§ 85A-210. Compliance with federal law - Damages - Attorney fees.

A.  A qualified employer or its insurers or other payment sources shall be responsible for:

1.  Compliance with any applicable federal law regarding the administration of the plan and claims for benefits under such plan;

2.  Any damage awarded against the qualified employer for intentional tort under Section 116 of this act, including any pre- and post-judgment interest on the award and reasonable court costs as may be lawfully awarded in the action; and

3.  Reasonable attorney fees awarded against a qualified employer under Section 116 of this act; provided, however, that an employee's attorney fees that are contingent on a recovery under the terms of the benefit plan shall be payable by a qualified employer as part of and not in addition to such recovery.  An award of attorney fees in favor of a covered employee against a qualified employer on a claim for intentional tort, excluding death, shall be limited to no more than twenty percent (20%) of any lost earnings awarded to the covered employee or his or her spouse, personal representative, parents, or dependents of the covered employee under the benefit plan and such award.  Nothing in this paragraph shall be construed to restrict an award of fees and costs made under federal law.

B.  An employer who is not a qualified employer shall comply with the provisions of the Administrative Workers' Compensation Act.

Added by Laws 2013, c. 208, § 117, eff. Feb. 1, 2014.