N.D. Cent. Code § 65-02-21.2 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-21.2
65-02-21.2. Ambulance services classifications
Status: in_force

65-02-21.2. Ambulance services classifications

For purposes of classifying ambulance services for benefits provided under this title, the

classifications established under section 50-24.1-16 apply.
N.D. Cent. Code § 65-04-27.2 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-27.2
65-04-27.2. Cease and desist order - Civil penalty
Status: in_force

65-04-27.2. Cease and desist order - Civil penalty

1. If it appears to the organization an employer is without workers compensation

coverage, is in an uninsured status in violation of this title, or knowingly conducts

business with an uninsured employer, the director by registered mail may issue to the

employer an order to cease and desist and a notice of opportunity for hearing. Within

forty-five days from the date of service of the order, a party to the order may make a

written request for a hearing. If a hearing is not requested, the order is final and may

not be appealed. If a hearing is requested, the hearing must be conducted in

accordance with chapter 28-32 to the extent that chapter does not conflict with this

section and the order remains in effect until the hearing officer renders a decision. If an

employer fails to appear at a hearing requested under this section, that employer

defaults and the allegations contained in the cease and desist order are deemed true.

2. In addition to the penalties in section 65-04-33, a person that employs an individual in

violation of a cease and desist order issued under this section is subject to a penalty of

ten thousand dollars and to a penalty of one hundred dollars per day for each day the

violation continues. The organization may reduce the penalties under this section.

3. A general contractor or a subcontractor that knowingly uses the services of a

subcontractor precluded from operating under a cease and desist order, or an

employer conducting business with an uninsured employer precluded from operating

under a cease and desist order, is subject to a penalty of five thousand dollars and

one hundred dollars per day for each day the violation occurs. The organization shall

provide notice to the general contractor or subcontractor by regular mail before

assessing penalties under this section. The organization may reduce the penalties

under this section.
N.D. Cent. Code § 65-05-01.1 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-01.1
65-05-01.1. Pneumoconiosis claims - Rules - Agreements
Status: in_force

65-05-01.1. Pneumoconiosis claims - Rules - Agreements

The organization shall provide such additional coverage, allow such additional time for

claims to be filed, and pay such additional compensation and other benefits in excess of the

coverage, filing time, and benefits otherwise provided in this title, as may be required by the

Federal Coal Mine Health and Safety Act of 1969 and amendments thereto, for any coal miner,

coal miner's surviving spouse, or dependents who, due to the disability or death of such coal

miner as the result of pneumoconiosis, would be entitled to claim benefits under such federal

Act; provided, however, that such claim is first filed with the federal agency designated in the

federal Act and adjudicated and found compensable by them; and provided that such

pneumoconiosis was contracted or aggravated as the result of employment as a coal miner in

the state of North Dakota. The organization shall adopt such reasonable rules and enter into

such agreements necessary to comply with section 421 of said federal Act.
N.D. Cent. Code § 65-02-03 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-03
65-02-03. Organization - Quorum - Effect of vacancy - Vacancies which must be filled within thirty days
Status: repealed

65-02-03. Organization - Quorum - Effect of vacancy - Vacancies which must be filled

within thirty days.

Repealed by S.L. 1989, ch. 295, § 21.
N.D. Cent. Code § 65-04-07 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-07
65-04-07. County superintendents of schools to report school district clerks to organization
Status: repealed

65-04-07. County superintendents of schools to report school district clerks to

organization.

Repealed by S.L. 1995, ch. 176, § 2.
N.D. Cent. Code § 65-05-08.3 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-08.3
65-05-08.3. Treating health care provider's opinion
Status: in_force

65-05-08.3. Treating health care provider's opinion

1. A presumption may not be established in favor of any health care provider's opinion.

The organization shall resolve conflicting medical opinions and in doing so the

organization shall consider the following factors:

a. The length of the treatment relationship and the frequency of examinations;

b. The nature and extent of the treatment relationship;

c. The amount of relevant evidence in support of the opinion;

d. How consistent the opinion is with the record as a whole;

e. Appearance of bias;

f. Whether the health care provider specializes in the medical issues related to the

opinion; and

g. Other relevant factors.

2. This section does not apply to managed care programs under section 65-02-20. For

purposes of this section, the organization shall determine whether a health care

provider is an injured employee's treating health care provider.
N.D. Cent. Code § 65-05-28.1 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-28.1
65-05-28.1. Employer to select preferred provider
Status: in_force

65-05-28.1. Employer to select preferred provider

Notwithstanding section 65-05-28, any employer subject to this title may select a preferred

provider to render medical treatment to employees who sustain compensable injuries.

"Preferred provider" means a designated provider or group of providers of medical services,

including consultations or referral by the provider or providers.
N.D. Cent. Code § 65-05-07 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-07
65-05-07. Injured employee given medical and hospital service required - Furnished artificial limbs and appliances for rehabilitation - Fee approval
Status: in_force

65-05-07. Injured employee given medical and hospital service required - Furnished

artificial limbs and appliances for rehabilitation - Fee approval.

The fund shall furnish to an injured employee reasonable and appropriate medical, surgical,

and hospital service and supplies necessary to treat a compensable injury. The fund may furnish

artificial members and replacements the organization determines necessary to rehabilitate an

injured employee.

1. The allied health care professional must be acting within the scope of the allied health

care professional's license or fees will be denied.

2. Fees may not be approved for more than one allied health care professional in a case

in which treatment is provided over the same period of time except for the services of

a consulting doctor, assistant surgeon, or anesthetist or in an emergency.

3. The organization, in cooperation with professional organizations of allied health care

professionals, shall establish a system of peer review to determine reasonableness of

fees and payment denials for unjustified treatments, hospitalization, or visits. The allied

health care professional may appeal adverse decisions of the organization in

accordance with the medical aid rules adopted by the organization.

4. An allied health care professional may not bill an injured employee for a service

rendered as a result of the compensable work injury.

5. Under this section, the organization may modify real estate and may provide for

adaptations and modifications to motor vehicles as follows:

a. Except as provided in subdivision c, in the case of an injured employee who

sustained a catastrophic injury, as defined in chapter 65-05.1, the organization

may pay an amount not to exceed one hundred fifty thousand dollars to provide

permanent additions, remodeling, or adaptations to real estate it determines

necessary. The dollar limit is for the life of the injured employee, regardless of any

subsequent claim. This subdivision does not allow the organization to purchase

any real estate.

b. Except as provided in subdivision c, in the case of an injured employee who

sustained a catastrophic injury, as defined in chapter 65-05.1, the organization

may pay an amount not to exceed two hundred thousand dollars to provide the

most cost-effective, specially equipped motor vehicle or vehicle adaptations the

organization determines medically necessary. The organization may establish

factors to be used in determining whether a specially equipped motor vehicle or

adaptation is necessary. Under this subdivision, the organization may not pay for

insurance of or maintenance of the motor vehicle. Within the dollar limit and

under this subdivision, the organization may pay for vehicle or adaptation

replacement purchases. The dollar limit is for the life of the injured employee,

regardless of any subsequent claim.

c. In the case of an injured employee who has not sustained a catastrophic injury,

as defined in chapter 65-05.1, the organization may provide the benefits under

subdivisions a and b if the organization determines the benefits would be cost-

effective and appropriate because of exceptional circumstances as determined by

the organization.

6. If an allied health care professional who has treated or provided services to an injured

employee fails or refuses without just cause to file with the organization a report

required by section 65-05-02, 65-05-08, or 65-05-08.1, within thirty days of

examination, treatment, or provision of other services rendered in connection with a

compensable work injury, or within thirty days of a request for the report made by the

claimant, the claimant's representative, or the organization, the organization shall

assess as a penalty a sum of one hundred dollars. Health care providers and allied

health care professionals may not bill an injured worker for a penalty assessed by the

organization under this subsection.

7. The filing of an accident report or the rendering of treatment to an injured worker who

comes under the organization's jurisdiction constitutes acceptance of the

organization's medical aid rules and compliance with the organization's rules and fees.

8. The organization may not pay for:

a. Personal items for the injured employee's personal use or hygiene, including

toothbrushes, slippers, shampoo, and soap.

b. A product or item including clothing or footwear unless the items are considered

orthopedic devices and are prescribed by the treating allied health care

professional.

c. Furniture except hospital beds, shower stools, wheelchairs, or whirlpools if

prescribed by the treating allied health care professional.

d. Vitamins and food supplements except in those cases in which the injury causes

severe dietary problems, the injury results in the employee's paraplegia or

quadriplegia, or the employee becomes wheelchair-bound due to the injury.

e. Eye examinations unless there is a reasonable potential for injury to the

employee's eyes as a result of the injury.

f. Private hospital or nursing home rooms except in cases of extreme medical

necessity and only when directed by the attending doctor. If the employee desires

better accommodations than those ordered by the attending doctor, the employee

will pay the difference in cost.

g. Serological tests, including VDRL and RPR, or other tests for venereal disease or

pregnancy, or any other routine tests unless clearly necessitated by the injury.

h. Aids or programs primarily intended to help the employee lose weight or stop

smoking unless ordered by the organization.

i. Home gymnasium or exercise equipment unless ordered by the organization.

j. Memberships or monthly dues to health clubs, unless ordered by the

organization.

k. Massage, unless ordered by the organization.

l. Medical marijuana.
N.D. Cent. Code § 65-05-28.2 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-28.2
65-05-28.2. Preferred provider - Use required - Exceptions - Notice
Status: in_force

65-05-28.2. Preferred provider - Use required - Exceptions - Notice

1. During the first thirty days after a work injury, an employee of an employer that has

selected a preferred provider under this section may seek medical treatment only from

the preferred provider for the injury. Treatment by a provider other than the preferred

provider is not compensable and the organization may not pay for treatment by a

provider who is not a preferred provider, unless a referral was made by the preferred

provider. A provider who is not a preferred provider may not certify disability or render

an opinion about any matter pertaining to the injury, including causation,

compensability, impairment, or disability. This section does not apply to emergency

care nor to any care the employee reasonably did not know was related to a work

injury.

2. An employee of an employer that has selected a preferred provider may elect to be

treated by a different provider provided the employee makes the election and notifies

the employer in writing before the occurrence of an injury.

3. After thirty days have passed following the injury, the employee may make a written

request to the organization to change providers. The employee shall make the request

and serve it on the employer and the organization at least thirty days before treatment

by the provider. The employee shall state the reasons for the request and the

employee's choice of provider.

4. If the employer objects to the provider selected by the employee under subsection 2 or

3, the employer may file an objection to the change of provider. The employer shall

detail in the objection the grounds for the objection and shall serve the objection on the

employee and the organization within five days of service of the request. The

employee may serve, within five days of service of the employer's objection, a written

response on the employer and the organization in support of the request for change of

provider. Within fifteen days after receipt of the response or of the expiration of the

time for filing the response, the organization shall rule on the request. Failure of the

organization to rule constitutes approval of the request. Treatment by the employee's

chosen provider is not compensable until the organization approves the request. The

preferred provider remains the treating provider until the organization approves the

employee's request to change providers.

5. An employer that selects a preferred provider shall give notice and post notice as

required under this subsection.

a. An employer shall give written notice of the identity and the terms of the preferred

provider program:

(1) To the employer's employees when the employer makes an initial selection

of a preferred provider.

(2) To the employer's employees when the employer changes the selection of

the preferred provider.

(3) To an employee at the time of hire.

(4) To the employer's employees at least annually after the initial notice.

b. An employer that has selected a preferred provider shall display notice of the

identity of the preferred provider and the terms of the preferred provider program

in a conspicuous manner at fixed worksites, and wherever feasible at mobile

worksites, and in a sufficient number of places to reasonably inform employees of

the identity of the preferred provider and of the terms of the preferred provider

program.

c. Failure to give written notice, to properly post notice, or to reasonably inform

employees of the terms of the preferred provider program as required under this

subsection invalidates the selection for the employee's claim.
N.D. Cent. Code § 65-04-21 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-21
65-04-21. Utilization of public funds for payment of premiums due the fund
Status: in_force

65-04-21. Utilization of public funds for payment of premiums due the fund

The state of North Dakota or any municipality thereof, whenever necessary, may use any

funds of the state or municipality, as the case may be, except such funds as are raised by

special levies, for the payment of premiums due the fund for insurance upon employees of such

state or municipality. If there are no funds on hand with which the premium payments may be

made, the state or a municipality thereof may issue special warrants against its general fund for

the payment of such premiums, and such warrants shall be paid in their order the same as any

other warrants of the state or municipality.
N.D. Cent. Code § 65-08.1-02 — ND Code / Title 65 / Chapter 65-08.1 / Section 65-08.1-02
65-08.1-02. Workforce safety and insurance additional coverages
Status: in_force

65-08.1-02. Workforce safety and insurance additional coverages

The organization may establish a casualty insurance organization, organized as a stock or

mutual company, a risk pool, a reciprocal exchange, a risk retention or purchasing group, or a

reinsurer with the limited purpose of offering extraterritorial workforce safety and insurance

coverage or other states insurance. The casualty insurance organization may be established

only upon the director's determination that the organization is needed to provide sufficient

workforce safety and insurance coverage for the employees and employers of this state and

upon the approval of the legislative assembly or the budget section if the legislative assembly is

not in session. Any request considered by the budget section must comply with section
N.D. Cent. Code § 65-01-04 — ND Code / Title 65 / Chapter 65-01 / Section 65-01-04
65-01-04. Computation of weekly wages in compensation matters
Status: repealed

65-01-04. Computation of weekly wages in compensation matters

Repealed by S.L. 1969, ch. 558, § 6.
N.D. Cent. Code § 65-04-31 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-31
65-04-31. Investment of fund
Status: in_force

65-04-31. Investment of fund

Investment of the fund must be under the supervision of the state investment board in

accordance with chapter 21-10. For purposes of this section, the director is the official signatory

for the organization on any check, document, or other legal instrument relating to or resulting

from the investment of organization funds.
N.D. Cent. Code § 65-05-01.2 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-01.2
65-05-01.2. Notice to employer
Status: in_force

65-05-01.2. Notice to employer

When an employee is involved in an accident while on the job, the employee shall take

steps immediately to notify the employer that the accident occurred and what is the general

nature of the injury to the employee, if apparent. Notice may be either oral or written. The notice

must be given to the employee's immediate supervisor or another supervisor authorized to

receive notice. Absent good cause, notice may not be given later than seven days after the

accident occurred or the general nature of the employee's injury became apparent.
N.D. Cent. Code § 65-04-01 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-01
65-04-01. Classification of employments - Premium rates - Requirements
Status: in_force

65-04-01. Classification of employments - Premium rates - Requirements

1. The organization shall classify employments with respect to their degrees of hazard,

determine the risks of different classifications, and fix the rate of premium for each of

the classifications sufficiently high to provide for:

a. The payment of the expenses of administration of the organization;

b. The payment of compensation according to the provisions and schedules

contained in this title; and

c. The maintenance by the fund of adequate reserves and surplus to the end that it

may be kept at all times in an entirely solvent condition.

2. In the exercise of the powers and discretion conferred upon it, the organization shall fix

and maintain for each class of occupation, the lowest rate which still will enable it to

comply with the other provisions of this section.

3. The organization shall establish premium rates annually on an actuarial basis. The

statewide average premium rate level may not deviate by more than five percentage

points from the recommended actuarial indicated premium level for that year.

4. Before the effective date of any premium rate change, including a change in the

minimum premium, the organization shall hold a public hearing on the rate change.

Chapter 28-32 does not apply to a hearing held by the organization under this

subsection.
N.D. Cent. Code § 65-05-08.2 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-08.2
65-05-08.2. Preacceptance disability benefits
Status: in_force

65-05-08.2. Preacceptance disability benefits

If, after receiving a claim for benefits, the organization determines that more information is

needed to process the claim, but that the information in the file indicates the injured employee is

more likely than not entitled to disability benefits, the organization may pay preacceptance

disability benefits equal to the weekly disability benefit allowed under section 65-05-09. The

organization may continue to pay preacceptance disability benefits to the employee during the

period the claim is pending, unless the injured employee is not cooperating with requests from

the organization for additional information needed to process the claim. The organization may

not pay more than sixty days of preacceptance benefits. The organization may only recover a

payment made to an injured employee under this section if that recovery is allowed under

section 65-05-33. There is no appeal from an organization decision not to pay preacceptance

disability benefits.
N.D. Cent. Code § 65-02-01 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-01
65-02-01. Workforce safety and insurance - Director - Division directors
Status: in_force

65-02-01. Workforce safety and insurance - Director - Division directors

The organization must be maintained for the administration of this title. The director may

appoint the director of any division established by the director. The appointment of a division

director must be on a nonpartisan, merit basis.
N.D. Cent. Code § 65-07-02 — ND Code / Title 65 / Chapter 65-07 / Section 65-07-02
65-07-02. Organization may refuse to contract for coverage
Status: in_force

65-07-02. Organization may refuse to contract for coverage

The organization, on receipt of an application for insurance, shall determine whether the

applicant is a good insurance risk and may deny such special contract if the organization

determines it is in the best interests of the organization to do so.
N.D. Cent. Code § 65-02-20 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-20
65-02-20. Organization to establish managed care program
Status: in_force

65-02-20. Organization to establish managed care program

The organization shall establish a managed care program, including utilization review and

bill review, to effect the best medical solution for an injured employee in a cost-effective manner

upon a finding by the organization that the employee suffered a compensable injury. The

program shall operate according to guidelines adopted by the organization and shall provide for

medical management of claims within the bounds of workforce safety and insurance law.

Information compiled and analysis performed pursuant to a managed care program which relate

to patterns of treatment, cost, or outcomes by health care providers and allied health care

professionals are confidential and are not open to public inspection to the extent the information

and analysis identify a specific health care provider or allied health care professional, except to

the specific health care provider, allied health care professional, organization employees, or

persons rendering assistance to the organization in the administration of this title. If an

employee, employer, or allied health care professional disputes a managed care decision, the

employee, employer, or allied health care professional shall request binding dispute resolution

on the decision. The organization shall make rules providing for the procedures for dispute

resolution. Dispute resolution under this section is not subject to chapter 28-32 or section
N.D. Cent. Code § 65-05-06 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-06
65-05-06. Payment of compensation in lieu of claim for relief against employer
Status: in_force

65-05-06. Payment of compensation in lieu of claim for relief against employer

The payment of compensation or other benefits by the organization to an injured employee,

or to the injured employee's dependents in case death has ensued, are in lieu of any and all

claims for relief whatsoever against the employer of the injured or deceased employee.
N.D. Cent. Code § 65-04-04.4 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-04.4
65-04-04.4. Medical expense assessments
Status: in_force

65-04-04.4. Medical expense assessments

The employer shall reimburse the organization for all medical expenses related to a

compensable injury to an employee if the expenses do not exceed two hundred fifty dollars and

shall reimburse the organization for the first two hundred fifty dollars of medical expenses when

the expenses exceed two hundred fifty dollars. If a claim for benefits is filed with the

organization by midnight central time on the first business day following the workplace injury, the

organization shall pay the first two hundred fifty dollars of medical expenses. A claim is filed by

submitting a form furnished by the organization or by another method designated by the

organization. If a claim for benefits is filed with the organization more than fourteen days from

the date the employer received notice of the workplace injury from the employee, the employer

shall reimburse the organization for the first three hundred fifty dollars of medical expenses if

the expenses exceed three hundred fifty dollars. If the organization determines the claim is

compensable, the organization shall pay the medical expenses associated with the claim and

notify the employer of payments to be made by the employer under this section. If the employer

does not pay the organization within thirty days of notice by the organization, the organization

may impose a penalty on that employer. The penalty may not exceed one hundred twenty-five

percent of the payment owed by the employer. The organization shall collect the penalty in a

civil action against the employer and deposit the money in the fund. An employer may not

directly or indirectly charge an injured employee for any payment the employer makes on a

claim. Except as otherwise provided, if the cost of an injured employee's medical treatment

exceeds two hundred fifty dollars, the organization shall pay all further medical expenses. This

section is effective for all compensable injuries that occur after July 31, 1995. This section does

not apply to compensable injuries paid under sections 65-06.2-04 and 65-06.2-08.
N.D. Cent. Code § 65-06.2-03 — ND Code / Title 65 / Chapter 65-06.2 / Section 65-06.2-03
65-06.2-03. Workers' compensation coverage of inmates
Status: in_force

65-06.2-03. Workers' compensation coverage of inmates

Any county or city, by resolution of the governing body, may elect to cover its inmates with

workforce safety and insurance benefits in accordance with this chapter. Any county or city that

makes this election is not liable to respond in damages at common law or by statute for injuries

to or the death of any inmate whenever the provisions of this chapter have been met and the

premiums as set by the organization are not in default.
N.D. Cent. Code § 65-05-38 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-38
65-05-38. Death of permanently and totally disabled employee - Surviving spouse
Status: in_force

65-05-38. Death of permanently and totally disabled employee - Surviving spouse

In the case of the death of an injured employee who is receiving permanent total disability

benefits, or additional benefits payable, if the injured employee was permanently and totally

disabled for at least ten years and was married to the surviving spouse for at least ten years, the

decedent's surviving spouse is eligible to receive no more than six months of the decedent's

permanent total disability benefits, supplementary benefits, and additional benefits payable in

the same manner as the deceased spouse would have been entitled to receive the benefits. A

surviving spouse is eligible for benefits under this section if the organization approved the

decedent for home health care services and reimbursed the surviving spouse for providing the

home health care services. The surviving spouse is not eligible for benefits under this section if

the surviving spouse is eligible for benefits under section 65-05-16. The eligibility of the

surviving spouse to receive benefits under this section terminates upon the remarriage of the

surviving spouse.
N.D. Cent. Code § 65-05.1-06.1 — ND Code / Title 65 / Chapter 65-05.1 / Section 65-05.1-06.1
65-05.1-06.1. Rehabilitation award
Status: in_force

65-05.1-06.1. Rehabilitation award

1. Within sixty days of receiving the final vocational report, the organization shall issue a

notice of decision under section 65-01-16 detailing the employee's entitlement to

disability and vocational rehabilitation services.

2. If the appropriate priority option is short-term or long-term training, the vocational

rehabilitation award must be within the following terms:

a. For the employee's lost time, and in lieu of further disability benefits, the

organization shall award a rehabilitation allowance. The rehabilitation allowance

must be limited to the amount and purpose specified in the award, and must be

equal to the disability and dependent benefits the employee was receiving, or

was entitled to receive, prior to the award.

b. The rehabilitation allowance must include, as chosen by the employee, an

additional thirty percent of the rehabilitation allowance for expenses associated

with maintaining a second domicile or for travel associated with attendance at a

school or training institution when it is necessary for the employee to travel at

least twenty-five miles [40.23 kilometers] one way. Travel must be calculated from

the employee's residence to the school or training institution. If it is necessary for

an employee to travel less than twenty-five miles one way to a school or training

institution, the employee may qualify for an additional rehabilitation allowance as

determined in accordance with the following schedule:

Percentage increase in

Round-trip mileage rehabilitation allowance

Under 10 miles 0

10 to 30 miles 10

31 to 49 miles 20

Travel must be calculated from the employee's residence to the school or training

institution.

c. The rehabilitation allowance must be limited to one hundred four weeks except in

cases of catastrophic injury, in which case additional rehabilitation benefits may

be awarded in the discretion of the organization. Catastrophic injury includes:

(1) Paraplegia; quadriplegia; severe closed head injury; total blindness in both

eyes; or amputation of an arm proximal to the wrist or a leg proximal to the

ankle, caused by the compensable injury, which renders an employee

permanently and totally disabled without further vocational retraining

assistance; or

(2) Those employees the organization so designates, in its sole discretion,

provided that the organization finds the employee to be permanently and

totally disabled without further vocational retraining assistance. There is no

appeal from an organization decision to designate, or fail to designate, an

employee as catastrophically injured under this subsection.

d. Notwithstanding the one hundred four-week limit of subdivision c to facilitate the

completion of a retraining program, the organization may award a rehabilitation

extension allowance that may not exceed twenty weeks.

e. The rehabilitation award must include the cost of books, tuition, fees, and

equipment, tools, or supplies required by the educational institution. The award

may not exceed the cost of attending a public college or university in the state in

which the employee resides, provided an equivalent program exists in the public

college or university.

f. If the employee successfully concludes the rehabilitation program, the

organization may make, in its sole discretion, additional awards for actual

relocation expenses to move the household to the locale where the injured

employee has actually located work.

g. If the employee successfully concludes the rehabilitation program, the

organization may make, in its sole discretion, an additional award, not to exceed

two months' disability benefit, to assist the employee with work search.

h. If the employee successfully concludes the rehabilitation program, the employee

is not eligible for further vocational retraining or total disability benefits unless the

employee establishes a significant change in medical condition attributable to the

work injury which precludes the employee from performing the work for which the

employee was trained, or any other work for which the employee is suited and

has sustained an actual wage loss caused by the significant change in the

compensable medical condition. The organization may waive this section in

cases of catastrophic injury defined by subdivision c.

i. If the employee successfully concludes the rehabilitation program, the employee

remains eligible to receive partial disability benefits, as follows:

(1) Beginning the date at which the employee completes retraining, until the

employee acquires and performs substantial gainful employment, the partial

disability benefit is sixty-six and two-thirds percent of the difference between

the injured employee's average weekly wage, and the employee's

wage-earning capacity after retraining, as measured by the average wage in

the employee's occupation, according to criteria established by job service

North Dakota in its statewide labor market survey, or such other criteria the

organization, in its sole discretion, deems appropriate. The average weekly

wage must be determined on the date the employee completes retraining.

The benefit continues until the employee acquires substantial gainful

employment.

(2) Beginning the date at which the employee acquires substantial gainful

employment, the partial disability benefit is sixty-six and two-thirds percent

of the difference between the injured employee's average weekly wage, and

the injured employee's wage-earning capacity after retraining, as

determined under paragraph 1, or the injured employee's actual wage

earnings after retraining, whichever is higher.

(3) The partial disability benefit payable under paragraphs 1 and 2 may not

exceed the limitation on partial disability benefits contained in section

65-05-10.

(4) The partial disability benefits paid under paragraphs 1 and 2 may not

together exceed one year's duration.

(5) For purposes of paragraphs 1 and 2, "substantial gainful employment"

means full-time bona fide work, for a remuneration, other than make-work.

"Full-time work" means employment for twenty-eight or more hours per

week, on average.

(6) The organization may waive the one-year limit on the duration of partial

disability benefits, in cases of catastrophic injury under subdivision c.

3. If the appropriate priority option is return to the same or modified position, or to a

related position, the organization shall determine whether the employee is eligible to

receive partial disability benefits pursuant to section 65-05-10. In addition, the

organization, when appropriate, shall make an additional award for actual relocation

expenses to move the household to the locale where the injured employee has

actually located work.

4. If the appropriate priority option is subdivision e or f of subsection 4 of section

65-05.1-01 or subsection 6 of section 65-05.1-01, to assist with work search the

organization may award an additional award. The additional award under this

subsection is awarded at the organization's sole discretion and may not exceed an

amount equal to two months of the employee's total disability benefits calculated under

section 65-05-09.
N.D. Cent. Code § 65-05.2-02 — ND Code / Title 65 / Chapter 65-05.2 / Section 65-05.2-02
65-05.2-02. Supplementary benefits - Amount
Status: in_force

65-05.2-02. Supplementary benefits - Amount

1. A claimant whose weekly benefit rate is less than sixty percent of the state's average

weekly wage, who is eligible for supplementary benefits and who is receiving

temporary total disability benefits, permanent total disability benefits, or death benefits

regardless of the date of death, is entitled to receive a weekly supplementary benefit

that, when added to the weekly temporary total disability benefit, permanent total

disability benefit, or death benefit, equals the ratio of that claimant's weekly benefit to

the state's average weekly wage on the date of the claimant's first disability, times the

state's average weekly wage in effect at the date eligibility for supplementary benefits

is achieved. The organization shall determine on an annual basis, for a claimant who

receives a supplementary benefit under this subsection, supplementary benefit

increases equal to a percentage of that claimant's combined weekly benefit. That

percentage is equal to the annual percentage change in the state's average weekly

wage. For purposes of this section, combined weekly benefit means the weekly benefit

for which the claimant is eligible before any applicable social security offset plus the

amount of weekly supplementary benefits for which the claimant is eligible.

2. A claimant whose weekly benefit rate is greater than or equal to sixty percent of the

state's average weekly wage, who is eligible for supplementary benefits and who is

receiving temporary total disability benefits, permanent total disability benefits, or

death benefits regardless of the date of death, is entitled to receive a weekly

supplementary benefit equal to a percentage of that claimant's weekly benefit. That

percentage is equal to the annual percentage change in the state's average weekly

wage. The organization shall determine on an annual basis, for that claimant,

supplementary benefit increases equal to a percentage of that claimant's combined

weekly benefit. That percentage is equal to the annual percentage change in the

state's average weekly wage.

3. An annual recalculation of supplementary benefits may not result in a rate less than

the previous rate. If a claim has been accepted on an aggravation basis under section

65-05-15 and the claimant is eligible for supplementary benefits, the claimant's

supplementary benefit must be proportionally calculated.
N.D. Cent. Code § 65-05.2-03 — ND Code / Title 65 / Chapter 65-05.2 / Section 65-05.2-03
65-05.2-03. Payment of supplementary benefits from the supplementary benefit fund
Status: in_force

65-05.2-03. Payment of supplementary benefits from the supplementary benefit fund

The payment of supplementary benefits to eligible recipients shall be made by the

organization from the supplementary benefit fund. If the supplementary benefit fund is

inadequate to pay the full amount of supplementary benefits to an eligible recipient, the levels of

supplementary benefits shall be prorated for all eligible recipients. The organization shall not be

required to provide a reserve in the fund to pay liability incurred as a result of such

supplementary benefits.
N.D. Cent. Code § 65-05-07.3 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-07.3
65-05-07.3. Medical bills - Electronic acceptance
Status: in_force

65-05-07.3. Medical bills - Electronic acceptance

The organization shall establish guidelines, systems, and procedures for the acceptance of

medical bills and supporting documentation by electronic methods. Health care providers shall

submit medical bills and supporting documentation to the organization by this electronic method

no later than July 1, 2021.
N.D. Cent. Code § 65-02-22.1 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-22.1
65-02-22.1. Appointment of administrative law judges - Hearings
Status: in_force

65-02-22.1. Appointment of administrative law judges - Hearings

Notwithstanding any other provisions of law, workforce safety and insurance shall contract

with the office of administrative hearings for the designation of administrative law judges who

shall conduct evidentiary hearings and issue final findings of fact, conclusions of law, and

orders. Rehearings must be conducted as hearings under chapter 28-32.
N.D. Cent. Code § 65-04-04.5 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-04.5
65-04-04.5. Settlement in discretion of organization
Status: in_force

65-04-04.5. Settlement in discretion of organization

Notwithstanding the other provisions of this chapter, the organization may settle an amount

owed by an employer to resolve a disputed issue at any time and on its own motion or by

application of an employer.
N.D. Cent. Code § 65-02-19 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-19
65-02-19. Organization to contract for administrative services
Status: repealed

65-02-19. Organization to contract for administrative services

Repealed by S.L. 1999, ch. 554, § 4.
N.D. Cent. Code § 65-04-19.4 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-19.4
65-04-19.4. Premium credit - National guard - Armed forces - Veterans - Surviving spouse
Status: in_force

65-04-19.4. Premium credit - National guard - Armed forces - Veterans - Surviving

spouse.

1. An active member of the North Dakota national guard or the armed forces as defined

under section 37-01-01, a veteran as defined under section 37-01-40, or a surviving

spouse of a veteran, is eligible for a one-time premium credit of up to two hundred fifty

dollars. The premium credit is available to a new account with the organization having

active member, veteran, or surviving spouse ownership of fifty percent or more.

2. The organization may implement rules for the administration of this section.
N.D. Cent. Code § 65-03-01 — ND Code / Title 65 / Chapter 65-03 / Section 65-03-01
65-03-01. Jurisdiction of organization - Safety regulations - Enforcement
Status: in_force

65-03-01. Jurisdiction of organization - Safety regulations - Enforcement

The organization shall have full power and jurisdiction over and supervision of every place

of employment subject to this title. Whenever necessary to enforce and administer this title, the

organization may issue and enforce all rules and safety regulations. The organization may

designate an individual to make inspections and determine if safety regulations are being

followed.
N.D. Cent. Code § 65-02-38 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-38
65-02-38. Electronic transaction payment fees - Continuing appropriation
Status: in_force

65-02-38. Electronic transaction payment fees - Continuing appropriation

Money in the workforce safety and insurance fund is appropriated on a continuing basis for

payment of fees associated with credit or debit card payments made to the organization.
N.D. Cent. Code § 65-02-28 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-28
65-02-28. Organization claim files - Destruction
Status: repealed

65-02-28. Organization claim files - Destruction

Repealed by S.L. 2023, ch. 465, § 8.
N.D. Cent. Code § 65-10-02 — ND Code / Title 65 / Chapter 65-10 / Section 65-10-02
65-10-02. Determination by court - Judgment paid by organization
Status: in_force

65-10-02. Determination by court - Judgment paid by organization

On appeal, the court shall determine the right of the claimant. If it determines the right in the

claimant's favor, it shall fix the claimant's compensation within the limits prescribed in this title,

and any final judgment so obtained shall be paid by the organization out of the fund in the same

manner as awards are paid.
N.D. Cent. Code § 65-02-04 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-04
65-02-04. Chairman
Status: repealed

65-02-04. Chairman

Repealed by S.L. 1989, ch. 295, § 21.
N.D. Cent. Code § 65-06-02.1 — ND Code / Title 65 / Chapter 65-06 / Section 65-06-02.1
65-06-02.1. Uniform Emergency Volunteer Health Practitioners Act - Health practitioners
Status: in_force

65-06-02.1. Uniform Emergency Volunteer Health Practitioners Act - Health

practitioners.

A volunteer health practitioner under subsection 2 of section 37-17.4-11 is eligible for

benefits as provided under this chapter.
N.D. Cent. Code § 65-10-03 — ND Code / Title 65 / Chapter 65-10 / Section 65-10-03
65-10-03. Cost of appeal and attorney's fees fixed by the organization
Status: in_force

65-10-03. Cost of appeal and attorney's fees fixed by the organization

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. Cent. Code § 65-07.1-01 — ND Code / Title 65 / Chapter 65-07.1 / Section 65-07.1-01
65-07.1-01. Definitions
Status: in_force

65-07.1-01. Definitions

For purposes of this chapter:

1. "Employee" means a participant in a vocational training or work evaluation program

when the request of the sponsoring agency or organization has been approved by the

organization under subsection 2. The participant shall not be deemed to be employed

in hazardous employment.

2. "Employer" means any agency or organization that sponsors a participant in a

vocational training or work evaluation program when such designation has been

requested by the agency or organization and has been approved by the organization.

3. "Workstation" means any person, corporation, limited liability company, or agency who

through a formal contract with a sponsoring agency or organization is furnishing

facilities, tools, or instruction to any participant in a vocational training or work

evaluation program.
N.D. Cent. Code § 65-05-25 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-25
65-05-25. Lump sum settlements - Granted in discretion of organization - How computed
Status: in_force

65-05-25. Lump sum settlements - Granted in discretion of organization - How

computed.

1. If an employee is determined to be permanently and totally disabled, the organization

may pay the employee a lump sum equal to the present value of all future payments of

compensation. The probability of the employee's death before the expiration of the

period during which the employee is entitled to compensation must be determined by

generally accepted mortality studies. The organization may not pay the employee a

lump sum unless it has first determined that there is clear and convincing evidence

that the lump sum payment is in the best interest of the employee. Best interest of the

employee may not be deemed to exist because the employee can invest the lump sum

in another manner to realize a better yield. The employee must show a specific plan of

rehabilitation which will enable the employee to return as a productive member of

society.

2. The organization and an employee may compromise to resolve a disputed claim. The

contract of settlement made is enforceable by the parties. The contract may provide

that the employee shall utilize the funds to engage in certain rehabilitation programs. If

the employee breaches the contract, the organization may require the employee to

repay the benefits received under the agreement. In cases in which the extent of

disability is disputed and resolved by agreement, the concept of reopening a disability

claim due to significant change in medical condition is inapplicable.

3. If death results from an injury under the conditions specified in section 65-05-16, the

organization may pay the decedent's spouse or the guardian of the decedent's

children a lump sum equal to the present value of all future payments of

compensation.

4. Notwithstanding any other provision of law, structured settlements may be used to

resolve a dispute or to provide for payment of ongoing future benefits. The

organization may contract with a third-party vendor to provide structured settlement

payments.
N.D. Cent. Code § 65-06.2-04 — ND Code / Title 65 / Chapter 65-06.2 / Section 65-06.2-04
65-06.2-04. Workers' compensation coverage for inmates engaged in work programs through roughrider industries
Status: in_force

65-06.2-04. Workers' compensation coverage for inmates engaged in work programs

through roughrider industries.

The director of the department of corrections and rehabilitation may elect to provide and

request from the organization a program of modified workers' compensation coverage

established under this chapter and according to administrative rules and fee schedules of this

chapter. The modified workers' compensation coverage is for inmates incarcerated at the

penitentiary and engaged in work in a prison industries work program through roughrider

industries, whether the program is operated by roughrider industries or by contract with another

entity or private employer. An inmate who sustains a compensable injury arising out of and in

the course of work in a prison industries work program through roughrider industries may only

receive workforce safety and insurance benefits under the modified workers' compensation

coverage established for that purpose.
N.D. Cent. Code § 65-02-08.1 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-08.1
65-02-08.1. State advisory council - Composition - Compensation - Duties
Status: repealed

65-02-08.1. State advisory council - Composition - Compensation - Duties

Repealed by S.L. 1997, ch. 528, § 7.
N.D. Cent. Code § 65-04-27 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-27
65-04-27. Payment of claims - Employers in default
Status: in_force

65-04-27. Payment of claims - Employers in default

The payment of a judgment rendered in an action brought against an employer for the

collection of defaulted premiums or the voluntary payment of the amount of premium, penalties,

and costs prior to judgment entitles the employer and that employer's employees to the benefits

provided in this title from the date of the payment. The organization shall pay an employee who

sustains an injury while working for an employer whose premium is in default the same as the

employee would receive if the employee were working for an employer whose premium is not in

default.
N.D. Cent. Code § 65-05.1-06 — ND Code / Title 65 / Chapter 65-05.1 / Section 65-05.1-06
65-05.1-06. Rehabilitation allowance
Status: repealed

65-05.1-06. Rehabilitation allowance

Repealed by S.L. 1989, ch. 771, § 6.
N.D. Cent. Code § 65-06.2-05 — ND Code / Title 65 / Chapter 65-06.2 / Section 65-06.2-05
65-06.2-05. Modified coverage of inmates engaged in work programs through roughrider industries - Conditions
Status: in_force

65-06.2-05. Modified coverage of inmates engaged in work programs through

roughrider industries - Conditions.

Except as otherwise provided in this chapter, all claims for workforce safety and insurance

benefits under this section and sections 65-06.2-04, 65-06.2-06, and 65-06.2-08 are subject to

title 65. A claim under this section and sections 65-06.2-04, 65-06.2-06, and 65-06.2-08 must be

filed according to section 65-05-01. While an inmate is incarcerated at the penitentiary, the

penitentiary shall pay the reasonable medical expenses of that inmate at penitentiary medical

payment levels, if that inmate incurs a compensable injury while working in a prison industries

work program through roughrider industries. If an inmate sustains a compensable injury while

working in a prison industries work program through roughrider industries, disability, vocational

rehabilitation allowance, and permanent partial impairment benefits may not accrue or be paid

while the inmate is incarcerated and may only be paid after the inmate is discharged from the

penitentiary. If the director of the department of corrections and rehabilitation and the

organization determine that an inmate who suffers a compensable injury under this chapter is in

need of vocational rehabilitation services while the inmate is incarcerated, the penitentiary and

the organization may provide vocational rehabilitation services to the inmate. An injury resulting

from a fight, riot, recreational activity, or other activity or incident other than the inmate's actual

performance of work duties in a prison industries work program through roughrider industries is

not compensable under this title.
N.D. Cent. Code § 65-01-03 — ND Code / Title 65 / Chapter 65-01 / Section 65-01-03
65-01-03. Individual performing service for remuneration presumed an employee
Status: in_force

65-01-03. Individual performing service for remuneration presumed an employee

1. Each individual who performs services for another for remuneration is presumed to be

an employee of the person for which the services are performed, unless it is proven

that the individual is an independent contractor under the common-law test. The

person that asserts that an individual is an independent contractor under the

common-law test, rather than an employee, has the burden of proving that fact.

2. In the case of commercial motor vehicles whose gross vehicle weight rating is more

than twenty-six thousand pounds [11793.40 kilograms], with an individual operating a

licensed truck or licensed tractor for a motor carrier of property, the presumption in

subsection 1 is successfully rebutted if all of the following factors are present:

a. The individual owns, leases, or enters a purchase agreement to purchase a truck

or tractor. The lease or purchase agreement must represent reasonably the value

of the lease or purchase of the truck or tractor. The lease or purchase agreement

may be with the carrier of property. An unreasonable lease or purchase

agreement with a third party, unaffiliated with the carrier, does not affect this

factor.

b. The individual is responsible for the maintenance and repair of the truck or

tractor.

c. The individual bears the principal burden of operating costs, including fuel,

supplies, vehicle insurance, and personal expenses.

d. The individual is responsible for supplying the necessary personal services to

operate the truck or tractor.

e. Income taxes are not withheld from the individual's compensation.

f. The individual generally determines the details and means of performing the

services, in conformance with statutory or regulatory requirements, operating

procedures of the carrier, and specifications of the shipper.

g. The individual enters a written agreement with the motor carrier outlining the

nature of the relationship.
N.D. Cent. Code § 65-09-02 — ND Code / Title 65 / Chapter 65-09 / Section 65-09-02
65-09-02. Application for compensation - Common-law defenses not available - Fund subrogated to recovery - Hearing - Time for filing
Status: in_force

65-09-02. Application for compensation - Common-law defenses not available - Fund

subrogated to recovery - Hearing - Time for filing.

An employee whose employer is in violation of section 65-04-33, who has been injured in

the course of employment, or the employee's dependents or legal representatives in case death

has ensued, may file an application with the organization for an award of compensation under

this title and in addition may maintain a civil action against the employer for damages resulting

from the injury or death. In the action, the employer may not assert the common-law defenses

of:

1. The fellow servant rule.

2. Assumption of risk.

3. Contributory negligence.

The organization is subrogated to the recovery made in the action against the uninsured

employer. The subrogation interest is determined according to section 65-01-09, with the

uninsured employer being the person other than the fund with a legal liability to pay damages

with respect to the employee's injury or death. An injured employee, or the dependents of an

employee who died as a result of a work-related accident, shall file the original claim for

compensation within one year after the injury or within two years after the death. The

organization shall notify the claimant and the employer that the matter is being processed under

this chapter, and subsequently shall hear and determine the application for compensation as it

would for other claims before the organization. A determination by the organization that a person

is not an employer required to obtain workforce safety and insurance coverage under this title is

a defense to any claim that the person failed to obtain coverage for the time period during which

the determination is effective.
N.D. Cent. Code § 65-05-39 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-39
65-05-39. Chronic opioid therapy coverage and monitoring
Status: in_force

65-05-39. Chronic opioid therapy coverage and monitoring

1. As used in this section, "chronic opioid therapy" is opioid treatment extending beyond

ninety days from initiation which is for the treatment of pain resulting from a

nonmalignant, compensable condition or therapies for another nonterminal

compensable condition.

2. In order to qualify for payment for chronic opioid therapy:

a. Chronic opioid therapy must result in an increase in function, enable an injured

employee to resume working, or improve pain control without debilitating side

effects;

b. Chronic opioid therapy must treat an injured employee:

(1) Who has been nonresponsive to non-opioid treatment;

(2) Who is not using illegal substances or abusing alcohol; and

(3) Who is compliant with the treatment protocol; and

c. The prescriber of chronic opioid therapy shall provide to the organization:

(1) At least every ninety days, documentation of the effectiveness of the chronic

opioid therapy, including documentation of improvements in function or

improvements in pain control without debilitating side effects; and

(2) A treatment agreement between the injured employee and the prescriber

which restricts treatment access and limits prescriptions to one identified

single prescriber. This paragraph does not preclude temporary coverage

within a single clinic by an identified prescriber when the prescriber of record

is unavailable and does not preclude a referral to a pain specialist.

3. At the prescriber's or organization's request, an injured employee on chronic opioid

therapy is subject to random drug testing for the presence of prescribed and illicit

substances. Failure of the test or of timely compliance with the request may result in

termination of chronic opioid therapy coverage.

4. Failure to comply with any of the conditions under this section may result in the

termination of coverage for chronic opioid therapy.
N.D. Cent. Code § 65-05-08.1 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-08.1
65-05-08.1. Verification of disability
Status: in_force

65-05-08.1. Verification of disability

1. An injured employee's health care provider shall certify the period of disability and the

extent of the injured worker's abilities and restrictions.

2. A health care provider certifying disability shall include in the report filed with the

organization:

a. The medical basis established by medical evidence supported by objective

medical findings for the certification of disability;

b. Whether the employee is totally disabled, or, if the employee is not totally

disabled, whether the employee is able to return to any employment, and a

statement of the employee's restrictions and physical limitations; and

c. A professional opinion as to the expected length of, and reason for, the disability.

3. A health care provider may not certify or verify past disability commencing more than

sixty days before the health care provider's examination of the employee.

4. The report must be filed on a form furnished by the organization, or on any other form

acceptable to the organization.

5. The injured employee shall ensure the required reports for any period of disability are

filed.

6. Prior to the expiration of a period of disability certified by a health care provider, if a

report certifying an additional period of disability has not been filed, or upon receipt of

a report or other evidence indicating an injured employee who is receiving disability

benefits has been or will be released to return to work, the organization shall send a

notice to that employee of the organization's intention to discontinue benefits, including

an explanation of the reason for discontinuing benefits, an explanation of the injured

employee's right to respond, and the procedure for filing the required report or

challenging the proposed action. Thereafter, if the required certification is not filed, the

organization shall discontinue disability benefits, effective twenty-one days after the

date the notice of intention to discontinue benefits is mailed or the date on which the

injured employee actually returned to work, whichever occurs first.
N.D. Cent. Code § 65-07.1-03 — ND Code / Title 65 / Chapter 65-07.1 / Section 65-07.1-03
65-07.1-03. Employer and workstation not liable for civil damages - Employee may elect
Status: in_force

65-07.1-03. Employer and workstation not liable for civil damages - Employee may

elect.

Any employer or workstation, as defined in this chapter, shall not be liable to respond in

damages at common law or by statute for injuries to or the death of any employee, as defined in

this chapter, whenever the employer has complied with the provisions of this chapter and during

the period for which premiums, as set by the organization, have been paid. Any employee who

elects, before injury or death, not to come under the provisions of this chapter may do so by

notifying the organization, employer, and workstation of such election in writing.
N.D. Cent. Code § 65-02-37 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-37
65-02-37. Attorney's fees reimbursement
Status: in_force

65-02-37. Attorney's fees reimbursement

An employer that is insured and in good standing with the organization is eligible for

reimbursement of reasonable legal costs and reasonable attorney's fees if the employer is

found to be uninsured or noncompliant by the workers' compensation authorities of another

state and hires an attorney to defend against the determination. A reimbursement may be made

only if the organization determines the employer's employees did not regularly work in the other

state.
N.D. Cent. Code § 65-01-15.1 — ND Code / Title 65 / Chapter 65-01 / Section 65-01-15.1
65-01-15.1. Presumption of compensability for certain conditions of full-time paid firefighters and law enforcement officers
Status: in_force

65-01-15.1. Presumption of compensability for certain conditions of full-time paid

firefighters and law enforcement officers.

1. Any condition or impairment of health of a full-time paid firefighter or law enforcement

officer caused by lung or respiratory disease, hypertension, heart disease, or an

exposure to a bloodborne pathogen as defined by section 23-07.5-01 occurring in the

course of employment, or occupational cancer in a full-time paid firefighter, is

presumed to have been suffered in the line of duty. The presumption may be rebutted

by clear and convincing evidence the condition or impairment is not work-related.

2. As used in this section, an occupational cancer is one which arises out of employment

as a full-time paid firefighter and is due to injury due to exposure to smoke, fumes, or

carcinogenic, poisonous, toxic, or chemical substances while in the performance of

active duty as a full-time paid firefighter.

3. A full-time paid firefighter or law enforcement officer is not eligible for the benefit

provided under this section unless that full-time paid firefighter or law enforcement

officer has completed five years of continuous service and has successfully passed a

medical examination which fails to reveal any evidence of such a condition. The five

years of continuous service requirement may include full-time paid service outside the

state. An employer shall provide at no expense a medical examination upon

employment, for any employee subject to this section.

a. After the initial medical examination, an employer shall provide at no expense at

least a periodic medical examination as follows: for one to ten years of service,

every five years; for eleven to twenty years of service, every three years; and for

twenty-one or more years of service, every year. The periodic medical

examination, at a minimum, must consist of a general medical history of the

individual and the individual's family; an occupational history including contact

with and an exposure to hazardous materials, toxic products, contagious and

infectious diseases, and to physical hazards; a physical examination including

measurement of height, weight, and blood pressure; and laboratory and

diagnostic procedures indicating cardiovascular health to a reasonable degree of

medical certainty.

b. If the medical examination reveals that an employee falls into a recognized risk

group, the employee must be referred to a qualified health professional for future

medical examination.

c. If a medical examination produces a false positive result for a condition covered

under this section, the organization shall consider the condition to be a

compensable injury. In the case of a false positive result, neither the coverage of

the condition nor the period of disability may exceed fifty-six days. This section

does not affect an employee's responsibility to document that the employee has

not used tobacco as required under section 65-01-15. Results of the examination

must be used in rebuttal to a presumption afforded under this section.

4. For purposes of this section, "law enforcement officer" means an individual who is

licensed to perform peace officer law enforcement duties under chapter 12-63 and is

employed full time by the bureau of criminal investigation, the game and fish

department, the state highway patrol, the parole and probation division, the North

Dakota state university police department, the North Dakota state college of science

police department, the university of North Dakota police department, the Bismarck

state college police department, a county sheriff's department, a city police

department, or the parks and recreation department pursuant to section 55-08-04.

5. The presumption does not include a condition or impairment of health of a full-time

paid firefighter or law enforcement officer, who has been employed for ten years or

less, if the condition or impairment is diagnosed more than two years after the

employment as a full-time paid firefighter or law enforcement officer ends. The

presumption also does not include a condition or impairment of health of a full-time

paid firefighter or law enforcement officer, who has been employed more than ten

years, if the condition or impairment is diagnosed more than five years after the

employment as a full-time paid firefighter or law enforcement officer ends.
N.D. Cent. Code § 65-08-03 — ND Code / Title 65 / Chapter 65-08 / Section 65-08-03
65-08-03. Evidence that nonresident employer carries extraterritorial workforce safety and insurance coverage
Status: in_force

65-08-03. Evidence that nonresident employer carries extraterritorial workforce safety

and insurance coverage.

A certificate from the executive secretary or other duly authorized officer of workforce safety

and insurance or similar organization of another state certifying that an employer of such other

state is insured under the Workforce Safety and Insurance Act or similar act thereof, and has

provided extraterritorial coverage insuring that employer's employees while working within this

state, is prima facie evidence that such employer carries such workforce safety and insurance.
N.D. Cent. Code § 65-02-22 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-22
65-02-22. Hearing officer - Qualifications - Location
Status: in_force

65-02-22. Hearing officer - Qualifications - Location

A hearing officer designated by the office of administrative hearings under chapter 28-32

must be an individual licensed to practice law in this state. A hearing officer may not maintain an

office within the organization.
N.D. Cent. Code § 65-05.1-02.1 — ND Code / Title 65 / Chapter 65-05.1 / Section 65-05.1-02.1
65-05.1-02.1. Vocational report
Status: in_force

65-05.1-02.1. Vocational report

The organization shall review all records, statements, and other pertinent information and

prepare a report to the organization and employee.

1. The report must:

a. Identify the first appropriate rehabilitation option by following the priorities set

forth in subsection 4 of section 65-05.1-01.

b. Contain findings of why a higher listed priority, if any, is not appropriate.

2. Depending on which option the consultant identifies as appropriate, the report also

must contain findings that:

a. Identify jobs in the local or statewide job pool and the employee's anticipated

earnings from each job; or

b. Describe an appropriate retraining program, the employment opportunities

anticipated upon the employee's completion of the program, and the employee's

anticipated earnings.
N.D. Cent. Code § 65-02-17 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-17
65-02-17. Binding arbitration
Status: repealed

65-02-17. Binding arbitration

Repealed by S.L. 1995, ch. 614, § 6.
N.D. Cent. Code § 65-05-03 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-03
65-05-03. Jurisdiction of organization to hear questions within its jurisdiction - Finality of determination
Status: in_force

65-05-03. Jurisdiction of organization to hear questions within its jurisdiction -

Finality of determination.

The organization shall have full power and authority to hear and determine all questions

within its jurisdiction, and its decisions, except as provided in chapter 65-10, are final and are

entitled to the same faith and credit as a judgment of a court of record.
N.D. Cent. Code § 65-05.1-05 — ND Code / Title 65 / Chapter 65-05.1 / Section 65-05.1-05
65-05.1-05. Rehabilitation contract
Status: repealed

65-05.1-05. Rehabilitation contract

Repealed by S.L. 1989, ch. 771, § 6.
N.D. Cent. Code § 65-05-22 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-22
65-05-22. Adjustment on cessation of compensation for death to one beneficiary
Status: in_force

65-05-22. Adjustment on cessation of compensation for death to one beneficiary

Upon the cessation of compensation payable to a beneficiary under the provisions of this

chapter, the compensation of the remaining persons entitled to compensation for the unexpired

part of the period during which their compensation is payable, shall be that which such persons

would have received if they had been the only persons entitled to compensation at the time of

the decedent's death.
N.D. Cent. Code § 65-05.2-04 — ND Code / Title 65 / Chapter 65-05.2 / Section 65-05.2-04
65-05.2-04. Supplementary benefit fund
Status: in_force

65-05.2-04. Supplementary benefit fund

The organization periodically shall determine the amount of money earned on reserves in

the workforce safety and insurance fund necessary to provide for the payment of supplementary

benefits under this chapter and periodically shall transfer an adequate amount from the earnings

on the reserves of the workforce safety and insurance fund to the supplementary benefit fund.
N.D. Cent. Code § 65-07-03 — ND Code / Title 65 / Chapter 65-07 / Section 65-07-03
65-07-03. Determination of weekly wage for premium purposes
Status: in_force

65-07-03. Determination of weekly wage for premium purposes

If the organization enters a contract for insurance under this chapter, the premium for the

protection must be based on:

1. The amount of money derived on an annual basis from the business of an employer or

self-employed person as outlined in subdivision b of subsection 6 of section 65-01-02

for purposes of determining the premium for coverage of an employer, an employer's

spouse, or a self-employed person. This amount may not be less than the limited

payroll required to be reported for an employee in subsection 1 of section 65-04-04.2.

2. A reasonable wage or fee as determined by the organization for employees in the

same class of industry that the volunteer organization is engaged.

3. Actual wages paid to a clerk, an assessor, a treasurer, or a member of the board of

supervisors of an organized township, if the contract for insurance is to provide

protection for a person mentioned in this subsection and that person is not employed

by the township in any other capacity.

4. Actual wages paid to an employer's child if that child is under the age of twenty-two.
N.D. Cent. Code § 65-06-02 — ND Code / Title 65 / Chapter 65-06 / Section 65-06-02
65-06-02. Volunteer firefighter, emergency or disaster volunteer, and community emergency response team member declared employees - Covered by workforce safety and insurance - Termination
Status: in_force

65-06-02. Volunteer firefighter, emergency or disaster volunteer, and community

emergency response team member declared employees - Covered by workforce safety

and insurance - Termination.

Volunteer firefighters, emergency or disaster volunteers, and community emergency

response team members are employees of the municipalities which they serve and are entitled

to the same protection and rights under the provisions of this title as are full-time paid

employees of those municipalities.
N.D. Cent. Code § 65-02-29 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-29
65-02-29. Independent audit
Status: repealed

65-02-29. Independent audit

Repealed by S.L. 1999, ch. 553, § 8.
N.D. Cent. Code § 65-04-19.1 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-19.1
65-04-19.1. Premium discount for implementation of risk management programs
Status: in_force

65-04-19.1. Premium discount for implementation of risk management programs

Any employer who achieves the benchmarks outlined by the organization's risk

management programs is eligible for a discount in the annual premium for the year following the

year in which the risk management program's benchmarks are achieved.
N.D. Cent. Code § 65-04-08 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-08
65-04-08. County auditors to report auditors and clerks to organization
Status: repealed

65-04-08. County auditors to report auditors and clerks to organization

Repealed by S.L. 1997, ch. 538, § 1.
N.D. Cent. Code § 65-01-14 — ND Code / Title 65 / Chapter 65-01 / Section 65-01-14
65-01-14. Informal decision by organization
Status: repealed

65-01-14. Informal decision by organization

Repealed by S.L. 1997, ch. 532, § 6.
N.D. Cent. Code § 65-02-06 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-06
65-02-06. Expenditures by organization from fund - Employment of full-time special assistant attorneys general authorized
Status: in_force

65-02-06. Expenditures by organization from fund - Employment of full-time special

assistant attorneys general authorized.

The organization may make necessary expenditures to obtain statistical and other

information required for the proper enforcement of this title. The salaries and compensation of

the director of the organization and of all employees of the organization, and all other authorized

expenses of the organization, including the premium on the bond required of the state treasurer

under section 65-04-30, must be paid out of the fund. The organization may employ duly

appointed special assistant attorneys general and pay from the fund the entire salary of each

special assistant attorney general.
N.D. Cent. Code § 65-02-02 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-02
65-02-02. Oath of office
Status: in_force

65-02-02. Oath of office

Before commencing to perform the duties of director of the organization, the director shall

file an oath of office in the usual form.
N.D. Cent. Code § 65-06.2-02 — ND Code / Title 65 / Chapter 65-06.2 / Section 65-06.2-02
65-06.2-02. Coverage of inmates - Conditions
Status: in_force

65-06.2-02. Coverage of inmates - Conditions

1. If an inmate in performance of work in connection with the maintenance of the

institution, or with any industry maintained within the institution, or with any public

service activity, sustains a compensable injury, the inmate may be awarded and paid

benefits under the provisions of this title, upon being released from the institution or

after discharge from public service.

2. Claims under this chapter must be filed and processed pursuant to section 65-05-01,

except that an inmate also has one year from the date of first release from the

institution or discharge from public service to file a claim.

3. Workforce safety and insurance benefits under this chapter accrue and are payable

from the time of the inmate's release from the institution or after discharge from public

service. Disability benefits must be computed according to the methods provided in

chapter 65-05. The inmate's weekly wage must be computed using either the actual

wage paid to the inmate or the federal minimum wage as of the date of injury,

whichever is higher.

4. If a former inmate receiving disability benefits under the provisions of this chapter is

recommitted or sentenced by a court to imprisonment in a penal institution, the

disability benefits are payable pursuant to subsection 2 of section 65-05-08.
N.D. Cent. Code § 65-05-09.2 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-09.2
65-05-09.2. Retirement offset
Status: in_force

65-05-09.2. Retirement offset

If an employee is entitled to permanent total disability benefits and social security retirement

benefits under 42 U.S.C. sections 402 and 405, the aggregate wage-loss benefits payable

under this title must be determined in accordance with this section. The employee's social

security retirement offset must equal forty percent of the calculated ratio of the employee's

average weekly wages, as calculated on the commencement of the first, or recurrent, disability

under section 65-05-09, to the current state's average weekly wage. Any offset calculated

cannot exceed forty percent of the employee's weekly social security retirement benefit. If a

claim has been accepted on an aggravation basis and the employee is eligible for social

security benefits, the organization's offset must be proportionally calculated. An overpayment

must be recouped in the same manner as set forth in section 65-05-09.1. This section applies to

an employee who becomes entitled to and receives social security retirement benefits after

June 30, 1989, or who receives social security retirement benefits that have been converted

from social security disability benefits by the social security administration after June 30, 1989. A

conversion by the organization from offsetting an employee's social security disability benefits to

offsetting an employee's social security retirement benefits under this section may not result in a

decrease in the aggregate amount of benefits the employee receives from both sources.
N.D. Cent. Code § 65-06.2-07 — ND Code / Title 65 / Chapter 65-06.2 / Section 65-06.2-07
65-06.2-07. State reimbursement for liability in excess of collected premiums
Status: in_force

65-06.2-07. State reimbursement for liability in excess of collected premiums

Whenever total costs and expenses charged to the classification of the modified workers'

compensation program established under this chapter exceeds the amount of premiums paid

into the fund and any payments from the risk management workers' compensation fund under

the workforce safety and insurance state entities account under section 65-04-03.1, those

excess costs and expenses are a general obligation of the state and the state shall reimburse

the organization for credit to the workforce safety and insurance fund through legislative

appropriation to the extent not covered by any program of excess coverage or reinsurance. This

modified workers' compensation coverage may not be effective unless the organization has, in

its sole discretion, purchased excess coverage or reinsurance that does not exclude claims

under this section.
N.D. Cent. Code § 65-02-31 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-31
65-02-31. Payments in lieu of taxes by organization
Status: in_force

65-02-31. Payments in lieu of taxes by organization

If a building and associated real property is purchased by the organization pursuant to a

legislative grant of authority, the organization shall make payments in lieu of property taxes in

the manner and according to the conditions and procedures that would apply if the building and

property were privately owned.
N.D. Cent. Code § 65-01-06 — ND Code / Title 65 / Chapter 65-01 / Section 65-01-06
65-01-06. Exempting certain flying employees
Status: in_force

65-01-06. Exempting certain flying employees

Pilots, copilots, stewardesses, and other regular flying employees of a regularly established

airline operating under a certificate of convenience and necessity granted by the competent

authorities of the United States of America and operating regularly scheduled flights in interstate

or foreign commerce shall be exempt from the compulsory provisions of this title while engaged

in work, the duties of which primarily involve interstate or foreign flying operations. Employees

not regularly engaged in interstate or foreign flying operations, and the flying employees of any

such airline as has its principal operating base in North Dakota, shall not be included in this

exemption.
N.D. Cent. Code § 65-01-05 — ND Code / Title 65 / Chapter 65-01 / Section 65-01-05
65-01-05. Employment of those unprotected by insurance unlawful - Effect of failure to secure compensation - Penalty - Injunction
Status: repealed

65-01-05. Employment of those unprotected by insurance unlawful - Effect of failure

to secure compensation - Penalty - Injunction.

Repealed by S.L. 2001, ch. 578, § 17.
N.D. Cent. Code § 65-02-05 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-05
65-02-05. Office space for organization - Expenditures from fund for employees and supplies - Travel
Status: in_force

65-02-05. Office space for organization - Expenditures from fund for employees and

supplies - Travel.

The organization must be provided with office space. The organization, at the expense of

the fund, shall provide all necessary equipment, supplies, stationery, and furniture, and all

clerical and other help necessary to carry out the provisions of this title. The employees of the

organization are entitled to receive from the fund for each mile [1.61 kilometers] actually and

necessarily traveled in the performance of official duty by motor vehicle the same rates in the

same manner as other state officials. If travel is by a motor vehicle owned by the state, or by

any department or political subdivision thereof, no allowance may be paid for the mileage.

Vouchers for travel and other administrative expenses must bear the approval of the

organization and the office of management and budget before payment is made therefor. Travel

and other administrative expense payments must be made by warrant-check prepared by the

office of management and budget drawn upon the state treasurer against the fund.

Expenditures made under this section, however, must be within the limitations designated by the

legislative assembly in appropriation measures adopted from time to time.
N.D. Cent. Code § 65-02-33 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-33
65-02-33. Occupational health and preventive medicine programs - Continuing appropriation
Status: in_force

65-02-33. Occupational health and preventive medicine programs - Continuing

appropriation.

The organization may establish and implement programs to advance occupational health

and preventive medicine in this state and to protect the integrity of the fund. These programs

may include the provision of education or training, consultation, grants, scholarships, or other

incentives that promote superior care and treatment of the workforce in this state. Funds in the

workforce and insurance fund are appropriated to the organization on a continuing basis for the

purpose of funding the programs implemented under this section.
N.D. Cent. Code § 65-04-24 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-24
65-04-24. Notice of premium or assessment owing - Organization to bring suit for premiums in default
Status: in_force

65-04-24. Notice of premium or assessment owing - Organization to bring suit for

premiums in default.

The organization shall notify an employer of the amount of premium, assessment, penalty,

and interest due the organization from the employer. If the employer fails to pay that amount

within thirty days, the organization may collect the premium, assessment, penalties, and interest

due by civil action. In any action for the collection of amounts due the organization under this

title, the court may not review or consider the action of the organization regarding the

acceptance or payment of any claim. The organization may adjust or compromise the account.

The organization may retain counsel on a contingent or hourly fee basis to represent the

organization in any proceeding relating to the collection of amounts due under this title. The

organization shall charge attorney's fees and costs to the organization's general fund.
N.D. Cent. Code § 65-06.2-01 — ND Code / Title 65 / Chapter 65-06.2 / Section 65-06.2-01
65-06.2-01. Inmate defined
Status: in_force

65-06.2-01. Inmate defined

For the purposes of sections 65-06.2-02 and 65-06.2-03, an "inmate" is a person who is

confined against the inmate's will in a city or county penal institution or is a person who, as a

criminal defendant before a court, is ordered or elects to perform public service for a city or

county in conjunction with or in lieu of a jail sentence. The term "inmate" does not include an

individual injured while incarcerated in the North Dakota state penitentiary or any of its affiliated

facilities or an individual injured in a fight, riot, recreational activity, or other incident not directly

related to the inmate's work assignment.
N.D. Cent. Code § 65-01-11 — ND Code / Title 65 / Chapter 65-01 / Section 65-01-11
65-01-11. Burden of proof in compensation matters - Death certificate
Status: in_force

65-01-11. Burden of proof in compensation matters - Death certificate

If the organization or an employer claims an employee is not entitled to the benefits of the

North Dakota workforce safety and insurance law because the employee's injury was caused by

the employee's willful intention to cause self-injury, or to injure another, or by reason of the

voluntary impairment caused by use of alcohol, recreational marijuana use, or illegal use of a

controlled substance by the employee, the burden of proving the exemption or forfeiture is on

the organization or on the person alleging the same; however, an alcohol concentration level at

or above the limit set by the United States secretary of transportation in the Code of Federal

Regulations in effect on August 1, 2011, or a level of an illegally used controlled substance or

recreational marijuana sufficient to cause impairment found by a test conducted by a physician,

qualified technician, chemist, or registered nurse at or above the cutoff level in the Code of

Federal Regulations in effect on August 1, 2011, creates a rebuttable presumption the injury

was due to impairment caused by the use of alcohol, recreational marijuana use, or the illegal

use of a controlled substance. An employer who has a mandatory drug alcohol testing policy for

work accidents, or an employer or a health care provider who has reasonable grounds to

suspect an employee's alleged work injury was caused by the employee's voluntary impairment

caused by use of alcohol, recreational marijuana use, or illegal use of a controlled substance

may request the employee undergo testing to determine if the employee had alcohol, marijuana,

or the controlled substance in the employee's system at levels greater than the limit set by the

United States department of transportation at the time of the injury. If an employee refuses to

submit to a reasonable request to undergo a test to determine if the employee was impaired or if

an employee refuses to submit to a test for drugs or alcohol after a work accident as mandated

by company policy, the employee forfeits all entitlement to workforce safety and insurance

benefits arising out of that injury. Any claimant against the fund, however, has the burden of

proving by a preponderance of the evidence that the claimant is entitled to benefits. If a claim for

death benefits is filed, the official death certificate must be considered as evidence of death and

may not be used to establish the cause of death.
N.D. Cent. Code § 65-08.1-04 — ND Code / Title 65 / Chapter 65-08.1 / Section 65-08.1-04
65-08.1-04. Board of directors - Members
Status: in_force

65-08.1-04. Board of directors - Members

The board of directors of the company consists of the director of workforce safety and

insurance and four persons appointed by the director. The director is the chairman of the board.

The chairman shall appoint a secretary-treasurer for the board. Any member of the board may

be removed at any time by the director.
N.D. Cent. Code § 65-04-30 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-30
65-04-30. State treasurer is custodian of fund - Deposit - Disbursement on vouchers
Status: in_force

65-04-30. State treasurer is custodian of fund - Deposit - Disbursement on vouchers

The state treasurer is the custodian of the fund and all payments of awards of the

organization for disbursements other than travel and administrative expenses must be paid by

the state treasurer upon warrant-checks authorized and prepared by the organization. Warrants

drawn upon the fund and paid by the state treasurer must be returned to the organization and

must be kept in the files of the organization. The treasurer may deposit any portion of the fund

not needed for immediate use in the manner and subject to the requirements prescribed by law

for the deposit by the treasurer of state funds. Any interest earned by any portion of the fund

which is deposited by the state treasurer under this section must be collected by the state

treasurer and placed to the credit of the fund.
N.D. Cent. Code § 65-02-06.2 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-06.2
65-02-06.2. Litigation expenses - Continuing appropriation
Status: in_force

65-02-06.2. Litigation expenses - Continuing appropriation

Money in the workforce safety and insurance fund is appropriated to the organization on a

continuing basis for payment of organization expenses associated with litigating

employer-related issues arising under this title and for payment of organization expenses

associated with litigating medical provider-related issues identified under sections 65-02-23 and

65-02-20.
N.D. Cent. Code § 65-02-12 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-12
65-02-12. Hearings by director
Status: in_force

65-02-12. Hearings by director

Any investigation, inquiry, hearing, or decision, and every order by the director is deemed to

be the order or decision of the organization.
N.D. Cent. Code § 65-04-05 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-05
65-04-05. Employer to furnish payroll information to organization - Determination of status - Report of actual and estimated payrolls
Status: repealed

65-04-05. Employer to furnish payroll information to organization - Determination of

status - Report of actual and estimated payrolls.

Repealed by S.L. 2001, ch. 578, § 17.
N.D. Cent. Code § 65-04-05.1 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-05.1
65-04-05.1. Sections 65-04-04 and 65-04-05 retroactive
Status: repealed

65-04-05.1. Sections 65-04-04 and 65-04-05 retroactive

Repealed by S.L. 1951, ch. 344, § 11.
N.D. Cent. Code § 65-04-26.2 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-26.2
65-04-26.2. General contractor liability for subcontractors and independent contractors
Status: in_force

65-04-26.2. General contractor liability for subcontractors and independent

contractors.

1. An individual employed by a subcontractor or by an independent contractor operating

under an agreement with a general contractor is deemed to be an employee of the

general contractor and any subcontractor that supplied work to the subcontractor or

independent contractor. A general contractor and a subcontractor are liable for

payment of premium and any applicable penalty for an employee of a subcontractor or

independent contractor that does not secure required coverage or pay the premium

owing. The general contractor and a subcontractor are liable for payment of this

premium and penalty until the subcontractor or independent contractor pays this

premium and penalty. The liability imposed on a general contractor and a

subcontractor under this section for the payment of premium and penalties under this

title which are not paid by a subcontractor or independent contractor is limited to work

performed under that general contractor.

2. Upon request of the organization, a person the organization determines may have

information that may assist the organization in determining the amount of wages

expended by the subcontractor or independent contractor shall provide this information

to the organization.

3. If the organization is unable to obtain complete and reliable payroll information for a

subcontractor or independent contractor, the organization may calculate premium

using the available payroll information of the subcontractor or independent contractor

for work performed under the liable general contractor or a subcontractor as permitted

in section 65-04-19. If a subcontractor's or independent contractor's liability for failure

to secure coverage or pay the premium owing arises from a single project with a

general contractor, the liability of the general contractor and subcontractor is one

hundred percent of the amount of premium and penalty owed by the subcontractor or

independent contractor. If there is evidence showing the subcontractor or independent

contractor was working on multiple projects during the period the subcontractor or

independent contractor failed to secure coverage, the organization shall set the

amount of the general contractor and subcontractor's liability which may not exceed

seventy percent of the total premium and penalty owed by the subcontractor or

independent contractor.

4. The definition of the term "contractor" under section 43-07-01 applies to this section.
N.D. Cent. Code § 65-05-24 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-24
65-05-24. Accepting compensation after marriage - Penalty
Status: repealed

65-05-24. Accepting compensation after marriage - Penalty

Repealed by S.L. 2003, ch. 562, § 13.
N.D. Cent. Code § 65-05-26 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-26
65-05-26. Burial expenses
Status: in_force

65-05-26. Burial expenses

If death benefits are payable under section 65-05-16, the fund shall pay to the facility

handling the funeral arrangements of the deceased employee burial expenses not to exceed ten

thousand dollars.
N.D. Cent. Code § 65-05-34 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-34
65-05-34. False statement on employment application
Status: in_force

65-05-34. False statement on employment application

A false statement in an employment application made by an employee bars all benefits

under this title if:

1. The employee knowingly and willfully made a false representation as to the

employee's physical condition;

2. The employer relied upon the false representation and this reliance was a substantial

factor in the hiring; and

3. There was a causal connection between the false representation and the injury.
N.D. Cent. Code § 65-02-08 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-08
65-02-08. Rulemaking power of the organization - Timeliness for issuance of decision - Fees prescribed by organization - Attorney's fees and costs
Status: in_force

65-02-08. Rulemaking power of the organization - Timeliness for issuance of

decision - Fees prescribed by organization - Attorney's fees and costs.

1. The organization shall adopt rules necessary to carry out this title. All fees on claims

for medical and hospital goods and services provided under this title to an injured

employee must be in accordance with schedules of fees adopted by the organization.

Before the effective date of any adoption of, or change to, a fee schedule, the

organization shall hold a public hearing, which is not subject to chapter 28-32.

2. The organization shall issue a decision within sixty days following the date all elements

of initial filing or notice of reapplication of claim are satisfied or a claim for additional

benefits over and above benefits previously awarded is made. The organization's

administrative rules must define satisfaction of elements of filing.

3. a. By administrative rule, the organization shall establish costs payable, maximum

costs, a reasonable maximum hourly rate, and a maximum fee to compensate an

injured employee's attorney for legal services following issuance of an

administrative or judicial order reducing or denying benefits.

b. Except for an initial determination of compensability, an attorney's fee may not

exceed twenty percent of the amount awarded, subject to a maximum fee set by

administrative rule. The amount of the attorney's fees must be determined in the

same manner as prescribed by the organization for attorney's fees. The total

amount of attorney fees paid by the organization may not exceed the fee cap

established for the highest appellate level at which the injured employee prevails.

c. The organization shall pay an attorney's fees and costs if the injured employee

prevailed in binding dispute resolution under section 65-02-20, the injured

employee prevailed after an administrative hearing under chapter 28-32, or the

injured employee prevailed at the district or supreme court as provided for under

section 65-10-03. The organization shall pay the attorney's fees and costs at the

time the injured employee prevails. The organization may not condition payment

of attorney's fees and costs upon the injured employee prevailing upon any future

appeal.

d. An injured employee does not prevail unless an additional benefit, previously

denied, is paid. An injured employee does not prevail on a remand for further

action or proceedings unless that injured employee ultimately receives an

additional benefit as a result of the remand.

e. Notwithstanding the requirement under subdivision d that an additional benefit be

paid or received, an injured employee who prevails at the administrative or district

court level is eligible for attorney's fees and costs for prevailing at that level,

regardless of whether the organization ultimately prevails upon the organization's

appeal of an administrative or district court order.

f. This subsection does not prevent an injured employee or an employer from hiring

or paying an attorney.

g. All disputes relating to payment or denial of an attorney's fees or costs must be

submitted to the court, hearing officer, or arbitrator for decision, but a court,

hearing officer, or arbitrator may not order the maximum fees be exceeded.

h. The organization shall pay an injured employee's attorney's fees and costs from

the organization's general fund. The organization is liable for its costs on appeal if

the decision of the organization is affirmed.
N.D. Cent. Code § 65-05-09 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-09
65-05-09. Temporary total or permanent total disability - Weekly and aggregate benefit
Status: in_force

65-05-09. Temporary total or permanent total disability - Weekly and aggregate

benefit.

1. If an injury causes temporary total or permanent total disability, the fund shall pay to

the injured employee during that disability a weekly benefit equal to sixty-six and

two-thirds percent of the gross average weekly wage of the injured employee, subject

to a minimum of sixty percent and a maximum of one hundred twenty-five percent of

the average weekly wage in the state. If an injured employee is disabled due to an

injury, that injured employee's benefits will be based upon the injured employee's wage

and the organization benefit rates in effect on the date of first disability.

2. Unless otherwise provided in this subsection, if an injured employee suffers disability

but is able to return to employment for a period of three consecutive calendar months

or more, that injured employee's benefits will be based upon the wage received at the

time of the recurrence of the disability. If the wage received at the time of the

recurrence of the disability is lower than the injured employee's average weekly wage

and the lower wage is due to the physical limitations of the compensable injury, the

injured employee's benefits must be based upon the injured employee's average

weekly wage. It is the burden of the injured employee to show the inability to earn as

much as the injured employee's average weekly wage is due to the physical limitation

related to the injury. The organization benefit rates are those in effect at the time of

that recurrence.

3. The disability benefit or the combined disability benefit and dependency award may

not exceed the weekly wage of the injured employee after deductions for social

security and federal income tax.

4. When an injured employee is permanently and totally disabled, must be maintained in

a nursing home or similar facility, and has no dependent parent, spouse, or children,

as much of that injured employee's weekly benefit as is necessary may be used by the

organization to help defray the cost of the nursing home care.
N.D. Cent. Code § 65-06-03 — ND Code / Title 65 / Chapter 65-06 / Section 65-06-03
65-06-03. Compensation benefits - How determined
Status: in_force

65-06-03. Compensation benefits - How determined

The basis of compensation and benefits to be paid to a volunteer firefighter, an emergency

or disaster volunteer, volunteer health practitioner, or a community emergency response team

member under the terms of this chapter shall be determined in accordance with the provisions

of section 65-05-09; provided, however, that the average weekly wage of the claimant shall be

determined from a computation of income derived from the claimant's business or employment

for which coverage is required or otherwise secured at the date of first disability.
N.D. Cent. Code § 65-04-04.1 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-04.1
65-04-04.1. Determination of weekly wage for premium purposes to veteran-on-the-job trainee
Status: repealed

65-04-04.1. Determination of weekly wage for premium purposes to

veteran-on-the-job trainee.

Repealed by S.L. 1997, ch. 538, § 1.
N.D. Cent. Code § 65-04-27.1 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-27.1
65-04-27.1. Injunctive relief - Procedure
Status: in_force

65-04-27.1. Injunctive relief - Procedure

1. a. To protect the lives, safety, and well-being of wageworkers, to ensure fair and

equitable contributions to the workforce safety and insurance fund among all

employers, and to protect the workforce safety and insurance fund, the

organization may institute injunction proceedings in the name of the state of North

Dakota against certain employers to prohibit them from employing others in those

employments defined as hazardous by this title:

(1) When it has been brought to the attention of the organization that the

employer has unlawfully employed uninsured workers in violation of section

65-04-33;

(2) When the employer defaults in the payment of insurance premiums,

reimbursements, penalties, or interest into the fund; or

(3) When the organization, in exercise of the authority granted it by section

65-03-01, finds that it is necessary to enjoin and restrain certain employers

and employments to protect the lives and safety of the employees because

of the employer's failure or refusal to comply with necessary and proper

safety rules.

b. The courts of this state have jurisdiction to grant preventive relief under the

circumstances described in subdivision a.

2. Chapter 32-06 as it relates to injunction applies to proceedings instituted under this

section to the extent that chapter is applicable.

3. In addition to chapter 32-06, when the court has granted an immediate temporary

injunction at the time of the commencement of the action, the defendant employer may

have a hearing by the court on the merits of the case without delay. Upon three days'

written notice to the organization, the court shall proceed to hearing on the merits and

render its decision.

4. In addition to chapter 32-06, when the court has not granted an immediate temporary

injunction at the time of the commencement of the action and the time for answer has

expired, either party may have a hearing by the court on the merits of the case. Upon

ten days' notice by either party to the other, the court shall proceed to hearing on the

merits and render its decision.

5. Any court of competent jurisdiction in this state shall impose a fine of at least one

thousand dollars against an employer who has violated an injunction granted under

this section. The court shall impose a fine for each violation, in addition to any other

penalty provided by law.
N.D. Cent. Code § 65-05-20.1 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-20.1
65-05-20.1. Scholarship fund - Rules
Status: in_force

65-05-20.1. Scholarship fund - Rules

1. The organization may establish a scholarship fund. Scholarships may be awarded to:

a. The spouse and child of a worker who dies as a result of a compensable

work-related injury, if the spouse and child have received benefits under section

65-05-17;

b. The spouse and child of a worker who is deemed to be catastrophically injured as

defined in subdivision c of subsection 2 of section 65-05.1-06.1; and

c. Injured workers for whom the organization determines a scholarship would be

beneficial and appropriate because of exceptional circumstances, or upon

successful completion of a rehabilitation program contemplated under

subdivision g of subsection 4 of section 65-05.1-01, as determined by the

organization.

2. For purposes of this section, child includes a legitimate child, a step child, adopted

child, posthumous child, foster child, and acknowledged illegitimate child between

twenty-three and twenty-six years of age who is enrolled as a full-time student in any

accredited educational institution and is dependent upon the employee for support.

3. Scholarships are payable to an accredited institution of higher education or an

institution of technical education on behalf of a student attending that institution.

4. The total amount awarded annually in scholarships may not exceed five hundred

thousand dollars. The maximum amount payable on behalf of an applicant is twelve

thousand five hundred dollars per year for no more than five years, except that the

combined retraining and scholarship periods for applicants successfully completing a

rehabilitation program under subdivision g of subsection 4 of section 65-05.1-01 may

not exceed five years.

5. Scholarships must be awarded by a panel chosen by the organization. The

organization shall adopt rules establishing selection criteria and obligations associated

with the program and identifying information an applicant is required to submit to

determine an appropriate scholarship award. Scholarships may be awarded at the sole

discretion of the organization. There is no right to reconsideration, rehearing, or appeal

from any decision regarding the award, denial, or amount of a scholarship.
N.D. Cent. Code § 65-05-17 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-17
65-05-17. Weekly compensation allowances for death claims
Status: in_force

65-05-17. Weekly compensation allowances for death claims

If death results from an injury under the conditions specified in section 65-05-16, the fund

shall pay to the following persons, for the periods specified:

1. To the decedent's spouse or to the guardian of the children of the decedent, an

amount equal to the benefit rate for total disability under section 65-05-09. All

recipients of benefits under this subsection are eligible for benefits at the rate provided

in this section, regardless of the date of death of the deceased employee. These

benefits continue until the death of the decedent's spouse; or, if the surviving children

of the decedent are under the care of a guardian, until those children no longer meet

the definition of child in this title. If there is more than one guardian for the children

who survive the decedent, the organization shall divide the death benefits equally

among the children and shall pay benefits to the children's guardians. Total death

benefits, including supplementary benefits, paid on any one claim may not exceed four

hundred thousand dollars.

2. To each child of the deceased employee, the amount of fifteen dollars per week. This

rate must be paid to each eligible child regardless of the date of death. The

organization may pay the benefit directly to the child of the deceased employee or to

the surviving parent or guardian of the child. Dependency allowance may not be

reduced by the percentage of aggravation.

3. In addition to the payments provided under subsections 1 and 2, a payment in the sum

of two thousand five hundred dollars to the decedent's spouse or the guardian of the

children of the decedent and eight hundred dollars for each dependent child. If there is

more than one guardian of the decedent's surviving children, the two thousand five

hundred dollars must be divided equally among the children and paid to the children's

guardians.
N.D. Cent. Code § 65-02-15 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-15
65-02-15. Workforce safety and insurance binding arbitration
Status: repealed

65-02-15. Workforce safety and insurance binding arbitration

Repealed by S.L. 2003, ch. 562, § 13.
N.D. Cent. Code § 65-05-32 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-32
65-05-32. Privacy of records and hearings - Penalty
Status: in_force

65-05-32. Privacy of records and hearings - Penalty

Information contained in the claim files and records of injured employees is confidential and

is not open to public inspection, other than to organization employees or agents in the

performance of their official duties. Providing further that:

1. Representatives of a claimant, whether an individual or an organization, may review a

claim file or receive specific information from the file upon the presentation of the

signed authorization of the claimant. However, reserve information may not be made

available to the claimant or the claimant's representatives. Availability of this

information to employers is subject to the sole discretion of the organization.

2. Employers or their duly authorized representatives who are required to have access to

an injured employee's claim file for the performance of their duties may review and

have access to any files of their own injured employees. An employer or an employer's

duly authorized representative who willfully communicates information contained in an

employee's claim file to any person who does not need the information in the

performance of that person's duties is guilty of a class B misdemeanor.

3. Allied health care professionals treating or examining employees claiming benefits

under this title, or allied health care professionals giving medical advice to the

organization regarding any claim may, at the discretion of the organization, inspect the

claim files and records of injured employees.

4. If an injured employee is deceased or is unable to communicate with the organization,

the organization may provide the claim file to and communicate with relevant

interested parties to properly adjudicate benefits.

5. Other persons may have access to and make inspections of the files, if such persons

are rendering assistance to the organization at any stage of the proceedings on any

matter pertaining to the administration of this title.

6. The claimant's name; date of birth; injury date; employer name; type of injury; whether

the claim is accepted, denied, or pending; and whether the claim is in active or inactive

pay status will be available to the public. This information may not be released in

aggregate form, except to those persons contracting with the organization for

exchange of information pertaining to the administration of this title or except upon

written authorization by the claimant for a specified purpose.

7. At the request of a claimant, the organization may close the medical portion of a

hearing to the public.

8. The organization may release the social security number of an individual claiming

entitlement to benefits under this title to health care providers or health care facilities

for the purpose of adjudicating a claim for benefits.

9. The organization may provide an injured employee's insurer information regarding the

injured employee's claim.

10. The organization may provide any state or federal agency, or any law enforcement

agency, any information obtained pursuant to the administration of this title. Any

information so provided must be used for the purpose of administering the duties of

that state or federal agency or law enforcement agency.
N.D. Cent. Code § 65-04-03 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-03
65-04-03. Accounts to be kept for classifications and employers
Status: in_force

65-04-03. Accounts to be kept for classifications and employers

The organization shall keep an accurate account of the moneys paid in premiums by each

of the several classes of occupations or industries and of the disbursements on account of

injuries to and deaths of employees thereof, and it also shall keep an account of the moneys

received from each individual employer and of the amount disbursed from the fund on account

of injuries to and deaths of employees of each employer.
N.D. Cent. Code § 65-04-09 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-09
65-04-09. All public contracts involving labor to be reported to organization
Status: repealed

65-04-09. All public contracts involving labor to be reported to organization

Repealed by S.L. 1997, ch. 538, § 1.
N.D. Cent. Code § 65-04-06 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-06
65-04-06. Employer obligated to file payroll reports - Organization to specify method of providing information - Verification may be required
Status: in_force

65-04-06. Employer obligated to file payroll reports - Organization to specify method

of providing information - Verification may be required.

Each employer subject to this title shall provide at least annually a payroll report to the

organization. The organization may require an employer to file a payroll report with the

organization more frequently during the premium year.

Each employer required to file a payroll report must file the report by an electronic method

approved by the organization. An employer that does not comply with the requirements to file

the payroll report electronically is deemed to have failed to submit the payroll report. If an

employer is unable to provide the information required, the employer shall submit to the

organization in writing the reason. The organization and its representatives may require any

employer to submit information under oath.
N.D. Cent. Code § 65-08.1-05 — ND Code / Title 65 / Chapter 65-08.1 / Section 65-08.1-05
65-08.1-05. Workforce safety and insurance to be provided
Status: in_force

65-08.1-05. Workforce safety and insurance to be provided

The company shall provide extraterritorial workforce safety and insurance or other states

insurance to an employer who is insured by North Dakota workforce safety and insurance. The

company may exclude coverage for a state with which workforce safety and insurance has a

reciprocal agreement that recognizes an employer's workforce safety and insurance coverage in

the state in which the employer's business is principally localized as being sufficient or for a

state whose workforce safety and insurance coverage is provided through an exclusive state

fund.
N.D. Cent. Code § 65-09-04 — ND Code / Title 65 / Chapter 65-09 / Section 65-09-04
65-09-04. Premiums and penalties to be paid by employer
Status: repealed

65-09-04. Premiums and penalties to be paid by employer

Repealed by S.L. 2001, ch. 578, § 17.
N.D. Cent. Code § 65-05-37 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-37
65-05-37. Retaliation by employer prohibited - Action for damages - Penalty
Status: in_force

65-05-37. Retaliation by employer prohibited - Action for damages - Penalty

An employer who willfully discharges or willfully threatens to discharge an employee for

seeking or making known the intention to seek workforce safety and insurance benefits is liable

in a civil action for damages incurred by the employee, including reasonable attorney's fees.

Damages awarded under this section may not be offset by any workforce safety and insurance

benefits to which the employee is entitled. A willful violation of this section is a class A

misdemeanor.
N.D. Cent. Code § 65-04-04.3 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-04.3
65-04-04.3. Employer relief for third-party recovery
Status: in_force

65-04-04.3. Employer relief for third-party recovery

The organization, upon recovery of its subrogation interest after a third-party lawsuit under

section 65-01-09, shall give relief to the employer from the date of injury for the amount of the

recovery up to the actual amount expended on a claim charged against the employer's account.

For purposes of this section, "relief" means the amount of money recovered by the organization

in a third-party action will be deducted from the amount charged against the employer's

experience rating.
N.D. Cent. Code § 65-10-01 — ND Code / Title 65 / Chapter 65-10 / Section 65-10-01
65-10-01. Appeal from decision of organization
Status: in_force

65-10-01. Appeal from decision of organization

If the final action of the organization denies the right of the claimant to participate at all in

the fund on the ground that the injury was self-inflicted, or on the ground that the accident did

not arise in the course of employment, or upon any other ground going to the basis of the claim,

or if the organization allows the claimant to participate in the fund to a lesser degree than that

claimed by the claimant, if such allowance is less than the maximum allowance provided by this

title, the claimant may appeal to the district court of the county wherein the injury was inflicted or

of the county in which the claimant resides. An employer may also appeal a decision of the

organization in any injury case or an organization decision issued under chapter 65-04, in the

manner prescribed in this section. An appeal involving injuries allegedly covered by insurance

provided under contracts with extraterritorial coverage shall be triable in the district court of

Burleigh County. Any appeal under this section shall be taken in the manner provided in chapter
N.D. Cent. Code § 65-06.2-08 — ND Code / Title 65 / Chapter 65-06.2 / Section 65-06.2-08
65-06.2-08. No liability for damages - Inmates are not employees
Status: in_force

65-06.2-08. No liability for damages - Inmates are not employees

The state and its employees and the department of corrections and rehabilitation and its

divisions, departments, and employees may not be held liable for damages at common law or

by statute if an inmate covered under a program of modified workers' compensation coverage

under this chapter sustains a compensable injury while working in a prison industries work

program through roughrider industries. An inmate covered under a program of modified workers'

compensation coverage under this chapter is not an employee of the state or the department of

corrections and rehabilitation and its divisions and departments, except for the purpose of

modified workers' compensation coverage under this chapter.
N.D. Cent. Code § 65-04-32 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-32
65-04-32. Decisions by organization - Disputed decisions
Status: in_force

65-04-32. Decisions by organization - Disputed decisions

Notwithstanding any provisions to the contrary in chapter 28-32, the following procedures

apply when the organization issues a decision under this chapter or section 65-04-04.4:

1. The organization may issue a notice of decision based on an informal internal review

of the record and shall issue the notice of the decision on the parties by regular mail or

electronic means. The organization shall include with the decision a notice of the

employer's right to reconsideration.

2. An employer has forty-five days from the day the notice of decision was issued by the

organization by regular mail or electronic means to file a written request for

reconsideration. The request for reconsideration is considered filed only upon receipt

by the organization. The employer is not required to file the request through an

attorney. The request must state the reason for disagreement with the organization's

decision and the desired outcome. The request may be accompanied by additional

evidence not previously submitted to the organization. The organization shall

reconsider the matter by informal internal review of the information of record. Absent a

timely and sufficient request for reconsideration, the notice of decision is final and may

not be reheard or appealed.

3. After receiving a petition for reconsideration, unless settlement negotiations are

ongoing, the organization shall issue to the parties by regular mail or electronic means,

an administrative order including its findings of fact, conclusions of law, and order, in

response to the petition for reconsideration. The organization may serve an

administrative order on any decision made by informal internal review without first

issuing a notice of decision and receiving a request for reconsideration. If the

organization does not issue an order within sixty days of receiving a request for

reconsideration, a party may request, and the organization shall promptly issue, an

appealable determination.

4. A party has forty-five days from the date of issuance of an administrative order to file a

written request for rehearing. The request must state specifically each alleged error of

fact and law to be reheard and the relief sought. Absent a timely and sufficient request

for rehearing, the administrative order is final and may not be reheard or appealed.

5. Rehearings must be conducted as hearings under chapter 28-32 to the extent that

chapter does not conflict with this section.

6. An employer may appeal a posthearing administrative order to district court in

accordance with chapter 65-10. Chapter 65-10 does not preclude the organization

from appealing to district court a final order issued by a hearing officer under this title.
N.D. Cent. Code § 65-04-25 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-25
65-04-25. Service of nonresident employer in suit for premium or in suit against an uninsured employer
Status: in_force

65-04-25. Service of nonresident employer in suit for premium or in suit against an

uninsured employer.

If the employer in an action to collect delinquent premiums or for injuries sustained in the

employer's employment for which the employer did not carry the required insurance is a

nonresident of this state, or a foreign corporation or limited liability company doing business in

this state, service of the summons may be made upon any agent, representative, or foreman of

the employer in this state, or in the case of a foreign corporation, its director, and if there is no

agent, representative, or foreman, or in the case of a foreign corporation, director, upon whom

service can be made in this state, service upon the secretary of state constitutes personal

service upon that nonresident employer or corporation's director who has either failed to secure

the necessary coverage or who is delinquent in the employer's premiums, or service may be

made in any other manner designated by law. The organization may retain counsel who is

licensed in another state to represent the organization on a contingent or hourly fee basis in any

proceeding relating to the collection of amounts due the organization under this title. All

attorney's fees and costs incurred under this section are a charge to the general fund.
N.D. Cent. Code § 65-02-10 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-10
65-02-10. Organization to submit budget
Status: repealed

65-02-10. Organization to submit budget

Repealed by S.L. 1959, ch. 372, § 117.
N.D. Cent. Code § 65-05.1-02 — ND Code / Title 65 / Chapter 65-05.1 / Section 65-05.1-02
65-05.1-02. Organization responsibility
Status: in_force

65-05.1-02. Organization responsibility

The organization shall:

1. Appoint a director of rehabilitation services and such other staff as necessary to fulfill

the purposes of this chapter.

2. Cooperate with such federal or state agency as shall be charged with vocational

education, vocational rehabilitation, and job placement in order that any duplication of

effort can be avoided, as far as possible, in any individual claim.

3. Make determinations on individual claims as to the extent and duration of the

organization involvement under this chapter.

4. Enter into such agreements with other agencies and promulgate any rules or

regulations as may be necessary or advantageous in order to carry out the purpose of

this chapter.

5. Provide such rehabilitation services and allowances as may be determined by the

organization to be most beneficial to the worker within the limits of this chapter.

6. Establish medical assessment teams, the composition of which must be determined by

the organization on a case-by-case basis, as the nature of the injury may require, for

the purpose of assessing the worker's physical restrictions and limitations. The

medical assessment team must be provided the medical records compiled by the

worker's treating health care providers. The medical assessment team may consult the

worker's treating health care providers prior to making its final assessment of the

worker's functional capacities. The provisions of section 65-05-28 do not apply to the

medical findings made under this section.

7. Determine and report on a case-by-case basis, as the nature of the injury may require,

for the purpose of assessing the worker's transferable skills, employment options, and

the physical demand characteristics of the worker's employment options, and

determining which option available under subdivisions a through f of subsection 4 of

section 65-05.1-01 will enable the worker to return to employment within the physical

restrictions and limitations provided by the medical assessment team.
N.D. Cent. Code § 65-01-19 — ND Code / Title 65 / Chapter 65-01 / Section 65-01-19
65-01-19. Pilot programs - Report to legislative management
Status: repealed

65-01-19. Pilot programs - Report to legislative management

Repealed by S.L. 2023, ch. 585, § 3.
N.D. Cent. Code § 65-08.1-03 — ND Code / Title 65 / Chapter 65-08.1 / Section 65-08.1-03
65-08.1-03. Workforce safety and insurance company created - Stock requirements
Status: in_force

65-08.1-03. Workforce safety and insurance company created - Stock requirements

The North Dakota workforce safety and insurance may establish a stock insurance

company to provide extraterritorial workforce safety and insurance, other states insurance, and

employer's liability insurance to North Dakota employers insured by the organization. The

capital stock and surplus for the company must be paid out of the workforce safety and

insurance fund. The company shall have capital stock of at least five hundred thousand dollars

and a surplus of at least five hundred thousand dollars. The company may not issue an

insurance policy until fifty percent of the required capital stock and all of the required surplus

have been paid in, and the residue of capital stock must be paid in within twelve months from

the time of filing the articles of incorporation. The organization is the sole stockholder of the

company. The company must be incorporated pursuant to the laws of this state and is subject to

title 26.1 unless otherwise provided.
N.D. Cent. Code § 65-05-35 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-35
65-05-35. Closed claim - Presumption
Status: in_force

65-05-35. Closed claim - Presumption

1. A claim for benefits under this title is presumed closed if the organization has not paid

any benefit for a period of four years.

2. A claim that is presumed closed may not be reopened for payment of any further

benefits unless the presumption is rebutted by clear and convincing evidence that the

work injury is the primary cause of the current symptoms.

3. With respect to a claim that has been presumed closed, the employee shall provide

the organization written notice of reapplication for benefits under that claim. In case of

award of lost-time benefits, the award may commence no more than thirty days before

the date of reapplication. In case of award of medical benefits, the award may be for

medical services incurred no more than thirty days before the date of reapplication.

4. This section applies to all claims for injury, irrespective of injury date.
N.D. Cent. Code § 65-01-01 — ND Code / Title 65 / Chapter 65-01 / Section 65-01-01
65-01-01. Purposes of workforce safety and insurance law - Police power
Status: in_force

65-01-01. Purposes of workforce safety and insurance law - Police power

The state of North Dakota, exercising its police and sovereign powers, declares that the

prosperity of the state depends in a large measure upon the well-being of its wageworkers, and,

hence, for workers injured in hazardous employments, and for their families and dependents,

sure and certain relief is hereby provided regardless of questions of fault and to the exclusion of

every other remedy, proceeding, or compensation, except as otherwise provided in this title, and

to that end, all civil actions and civil claims for relief for those personal injuries and all jurisdiction

of the courts of the state over those causes are abolished except as is otherwise provided in this

title. A civil action or civil claim arising under this title, which is subject to judicial review, must be

reviewed solely on the merits of the action or claim. This title may not be construed liberally on

behalf of any party to the action or claim.
N.D. Cent. Code § 65-02-18 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-18
65-02-18. Administrative orders - Binding arbitration decisions - Appeals
Status: repealed

65-02-18. Administrative orders - Binding arbitration decisions - Appeals

Repealed by S.L. 1995, ch. 614, § 6.
N.D. Cent. Code § 65-05-20 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-20
65-05-20. Dependents have option of accepting amount of nondependency payments in lieu of dependency compensation
Status: repealed

65-05-20. Dependents have option of accepting amount of nondependency payments

in lieu of dependency compensation.

Repealed by S.L. 1969, ch. 565, § 2.
N.D. Cent. Code § 65-04-18 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-18
65-04-18. Subsequent injury or aggravation of previous injury or condition of employee - Charge to employer's risk - Charge of part of claim to subsequent injury fund
Status: in_force

65-04-18. Subsequent injury or aggravation of previous injury or condition of

employee - Charge to employer's risk - Charge of part of claim to subsequent injury fund.

Whenever a subsequent injury or aggravation of a previous injury or pre-existing condition

occurs to an employee, the risk of the employer for whom such person was working at the time

of such subsequent injury or aggravation shall be charged only with the amount of the awards

resulting from such subsequent injury or aggravation. Whenever such subsequent injury or

aggravation results in further disability or an aggravation of a pre-existing injury or condition, the

compensation which is in excess of the amount to which the injured employee would have been

entitled solely by reason of the subsequent injury or aggravation shall be charged to the

subsequent injury fund and not to the classification or the risk to which the subsequent injury or

aggravation is charged.
N.D. Cent. Code § 65-05-15 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-15
65-05-15. Aggravation awards
Status: in_force

65-05-15. Aggravation awards

When a compensable injury combines with a noncompensable injury, disease, or other

condition, the organization shall award benefits on an aggravation basis, on the following terms:

1. In cases of a prior injury, disease, or other condition, known in advance of the work

injury, which has caused previous work restriction or interference with physical function

the progression of which is substantially accelerated by, or the severity of which is

substantially worsened by, a compensable injury, the organization shall pay benefits

during the period of acute care in full. The period of acute care is presumed to be sixty

days immediately following the compensable injury, absent clear and convincing

evidence to the contrary. Following the period of acute care, the organization shall pay

benefits on an aggravation basis.

2. If the progression of a prior compensable injury is substantially accelerated by, or the

severity of the compensable injury is substantially worsened by a noncompensable

injury, disease, or other condition, the organization shall pay benefits on an

aggravation basis.

3. The organization shall pay benefits on an aggravation basis as a percentage of the

benefits to which the injured worker would otherwise be entitled, equal to the

percentage of cause of the resulting condition that is attributable to the compensable

injury. Benefits payable on an aggravation basis are presumed to be payable on a fifty

percent basis. The party asserting a percentage other than the presumed fifty percent

may rebut the presumption with clear and convincing evidence to the contrary.

4. When an injured worker is entitled to benefits on an aggravation basis, the

organization shall still pay costs of vocational rehabilitation, burial expenses under

section 65-05-26, travel, other personal reimbursement for seeking and obtaining

medical care under section 65-05-28, and dependency allowance on a one hundred

percent basis.
N.D. Cent. Code § 65-04-12 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-12
65-04-12. Penalties for failure to obtain coverage or to make payroll reports - How collected - Disposition
Status: repealed

65-04-12. Penalties for failure to obtain coverage or to make payroll reports - How

collected - Disposition.

Repealed by S.L. 2001, ch. 578, § 17.
N.D. Cent. Code § 65-02-16 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-16
65-02-16. Removal of a panel member
Status: repealed

65-02-16. Removal of a panel member

Repealed by S.L. 1993, ch. 614, § 13.
N.D. Cent. Code § 65-02-01.3 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-01.3
65-02-01.3. Workforce safety and insurance - Executive director - Governor to appoint - Personnel
Status: in_force

65-02-01.3. Workforce safety and insurance - Executive director - Governor to

appoint - Personnel.

Notwithstanding any other provisions of law, the governor shall appoint a director of

workforce safety and insurance who shall serve at the pleasure of the governor. The governor

shall set the compensation and prescribe the duties of the director. Each employee of workforce

safety and insurance must occupy a position in the classified service and must be subject to the

provisions of the state personnel system provided in chapter 54-44.3.
N.D. Cent. Code § 65-04-26.1 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-26.1
65-04-26.1. Corporate officer personal liability
Status: in_force

65-04-26.1. Corporate officer personal liability

1. An officer or director of a corporation, or manager or governor of a limited liability

company, or partner of a limited liability partnership, or employee of a corporation or

limited liability company having twenty percent stock ownership who has control of or

supervision over the filing of and responsibility for filing payroll reports or making

payment of premiums or reimbursements under this title and who fails to file the

reports or to make payments as required, is personally liable for premiums under this

chapter and reimbursement under section 65-04-04.4, including interest, penalties,

and costs if the corporation or limited liability company does not pay to the

organization those amounts for which the corporation or limited liability company is

liable.

2. The personal liability of any person as provided in this section survives dissolution,

reorganization, bankruptcy, receivership, or assignment for the benefit of creditors. For

the purposes of this section, all wages paid by the corporation or limited liability

company must be considered earned from any person determined to be personally

liable.

3. After review of the evidence in the employer's file, the organization shall determine

personal liability under this section. The organization shall issue a decision under this

section pursuant to section 65-04-32.
N.D. Cent. Code § 65-04-19 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-19
65-04-19. Organization to assign rate classifications, calculate premium, and determine premium due from employer - Audit - Notification of billing statement as notice of amount due
Status: in_force

65-04-19. Organization to assign rate classifications, calculate premium, and

determine premium due from employer - Audit - Notification of billing statement as notice

of amount due.

1. The organization shall assign rate classifications based on information provided to the

organization by the employer or information gathered through the organization's

investigative process.

2. The organization shall determine the amount of premium due from every employer

subject to this title for the twelve months next succeeding the date of expiration of a

previous period of insurance or next succeeding the date at which the organization

received information an employer is subject to the title.

3. The organization may calculate an employer's premium without employer-supplied

wages if the organization does not receive the employer's payroll report or does not

receive reliable and accurate payroll information from the employer. The organization's

premium calculation using the wage cap in effect per employee reported in the

previous payroll report, using information obtained through the organization's

investigative process, or using data obtained from job service North Dakota is

presumed accurate.

4. The organization may audit an employer conducting business in this state. Audit

findings are applicable to the audited period and the subsequent payroll period only,

unless the audit referral is made for a potential violation of section 65-04-33.

5. The organization shall send a copy of the billing statement to the employer. Sending

the billing statement, by mail or electronically, constitutes notice to the employer of the

amount due.
N.D. Cent. Code § 65-02-01.1 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-01.1
65-02-01.1. Workforce safety and insurance
Status: in_force

65-02-01.1. Workforce safety and insurance

The legislative council may delete, where appropriate, "workers compensation bureau",

"North Dakota workers compensation bureau", or any derivatives of those terms, which when

used in context indicate an intention to refer to those terms, wherever they appear in the North

Dakota Century Code or in the supplements thereto and to insert in lieu of each deletion

"workforce safety and insurance". Such changes are to be made when any volume or

supplement of the North Dakota Century Code is being reprinted. It is the intent of the legislative

assembly that workforce safety and insurance be substituted for, shall take any action

previously to be taken by, and shall perform any duties previously to be performed by the

workers compensation bureau. The legislative council may replace "bureau", where appropriate,

wherever the term appears in the North Dakota Century Code or in the supplements of the

North Dakota Century Code, with the term "organization". These changes are to be made when

any volume or supplement is being reprinted.
N.D. Cent. Code § 65-02-13 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-13
65-02-13. Organization may reinsure risks
Status: in_force

65-02-13. Organization may reinsure risks

The organization may reinsure any risk or any part thereof and may enter into agreements

of reinsurance.
N.D. Cent. Code § 65-06-04 — ND Code / Title 65 / Chapter 65-06 / Section 65-06-04
65-06-04. Assessment of premiums
Status: in_force

65-06-04. Assessment of premiums

For the purpose of making assessments of premiums to be charged against municipalities

for protection of volunteer firefighters, emergency or disaster volunteers, volunteer health

practitioners, and community emergency response team members, the organization shall make

such survey as may seem advisable to ascertain the probable annual expenditures necessary

to be paid out of the fund to carry out this chapter, and shall fix the annual charges and

assessments which must be made against municipalities employing volunteer firefighters,

emergency or disaster volunteers, volunteer health practitioners, and community emergency

response team members. The charge must be a fixed sum for each one hundred of the

population of the municipality involved and uniform as to all such involved municipalities but in

proportion to the population of the municipality. In determining the amount of premium charge,

the organization may apply the system of experience rating provided in this title, as applied to

other risks. The organization may establish a minimum charge or assessment to be applicable

to any municipality for which the fixed rate or charge multiplied by the number of hundreds of

the population of the municipality would amount to less than the amount of the minimum charge

or assessment. The population of a municipality shall be that shown by the latest official North

Dakota state or United States government census, whichever may be the later.
N.D. Cent. Code § 65-02-13.1 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-13.1
65-02-13.1. Expenditures by organization for reinsurance and extraterritorial coverage and other states' insurance - Report in annual financial audit
Status: in_force

65-02-13.1. Expenditures by organization for reinsurance and extraterritorial coverage

and other states' insurance - Report in annual financial audit.

There is appropriated out of the workforce safety and insurance fund, as a continuing

appropriation, an amount necessary to allow the organization to establish a program of

reinsurance and a program of extraterritorial coverage and other states' insurance. The

organization may execute a contract for reinsurance and a contract for extraterritorial coverage

and other states' insurance binding on the organization and the contracting party. The term

identified in the contract may extend past the end of the biennium in which a contract under this

section is executed. The independent annual financial audit report on the organization shall

report on any contract executed pursuant to this section.
N.D. Cent. Code § 65-07-04 — ND Code / Title 65 / Chapter 65-07 / Section 65-07-04
65-07-04. Benefits
Status: repealed

65-07-04. Benefits

Repealed by S.L. 1999, ch. 550, § 5.
N.D. Cent. Code § 65-02-27 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-27
65-02-27. Decision review office
Status: in_force

65-02-27. Decision review office

The organization's decision review office is established. The decision review office is

independent of the claims department of the organization and activities administered through

the office must be administered in accordance with this title. The decision review office shall

provide assistance to an injured employee who has filed a claim, which may include acting on

behalf of an injured employee who is aggrieved by a decision of the organization,

communicating with organization staff regarding claim dispute resolution, and informing an

injured employee of the effect of decisions made by the organization, an injured employee, or

an employer under this title. The organization shall employ a director of the decision review

office and other personnel determined to be necessary for the administration of the office. An

individual employed to administer the decision review office may not act as an attorney for an

injured employee. The organization may not pay attorney's fees to an attorney who represents

an injured employee in a disputed claim before the organization unless the injured employee

has first attempted to resolve the dispute through the decision review office. A written request for

assistance by an injured employee who contacts the decision review office within the period for

requesting a hearing on an administrative order tolls the time period for requesting a hearing on

that order. The period begins upon notice to the injured employee, issued by regular mail or

electronic means, that the decision review office's assistance to the injured employee is

completed. The information contained in a file established by the decision review office on an

injured employee's disputed claim, including communications from an injured employee, is

privileged and may not be released without the injured employee's permission. Information in

the file containing the notes or mental impressions of decision review office staff is confidential

and may not be released by the decision review office.
N.D. Cent. Code § 65-07-01 — ND Code / Title 65 / Chapter 65-07 / Section 65-07-01
65-07-01. Employer, spouse and children of employer, self-employed, and volunteers may secure coverage
Status: in_force

65-07-01. Employer, spouse and children of employer, self-employed, and volunteers

may secure coverage.

Any employer, by special contract with the organization, may secure workforce safety and

insurance coverage for injuries to the employer's own person or for the employer's own death.

Any employer also may secure coverage for that employer's spouse and children.

Self-employed persons may contract with the organization for workforce safety and insurance

coverage for themselves. In addition, any volunteer organization, not otherwise provided for

under this title, may contract with the organization for workforce safety and insurance coverage

for its own members while its members are engaged in the specific activity provided for in the

contract.
N.D. Cent. Code § 65-01-10 — ND Code / Title 65 / Chapter 65-01 / Section 65-01-10
65-01-10. Waiver of rights to compensation void - Deduction of premium from employee prohibited - Penalty
Status: in_force

65-01-10. Waiver of rights to compensation void - Deduction of premium from

employee prohibited - Penalty.

No agreement by an employee to waive rights to compensation under this title is valid

except as provided in section 65-05-25. No agreement by any employee to pay any portion of

the premium paid or payable by the employer into the fund is valid, and any employer who

deducts any portion of the premium from the wages or salary of any employee eligible for

benefits under this title is guilty of a class A misdemeanor and is subject to a penalty of up to

five thousand dollars. The organization may reduce the penalties provided under this section.

An employer may not appeal an organization decision not to reduce a penalty under this

section.
N.D. Cent. Code § 65-04-15 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-15
65-04-15. Information in employer's files confidential - Exceptions - Penalty if employee of organization divulges information
Status: in_force

65-04-15. Information in employer's files confidential - Exceptions - Penalty if

employee of organization divulges information.

1. The information contained in an employer's file is confidential and not subject to

disclosure under chapter 44-04 and section 6 of article XI of the Constitution of North

Dakota, is for the exclusive use and information of the organization or its agents in the

discharge of the organization's official duties, and is not open to the public nor usable

in any court in any court action or proceeding unless the organization is a party to that

court action or proceeding. The information contained in the file, however, may be

tabulated and published by the organization in statistical form for the use and

information of the state departments and of the public.

2. An employer file includes all documents and data pertaining to a person that pays

premium to the organization, except for information relating to a grant award under

section 65-03-04 which the organization is specifically authorized to disclose or under

section 65-03-04 which does not disclose payroll or premium information as provided

in subsection 3.

3. Upon request, the organization shall disclose the rate classification of an employer to

the requester; however, the organization may not disclose any information that would

reveal the amount of payroll upon which that employer's premium is being paid or the

amount of premium the employer is paying. The organization may disclose whether an

employer's file is active, canceled, closed, pending, delinquent, or uninsured. The

information in the employer's file may not be released in aggregate form, except to

those persons contracting with the organization for exchange of information pertaining

to the administration of this title, except upon written authorization by the employer for

a specified purpose, or at the discretion of the organization with regard to delinquent

and uninsured employers. Disclosure by a public servant of information contained in

an employer's report, except as otherwise allowed by law, is a violation of section
N.D. Cent. Code § 65-08-02 — ND Code / Title 65 / Chapter 65-08 / Section 65-08-02
65-08-02. Reciprocity in extraterritorial application of compensation acts of various states provided
Status: repealed

65-08-02. Reciprocity in extraterritorial application of compensation acts of various

states provided.

Repealed by S.L. 1991, ch. 718, § 2.
N.D. Cent. Code § 65-05-07.1 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-07.1
65-05-07.1. Organization to adopt fee schedule
Status: repealed

65-05-07.1. Organization to adopt fee schedule

Repealed by S.L. 1999, ch. 554, § 4.
N.D. Cent. Code § 65-04-02 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-02
65-04-02. Reserves - Surplus
Status: in_force

65-04-02. Reserves - Surplus

1. The organization shall maintain adequate financial reserves to ensure the solvency of

the fund and the payment of future benefit obligations, based upon actuarially sound

principles. The discount rate used in evaluating the financial reserves may not exceed

six percent. The level of financial reserves plus available surplus determined as of

June thirtieth of each year must be at least one hundred twenty percent but may not

exceed one hundred forty percent of the actuarially established discounted reserve.

2. If the level of financial reserves plus available surplus determined as of June thirtieth

of any year is below one hundred twenty percent of the actuarially established

discounted reserve, the organization may not issue premium dividends and,

notwithstanding section 65-04-01, the organization shall modify recommended

premium rate levels so that the organization is estimated to come into compliance

within the following two years.

3. If the level of financial reserves plus available surplus determined as of June thirtieth

of any year is above one hundred forty percent of the actuarially established

discounted reserve, the organization shall issue premium dividends in a fiscally

prudent manner so that the organization is estimated to come into compliance with the

requirements of subsection 1 within the following two years. However, premium

dividends issued may not exceed fifty percent of the preceding year's premium in any

given year.

4. If the level of financial reserves plus available surplus determined as of June thirtieth

of any year is between one hundred twenty percent and one hundred thirty percent of

the actuarially established discounted reserve, the organization may not issue

premium dividends.

5. If the level of financial reserves plus available surplus determined as of June thirtieth

of any year is one hundred thirty percent to one hundred forty percent of the actuarially

established discounted reserve, the organization may issue premium dividends.

However, premium dividends issued may not exceed forty percent of the preceding

year's premium in any given year, and the level of financial reserves plus available

surplus may not be reduced below one hundred thirty percent.

6. For the purposes of this section, "available surplus" means net assets as stated on the

statement of net assets of the organization, but does not include funds designated or

obligated to specific programs or projects pursuant to a directive or specific approval

by the legislative assembly.

7. The independent annual financial audit of the organization must report the

organization's financial reserves.
N.D. Cent. Code § 65-05-21 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-21
65-05-21. Marriage settlement to spouse
Status: in_force

65-05-21. Marriage settlement to spouse

If a spouse who receives compensation under the provisions of subsection 1 of section

65-05-17 remarries, there shall be paid to such spouse a lump sum equal to one hundred four

weeks' compensation. If, prior to such marriage, such spouse has received a partial lump sum

settlement which covers all or any portion of the said one hundred four weeks following such

spouse's marriage, the amount of such partial lump sum settlement which covers all or any part

of the said one hundred four weeks following such spouse's marriage shall be deducted from

such marriage settlement, and the spouse shall receive only the remainder, if any, over and

above such deduction. Any judgment annulling such marriage shall not reinstate the right of

such spouse to compensation if the action for annulment is instituted more than six months after

the marriage. The provisions of this section apply only to remarriages that occur before

August 1, 2003, regardless of the date of injury or date of death of the decedent.
N.D. Cent. Code § 65-02-11 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-11
65-02-11. Process and procedure - Investigations - Examination of witnesses - Costs
Status: in_force

65-02-11. Process and procedure - Investigations - Examination of witnesses - Costs

Except as otherwise provided by this title, process and procedure under this title is

governed by chapter 28-32. The organization may make investigation as in its judgment is best

calculated to ascertain the substantial rights of all the parties. Any member of the organization

and any person specifically designated by the organization may examine witnesses and

records, with or without subpoena, examine, investigate, copy, photograph, and take samples at

any pertinent location or facility, administer oaths to witnesses, require the attendance of

witnesses without fee whenever the testimony is taken at the home, office, or place of work of

those witnesses, and generally to do anything necessary to facilitate or promote the efficient

administration of this title. The organization may issue a subpoena to compel the attendance of

witnesses and the production of books, papers, correspondence, memoranda, and any other

records deemed necessary by the organization. Subpoenas may be enforced by applying to a

judge of the district court for an order requiring the attendance of a witness, the production of all

documents and objects described in the subpoena, or otherwise enforcing an order. Failure to

comply with the order of the district court is contempt as provided in chapter 27-10. The

organization shall pay the costs of any medical examination, scientific investigation, medical or

expert witness appearance or report, requested or approved by the organization, relating to a

claim for benefits, from the organization's general fund.
N.D. Cent. Code § 65-05-10 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-10
65-05-10. Partial disability - Weekly benefit
Status: in_force

65-05-10. Partial disability - Weekly benefit

1. If the injury causes temporary partial disability resulting in decrease of earning

capacity, the disability benefit is sixty-six and two-thirds percent of the difference

between the injured employee's average weekly wage and the injured employee's

wage-earning capacity after the injury in the same or another employment. Partial

disability benefits are subject to a maximum of one hundred twenty-five percent of the

average weekly wage in the state. The combined partial disability benefits,

dependency allowance, and postinjury wage-earning capacity may not exceed ninety

percent of the average weekly wage of the injured employee.

2. The benefits provided by this section are available to any otherwise eligible worker,

providing the loss of earning capacity occurs after July 1, 1989. Partial loss of earning

capacity occurring prior to July 1, 1989, must be paid at a rate to be fixed by the

organization.

3. Benefits must be paid during the continuance of partial disability, not to exceed a

period of five years. The organization may waive the five-year limit on the duration of

partial disability benefits in cases of catastrophic injury as defined in section

65-05.1-06.1 or when the injured worker is working and has long-term restrictions

verified by clear and convincing objective medical and vocational evidence that limits

the injured worker to working less than twenty-eight hours per week because of the

compensable work injury. This subsection is effective for partial loss of earnings

capacity occurring after June 30, 1991.

4. The employee's earnings capacity may be established by expert vocational evidence

of a capacity to earn in the statewide job pool where the worker lives. Actual postinjury

earnings are presumptive evidence of earnings capacity if the job employs the

employee to full work capacity in terms of hours worked per week, and if the job is in a

field related to the employee's transferable skills. The presumption may be rebutted by

competent evidence from a vocational expert that the employee's actual earnings do

not fairly reflect the employee's earnings capacity in the statewide job pool,

considering the employee's capabilities, education, experience, and skills.
N.D. Cent. Code § 65-02-36 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-36
65-02-36. Attorney's fees for legal review of proposed settlement
Status: in_force

65-02-36. Attorney's fees for legal review of proposed settlement

The organization shall pay up to five hundred dollars to an attorney for review of a proposed

settlement offered to an injured employee, if the employee to whom the settlement is offered

was not represented by an attorney at the time the offer was made. Subdivisions d and e of

subsection 2 of section 65-02-35 apply to the payment of fees under this section. The

organization may reimburse an attorney for costs under this section according to subsections 3,

4, and 5 of section 65-02-35. Fees and costs under this section are payable regardless of

whether the injured employee accepts the settlement proposal.
N.D. Cent. Code § 65-06-05 — ND Code / Title 65 / Chapter 65-06 / Section 65-06-05
65-06-05. Reimbursement by state for liability in excess of premiums collected
Status: in_force

65-06-05. Reimbursement by state for liability in excess of premiums collected

Whenever liability on claims against the fund credited to the classification of emergency or

disaster volunteers and trainees or volunteer health practitioners as defined under chapter

37-17.4 exceeds the amount of premiums paid into the fund, such excess liabilities are a

general obligation of the state of North Dakota and must be reimbursed to the organization for

credit to the workforce safety and insurance fund by legislative appropriation.
N.D. Cent. Code § 65-05-29 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-29
65-05-29. Assignment of claims void - Claims exempt
Status: in_force

65-05-29. Assignment of claims void - Claims exempt

1. Any assignment of a claim for compensation under this title is void. All compensation

and claims therefor are exempt from claims of creditors except any of the following:

a. A child support obligation ordered by a court of competent jurisdiction.

b. A claim by job service North Dakota for reimbursement of unemployment

benefits, for the amount that was paid by job service North Dakota during the

period for which the claimant is found eligible for temporary total or permanent

total disability benefits, not to exceed the disability award actually made by the

organization.

c. A claim by the organization for any payments made due to:

(1) Clerical error, mistake of identity, innocent misrepresentation by or on behalf

of the recipient, or any other circumstance of a similar nature, all not

induced by fraud, in which cases the recipient shall repay it or recoupment

of any unpaid amount may be made from any future payments due to the

recipient on any claim with the organization;

(2) An adjudication by the organization or by order of any court, if the final

decision is that the payment was made under an erroneous adjudication, in

which cases the recipient shall repay it or recoupment of any unpaid amount

may be made from any future payments due to the recipient on any claim

with the organization;

(3) Fraud, in which case the recipient shall repay the payment or the unpaid

amount of the sum may be recouped from any future payments due to the

recipient on any claim with the organization;

(4) Overpayment due to application of section 65-05-09.1; or

(5) A claim by the organization for premiums, penalties, and interest under

2. a. Notwithstanding paragraph 2 of subdivision c of subsection 1, during the sixty

days immediately following the date of injury, if the organization accrues a health

care provider expense or makes a payment for a medical expense and the

organization later determines the medical expense is for the care and treatment

of a noncompensable injury, disease, or other condition, the injured employee is

not liable for the medical expense accrued or paid by the organization before the

earlier of:

(1) The third day following the date the organization makes a determination the

medical expense is for a noncompensable injury, disease, or condition; or

(2) The third day following the date the injured employee or medical provider

reasonably should have known the medical expense is for a

noncompensable injury, disease, or condition.

b. Medical expenses incurred under this subsection may not be charged against an

employer's account for purposes of experience rating.
N.D. Cent. Code § 65-01-17 — ND Code / Title 65 / Chapter 65-01 / Section 65-01-17
65-01-17. Agricultural employment exemption - Custom agricultural operations
Status: in_force

65-01-17. Agricultural employment exemption - Custom agricultural operations

For purposes of the agricultural service exception to hazardous employment under section

65-01-02, an agricultural employer that engages in a custom agricultural operation, which is the

planting, care, or harvesting of grain or field crops on a contract-for-hire basis, exclusive of

hauling by special contractor, retains the exemption unless the employer's custom agricultural

operations are based outside this state or require more than thirty actual working days of

operation during the calendar year.
N.D. Cent. Code § 65-05-31 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-31
65-05-31. False statement - Penalty
Status: repealed

65-05-31. False statement - Penalty

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 65-05-27 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-27
65-05-27. Organization without probate proceedings may pay spouse of deceased claimant sum due deceased - Maximum payment
Status: in_force

65-05-27. Organization without probate proceedings may pay spouse of deceased

claimant sum due deceased - Maximum payment.

If a compensation claimant dies, the organization, without probate proceedings, may pay to

the spouse of such claimant, if living, or in the event of the claimant's spouse's death or

incompetency, to any adult person who has assumed or paid the expenses of the last illness or

funeral expense of the said claimant, the amount actually due claimant's estate, not to exceed

the sum of one thousand dollars.
N.D. Cent. Code § 65-04-11 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-11
65-04-11. Organization may make examinations under oath to secure payroll information
Status: in_force

65-04-11. Organization may make examinations under oath to secure payroll

information.

The director, the organization, or any person employed by the organization for that purpose

may examine under oath any employer, or any officer, agent, or employee of any employer, for

the purpose of ascertaining any information which the employer is required under this title to

furnish to the organization.
N.D. Cent. Code § 65-02-07 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-07
65-02-07. Organization to have seal
Status: repealed

65-02-07. Organization to have seal

Repealed by S.L. 2019, ch. 525, § 9.
N.D. Cent. Code § 65-05-02 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-02
65-05-02. Form in which claim must be filed
Status: in_force

65-05-02. Form in which claim must be filed

Every claim must be made on forms to be furnished by the organization and must contain

all the information required by it. Each claim must be signed by the person entitled to

compensation or by the person acting on that person's behalf and, except in case of death,

must be accompanied by a certificate of the employee's doctor stating that the employee was

physically examined, stating the nature of the injury and the nature and probable extent of the

disability. For any reasonable cause shown, the organization may waive the provisions of this

section.
N.D. Cent. Code § 65-01-15 — ND Code / Title 65 / Chapter 65-01 / Section 65-01-15
65-01-15. Yearly documentation required for firefighter and law enforcement officer
Status: in_force

65-01-15. Yearly documentation required for firefighter and law enforcement officer

Except for benefits for an exposure to a bloodborne pathogen as defined by section

23-07.5-01 occurring in the course of employment, a full-time paid firefighter or law enforcement

officer who uses tobacco is not eligible for the benefits provided under sections 65-01-15.1 and

65-01-15.2, unless the full-time paid firefighter or law enforcement officer provides yearly

documentation from a health care provider which indicates the full-time paid firefighter or law

enforcement officer has not used tobacco for the preceding two years.
N.D. Cent. Code § 65-07.1-04 — ND Code / Title 65 / Chapter 65-07.1 / Section 65-07.1-04
65-07.1-04. Benefits - Filing procedures
Status: in_force

65-07.1-04. Benefits - Filing procedures

In the event that the organization has contracted with a sponsoring agency or organization

to provide such coverage, any participant in a vocational training or work evaluation program

who suffers an injury or disease as defined in section 65-01-02, while in the course of such

participation shall be entitled to such medical, surgical, and hospital benefits and supplies as the

nature of the injury may require. In addition, the organization shall provide such other benefits,

to the extent as provided or limited by this title, as are specifically set out in the contract with the

sponsoring agency or organization. All original claims shall be filed within such time and in

accordance with such procedures as provided in chapter 65-05.
N.D. Cent. Code § 65-05-12 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-12
65-05-12. Permanent impairment - Compensation - Time paid
Status: repealed

65-05-12. Permanent impairment - Compensation - Time paid

Repealed by S.L. 1995, ch. 624, § 2.
N.D. Cent. Code § 65-05-18 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-18
65-05-18. Provisions of section 65-05-17 retroactive
Status: repealed

65-05-18. Provisions of section 65-05-17 retroactive

Repealed by omission from this code.
N.D. Cent. Code § 65-04-28 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-28
65-04-28. Complying employers not liable for injuries to or deaths of employees - Common-law actions barred
Status: in_force

65-04-28. Complying employers not liable for injuries to or deaths of employees -

Common-law actions barred.

Employers who comply with the provisions of this chapter shall not be liable to respond in

damages at common law or by statute for injury to or death of any employee, wherever

occurring, during the period covered by the premiums paid into the fund.
N.D. Cent. Code § 65-05.1-07 — ND Code / Title 65 / Chapter 65-05.1 / Section 65-05.1-07
65-05.1-07. Person furnishing training exempt from civil liability - Injured employee's remedy
Status: in_force

65-05.1-07. Person furnishing training exempt from civil liability - Injured employee's

remedy.

Any person, partnership, corporation, limited liability company, association, or agency that

furnishes on-the-job or other similar training to an injured employee as the result of a

rehabilitation contract, without establishing an employment relationship with the injured

employee, is exempt from all civil liability.
N.D. Cent. Code § 65-05-36 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-36
65-05-36. Preferred worker program - Continuing appropriation
Status: in_force

65-05-36. Preferred worker program - Continuing appropriation

For purposes of this section, "preferred worker" means a worker who has incurred a

compensable injury that resulted in a disability that poses a substantial obstacle to employment.

The organization may provide assistance as determined appropriate to preferred workers or

employers who employ a preferred worker. In addition, employers who apply for and are

approved as a preferred worker employer may not be assessed premiums on a preferred

worker's salary for three years from the date of hiring. The organization may not charge claims

costs incurred as a result of an injury sustained by a preferred worker against the preferred

worker's employer's account during the first three years after the worker is hired. The

organization shall charge those claims costs to the general fund. The organization may adopt

rules to regulate and manage the preferred worker program authorized by this section. An

employer or preferred worker may not appeal an organization decision not to provide assistance

to that employer or preferred worker under this section. Money in the workforce safety and

insurance fund is appropriated on a continuing basis to provide the assistance authorized under

this section.