an administrative order tolls the time period for requesting a hearing on
that order. The period begins upon notice to the injured employee, issued by regular mail or
electronic means, that the decision review office's assistance to the injured employee is
completed. The information contained in a file established by the decision review office on an
injured employee's disputed claim, including communications from an injured employee, is
privileged and may not be released without the injured employee's permission. Information in
the file containing the notes or mental impressions of decision review office staff is confidential
and may not be released by the decision review office.