# Title 65 — Workforce Safety and Insurance

## 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 if the employee prevails as provided under section 65-02-08. The
maximum fee set by the organization may be exceeded upon application of the injured
employee to the organization, upon a finding the claim had clear and substantial merit, and the
legal or factual issues involved in the appeal were unusually complex, but a court may not order
that the maximum fee be exceeded.
