A. On an application and motion to the court by a party to an arbitration proceeding, the Workers' Compensation Commission shall vacate an award made in the arbitration proceeding if:
1. The award was procured by corruption, fraud, or other undue means;
2. There was:
a.evident partiality by an arbitrator appointed as a neutral arbitrator,
b.corruption by an arbitrator, or
c.misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;
3. An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to Section 315 of this title, so as to prejudice substantially the rights of a party to the arbitration proceeding;
4. An arbitrator exceeded his or her powers under this act;
5. The arbitration was conducted without proper notice of the initiation of an arbitration as required in Section 309 of this title so as to prejudice substantially the rights of a party to the arbitration proceeding; or
6. It is determined that an arbitrator did not disclose a conflict under Section 312 of this title.
B. An application and motion under this section shall be filed within thirty (30) days after the movant receives notice of the award or within thirty (30) days after the movant receives notice of a modified or corrected award, unless the movant alleges that the award was procured by corruption, fraud, or other undue means, in which case the motion shall be made within ninety (90) days after the ground is known or by the exercise of reasonable care would have been known by the movant.
C. If the Commission vacates an award it may order a rehearing. If the award is vacated on a ground stated in paragraph 1, 2 or 6 of subsection A of this section, the rehearing shall be before a new arbitrator. If the award is vacated on a ground stated in paragraph 3, 4 or 5 of subsection A of this section, the rehearing may be before the arbitrator who made the award or the arbitrator's successor. The arbitrator shall render the decision in the rehearing within the same time as that provided in subsection B of Section 319 of this title for an award.
D. If the Commission denies a motion to vacate an award, it shall confirm the award unless a motion to modify or correct the award is pending.
Added by Laws 2013, c. 208, § 144, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 54, emerg. eff. May 28, 2019.
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