§ 85A-321 — Benefits - Attorney fees.

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. C. As to all remedies other than those authorized by subsections A and B of this section, an arbitrator may order such remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding. The fact that such a remedy could not or would not be granted by the Workers' Compensation Commission is not a ground for refusing to confirm an award under Section 322 of this title or for vacating an award under Section 323 of this title. D. An arbitrator's expenses and fees, together with other expenses, shall be paid by the employer. E. If an arbitrator awards relief under subsection A of this section, the arbitrator shall specify in the award the basis in fact justifying and the basis in law authorizing the award.

Legislative History

Added by Laws 2013, c. 208, § 142, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 52, emerg. eff. May 28, 2019.