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.
N.D.C.C. § 65-10-03