§ 28-35-17.1 - Assessment of costs of delay.
SECTION 28-35-17.1
§ 28-35-17.1 Assessment of costs of delay.– (a) With respect to any delay or continuance of any matter or proceeding beforethe workers' compensation court, the court shall have the discretion todetermine whether the delay or continuance was due to action or inaction,without just cause, on the part of an employer, employee, insurance carrier, orattorney or other representative of an employer, employee, or insurance carrier.
(b) Upon determination of the responsibility for any delay orcontinuance, the court shall have the authority to assess all direct costs orexpenses incurred by any party or by the court as a result of the delay orcontinuance, or an appropriate penalty, including reasonable attorney's fees,upon the responsible employer, employee, insurance carrier, or attorney orother representative. All costs, expenses, reasonable attorney's fees, and/orpenalties so assessed upon any delaying person or entity shall be disbursed asjustice requires pursuant to the discretion of the court except attorney'sfees, which shall be paid to the attorney for the non-delaying party.
(c) The workers' compensation court shall, pursuant to §28-30-12, promulgate rules and regulations to enforce this section.