§85A-105. Compensation Commission and Self-insurance Guaranty Fund

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

employees as witnesses - Solicitation of employment - Ex-parte communication.

A. No employee of the Workers' Compensation Commission shall be competent to testify on any matter concerning any information the employee has received through the performance of the employee's duties under the provisions of the Administrative Workers' Compensation Act; provided, however, such provision shall not be construed to prohibit testimony by an attorney of the Compliance Division of the Commission or an investigator of the Division called to provide testimony by the attorney.

B. The commissioners and employees of the Commission shall not solicit employment for any attorney or physician nor shall they recommend or refer any claimant or employer to an attorney or physician. If any employee of the Commission makes such a

solicitation, recommendation or reference, that person, upon conviction, shall be guilty of a misdemeanor punishable, for each offense, by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail not to exceed one

(1)year, or by both such fine and imprisonment. The Commission shall immediately terminate the employment of any employee who is guilty of such solicitation, recommendation or reference. A commissioner guilty of such solicitation, recommendation or reference shall be subject to removal from office.

C. No administrative law judge shall engage in any ex parte communication with any party to an action pending before the Commission or with any witness or medical provider regarding the merits of a specific matter pending before the judge for resolution. Any violation of this provision shall subject the judge to disqualification from the action or matter upon presentation of an application for disqualification. Added by Laws 2013, c. 208, § 105, eff. Feb. 1, 2014. Amended by Laws 2021, c. 583, § 3, emerg. eff. May 28, 2021.