N.D. Cent. Code § 65-04-04.2 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-04.2
65-04-04.2. Basis of calculating premiums
Status: in_force

65-04-04.2. Basis of calculating premiums

1. For each year, the amount of an employee's wages subject to premium calculations

must be determined as an amount equal to seventy percent of the statewide average

annual wage, hereafter referred to as limited payroll, rounded to the nearest one

hundred dollars, determined by the organization on or before July first as calculated by

job service North Dakota under subsection 3 of section 52-04-03.

2. The rates for each classification must be determined by:

a. Estimating the revenue needed by each employment classification;

b. Estimating the total limited payroll to be reported by all employers in each

employment classification for the year; and

c. Dividing the estimated revenue needed by an employment classification by the

estimated total limited payroll in that classification to determine the required

average premium for that classification rate.
N.D. Cent. Code § 65-02-03.1 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-03.1
65-02-03.1. Workforce safety and insurance board of directors - Appointment
Status: in_force

65-02-03.1. Workforce safety and insurance board of directors - Appointment

1. The board consists of eleven members. The appointment and replacement of the

members must ensure that:

a. Six board members represent employers in this state which maintain active

accounts with the organization. Two of the employer members must be

employers with annual premiums, which at the time of the member's initial

appointment were greater than twenty-five thousand dollars; one of the employer

members must be an employer with an annual premium, which at the time of the

member's initial appointment was less than twenty-five thousand dollars; one of

the employer members must be an employer with an annual premium, which at

the time of the member's initial appointment was less than ten thousand dollars;

and two of the employer members must be employer at-large representatives.

Except for the employer at-large representatives, each employer representative

must be a principal owner, chief executive officer, or chief financial officer of the

employer.

b. Three members represent employees. Of the three employee members, one

member must represent organized labor and one other member must have

received workforce safety and insurance wage-loss benefits at some time during

the ten years before the member's initial appointment.

c. One member is a member of the North Dakota medical association.

d. One member is a member at large who must be a resident of this state and at

least twenty-one years of age.

2. Board members shall serve four-year terms. The governor shall make the necessary

appointments to ensure the term of office of members begins on January first of each

even-numbered year. A board member may not serve more than two consecutive

terms.

a. A departing member representing an employer must be replaced by a member

representing an employer, most of whose employees are in a different rate

classification than those of the employer represented by the departing member.

The governor shall appoint the member for an employer representative from a list

of three potential candidates submitted by an organization of business

associations. The organization shall accept qualified candidate recommendations

received from representatives from the associated general contractors of North

Dakota, the North Dakota petroleum council, the greater North Dakota chamber

of commerce, the North Dakota motor carriers association, the North Dakota

hospital association, the national federation of independent business, the lignite

energy council, and other statewide business interests.

b. The governor shall select the member for the organized labor employee

representative from a list of three potential candidates submitted by an

organization that is statewide in scope and which through the organization's

affiliates embraces a cross section and a majority of organized labor in this state.

c. The governor shall select the two employee representatives who do not represent

organized labor and the member at large.

d. The governor shall select the member representing the North Dakota medical

association from a list of three potential candidates submitted by the North

Dakota medical association.

e. Within the thirty days following receipt of a list of potential candidates

representing employers, organized labor, or the North Dakota medical

association, the governor may reject the list and request that the submitting entity

submit a new list of potential candidates.

3. Vacancies in the membership of the board must be filled for the unexpired term by

appointment by the governor as provided in this section.
N.D. Cent. Code § 65-04-20 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-20
65-04-20. Installment payment of premiums - Interest required
Status: in_force

65-04-20. Installment payment of premiums - Interest required

An employer, subject to section 65-04-22, may pay the annual premium in installments.

Interest must be charged at the prevailing base rate posted by the Bank of North Dakota

plus two and one-half percent. The interest charged must be at least six percent per annum.

Interest must be charged on all premiums deferred under this section. Upon default in payment

of any installment, the penalties apply which are provided in sections 65-04-22 and 65-04-33.
N.D. Cent. Code § 65-06.2-06 — ND Code / Title 65 / Chapter 65-06.2 / Section 65-06.2-06
65-06.2-06. Rulemaking - Participation in state entities account
Status: in_force

65-06.2-06. Rulemaking - Participation in state entities account

The organization, in cooperation with the department of corrections and rehabilitation and

the risk management division of the office of management and budget, shall adopt

administrative rules and fee schedules for a program of modified workers' compensation

coverage established and provided under this section and sections 65-06.2-04, 65-06.2-05, and
N.D. Cent. Code § 65-09-01 — ND Code / Title 65 / Chapter 65-09 / Section 65-09-01
65-09-01. Liability of uninsured employer for injury to employees
Status: in_force

65-09-01. Liability of uninsured employer for injury to employees

1. Any employer subject to this title that is uninsured is not protected by the immunity

from civil liability granted to employers under this title for injuries to that employer's

employees for damages suffered by reason of injuries sustained in the course of

employment and to the dependents and legal representatives of an employee whose

death results from injuries sustained in the course of employment. The employer is

liable for the premiums, reimbursements, penalties, and interest provided for in this

title.

2. The organization may establish a procedure to determine whether a person is an

employer required to obtain workers' compensation coverage under this title and to

require a person asserting independent contractor status to file a statement annually

with the organization certifying that status. A determination under this section that a

person is not required to be insured is effective for no more than one year from the

date the person is notified of the determination. The organization retains continuing

jurisdiction over determinations made under this section and may reconsider or revoke

its decision at any time.
N.D. Cent. Code § 65-01-13 — ND Code / Title 65 / Chapter 65-01 / Section 65-01-13
65-01-13. Information fund - Continuing appropriation
Status: repealed

65-01-13. Information fund - Continuing appropriation

Repealed by S.L. 2023, ch. 465, § 8.
N.D. Cent. Code § 65-01-09 — ND Code / Title 65 / Chapter 65-01 / Section 65-01-09
65-01-09. Injury through negligence of third person - Option of employee - Organization subrogated when claim filed - Lien created
Status: in_force

65-01-09. Injury through negligence of third person - Option of employee -

Organization subrogated when claim filed - Lien created.

When an injury or death for which compensation is payable under provisions of this title has

been sustained under circumstances creating in some person other than the organization a

legal liability to pay damages in respect thereto, the injured employee, or the injured employee's

dependents may claim compensation under this title and proceed at law to recover damages

against such other person.

1. The organization is subrogated to the rights of the injured employee or the injured

employee's dependents to the extent of fifty percent of the damages recovered up to a

maximum of the total amount the organization has paid or would otherwise pay in the

future in compensation and benefits for the injured employee. The organization also

has a lien to the extent of fifty percent of the damages recovered up to a maximum of

the total amount the organization has paid in compensation and benefits. The

organization's subrogation interest or lien may not be reduced by settlement,

compromise, or judgment. The action against such other person may be brought by

the injured employee, or the injured employee's dependents in the event of the injured

employee's death. Such action shall be brought in the injured employee's or in the

injured employee's dependents' own right and name and as trustee for the

organization for the subrogation interest of the organization. However, if the director

chooses not to participate in an action, and the decision is in writing, the organization

has no subrogation interest and no obligation to pay fees or costs under this section

and no lien.

2. If the injured employee or the injured employee's dependents do not institute suit

within sixty days after date of injury, the organization may bring the action in its own

name and as trustee for the injured employee or the injured employee's dependents

and retain as its subrogation interest the full amount it has paid or would otherwise pay

in the future in compensation and benefits to the injured employee or the injured

employee's dependents and retain as its lien the full amount the organization has paid

in compensation and benefits. In the alternative, the organization may bring an action

against a third party to recover its lien for benefits paid to the injured employee. Within

sixty days after both the injured employee and the organization have declined to

commence an action against a third person as provided above, the employer may

bring the action in the employer's own name or in the name of the injured employee, or

both, and in trust for the organization and for the injured employee. The party bringing

the action may determine if the trial jury should be informed of the trust relationship.

3. If the action is brought by the injured employee or the injured employee's dependents,

or the employer as provided in subsection 2, the organization shall pay fifty percent of

the costs of the action, exclusive of attorney's fees, when such costs are incurred as

the action progresses before recovery of damages. If there is no recovery of damages

in the action, this shall be a cost of the organization to be paid from the organization's

general fund. After recovery of damages in the action, the costs of the action,

exclusive of attorney's fees, must be prorated and adjusted on the percentage of the

total subrogation interest of the organization recovered to the total recovery in the

action. The organization shall pay attorney's fees to the injured employee's attorney

from the organization's general fund as follows:

a. Twenty-five percent of the subrogation interest recovered for the organization

before judgment; and

b. Thirty-three and one-third percent of the subrogation interest recovered for the

organization when recovered through judgment entered as a result of a trial on

the merits or recovered through binding alternative dispute resolution.

4. The above provisions as to costs of the action and attorney's fees are effective only

when the injured employee advises the organization in writing the name and address

of the injured employee's attorney, and the injured employee has employed such

attorney for the purpose of collecting damages or of bringing legal action for recovery

of damages. If an injured employee fails to pay the organization's subrogation interest

and lien within thirty days of receipt of a recovery in a third-party action, the

organization's subrogation interest is the full amount of the damages recovered, up to

a maximum of the total amount it has paid or would otherwise pay in the future in

compensation and benefits to the injured employee or the injured employee's

dependents, no costs or attorney's fees will be paid from the organization's

subrogation interest and the organization's lien is the full amount of the damages

recovered up to a maximum of the total amount it has paid.

5. The organization's lien is created upon first payment of benefits. The lien attaches to

all claims, demands, settlement proceeds, judgment awards, or insurance payable by

reason of a legal liability of a third person. If the organization does not receive

payment of its lien amount within thirty days of the payment of any recovery and if the

organization has served, by regular mail, written notice of its lien upon the injured

employee or the injured employee's dependents and upon the third person, the insurer

of the third person, the injured employee or injured employee's dependents, and the

attorney of the injured employee or injured employee's dependents are liable to the

organization for the lien amount. A release or satisfaction of any judgment, claim, or

demand given by the injured employee or the injured employee's dependents is not

valid or effective against the lien. An action to collect the organization's lien amount

must be commenced within one year of the organization first possessing actual

knowledge of a recovery.

6. Upon receipt of its subrogation interest, the organization shall credit the medical

expense assessment paid by the employer under section 65-04-04.4 to the employer's

account.

7. If the organization's lien is not recognized by another jurisdiction, the organization may

issue a decision, including a decision demanding repayment from the injured

employee, of all benefits and compensation the organization has made on behalf of

the injured employee, including costs and administrative fees.
N.D. Cent. Code § 65-08-01 — ND Code / Title 65 / Chapter 65-08 / Section 65-08-01
65-08-01. Extraterritorial coverage - When and how furnished
Status: in_force

65-08-01. Extraterritorial coverage - When and how furnished

1. An employee who suffers an injury while working outside this state, on account of

which the employee or the employee's dependents would have been entitled to

workforce safety and insurance benefits provided by this title had such injury occurred

within this state, is entitled to benefits, or that employee's dependents in the event of

the employee's death are entitled to benefits if at the time of injury:

a. The employment is principally localized in this state, as determined by the

following:

(1) The employer has a place of business in this state;

(2) The employee regularly works at or from that place of business;

(3) The employment contract is entered in this state; and

(4) In the case of an employee leasing company, the company retains control

over the employee and does not lease the employee to an out-of-state

employer;

b. The employee is working under a contract of hire, made in this state in

employment not principally localized in any state, if:

(1) The employer has a place of business in this state;

(2) The employment contract is entered in this state; and

(3) In the case of over-the-road trucking, the employer retains control over the

driver, dispatches employees from this state, and does not lease the driver

to out-of-state employers; but trip leasing does not end coverage;

c. The employee is working under a contract of hire made in this state in

employment principally localized in another state and that state's workforce safety

and insurance law is not applicable to the employer, as provided by a reciprocal

agreement;

d. The employee is working under a contract of hire made in this state for

employment outside the United States and the workforce safety and insurance

law of that other jurisdiction is not applicable to the employer; or

e. The employee is a resident of another state, and is hired by a North Dakota

employer or that employer's authorized agent for temporary employment, the

situs of which is located in another state, and the temporary employment is

necessary to the principal employment of the North Dakota employer, provided

that the other state recognizes the coverage under this title as the sole remedy of

the employee against the employer for the injury or death.

2. The payment or award of benefits under the workforce safety and insurance law of

another state, territory, province, or foreign nation to an employee or the employee's

dependents otherwise entitled on account of the injury or death to workforce safety

and insurance benefits of this state bars a claim for benefits under this title.

3. An employment relationship that is principally localized outside of this state is exempt

from this title while the employee is temporarily within this state unless the workforce

safety and insurance law of the state in which the employment is principally localized

provides that the workforce safety and insurance remedy in this state is the exclusive

remedy for the employee or the dependents of an employee who died as the result of

an injury in this state.

4. An employer whose employment results in significant contacts with this state shall

acquire workforce safety and insurance coverage in this state unless a reciprocal

agreement between the states is entered which provides that the other state will

likewise recognize that an employment relationship entered into in this state is

exempted from the application of the workers' compensation insurance law of the other

state. An employment has significant contacts with this state when:

a. Any employee earns or would have been expected to earn twenty-five percent or

more of the employee's gross annual wage or income from that employer from

services rendered in this state; or

b. Twenty-five percent of the employer's gross annual payroll is payable to

employees for services rendered in this state.

c. An employer hires an employee in this state for work in this state.

Under this subsection, an employee injured in this state may elect to file a claim in this

state notwithstanding that the employee had another remedy in the state in which the

employment was principally localized. A claim filed under this subsection is subject to

section 65-05-05. The time limits within which the organization shall issue a decision

on a claim, as specified in sections 65-01-16 and 65-02-08, do not begin to run for

claims filed under this section until the first date the organization may begin to process

the claim as set forth in section 65-05-05.

5. An employer who opens an employer account with the organization under this section

is obligated to report all wages earned in this state, regardless of whether the

significant contacts factors set forth in subsection 4 have been met.
N.D. Cent. Code § 65-04-29 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-29
65-04-29. Employers carrying on nonhazardous employment may come under law - Employee's option
Status: in_force

65-04-29. Employers carrying on nonhazardous employment may come under law -

Employee's option.

Any employer carrying on any employment not defined as hazardous under section

65-01-02 who complies with this title and who pays into the fund the premiums provided for

under this chapter is covered under the fund and is not liable to respond in damages at common

law or by statute for injuries to or the death of any employee, wherever occurring, during the

period covered by such premiums. Any employee who elects before injury not to come under

workforce safety and insurance may do so by notifying the organization and the employer of

such election in writing.
N.D. Cent. Code § 65-02-30 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-30
65-02-30. Independent performance evaluation - Organization development of performance measurements - Continuing appropriation
Status: repealed

65-02-30. Independent performance evaluation - Organization development of

performance measurements - Continuing appropriation.

Repealed by S.L. 2023, ch. 583, § 1.
N.D. Cent. Code § 65-05-08 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-08
65-05-08. Disability benefits - Not paid unless period of disability is of five days' duration or more - Application required - Suspended during confinement - Duty to report wages
Status: in_force

65-05-08. Disability benefits - Not paid unless period of disability is of five days'

duration or more - Application required - Suspended during confinement - Duty to report

wages.

Benefits may not be paid for disability, the duration of which is less than five consecutive

calendar days. An employer may not require an employee to use sick leave or annual leave, or

other employer-paid time off work, before applying for benefits under this section, in lieu of

receiving benefits under this section, or in conjunction with benefits provided under this section,

but may allow an employee to use sick leave or annual leave to make up the difference between

the employee's wage-loss benefits and the employee's regular pay. If the period of disability is

five consecutive calendar days' duration or longer, benefits must be paid for the period of

disability provided that:

1. When disability benefits are discontinued, the organization may not begin payment

again unless the injured employee files a reapplication for disability benefits on a form

supplied by the organization. In case of reapplication, the award may commence no

more than thirty days before the date of reapplication. Disability benefits must be

reinstated upon proof by the injured employee that:

a. The employee has sustained a significant change in the compensable medical

condition;

b. The employee has sustained an actual wage loss caused by the significant

change in the compensable medical condition; and

c. The employee has not retired or voluntarily withdrawn from the job market as

defined in section 65-05-09.3.

2. Payments of disability and rehabilitation benefits of an employee who is eligible for, or

receiving, benefits under this title must be suspended when the employee is confined

in a penitentiary, jail, youth correctional facility, or any other penal institution for a

period of between seventy-two consecutive hours and one hundred eighty consecutive

days. Payments of disability and rehabilitation benefits of an employee who is eligible

for, or receiving, benefits under this title must be discontinued when the employee is

confined in a penitentiary, jail, youth correctional facility, or any other penal institution

for a period in excess of one hundred eighty consecutive days.

3. An employee who is eligible for, or receiving disability or rehabilitation benefits under

this title shall report any wages earned, from part-time or full-time work from any

source. If an employee fails to report wages earned, the employee shall refund to the

organization all disability or vocational rehabilitation benefits overpaid by the

organization for that time period. To facilitate recovery of those benefits, the

organization may offset future benefits payable, under section 65-05-29. If the

employee willfully fails to report wages earned, the employee is subject to the

penalties in section 65-05-33. An employee shall report whether the employee has

performed work or received wages. The organization periodically shall provide a form

to all injured employees receiving disability or rehabilitation benefits which the injured

employee must complete to retain eligibility for further disability or rehabilitation

benefits, regardless of the date of injury or claim filing. The form will advise the injured

employee of the possible penalties for failure to report any work or activities as

required by this section. An injured employee who is receiving disability or vocational

rehabilitation benefits must report any work activities to the organization whether or not

the injured employee receives any wages. An injured employee who is receiving

disability or vocational rehabilitation benefits must also report any other activity if the

injured employee receives any money, including prize winnings, from undertaking that

activity, regardless of expenses or whether there is a net profit. For purposes of this

subsection, "work" does not include routine daily activities of self-care or family care,

or routine maintenance of the home and yard, and "activities" does not include

recreational gaming or passive investment endeavors.

4. An employee shall request disability benefits on a claim form furnished by the

organization. Disability benefits may not commence more than one year prior to the

date of filing of the initial claim for disability benefits.

5. The provisions of this section apply to any disability claim asserted against the fund on

or after July 1, 1991, irrespective of injury date.

6. It is the burden of the employee to show that the inability to obtain employment or to

earn as much as the employee earned at the time of injury is due to physical limitation

related to the injury, and that any wage loss claimed is the result of the compensable

injury.

7. If the employee voluntarily limits income or refuses to accept employment suitable to

the employee's capacity, offered to or procured for the employee, the employee is not

entitled to disability or vocational rehabilitation benefits during the limitation of income

or refusal to accept employment unless the organization determines the limitation or

refusal is justified. To receive additional disability or vocational rehabilitation benefits

following an unjustified limitation or refusal, the employee shall meet the requirements

of a reapplication for benefits as outlined in this section.

8. The organization may not pay disability benefits unless the loss of earning capacity

exceeds ten percent. The injured employee may earn up to ten percent of the

employee's preinjury average gross weekly earnings with no reduction in total disability

benefits. The employee must report any earnings to the organization for a

determination of whether the employee is within the limit set in this subsection.

9. Upon securing suitable employment, the injured employee shall notify the organization

of the name and address of the employer, the date the employment began, and the

amount of wages being received. If the injured employee is receiving disability

benefits, the injured employee shall notify the organization whenever there is a change

in work status or wages received.

10. The organization shall pay to an employee receiving disability benefits a dependency

allowance for each child of the employee at the rate of fifteen dollars per week per

child.

11. Dependency allowance for the children may be made directly to either parent or

guardian at the discretion of the organization.

12. The organization may not pay wage loss benefits if the wage loss is related to the use

or presence of medical marijuana.
N.D. Cent. Code § 65-05-12.1 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-12.1
65-05-12.1. Permanent impairment
Status: repealed

65-05-12.1. Permanent impairment

Repealed by S.L. 1995, ch. 624, § 2.
N.D. Cent. Code § 65-04-19.3 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-19.3
65-04-19.3. Premium calculation programs - Authority
Status: in_force

65-04-19.3. Premium calculation programs - Authority

The organization may create and implement actuarially sound employer premium

calculation programs, including dividends, group insurance, premium deductibles, and

reimbursement for medical expense assessments. Programs created or modified under this

section are not subject to title 28-32 and may include requirements or incentives for the early

reporting of injuries. An employer with a deductible policy under this section, who chooses to

pursue a third-party action under section 65-01-09 after an injured worker and the organization

have chosen not to pursue the third-party action, may keep one hundred percent of the recovery

obtained, regardless of the expense incurred in covering the injury and regardless of any

contrary provision in section 65-01-09. If the employer pursues the third-party action pursuant to

this section, neither the organization nor the injured worker has any liability for sharing in the

expense of bringing that action.
N.D. Cent. Code § 65-04-23 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-23
65-04-23. Penalties for default in payment of premiums, penalties, and interest
Status: repealed

65-04-23. Penalties for default in payment of premiums, penalties, and interest

Repealed by S.L. 2001, ch. 578, § 17.
N.D. Cent. Code § 65-08-04 — ND Code / Title 65 / Chapter 65-08 / Section 65-08-04
65-08-04. Agreements between states relating to conflicts of jurisdiction
Status: in_force

65-08-04. Agreements between states relating to conflicts of jurisdiction

The organization, through the action of the director, may enter into agreements with the

workforce safety and insurance agencies of other states relating to conflicts of jurisdiction where

the contract of employment is in one state and the injuries are received in the other state, or

where there is a dispute as to the boundaries or jurisdiction of the states and when such

agreements have been executed and made public by the respective state agencies, the rights of

the employee hired in such other state and injured while temporarily employed in this state, or

hired in this state and injured while temporarily employed in another state, or where the

jurisdiction is otherwise uncertain, must be determined pursuant to such agreements and

confined to the jurisdiction provided in such agreements. Where such an agreement exists, any

provisions of this chapter which conflict with the provisions of that agreement are superseded by

the provisions of that agreement.
N.D. Cent. Code § 65-02-24 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-24
65-02-24. Immunity from civil liability
Status: in_force

65-02-24. Immunity from civil liability

A person who notifies the organization or who assists the organization on any matter

pertaining to the administration of this title of an alleged violation of section 65-04-33 or

65-05-33, or who provides information in the course of an investigation of an alleged violation of

section 65-04-33 or 65-05-33, is not subject to civil liability for that action if the action was in

good faith and without malice. At the request of the person who notifies or assists the

organization or who provides information to the organization, the organization may not reveal

the identity of that person or disclose any information that may reveal the identity of that person

to any person other than a representative of or a person rendering assistance to the

organization.
N.D. Cent. Code § 65-02-21.1 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-21.1
65-02-21.1. Licensure required for psychologists and physicians performing utilization review
Status: in_force

65-02-21.1. Licensure required for psychologists and physicians performing

utilization review.

Psychologists making utilization review determinations under sections 65-02-20 and

65-02-21 shall have current licenses from the state board of psychologist examiners. Health

care providers making utilization review determinations under sections 65-02-20 and 65-02-21

shall have current licenses from the appropriate North Dakota licensing board. This requirement

does not apply to psychologists or health care providers conducting independent medical

examinations or independent medical reviews under section 65-05-28.
N.D. Cent. Code § 65-01-02 — ND Code / Title 65 / Chapter 65-01 / Section 65-01-02
65-01-02. Definitions (Effective through August 31, 2028)
Status: in_force

65-01-02. Definitions. (Effective through August 31, 2028)

In this title:

1. "Acute care" means a short course of intensive diagnostic and therapeutic services

provided immediately following a work injury with a rapid onset of pronounced

symptoms.

2. "Adopted" or "adoption" refers only to a legal adoption effected prior to the time of the

injury.

3. "Allied health care professional" includes a health care provider, pharmacist,

audiologist, speech language pathologist, or naturopath or any recognized practitioner

who provides skilled services pursuant to the prescription of, or under the supervision

or direction of any of these individuals.

4. "Artificial members" includes a device that is a substitute for a natural part, organ, limb,

or other part of the body. The term includes a prescriptive device that is an aid for a

natural part, organ, limb, or other part of the body if the damage to the prescriptive

device is accompanied by an injury to the body. A prescriptive device includes

prescription eyeglasses, contact lenses, dental braces, and orthopedic braces.

5. "Artificial replacements" means mechanical aids, including braces, belts, casts, or

crutches as may be reasonable and necessary due to compensable injury.

6. "Average weekly wage" means the weekly wages the injured employee was receiving

from all employments for which coverage is required or otherwise secured at the date

of first disability. The average weekly wage determined under this subsection must be

rounded to the nearest dollar. If the injured employee's wages are not fixed by the

week, they must be determined by using the first applicable formula from the schedule

below:

a. For seasonal employment, during the first consecutive days of disability up to

twenty-eight days the average weekly wage is calculated pursuant to the first

applicable formula in subdivisions b through g, and after that are calculated as

one-fiftieth of the total wages from all occupations during the twelve months

preceding the date of first disability or during the tax year preceding the date of

first disability, or an average of the three tax years preceding the date of first

disability, whichever is highest and for which accurate, reliable, and complete

records are readily available.

b. The "average weekly wage" of a self-employed employer is determined by the

following formula: one fifty-second of the average annual net self-employed

earnings reported the three preceding tax years or preceding fifty-two weeks

whichever is higher if accurate, reliable, and complete records for those fifty-two

weeks are readily available.

c. Hourly or daily rate multiplied by number of hours or days worked per seven-day

week.

d. Monthly rate multiplied by twelve months and divided by fifty-two weeks.

e. Biweekly rate divided by two.

f. The usual wage paid other employees engaged in similar occupations.

g. A wage reasonably and fairly approximating the weekly wage lost by the injured

employee during the period of disability.

7. "Average weekly wage in the state" means the determination made of the average

weekly wage in the state by job service North Dakota on or before July first of each

year, computed to the next highest dollar.

8. "Board" means the workforce safety and insurance board of directors.

9. "Brother" and "sister" include a stepbrother and a stepsister, a half brother and a half

sister, and a brother and sister by adoption. The terms do not include a married brother

or sister unless that person actually is dependent.

10. "Child", for determining eligibility for benefits under chapter 65-05, means a legitimate

child, a stepchild, adopted child, posthumous child, foster child, and acknowledged

illegitimate child who is under eighteen years of age and resides with the injured

employee; or is under eighteen years of age and does not reside with the injured

employee but a duty of support is substantiated by an appropriate court order; or is

between eighteen and twenty-two years of age and enrolled as a full-time student in

any accredited educational institution and dependent upon the injured employee for

support; or is eighteen years of age or over and is physically or mentally incapable of

self-support and is actually dependent upon the injured employee for support. A child

does not include a married child unless actually dependent on the injured employee as

shown on the preceding year's income tax returns.

11. "Compensable injury" means an injury by accident arising out of and in the course of

hazardous employment which must be established by medical evidence supported by

objective medical findings.

a. The term includes:

(1) Disease caused by a hazard to which an employee is subjected in the

course of employment. The disease must be incidental to the character of

the business and not independent of the relation of employer and employee.

Disease includes effects from radiation.

(2) An injury to artificial members.

(3) Injuries due to heart attack or other heart-related disease, stroke, and

physical injury caused by mental stimulus, but only when caused by the

employee's employment with reasonable medical certainty, and only when it

is determined with reasonable medical certainty that unusual stress is at

least fifty percent of the cause of the injury or disease as compared with all

other contributing causes combined. Unusual stress means stress greater

than the highest level of stress normally experienced or anticipated in that

position or line of work.

(4) Injuries arising out of employer-required or supplied travel to and from a

remote jobsite or activities performed at the direction or under the control of

the employer.

(5) An injury caused by the willful act of a third person directed against an

employee because of the employee's employment.

(6) A mental or psychological condition that is physiologically caused by a

physical injury, but only when the physical injury is determined with

reasonable medical certainty to be at least fifty percent of the cause of the

condition as compared with all other contributing causes combined, and only

when the condition did not pre-exist the work injury. Other contributing

causes include emotional circumstances that generally accompany

work-related injuries, including the loss of function, loss of self-esteem, loss

of financial independence, divorce, loss of career or employment position,

disruption of lifestyle or family units, anxiousness, uncertainty, or

compromised ability to participate in a lifestyle, hobby, or pastime.

b. The term does not include:

(1) Ordinary diseases of life to which the general public outside of employment

is exposed or preventive treatment for communicable diseases, except the

organization may pay for preventive treatment for an exposure to a

bloodborne pathogen as defined in section 23-07.5-01 occurring in the

course of employment and for exposure to rabies occurring in the course of

employment.

(2) A willfully self-inflicted injury, including suicide or attempted suicide, or an

injury caused by the employee's willful intention to injure or kill another.

(3) Any injury caused by the use of intoxicants, including recreational marijuana

use, or the illegal use of controlled substances.

(4) An injury that arises out of an altercation in which the injured employee is an

aggressor. This paragraph does not apply to public safety employees,

including law enforcement officers or private security personnel who are

required to engage in altercations as part of their job duties if the altercation

arises out of the performance of those job duties.

(5) An injury that arises out of an illegal act committed by the injured employee.

(6) An injury that arises out of an employee's voluntary nonpaid participation in

any recreational activity, including athletic events, parties, and picnics, even

though the employer pays some or all of the cost of the activity.

(7) Injuries attributable to a pre-existing injury, disease, or other condition,

including when the employment acts as a trigger to produce symptoms in

the pre-existing injury, disease, or other condition unless the employment

substantially accelerates its progression or substantially worsens its severity.

Pain is a symptom and may be considered in determining whether there is a

substantial acceleration or substantial worsening of a pre-existing injury,

disease, or other condition, but pain alone is not a substantial acceleration

or a substantial worsening.

(8) A nonemployment injury that, although acting upon a prior compensable

injury, is an independent intervening cause of injury.

(9) A latent or asymptomatic degenerative condition, caused in substantial part

by employment duties, which is triggered or made active by a subsequent

injury.

(10) A mental injury arising from mental stimulus.

12. "Date of first disability" means the first date the injured employee was unable to work

because of a compensable injury.

13. "Date of maximum medical improvement" or "date of maximum medical recovery"

means the date after which further recovery from, or lasting improvement to, an injury

or disease can no longer reasonably be anticipated based upon reasonable medical

probability.

14. "Director" means the director of the organization.

15. "Disability" means loss of actual earnings and may be permanent total, temporary

total, or partial.

16. "Electronic means" means relating to technology having electrical, digital, magnetic,

wireless, optical, electromagnetic, or similar capabilities.

17. "Employee" means an individual who performs hazardous employment for another for

remuneration unless the individual is an independent contractor under the

common-law test.

a. The term includes:

(1) All elective and appointed officials of this state and its political subdivisions,

including municipal corporations and including the members of the

legislative assembly, all elective officials of any county, and all elective

peace officers of any city.

(2) Aliens.

(3) Human service zone general assistance workers, except those who are

engaged in repaying to human service zones or the department of health

and human services moneys the human service zones or the department of

health and human services have been compelled by statute to expend for

general assistance.

(4) Minors, whether lawfully or unlawfully employed. A minor is deemed sui juris

for the purposes of this title, and no other person has any claim for relief or

right to claim workforce safety and insurance benefits for any injury to a

minor worker, but in the event of the award of a lump sum of benefits to a

minor employee, the lump sum may be paid only to the legally appointed

guardian of the minor.

b. The term does not include:

(1) An individual whose employment is both casual and not in the course of the

trade, business, profession, or occupation of that individual's employer.

(2) An individual who is engaged in an illegal enterprise or occupation.

(3) The spouse of an employer or the child under the age of twenty-two of an

employer. For purposes of this paragraph and section 65-07-01, "child"

means any legitimate child, stepchild, adopted child, foster child, or

acknowledged illegitimate child.

(4) A real estate broker or real estate salesperson, provided the individual

meets the following three requirements:

(a) The salesperson or broker must be a licensed real estate agent under

section 43-23-05.

(b) Substantially all of the salesperson's or broker's remuneration for the

services performed as a real estate agent must be directly related to

sales or other efforts rather than to the number of hours worked.

(c) A written agreement must exist between the salesperson or broker

and the person for which the salesperson or broker works, which

agreement must provide the salesperson or broker will not be treated

as an employee but rather as an independent contractor.

(5) The members of the board of directors of a business corporation who are

not employed in any capacity by the corporation other than as members of

the board of directors.

(6) An individual delivering newspapers or shopping news, if substantially all of

the individual's remuneration is directly related to sales or other efforts

rather than to the number of hours worked and a written agreement exists

between the individual and the publisher of the newspaper or shopping

news which states the individual is an independent contractor.

(7) An employer.

(8) An athlete participating in a contact sport. As used in this paragraph,

"contact sport" means a team or individual competitive athletic activity that

includes significant physical contact between the athletes involved. The term

includes football and hockey.

18. "Employer" means a person that engages or received the services of another for

remuneration unless the person performing the services is an independent contractor

under the common-law test. The term includes:

a. The state and all political subdivisions thereof.

b. All public and quasi-public corporations in this state.

c. Every person, partnership, limited liability company, association, and private

corporation, including a public service corporation.

d. The legal representative of any deceased employer.

e. The receiver or trustee of any person, partnership, limited liability company,

association, or corporation having one or more employees as herein defined.

f. The president, vice presidents, secretary, or treasurer of a business corporation,

but not members of the board of directors of a business corporation who are not

also officers of the corporation.

g. The managers of a limited liability company.

h. The president, vice presidents, secretary, treasurer, or board of directors of an

association or cooperative organized under chapter 6-06, 10-12, 10-13, 10-15,

36-08, or 49-21.

i. The clerk, assessor, treasurer, or any member of the board of supervisors of an

organized township, if the person is not employed by the township in any other

capacity.

j. A multidistrict special education unit.

k. An area career and technology center.

l. A regional education association.

19. "Fee schedule" means the payment formulas established in the organization

publication entitled "Medical and Hospital Fees".

20. "Fund" means the workforce safety and insurance fund.

21. "Hazardous employment" means any employment in which one or more employees

are employed regularly in the same business or in or about the establishment except:

a. Agricultural or domestic service.

b. Any employment of a common carrier by railroad.

c. Any employment for the transportation of property or persons by nonresidents,

where, in such transportation, the highways are not traveled more than seven

miles [11.27 kilometers] and return over the same route within the state of North

Dakota.

d. All members of the clergy and employees of religious organizations engaged in

the operation, maintenance, and conduct of the place of worship.

22. "Health care provider" means a doctor of medicine or osteopathy, chiropractor, dentist,

optometrist, podiatrist, or psychologist acting within the scope of the doctor's license, a

physical therapist, an advanced practice registered nurse, or a certified physician

assistant.

23. "Medical marijuana" means the use of all parts of the plant of the genus cannabis, the

seeds of the plant, the resin extracted from any part of the plant, and every compound,

manufacture, salt, derivative, mixture, or preparation of the plant, the seeds of the

plant, or the resin extracted from any part of the plant as a physician-recommended

form of medicine or herbal therapy. The term does not include treatments or

preparations specifically approved by the United States food and drug administration

as a drug product.

24. "Noncompliance" means failure to follow the requirements of chapter 65-04. An

employer may be in noncompliance regardless of the employer's insured or uninsured

status with the organization.

25. "Organization" means workforce safety and insurance, or the director, or any

department head, assistant, or employee of workforce safety and insurance

designated by the director, to act within the course and scope of that person's

employment in administering the policies, powers, and duties of this title.

26. "Parent" includes a stepparent and a parent by adoption.

27. "Payroll report" means the mechanism created by the organization and used by

employers to report all employee payroll required by the organization.

28. "Permanent impairment" means the loss of or loss of use of a member of the body

existing after the date of maximum medical improvement and includes disfigurement

resulting from an injury.

29. "Permanent total disability" means disability that is the direct result of a compensable

injury that prevents an injured employee from performing any work and results from

any one of the following conditions:

a. Total and permanent loss of sight of both eyes;

b. Loss of both legs or loss of both feet at or above the ankle;

c. Loss of both arms or loss of both hands at or above the wrist;

d. Loss of any two of the members or faculties in subdivision a, b, or c;

e. Permanent and complete paralysis of both legs or both arms or of one leg and

one arm;

f. Third-degree burns that cover at least forty percent of the body and require

grafting;

g. A medically documented brain injury affecting cognitive and mental functioning

which renders an injured employee unable to provide self-care and requires

supervision or assistance with a majority of the activities of daily living; or

h. A compensable injury that results in a permanent partial impairment rating of the

whole body of at least twenty-five percent pursuant to section 65-05-12.2.

If the injured employee has not reached maximum medical improvement within one

hundred four weeks, the injured employee may receive a permanent partial

impairment rating if a rating will assist the organization in assessing the injured

employee's capabilities. Entitlement to a rating is solely within the discretion of the

organization.

30. "Rehabilitation services" means nonmedical services reasonably necessary to restore

a disabled employee to substantial gainful employment as defined by section

65-05.1-01 as near as possible. The term may include vocational evaluation,

counseling, education, workplace modification, vocational retraining including training

for alternative employment with the same employer, and job placement assistance.

31. "Seasonal employment" includes occupations that are not permanent or that do not

customarily operate throughout the entire year. Seasonal employment is determined

by what is customary with respect to the employer at the time of injury.

32. "Spouse" includes only the decedent's husband or wife who was living with the

decedent or was dependent upon the decedent for support at the time of injury.

33. "Subcontractor" means a person that agrees to perform all or part of the work for a

contractor or another subcontractor.

34. "Temporary total disability" means disability that results in the inability of an injured

employee to earn wages as a result of a compensable injury for which disability

benefits may not exceed a cumulative total of one hundred four weeks or the date the

injured employee reaches maximum medical improvement or maximum medical

recovery, whichever occurs first.

35. "Uninsured" means failure of an employer to secure mandatory coverage with the

organization or failure to pay premium, assessment, penalty, or interest, as calculated

by the organization, which is more than forty-five days past due. An uninsured

employer is subject to chapter 65-09.

36. "Utilization review" means the initial and continuing evaluation of appropriateness in

terms of both the level and the quality of health care and health services provided a

patient, based on medically accepted standards. The evaluation must be

accomplished by means of a system that identifies the utilization of medical services,

based on medically accepted standards, and which refers instances of possible

inappropriate utilization to the organization to obtain opinions and recommendations of

expert medical consultants to review individual cases for which administrative action

may be deemed necessary.

37. "Valid functional capacities examination" means:

a. The results of a physical examination consisting of a battery of standardized

assessments that offer reliable results in performance-based measures and

demonstrate the level and duration an injured employee may return to work.

b. The conclusions of medical experts, following observations of other activities the

medical expert determines similarly predictive, when the results of the physical

examination in subdivision a are not obtained or reliable.

38. a. "Wages" means:

(1) An injured employee's remuneration from all employment reportable to the

internal revenue service as earned income for federal income tax purposes.

(2) For members of the national guard who sustain a compensable injury while

on state active duty, "wages" includes income from federal employment and

may be included in determining the average weekly wage.

(3) For purposes of chapter 65-04 only, "wages" means all gross earnings of all

employees. The term includes all pretax deductions for amounts allocated

by the employee for deferred compensation, medical reimbursement,

retirement, or any similar program, but may not include dismissal or

severance pay.

b. The organization may consider postinjury wages for which coverage was not

required or otherwise secured in North Dakota for purposes of determining

appropriate vocational rehabilitation options or entitlement to disability benefits

under this title.

Definitions. (Effective after August 31, 2028) In this title:

1. "Acute care" means a short course of intensive diagnostic and therapeutic services

provided immediately following a work injury with a rapid onset of pronounced

symptoms.

2. "Adopted" or "adoption" refers only to a legal adoption effected prior to the time of the

injury.

3. "Allied health care professional" includes a health care provider, pharmacist,

audiologist, speech language pathologist, or naturopath or any recognized practitioner

who provides skilled services pursuant to the prescription of, or under the supervision

or direction of any of these individuals.

4. "Artificial members" includes a device that is a substitute for a natural part, organ, limb,

or other part of the body. The term includes a prescriptive device that is an aid for a

natural part, organ, limb, or other part of the body if the damage to the prescriptive

device is accompanied by an injury to the body. A prescriptive device includes

prescription eyeglasses, contact lenses, dental braces, and orthopedic braces.

5. "Artificial replacements" means mechanical aids, including braces, belts, casts, or

crutches as may be reasonable and necessary due to compensable injury.

6. "Average weekly wage" means the weekly wages the injured employee was receiving

from all employments for which coverage is required or otherwise secured at the date

of first disability. The average weekly wage determined under this subsection must be

rounded to the nearest dollar. If the injured employee's wages are not fixed by the

week, they must be determined by using the first applicable formula from the schedule

below:

a. For seasonal employment, during the first consecutive days of disability up to

twenty-eight days the average weekly wage is calculated pursuant to the first

applicable formula in subdivisions b through g, and after that are calculated as

one-fiftieth of the total wages from all occupations during the twelve months

preceding the date of first disability or during the tax year preceding the date of

first disability, or an average of the three tax years preceding the date of first

disability, whichever is highest and for which accurate, reliable, and complete

records are readily available.

b. The "average weekly wage" of a self-employed employer is determined by the

following formula: one fifty-second of the average annual net self-employed

earnings reported the three preceding tax years or preceding fifty-two weeks

whichever is higher if accurate, reliable, and complete records for those fifty-two

weeks are readily available.

c. Hourly or daily rate multiplied by number of hours or days worked per seven-day

week.

d. Monthly rate multiplied by twelve months and divided by fifty-two weeks.

e. Biweekly rate divided by two.

f. The usual wage paid other employees engaged in similar occupations.

g. A wage reasonably and fairly approximating the weekly wage lost by the injured

employee during the period of disability.

7. "Average weekly wage in the state" means the determination made of the average

weekly wage in the state by job service North Dakota on or before July first of each

year, computed to the next highest dollar.

8. "Board" means the workforce safety and insurance board of directors.

9. "Brother" and "sister" include a stepbrother and a stepsister, a half brother and a half

sister, and a brother and sister by adoption. The terms do not include a married brother

or sister unless that person actually is dependent.

10. "Child", for determining eligibility for benefits under chapter 65-05, means a legitimate

child, a stepchild, adopted child, posthumous child, foster child, and acknowledged

illegitimate child who is under eighteen years of age and resides with the injured

employee; or is under eighteen years of age and does not reside with the injured

employee but a duty of support is substantiated by an appropriate court order; or is

between eighteen and twenty-two years of age and enrolled as a full-time student in

any accredited educational institution and dependent upon the injured employee for

support; or is eighteen years of age or over and is physically or mentally incapable of

self-support and is actually dependent upon the injured employee for support. A child

does not include a married child unless actually dependent on the injured employee as

shown on the preceding year's income tax returns.

11. "Compensable injury" means an injury by accident arising out of and in the course of

hazardous employment which must be established by medical evidence supported by

objective medical findings.

a. The term includes:

(1) Disease caused by a hazard to which an employee is subjected in the

course of employment. The disease must be incidental to the character of

the business and not independent of the relation of employer and employee.

Disease includes effects from radiation.

(2) An injury to artificial members.

(3) Injuries due to heart attack or other heart-related disease, stroke, and

physical injury caused by mental stimulus, but only when caused by the

employee's employment with reasonable medical certainty, and only when it

is determined with reasonable medical certainty that unusual stress is at

least fifty percent of the cause of the injury or disease as compared with all

other contributing causes combined. Unusual stress means stress greater

than the highest level of stress normally experienced or anticipated in that

position or line of work.

(4) Injuries arising out of employer-required or supplied travel to and from a

remote jobsite or activities performed at the direction or under the control of

the employer.

(5) An injury caused by the willful act of a third person directed against an

employee because of the employee's employment.

(6) A mental or psychological condition that is physiologically caused by a

physical injury, but only when the physical injury is determined with

reasonable medical certainty to be at least fifty percent of the cause of the

condition as compared with all other contributing causes combined, and only

when the condition did not pre-exist the work injury. Other contributing

causes include emotional circumstances that generally accompany

work-related injuries, including the loss of function, loss of self-esteem, loss

of financial independence, divorce, loss of career or employment position,

disruption of lifestyle or family units, anxiousness, uncertainty, or

compromised ability to participate in a lifestyle, hobby, or pastime.

b. The term does not include:

(1) Ordinary diseases of life to which the general public outside of employment

is exposed or preventive treatment for communicable diseases, except the

organization may pay for preventive treatment for an exposure to a

bloodborne pathogen as defined in section 23-07.5-01 occurring in the

course of employment and for exposure to rabies occurring in the course of

employment.

(2) A willfully self-inflicted injury, including suicide or attempted suicide, or an

injury caused by the employee's willful intention to injure or kill another.

(3) Any injury caused by the use of intoxicants, including recreational marijuana

use, or the illegal use of controlled substances.

(4) An injury that arises out of an altercation in which the injured employee is an

aggressor. This paragraph does not apply to public safety employees,

including law enforcement officers or private security personnel who are

required to engage in altercations as part of their job duties if the altercation

arises out of the performance of those job duties.

(5) An injury that arises out of an illegal act committed by the injured employee.

(6) An injury that arises out of an employee's voluntary nonpaid participation in

any recreational activity, including athletic events, parties, and picnics, even

though the employer pays some or all of the cost of the activity.

(7) Injuries attributable to a pre-existing injury, disease, or other condition,

including when the employment acts as a trigger to produce symptoms in

the pre-existing injury, disease, or other condition unless the employment

substantially accelerates its progression or substantially worsens its severity.

Pain is a symptom and may be considered in determining whether there is a

substantial acceleration or substantial worsening of a pre-existing injury,

disease, or other condition, but pain alone is not a substantial acceleration

or a substantial worsening.

(8) A nonemployment injury that, although acting upon a prior compensable

injury, is an independent intervening cause of injury.

(9) A latent or asymptomatic degenerative condition, caused in substantial part

by employment duties, which is triggered or made active by a subsequent

injury.

(10) A mental injury arising from mental stimulus.

12. "Date of first disability" means the first date the injured employee was unable to work

because of a compensable injury.

13. "Date of maximum medical improvement" or "date of maximum medical recovery"

means the date after which further recovery from, or lasting improvement to, an injury

or disease can no longer reasonably be anticipated based upon reasonable medical

probability.

14. "Director" means the director of the organization.

15. "Disability" means loss of actual earnings and may be permanent total, temporary

total, or partial.

16. "Electronic means" means relating to technology having electrical, digital, magnetic,

wireless, optical, electromagnetic, or similar capabilities.

17. "Employee" means an individual who performs hazardous employment for another for

remuneration unless the individual is an independent contractor under the

common-law test.

a. The term includes:

(1) All elective and appointed officials of this state and its political subdivisions,

including municipal corporations and including the members of the

legislative assembly, all elective officials of any county, and all elective

peace officers of any city.

(2) Aliens.

(3) Human service zone general assistance workers, except those who are

engaged in repaying to human service zones or the department of health

and human services moneys the human service zones or the department of

health and human services have been compelled by statute to expend for

general assistance.

(4) Minors, whether lawfully or unlawfully employed. A minor is deemed sui juris

for the purposes of this title, and no other person has any claim for relief or

right to claim workforce safety and insurance benefits for any injury to a

minor worker, but in the event of the award of a lump sum of benefits to a

minor employee, the lump sum may be paid only to the legally appointed

guardian of the minor.

b. The term does not include:

(1) An individual whose employment is both casual and not in the course of the

trade, business, profession, or occupation of that individual's employer.

(2) An individual who is engaged in an illegal enterprise or occupation.

(3) The spouse of an employer or the child under the age of twenty-two of an

employer. For purposes of this paragraph and section 65-07-01, "child"

means any legitimate child, stepchild, adopted child, foster child, or

acknowledged illegitimate child.

(4) A real estate broker or real estate salesperson, provided the individual

meets the following three requirements:

(a) The salesperson or broker must be a licensed real estate agent under

section 43-23-05.

(b) Substantially all of the salesperson's or broker's remuneration for the

services performed as a real estate agent must be directly related to

sales or other efforts rather than to the number of hours worked.

(c) A written agreement must exist between the salesperson or broker

and the person for which the salesperson or broker works, which

agreement must provide the salesperson or broker will not be treated

as an employee but rather as an independent contractor.

(5) The members of the board of directors of a business corporation who are

not employed in any capacity by the corporation other than as members of

the board of directors.

(6) An individual delivering newspapers or shopping news, if substantially all of

the individual's remuneration is directly related to sales or other efforts

rather than to the number of hours worked and a written agreement exists

between the individual and the publisher of the newspaper or shopping

news which states the individual is an independent contractor.

(7) An employer.

18. "Employer" means a person that engages or received the services of another for

remuneration unless the person performing the services is an independent contractor

under the common-law test. The term includes:

a. The state and all political subdivisions thereof.

b. All public and quasi-public corporations in this state.

c. Every person, partnership, limited liability company, association, and private

corporation, including a public service corporation.

d. The legal representative of any deceased employer.

e. The receiver or trustee of any person, partnership, limited liability company,

association, or corporation having one or more employees as herein defined.

f. The president, vice presidents, secretary, or treasurer of a business corporation,

but not members of the board of directors of a business corporation who are not

also officers of the corporation.

g. The managers of a limited liability company.

h. The president, vice presidents, secretary, treasurer, or board of directors of an

association or cooperative organized under chapter 6-06, 10-12, 10-13, 10-15,

36-08, or 49-21.

i. The clerk, assessor, treasurer, or any member of the board of supervisors of an

organized township, if the person is not employed by the township in any other

capacity.

j. A multidistrict special education unit.

k. An area career and technology center.

l. A regional education association.

19. "Fee schedule" means the payment formulas established in the organization

publication entitled "Medical and Hospital Fees".

20. "Fund" means the workforce safety and insurance fund.

21. "Hazardous employment" means any employment in which one or more employees

are employed regularly in the same business or in or about the establishment except:

a. Agricultural or domestic service.

b. Any employment of a common carrier by railroad.

c. Any employment for the transportation of property or persons by nonresidents,

where, in such transportation, the highways are not traveled more than seven

miles [11.27 kilometers] and return over the same route within the state of North

Dakota.

d. All members of the clergy and employees of religious organizations engaged in

the operation, maintenance, and conduct of the place of worship.

22. "Health care provider" means a doctor of medicine or osteopathy, chiropractor, dentist,

optometrist, podiatrist, or psychologist acting within the scope of the doctor's license, a

physical therapist, an advanced practice registered nurse, or a certified physician

assistant.

23. "Medical marijuana" means the use of all parts of the plant of the genus cannabis, the

seeds of the plant, the resin extracted from any part of the plant, and every compound,

manufacture, salt, derivative, mixture, or preparation of the plant, the seeds of the

plant, or the resin extracted from any part of the plant as a physician-recommended

form of medicine or herbal therapy. The term does not include treatments or

preparations specifically approved by the United States food and drug administration

as a drug product.

24. "Noncompliance" means failure to follow the requirements of chapter 65-04. An

employer may be in noncompliance regardless of the employer's insured or uninsured

status with the organization.

25. "Organization" means workforce safety and insurance, or the director, or any

department head, assistant, or employee of workforce safety and insurance

designated by the director, to act within the course and scope of that person's

employment in administering the policies, powers, and duties of this title.

26. "Parent" includes a stepparent and a parent by adoption.

27. "Payroll report" means the mechanism created by the organization and used by

employers to report all employee payroll required by the organization.

28. "Permanent impairment" means the loss of or loss of use of a member of the body

existing after the date of maximum medical improvement and includes disfigurement

resulting from an injury.

29. "Permanent total disability" means disability that is the direct result of a compensable

injury that prevents an injured employee from performing any work and results from

any one of the following conditions:

a. Total and permanent loss of sight of both eyes;

b. Loss of both legs or loss of both feet at or above the ankle;

c. Loss of both arms or loss of both hands at or above the wrist;

d. Loss of any two of the members or faculties in subdivision a, b, or c;

e. Permanent and complete paralysis of both legs or both arms or of one leg and

one arm;

f. Third-degree burns that cover at least forty percent of the body and require

grafting;

g. A medically documented brain injury affecting cognitive and mental functioning

which renders an injured employee unable to provide self-care and requires

supervision or assistance with a majority of the activities of daily living; or

h. A compensable injury that results in a permanent partial impairment rating of the

whole body of at least twenty-five percent pursuant to section 65-05-12.2.

If the injured employee has not reached maximum medical improvement within one

hundred four weeks, the injured employee may receive a permanent partial

impairment rating if a rating will assist the organization in assessing the injured

employee's capabilities. Entitlement to a rating is solely within the discretion of the

organization.

30. "Rehabilitation services" means nonmedical services reasonably necessary to restore

a disabled employee to substantial gainful employment as defined by section

65-05.1-01 as near as possible. The term may include vocational evaluation,

counseling, education, workplace modification, vocational retraining including training

for alternative employment with the same employer, and job placement assistance.

31. "Seasonal employment" includes occupations that are not permanent or that do not

customarily operate throughout the entire year. Seasonal employment is determined

by what is customary with respect to the employer at the time of injury.

32. "Spouse" includes only the decedent's husband or wife who was living with the

decedent or was dependent upon the decedent for support at the time of injury.

33. "Subcontractor" means a person that agrees to perform all or part of the work for a

contractor or another subcontractor.

34. "Temporary total disability" means disability that results in the inability of an injured

employee to earn wages as a result of a compensable injury for which disability

benefits may not exceed a cumulative total of one hundred four weeks or the date the

injured employee reaches maximum medical improvement or maximum medical

recovery, whichever occurs first.

35. "Uninsured" means failure of an employer to secure mandatory coverage with the

organization or failure to pay premium, assessment, penalty, or interest, as calculated

by the organization, which is more than forty-five days past due. An uninsured

employer is subject to chapter 65-09.

36. "Utilization review" means the initial and continuing evaluation of appropriateness in

terms of both the level and the quality of health care and health services provided a

patient, based on medically accepted standards. The evaluation must be

accomplished by means of a system that identifies the utilization of medical services,

based on medically accepted standards, and which refers instances of possible

inappropriate utilization to the organization to obtain opinions and recommendations of

expert medical consultants to review individual cases for which administrative action

may be deemed necessary.

37. "Valid functional capacities examination" means:

a. The results of a physical examination consisting of a battery of standardized

assessments that offer reliable results in performance-based measures and

demonstrate the level and duration an injured employee may return to work.

b. The conclusions of medical experts, following observations of other activities the

medical expert determines similarly predictive, when the results of the physical

examination in subdivision a are not obtained or reliable.

38. a. "Wages" means:

(1) An injured employee's remuneration from all employment reportable to the

internal revenue service as earned income for federal income tax purposes.

(2) For members of the national guard who sustain a compensable injury while

on state active duty, "wages" includes income from federal employment and

may be included in determining the average weekly wage.

(3) For purposes of chapter 65-04 only, "wages" means all gross earnings of all

employees. The term includes all pretax deductions for amounts allocated

by the employee for deferred compensation, medical reimbursement,

retirement, or any similar program, but may not include dismissal or

severance pay.

b. The organization may consider postinjury wages for which coverage was not

required or otherwise secured in North Dakota for purposes of determining

appropriate vocational rehabilitation options or entitlement to disability benefits

under this title.
N.D. Cent. Code § 65-01-12 — ND Code / Title 65 / Chapter 65-01 / Section 65-01-12
65-01-12. Attorney general to represent organization
Status: in_force

65-01-12. Attorney general to represent organization

Upon the request of the organization, the attorney general shall institute and prosecute the

necessary actions or proceedings for the enforcement of this title or for the recovery of any

money due the fund or of any penalty provided for in this title, and shall defend all suits, actions,

or proceedings brought against the organization or any of its employees in the attorney

general's official capacity.
N.D. Cent. Code § 65-07.1-02 — ND Code / Title 65 / Chapter 65-07.1 / Section 65-07.1-02
65-07.1-02. Vocational training or work evaluation programs - Organization may contract
Status: in_force

65-07.1-02. Vocational training or work evaluation programs - Organization may

contract.

Whenever an agency or organization has been approved as an employer under

subsection 2 of section 65-07.1-01, the organization may contract with the agency or

organization for the coverage of participants in a program of vocational training or work

evaluation. The premium for the coverage must be based on a reasonable wage or fee as

determined by the organization for employees in the same class of industry that the employer is

engaged.
N.D. Cent. Code § 65-04-14 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-14
65-04-14. False payroll report - Liability of employer - Collection and disposition of penalty
Status: repealed

65-04-14. False payroll report - Liability of employer - Collection and disposition of

penalty.

Repealed by S.L. 2001, ch. 578, § 17.
N.D. Cent. Code § 65-06.1-02 — ND Code / Title 65 / Chapter 65-06.1 / Section 65-06.1-02
65-06.1-02. Civil air patrol members declared employees - Covered by workforce safety and insurance
Status: in_force

65-06.1-02. Civil air patrol members declared employees - Covered by workforce

safety and insurance.

Civil air patrol members are deemed employees of the civil air patrol and eligible for

coverage under this title when engaged in official state activities authorized under chapter

54-45.
N.D. Cent. Code § 65-05.2-01 — ND Code / Title 65 / Chapter 65-05.2 / Section 65-05.2-01
65-05.2-01. Eligibility for supplementary benefits
Status: in_force

65-05.2-01. Eligibility for supplementary benefits

1. For claims filed before January 1, 2006, a workforce safety and insurance claimant

who is receiving temporary total disability benefits, permanent total disability benefits,

or death benefits, and who has been receiving disability or death benefits for a period

of three consecutive years is eligible for supplementary benefits. Eligibility for

supplementary benefits under this subsection lasts as long as the claimant is entitled

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

benefits.

2. For claims filed after December 31, 2005, a workforce safety and insurance claimant

who is receiving permanent total disability benefits or death benefits and who has

been receiving disability or death benefits for a period of at least three consecutive

years is eligible for supplementary benefits. Eligibility for supplementary benefits under

this subsection lasts as long as the claimant is entitled to permanent total disability

benefits or death benefits.
N.D. Cent. Code § 65-05-19 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-19
65-05-19. Providing nondependency payments in certain cases
Status: in_force

65-05-19. Providing nondependency payments in certain cases

If the death of an employee with no surviving spouse or dependent children results from an

injury within the time specified in section 65-05-16, the organization shall pay a lump sum equal

to five percent of the maximum total death benefits specified in subsection 1 of section 65-05-17

to the surviving nondependent child, or in equal shares to the surviving nondependent children.

In the event that no nondependent child is living, the sum provided under this section must be

paid in equal shares to the surviving parents of the deceased, and if there are none, then to the

deceased employee's living brothers and sisters. If there are no living brothers or sisters, the

sum under this section must be paid in equal shares to the surviving grandparents, if any, of the

deceased employee.
N.D. Cent. Code § 65-03-04 — ND Code / Title 65 / Chapter 65-03 / Section 65-03-04
65-03-04. Safety programs - Continuing appropriation
Status: in_force

65-03-04. Safety programs - Continuing appropriation

The organization shall create and operate work safety and loss prevention programs to

protect the health of covered employees and the financial integrity of the fund, including

programs promoting safety practices by employers and employees through education, training,

consultation, grants, or incentives. As a term of award of a grant under this section, a recipient

authorizes the organization to disclose the name of the award recipient and the amount of the

award received. Any funds deposited in the workforce safety 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 § 65-04-33 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-33
65-04-33. Intentional acts - Failure to secure coverage - Uninsured - Noncompliance - Failure to submit necessary reports - Penalty
Status: in_force

65-04-33. Intentional acts - Failure to secure coverage - Uninsured - Noncompliance -

Failure to submit necessary reports - Penalty.

1. An employer may not employ any person, or receive the fruits of the labor of any

person, in a hazardous employment as defined in this title, without first applying for

workforce safety and insurance coverage for the protection of employees by notifying

the organization of the intended employment, the nature of the intended employment,

and the estimated payroll expenditure for the coming twelve-month period.

2. a. An employer that willfully misrepresents to the organization or its representative,

by statement or omission, the amount of payroll upon which a premium under this

title is based, or that willfully fails to secure coverage for employees, is liable to

the state in the amount of five thousand dollars plus three times the difference

between the premium paid and the amount of premium the employer should have

paid.

b. The organization shall collect a penalty imposed under this subsection in a civil

action in the name of the state, and the organization shall deposit a penalty

collected under this subsection to the credit of the workforce safety and insurance

fund.

c. An employer that willfully misrepresents to the organization or its representative,

by statement or omission, the amount of payroll upon which a premium under this

title is based, or that willfully fails to secure coverage for employees, is guilty of a

class A misdemeanor. If the premium due exceeds one thousand dollars, the

penalty for willful failure to secure coverage or willful misrepresentation to the

organization or its representative is a class C felony. If the employer is a

corporation or a limited liability company, the president, secretary, treasurer, or

person with primary responsibility is liable for the failure to secure workforce

safety and insurance coverage under this subsection.

d. In addition to the penalties prescribed by this subsection, the organization may

initiate injunction proceedings as provided for in this title to enjoin an employer

from unlawfully employing uninsured workers.

e. The cost of an investigation under this subsection which results in a criminal

conviction may be charged to the employer's account and collected by civil

action.

3. An employer that willfully makes a false statement or fails to make a statement in an

attempt to preclude an injured worker from securing benefits or payment for services,

or that willfully discharges or threatens to discharge an employee for seeking or

making known the intention to seek workforce safety and insurance benefits is liable to

the state in the amount of five thousand dollars. The organization shall collect a civil

penalty imposed under this section in a civil action in the name of the state, and the

organization shall deposit a penalty collected under this section to the credit of the

workforce safety and insurance fund. A willful violation of this section is a class A

misdemeanor. The cost of an investigation under this subsection which results in a

criminal conviction may be charged to the employer's account and collected by civil

action.

4. a. An employer that is uninsured for failure to secure coverage is liable for any

premiums, assessments plus penalties and interest due on those premiums, plus

a penalty of twenty-five percent of all premiums due during the most recent year

of failure to secure coverage.

b. An additional five percent penalty is due for each year of failure to secure

coverage before the most recent year beginning on the date the organization

became aware of the employer's failure to secure coverage, resulting in the

penalty for the second most recent year being thirty percent, for the third most

recent year being thirty-five percent, for the fourth most recent year being forty

percent, for the fifth most recent year being forty-five percent, and for the sixth

most recent year being fifty percent.

c. In addition, the organization may assess a penalty of up to five thousand dollars

for each premium period the employer failed to secure coverage. The

organization may not assess a penalty for more than six years of failure to secure

coverage.

d. The organization may assess an employer the actual cost and reserves of any

claim attributable to the employer during the time the employer failed to secure

coverage.

e. The penalties for employers are in addition to any other penalties by law. The

organization may reduce the penalties provided for under this section. An

employer may not appeal an organization decision not to reduce a penalty under

this subsection.

5. a. An employer in noncompliance is subject to a penalty of up to five thousand

dollars for each premium period the employer was in noncompliance.

b. The organization may not assess a penalty for more than six years of past

noncompliance.

c. The organization may reduce the penalties provided for under this section. An

employer may not appeal an organization decision not to reduce a penalty under

this subsection.

6. a. An employer that fails or refuses to furnish to the organization the payroll report

or estimate, or that fails or refuses to furnish other information required by the

organization under this chapter is subject to a penalty established by the

organization of up to five thousand dollars.

b. Upon the request of the organization, the employer shall furnish the organization

any of that employer's payroll records, payroll reports, and other information

required by the organization under this chapter and an estimate of payroll for the

advance premium year.

c. If the employer fails or refuses to provide the records within thirty days of a

written request from the organization, the employer is subject to a penalty of five

thousand dollars and a penalty not to exceed one hundred dollars for each day

until the organization receives the records.

d. The organization may not assess a penalty that exceeds one hundred fifty dollars

under this subsection against an organized township.

e. The organization may reduce penalties for employers under this subsection.

However, an employer may not appeal an organization decision not to reduce a

penalty.
N.D. Cent. Code § 65-05-01.5 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-01.5
65-05-01.5. Organization to notify employee of receipt of employer's first report of notice of injury
Status: in_force

65-05-01.5. Organization to notify employee of receipt of employer's first report of

notice of injury.

If a claim for compensation has not been received by the organization but the organization

has received an employer's first report of notice of injury, the organization shall notify the

employee that the employer's first report has been received and shall advise the employee of

the claim filing requirements of section 65-05-01.
N.D. Cent. Code § 65-03-05 — ND Code / Title 65 / Chapter 65-03 / Section 65-03-05
65-03-05. Safety grant programs - Reporting requirements
Status: repealed

65-03-05. Safety grant programs - Reporting requirements

Repealed by S.L. 2023, ch. 585, § 3.
N.D. Cent. Code § 65-02-35 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-35
65-02-35. Attorney's fees for legal review in preparation for rehearing of an administrative order
Status: in_force

65-02-35. Attorney's fees for legal review in preparation for rehearing of an

administrative order.

1. The organization shall pay an injured employee's attorney for the fees and costs to

consult with the injured employee regarding a request for rehearing of an

administrative order issued by the organization under section 65-01-16 and chapter
N.D. Cent. Code § 65-02-14 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-14
65-02-14. Organization to aid in rehabilitating persons injured in employment
Status: repealed

65-02-14. Organization to aid in rehabilitating persons injured in employment

Repealed by S.L. 1975, ch. 584, § 10.
N.D. Cent. Code § 65-05-28 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-28
65-05-28. Examination of injured employee - Paid expenses - No compensation paid if injured employee refuses to reasonably participate
Status: in_force

65-05-28. Examination of injured employee - Paid expenses - No compensation paid if

injured employee refuses to reasonably participate.

An injured employee may select a health care provider of that injured employee's choice to

render initial treatment. Upon a determination that the injured employee's injury is compensable,

the organization may require the injured employee to begin treating with another health care

provider to better direct the medical aspects of the injured employee's claim. The organization

shall provide a list of three health care providers who specialize in the treatment of the type of

injury the employee sustained. At the organization's request, the injured employee shall select a

health care provider from the list. An injured employee shall follow the directives of the health

care provider treating the injured employee as chosen by the injured employee at the request of

the organization and comply with all reasonable requests during the time the injured employee

is under medical care. Providing further that:

1. An injured employee may not change from one health care provider to another while

under treatment or after being released, without the prior written authorization of the

organization. Failure to obtain approval of the organization renders the injured

employee liable for the cost of treatment and the new health care provider will not be

considered the attending health care provider for purposes of certifying temporary

disability.

a. Any injured employee requesting a change of health care provider shall file a

written request with the organization stating all reasons for the change. Upon

receipt of the request, the organization shall review the injured employee's claim

and approve or deny the change of health care provider, notifying the injured

employee and the requested health care provider.

b. Emergency care or treatment or referral by the attending health care provider

does not constitute a change of health care provider and does not require prior

approval of the organization.

2. Travel and other personal reimbursement for seeking and obtaining medical care is

paid only upon request of the injured employee. All claims for reimbursement must be

supported by the original vendor receipt, when appropriate, and must be submitted

within one year of the date the expense was incurred or reimbursement must be

denied. Reimbursement must be made at the organization reimbursement rates in

effect on the date of incurred travel or expense. The calculation for reimbursement for

travel by motor vehicle must be calculated using miles actually and necessarily

traveled. A personal reimbursement requested under this subsection is a managed

care decision under section 65-02-20, subject to the appeal process as provided for in

section 65-02-20. Providing further that:

a. Payment for mileage or other travel expenses may not be made when the

distance traveled is less than fifty miles [80.47 kilometers] one way, unless the

total mileage equals or exceeds two hundred miles [321.87 kilometers] in a

calendar month;

b. All travel reimbursements are payable at the rates at which state employees are

paid per diem and mileage, except that the organization may pay no more than

actual cost of lodging, if actual cost is less;

c. Reimbursement may not be paid for travel other than that necessary to obtain the

closest available medical or hospital care needed for the injury. If the injured

employee chooses to seek medical treatment outside a local area where care is

available, travel reimbursement may be denied;

d. Reimbursement may not be paid for the travel and associated expenses incurred

by the injured employee's spouse, children, or other persons unless the injured

employee's injury prevents travel alone and the inability is medically

substantiated; and

e. Other expenses, including telephone calls and car rentals are not reimbursable

expenses.

3. The organization may at any time require an injured employee to submit to an

independent medical examination or independent medical review by one or more duly

qualified allied health care professionals designated or approved by the organization.

The organization shall make a reasonable effort to designate a duly qualified allied

health care professional licensed in the state in which the injured employee resides to

conduct the examination before designating a duly qualified allied health care

professional licensed in another state or shall make a reasonable effort to designate a

duly qualified allied health care professional licensed in a state other than the injured

employee's state of residence if the examination is conducted at a site within two

hundred seventy-five miles [442.57 kilometers] from the injured employee's residence.

An independent medical examination and independent medical review must be for the

purpose of review of the diagnosis, prognosis, treatment, or fees. An independent

medical examination contemplates an actual examination of an injured employee,

either in person or remotely if appropriate. An independent medical review

contemplates a file review of an injured employee's records, including treatments and

testing. The injured employee may have a duly qualified health care provider

designated by that employee present at the examination or later review the written

report of the allied health care professional performing the independent medical

examination, if procured and paid for by that injured employee. Providing further that:

a. In case of any disagreement between allied health care professionals making an

examination on the part of the organization and the injured employee's allied

health care professional, the organization shall appoint an impartial allied health

care professional duly qualified who shall make an examination and shall report

to the organization.

b. The injured employee, in the discretion of the organization, may be paid

reasonable travel and other per diem expenses under the guidelines of

subsection 2. If the injured employee is working and loses gross wages from the

injured employee's employer for attending the examination, the gross wages

must be reimbursed as a miscellaneous expense upon receipt of a signed

statement from the employer verifying the gross wage loss.

4. If an injured employee, or the injured employee's representative, refuses to submit to,

or in any way intentionally obstructs, any examination or treatment, or refuses to

reasonably participate in medical or other treatments or examinations, the injured

employee is medically noncompliant. If the organization determines an injured

employee is medically noncompliant without good cause, the organization shall

discontinue disability and vocational rehabilitation benefits. At any time the injured

employee is medically noncompliant, efforts by the injured employee to come into

compliance are not considered successful compliance until the injured employee has

been compliant for a period of at least sixty days. If the period of medical

noncompliance continues for sixty days following the date disability and vocational

rehabilitation benefits are discontinued, or a second instance of medical

noncompliance occurs without good cause, the organization may not pay any further

disability and vocational rehabilitation benefits, regardless of whether the injured

employee sustained a significant change in medical condition due to the work injury.

The period of noncompliance must be deducted from the period for which

compensation is payable to the injured employee.

5. If an injured employee undertakes activities, whether or not in the course of

employment, which exceed the treatment recommendations of the injured employee's

health care provider regarding the work injury, and the health care provider determines

the employee's injury or condition has been aggravated or has worsened as a result of

the injured employee's activities, the organization may not pay benefits relative to the

aggravation or worsening, unless the activities were undertaken at the demand of an

employer. An employer's account may not be charged with the expenses of an

aggravation or worsening of a work-related injury or condition unless the employer

knowingly required the injured employee to perform activities that exceed the

treatment recommendations of the injured employee's health care provider.
N.D. Cent. Code § 65-05-12.2 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-12.2
65-05-12.2. Permanent impairment - Compensation - Time paid
Status: in_force

65-05-12.2. Permanent impairment - Compensation - Time paid

A permanent impairment is not intended to be a periodic payment and is not intended to

reimburse the employee for specific expenses related to the injury or wage loss. If a

compensable injury causes permanent impairment, the organization shall determine a

permanent impairment award on the following terms:

1. The organization shall calculate the amount of the award by multiplying thirty-five

percent of the average weekly wage in this state on the date of the impairment

evaluation, rounded to the next highest dollar, by the permanent impairment multiplier

specified in subsection 10.

2. The organization shall notify the employee by certified mail, to the last-known address

of the employee, when that employee becomes potentially eligible for a permanent

impairment award. After the organization has notified the employee, the employee

shall file, within one hundred eighty days from the date the employee was notified, a

written request for an evaluation for permanent impairment. Failure to file the written

request within the one hundred eighty-day period precludes an award under this

section.

3. An injured employee is entitled to compensation for permanent impairment under this

section only for those findings of impairment that are permanent and which were

caused by the compensable injury. The organization may not issue an impairment

award for impairment findings due to unrelated, noncompensable, or pre-existing

conditions, even if these conditions were made symptomatic by the compensable work

injury, and regardless of whether section 65-05-15 applies to the claim.

4. An injured employee is eligible for an evaluation of permanent impairment only when

all conditions caused by the compensable injury have reached maximum medical

improvement. The injured employee's doctor shall report to the organization the date

an employee has reached maximum medical improvement and any evidence of

impairment of function the injured employee has after that date. If the report states that

the employee is potentially eligible for a permanent impairment award, the

organization shall conduct a review and provide notice to the employee as provided by

subsection 2. If the injured employee files a timely written request under subsection 2,

the organization shall schedule an impairment evaluation by a doctor qualified to

evaluate the impairment.

5. A health care provider evaluating permanent impairment shall include a clinical report

in sufficient detail to support the percentage ratings assigned. The organization shall

adopt administrative rules governing the evaluation of permanent impairment. These

rules must incorporate principles and practices of the sixth edition of the American

medical association's "Guides to the Evaluation of Permanent Impairment" modified to

be consistent with North Dakota law, to resolve issues of practice and interpretation,

and to address areas not sufficiently covered by the guides. Subject to rules adopted

under this subsection, impairments must be evaluated under the sixth edition of the

guides.

6. The organization shall deduct, on a permanent impairment multiplier basis, from an

award for impairment under this section, any previous impairment award under the

workers' compensation laws of any jurisdiction.

7. An injured employee is not entitled to a permanent impairment award due solely to

pain.

8. Other than an award identified in subsection 11, an award may not be issued unless

specifically identified and quantified within the sixth edition of the American medical

association's "Guides to the Evaluation of Permanent Impairment".

9. If an employee dies, the right to any compensation payable pursuant to an impairment

evaluation previously requested by the employee under subsection 2, which remains

unpaid on the date of the employee's death, survives and passes to the employee's

dependent spouse, minor children, parents, or estate, in that order. If the employee

dies, only those findings of impairment which are objectively verifiable such as values

for surgical procedures and amputations may be considered in a rating for impairment.

Impairment findings not supported by objectively verifiable evidence may not be

included in a rating for impairment. The deceased employee's dependents or

representatives shall request an impairment award under this subsection within one

year from the date of death of the employee.

10. If the injury causes permanent impairment, the award must be determined based on

the percentage of whole body impairment in accordance with the following schedule:

Permanent impairment

Impairment: multiplier of:

1 to 13 percent 0

14 percent 10

15 percent 10

16 percent 15

17 percent 15

18 percent 20

19 percent 20

20 percent 25

21 percent 25

22 percent 30

23 percent 30

24 percent 30

25 percent 35

26 percent 35

27 percent 35

28 percent 40

29 percent 45

30 percent 50

31 percent 60

32 percent 70

33 percent 80

34 percent 90

35 percent 100

36 percent 110

37 percent 120

38 percent 130

39 percent 140

40 percent 150

41 percent 160

42 percent 170

43 percent 180

44 percent 190

45 percent 200

46 percent 210

47 percent 220

48 percent 230

49 percent 240

50 percent 260

51 percent 280

52 percent 300

53 percent 320

54 percent 340

55 percent 360

56 percent 380

57 percent 400

58 percent 420

59 percent 440

60 percent 465

61 percent 490

62 percent 515

63 percent 540

64 percent 565

65 percent 590

66 percent 615

67 percent 640

68 percent 665

69 percent 690

70 percent 715

71 percent 740

72 percent 765

73 percent 790

74 percent 815

75 percent 840

76 percent 865

77 percent 890

78 percent 915

79 percent 940

80 percent 965

81 percent 990

82 percent 1015

83 percent 1040

84 percent 1065

85 percent 1090

86 percent 1115

87 percent 1140

88 percent 1165

89 percent 1190

90 percent 1215

91 percent 1240

92 percent 1265

93 percent 1290

94 percent 1320

95 percent 1350

96 percent 1380

97 percent 1410

98 percent 1440

99 percent 1470

100 percent 1500

11. An amputation of a finger or toe at the level of the distal interphalangeal joint or

proximal to that joint, or the thumb or the great toe at the interphalangeal joint or

proximal to that joint, which is determined to result in a whole body impairment of less

than fourteen percent and which is not identified in the following schedule, is payable

as a fourteen percent impairment. If an evaluation for the loss of an eye or for an

amputation results in an award that is less than the permanent impairment multiplier

identified in the following schedule, the organization shall pay an award equal to the

permanent impairment multiplier set out in the following schedule:

Permanent impairment

For amputation of: multiplier of:

A thumb 65

The second or distal phalanx of the thumb 28

The first finger 40

The middle or second phalanx of the first finger 28

The third or distal phalanx of the first finger 22

The second finger 30

The middle or second phalanx of the second finger 22

The third or distal phalanx of the second finger 14

The third finger 20

The middle or second phalanx of the third finger 16

The fourth finger 16

The middle or second phalanx of the fourth finger 12

The leg at the hip 234

The leg at or above the knee 195

The leg at or above the ankle 150

A great toe 30

The second or distal phalanx of the great toe 18

Any other toe 12

Permanent impairment

For loss of: multiplier of:

An eye 150

Vision of an eye which equals or exceeds 20/200 corrected 100

The award for the amputation of more than one finger of one hand may not exceed an

award for the amputation of a hand. The award for the amputation of more than one

toe of one foot may not exceed an award for the amputation of a foot. If any of the

amputations or losses set out in this subsection combine with other impairments for

the same work-related injury or condition, the organization shall issue an impairment

award based on the greater of the permanent impairment multiplier allowed for the

combined rating established under the sixth edition of the American medical

association's "Guides to the Evaluation of Permanent Impairment" or the permanent

impairment multiplier set forth in this subsection.

12. If there is a medical dispute regarding the percentage of an injured employee's

permanent impairment, all relevant medical evidence must be submitted to an

independent health care provider who has not treated the employee and who has not

been consulted by the organization in relation to the injury upon which the impairment

is based. The organization shall establish a list of health care providers who have the

training and experience necessary to conduct an evaluation of permanent impairment

and to apply the sixth edition of the American medical association's "Guides to the

Evaluation of Permanent Impairment". The organization shall define, by rule, the

process by which the organization shall choose an independent health care provider or

health care providers to review a disputed permanent impairment evaluation or rating.

The decision of the independent health care provider or health care providers chosen

under this process is presumptive evidence of the degree of permanent impairment of

the employee which can only be rebutted by clear and convincing evidence. This

subsection does not impose liability on the organization for an impairment award for a

rating of impairment for a body part or condition the organization has not determined to

be compensable as a result of the injury. The employee bears the expense of witness

fees of the independent health care provider or health care providers if the employee

disputes the findings of the independent health care provider or health care providers.

13. An attorney's fees are not payable unless there is a bona fide dispute as to the

percentage of the employee's permanent impairment or unless there is a dispute as to

the employee's eligibility for an award for permanent partial impairment. An attorney's

fees payable in connection with a permanent impairment dispute may not exceed

twenty percent of the additional amount awarded upon final resolution of the dispute,

subject to the maximum fees established pursuant to section 65-02-08.

14. An attorney may not seek or obtain from an employee through a contingent fee

arrangement, or on a percentage basis, costs or fees payable in connection with the

award or denial of compensation for permanent impairment. A permanent impairment

award is exempt from the claims of creditors, including an employee's attorney, except

as provided by section 65-05-29.

15. If an injured employee qualifies for an additional award and the prior award was based

upon the number of weeks, the impairment multiplier must be used to compare against

the prior award of weeks in determining any additional award.
N.D. Cent. Code § 65-05.1-06.3 — ND Code / Title 65 / Chapter 65-05.1 / Section 65-05.1-06.3
65-05.1-06.3. Rehabilitation services pilot programs
Status: in_force

65-05.1-06.3. Rehabilitation services pilot programs

The organization may implement a system of pilot programs to allow the organization to

assess alternative methods of providing rehabilitation services. A pilot program may address

one or more of the organization's comprehensive rehabilitation services, including vocational,

medical, psychological, economic, and social rehabilitation services. The goal of a pilot program

must be to improve the outcome of the rehabilitation services offered by the organization to

assist the injured employee in making adjustments necessitated from the employee's injury and

to improve the effectiveness of vocational rehabilitation services in returning an employee to

substantial gainful employment. Notwithstanding laws to the contrary, a pilot program may

address a broad range of approaches, including collaborative efforts between the organization

and the injured employee through which there are variances from the rehabilitation services

hierarchy; return-to-work trial periods during which cash benefits are suspended; intensive job

search assistance; recognition of and focused services for injured employees who are at risk;

and coordination of services of public and private entities. If a pilot program utilizes coordination

of services of other state agencies, such as job service North Dakota, department of health and

human services, North Dakota university system, or department of public instruction, the

organization shall consult with the state agency in establishing the relevant portions of the pilot

program, and the state agency shall cooperate with the organization in implementing the pilot

program.
N.D. Cent. Code § 65-05-01.3 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-01.3
65-05-01.3. Failure to comply with notice and filing provisions
Status: in_force

65-05-01.3. Failure to comply with notice and filing provisions

If an employee fails to notify the employer of an accident and the general nature of the

employee's injury, the organization may consider that failure to notify in determining whether the

employee's injury is compensable.
N.D. Cent. Code § 65-02-03.2 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-03.2
65-02-03.2. Compensation of board members
Status: in_force

65-02-03.2. Compensation of board members

A board member is entitled to receive compensation as determined by the board for days

spent in attendance at board meetings or other business as approved by the board. A board

member is entitled to reimbursement for mileage and expenses as provided for state officers.
N.D. Cent. Code § 65-05-11 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-11
65-05-11. Maximum and minimum compensation allowances - Total and partial disability
Status: repealed

65-05-11. Maximum and minimum compensation allowances - Total and partial

disability.

Repealed by S.L. 1969, ch. 558, § 6.
N.D. Cent. Code § 65-04-22.1 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-22.1
65-04-22.1. Retroactive payment not required
Status: in_force

65-04-22.1. Retroactive payment not required

When the organization reviews a potential employment relationship involving an

independent contractor who has a valid identification number issued under section 34-05-01.4

and determines that the party described as an independent contractor is an employee for

purposes of workforce safety and insurance premiums, rather than an independent contractor,

the organization may not require the party determined to be the employer to pay premiums for

that employee, or any interest, penalty, or delinquency fee with respect to those premiums,

retroactive to the date the relationship with the employee began, unless, however, the

organization determines that the employer willfully and intentionally entered the relationship with

the purpose of avoiding workforce safety and insurance premium payments. The organization

may require the payment of premiums for that employee as of the date the order declaring an

employment relationship becomes final.
N.D. Cent. Code § 65-04-04 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-04
65-04-04. Employers obligated to pay premiums and assessments - Certificate provided
Status: in_force

65-04-04. Employers obligated to pay premiums and assessments - Certificate

provided.

1. Each employer subject to this title shall pay into the fund the amount of premium and

assessment determined by the organization. The amount must be determined by the

classifications, rules, and rates made and published by the organization and must be

based on a proportion of the annual expenditure of money by the employer for the

service of persons subject to the provisions of this title.

2. The organization shall provide to the employer a certificate specifying that the payment

has been made. The certificate, is prima facie evidence of the payment of the

premium.

3. Notwithstanding the provisions of section 65-04-15, the certificate may reflect the

employer has paid the minimum due and has no employees for the period indicated on

the certificate. If an employer defaults on premium or assessment payments after a

certificate has been issued, the organization may revoke that employer's certificate.

4. The organization shall provide that premiums or assessments payable by school

districts, multidistrict special education units, area career and technology centers, and

regional education associations, townships, and all public corporations or agencies,

except municipal corporations, fall due at the end of the fiscal year of that entity, and

that premiums or assessments payable by all municipal corporations fall due at the

end of the calendar year, and may make provisions so that premiums or assessments

of other employers fall due on different or specified dates.

5. For the purpose of effectuating different or specified due dates, the organization may

carry new or current risks for a period of less than one year and not to exceed

eighteen months, either by request of the employer or action of the organization.

6. An employer subject to this chapter shall display in a conspicuous manner at the

workplace and in a sufficient number of places to reasonably inform employees of the

fact, a certificate showing compliance with this chapter and the toll-free telephone

number used to report unsafe working conditions and actual or suspected workforce

safety and insurance fraud.

7. Any employer subject to this chapter is liable to pay a civil penalty of two hundred fifty

dollars for failure to display the notice of compliance and the toll-free telephone

number as required by this section.
N.D. Cent. Code § 65-04-19.2 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-19.2
65-04-19.2. State agency participation in risk management program
Status: repealed

65-04-19.2. State agency participation in risk management program

Repealed by S.L. 2003, ch. 564, § 14.
N.D. Cent. Code § 65-03-02 — ND Code / Title 65 / Chapter 65-03 / Section 65-03-02
65-03-02. Penalty for violation of safety rule or regulation - Fine - Penalty premium rating - Extension of time to comply
Status: repealed

65-03-02. Penalty for violation of safety rule or regulation - Fine - Penalty premium

rating - Extension of time to comply.

Repealed by S.L. 2023, ch. 465, § 8.
N.D. Cent. Code § 65-03-03 — ND Code / Title 65 / Chapter 65-03 / Section 65-03-03
65-03-03. Mine foremen - Rules regarding
Status: repealed

65-03-03. Mine foremen - Rules regarding

Repealed by S.L. 2009, ch. 608, § 6.
N.D. Cent. Code § 65-05.1-01 — ND Code / Title 65 / Chapter 65-05.1 / Section 65-05.1-01
65-05.1-01. Rehabilitation services
Status: in_force

65-05.1-01. Rehabilitation services

1. The state of North Dakota exercising its police and sovereign powers declares that

disability caused by injuries in the course of employment and disease fairly traceable

to the employment create a burden upon the health and general welfare of the citizens

of this state and upon the prosperity of this state and its citizens.

2. The purpose of this chapter is to ensure that injured employees covered by this title

receive services, so far as possible, necessary to assist the employee and the

employee's family in the adjustments required by the injury to the end that the

employee receives comprehensive rehabilitation services, including medical,

psychological, economic, and social rehabilitation.

3. It is the goal of vocational rehabilitation to return the disabled employee to substantial

gainful employment with a minimum of retraining, as soon as possible after an injury

occurs. "Substantial gainful employment" means bona fide work, for remuneration,

which is reasonably attainable in light of the individual's injury, functional capacities,

education, previous occupation, experience, and transferable skills, and which offers

an opportunity to restore the injured employee as soon as practicable and as nearly as

possible to ninety percent of the injured employee's average weekly wage, or to

sixty-six and two-thirds percent of the average weekly wage in the state on the date

the rehabilitation report is issued under section 65-05.1-02.1, whichever is less. The

purpose of defining substantial gainful employment in terms of earnings is to

determine the first appropriate priority option under subsection 4 which meets this

income test set out above.

4. The first appropriate option among the following, calculated to return the employee to

substantial gainful employment, must be chosen for the employee:

a. Return to the same position.

b. Return to the same occupation, any employer.

c. Return to a modified position.

d. Return to a modified or alternative occupation, any employer.

e. Return to an occupation within the local job pool of the locale in which the

claimant was living at the date of injury or of the employee's current address

which is suited to the employee's education, experience, and marketable skills.

f. Return to an occupation in the statewide job pool which is suited to the

employee's education, experience, and marketable skills.

g. Retraining of one hundred four weeks or less.

5. If the employee's first appropriate option is an option listed in subdivision c, d, e, or f of

subsection 4, the organization may pursue retraining of one hundred four weeks or

less. If an option listed in subdivision a, b, c, d, e, or f of subsection 4 has been

identified as appropriate for an injured employee and the employee is initially released

by the health care provider to return to part-time employment with the reasonable

expectation of attaining full-time employment, the organization shall pay temporary

partial disability benefits under section 65-05-10 until the health care provider

determines the employee is medically capable of full-time employment.

6. a. If the organization concludes that none of the priority options under subsection 4

are viable, and will not return the injured employee to the lesser of sixty-six and

two-thirds percent of the average weekly wage in the state, or ninety percent of

the injured employee's average weekly wage, the employee shall continue to

minimize the loss of earnings capacity, to seek, obtain, and retain employment:

(1) That meets the employee's functional capacities; and

(2) For which the employee meets the qualifications to compete.

b. Under section 65-05-10, the organization shall award partial disability based on

retained earnings capacity calculated under this section.

c. For purposes of calculating partial disability based on a retained earnings

capacity, an employee is presumed to be capable of earning the greater of the

state's hourly minimum wage times the hours of release based on a valid

functional capacities examination or the wages payable within the appropriate

labor market. This presumption is rebuttable only upon a finding of clear and

convincing medical and vocational evidence to the contrary. If the presumption is

successfully rebutted, the employee may receive partial disability benefits based

on a retained earnings capacity of zero.

7. The income test in subsection 3 must be waived when an employer offers the

employee a return-to-work option at a wage lower than the income test as defined

under subsection 3 or when the organization and the employee agree to waive the

income test and the priority options.

8. Vocational rehabilitation services may be initiated by:

a. The organization on its own motion; or

b. The employee or the employer if proof exists:

(1) That the employee has reached maximum medical recovery;

(2) That the employee is not working and is not voluntarily retired or removed

from the labor force; and

(3) That the employee has made good-faith efforts to seek, obtain, and retain

employment.

9. Chapter 50-06.1 does not apply to determinations of eligibility for vocational

rehabilitation made pursuant to this chapter.

10. If retraining is the first appropriate vocational rehabilitation option identified for an

employee, the employee shall notify the organization of the acceptance of the

retraining option on a form provided by the organization within thirty days from the date

the employee receives notice of eligibility for retraining. If the employee fails to notify

the organization of the acceptance of the retraining option within the thirty-day period,

the organization shall calculate a retained earnings capacity as provided in

subdivision c of subsection 6. A vocational rehabilitation allowance does not accrue as

weeks of temporary total disability as defined in section 65-01-02 if the employee

successfully completes a retraining program approved by the organization. If the

employee fails to successfully complete a retraining program approved by the

organization, the vocational rehabilitation allowance paid accrues against the

maximum number of weeks of temporary total disability allowed pursuant to section
N.D. Cent. Code § 65-04-13 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-13
65-04-13. Books, records, and payrolls of employers subject to audit and inspection - Penalty for refusal to permit inspection
Status: in_force

65-04-13. Books, records, and payrolls of employers subject to audit and inspection -

Penalty for refusal to permit inspection.

All books, records, and payrolls of the employers of the state, showing or reflecting in any

way upon the amount of wage expenditure of the employers, are open always for inspection by

the organization or any of its traveling auditors, inspectors, or assistants for the purpose of

ascertaining the correctness of the reports, wage expenditures, the number of employees, and

any other information necessary for the organization to administer this title. An employer who

refuses to submit the employer's books, records, and payrolls for inspection by the organization,

or its auditor, inspector, or assistant presenting written authority from the organization, is subject

to a penalty of five hundred dollars for each offense. The organization shall collect the penalty

by civil action in the name of the state and shall deposit a penalty collected under this section to

the credit of the fund.
N.D. Cent. Code § 65-04-26 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-26
65-04-26. Lien priority and filing - Remedies available in action for delinquent premiums - Exemptions restricted
Status: in_force

65-04-26. Lien priority and filing - Remedies available in action for delinquent

premiums - Exemptions restricted.

The claim of the organization in bankruptcy, probate, insolvency, and receivership

proceedings for premiums in default and penalties is a lien with the same priority as prior

income tax liens, except that this lien is not enforceable against a purchaser, including a lien

creditor, of real estate or personal property for valuable consideration without notice. Notice of

this lien must be filed in the place and manner provided for in section 57-38-49. A certificate of

the organization that premiums and penalties are due for the period stated in the certificate is

prima facie evidence of this fact. In any action brought for the recovery of premiums in default

and penalties, the remedies of garnishment or attachment, or both, are available. No

exemptions except absolute exemptions under section 28-22-02 may be allowed against any

levy under execution pursuant to judgment recovered in the action.
N.D. Cent. Code § 65-05.1-04 — ND Code / Title 65 / Chapter 65-05.1 / Section 65-05.1-04
65-05.1-04. Injured employee responsibility
Status: in_force

65-05.1-04. Injured employee responsibility

1. The injured employee shall seek, obtain, and retain reasonable and substantial

employment to reduce the period of temporary disability to a minimum. The employee

has the burden of establishing that the employee has met this responsibility.

2. If the injured employee is unable to obtain substantial employment as a direct result of

injury, the employee shall promptly notify the organization under subdivision b of

subsection 8 of section 65-05.1-01.

3. The injured employee shall be available for testing under subsection 6 or 7 of section

65-05.1-02, and for any further examinations and testing as may be prescribed by the

organization to determine whether or not a program of rehabilitation is necessary. The

injured employee also shall participate in remedial or other educational services when

those services are determined to be necessary by the organization.

4. If the first appropriate rehabilitation option under subsection 4 or 6 of section

65-05.1-01 is return to the same, modified, or alternative occupation, or return to an

occupation that is suited to the employee's education, experience, and marketable

skills, the employee is responsible to make a good-faith work trial or work search. If

the employee fails to perform a good-faith work trial or work search, the organization

may not pay additional disability benefits unless the employee meets the criteria for

reapplying for benefits required under subsection 1 of section 65-05-08. If the

employee meets the burden of proving that the employee made a good-faith work trial

or work search and that the work trial or work search was unsuccessful due to the

injury, the organization shall re-evaluate the employee's vocational rehabilitation claim.

When the first appropriate vocational rehabilitation option is identified for an employee,

the organization shall notify the employee of the obligation to make a good-faith work

search or good-faith work trial, and provide information to the employee regarding

reinstatement of benefits if the work search or work trial is unsuccessful.

5. If the first appropriate rehabilitation option under subsection 4 of section 65-05.1-01 is

retraining, the employee shall cooperate with the necessary testing to determine

whether the proposed training program meets the employee's medical limitations and

aptitudes. The employee shall attend a qualified rehabilitation training program when

ordered by the organization. A qualified training program is a rehabilitation plan that

meets the criteria of this title and commences within a reasonable period of time such

as the next quarter or semester. The organization and the employee, by agreement,

may waive the income test applicable under this subsection.

6. If, without good cause, the injured employee fails to make a good-faith work search in

return to work utilizing the employee's transferable skills, the employee is in

noncompliance with vocational rehabilitation. A good-faith work search that does not

result in placement is not, in itself, sufficient grounds to prove the work injury caused

the inability to acquire gainful employment. The employee shall show that the injury

significantly impacts the employee's ability to successfully compete for gainful

employment in that the injury leads employers to favor those without limitations over

the employee. If, without good cause, the injured employee fails to attend specific

vocational testing, remedial, or other vocational services determined necessary by the

organization, the employee is in noncompliance with vocational rehabilitation. If,

without good cause, the injured employee fails to attend a scheduled medical or

vocational assessment, fails to communicate or cooperate with the organization, or

fails to attend a specific qualified rehabilitation program within ten days from the date

the rehabilitation program commences, the employee is in noncompliance with

vocational rehabilitation. If, without good cause, the employee discontinues a training

program in which the employee is enrolled, the employee is in noncompliance with

vocational rehabilitation. If at any time the employee is noncompliant without good

cause, subsequent efforts by the employee to come into compliance with vocational

rehabilitation are not considered successful compliance until the employee has

successfully returned to the job or training program for a period of thirty days. In all

cases of noncompliance by the employee, the organization shall discontinue disability

and vocational rehabilitation benefits. If the period of noncompliance continues for

thirty days following the date benefits are discontinued, or a second instance of

noncompliance occurs without good cause, the organization may not pay any further

disability or vocational rehabilitation benefits, regardless of whether the employee

sustained a significant change in medical condition due to the work injury.
N.D. Cent. Code § 65-01-15.2 — ND Code / Title 65 / Chapter 65-01 / Section 65-01-15.2
65-01-15.2. Presumption of compensability for cardiac events of full-time paid firefighters and law enforcement officers
Status: in_force

65-01-15.2. Presumption of compensability for cardiac events of full-time paid

firefighters and law enforcement officers.

1. A heart attack, stroke, vascular rupture, or other similar cardiac event, is presumed to

be a compensable injury when a full-time paid firefighter or law enforcement officer:

a. Engages in a situation involving strenuous physical law enforcement activity, fire

suppression activity, or emergency response activity, or participates in a training

exercise involving strenuous physical activity; and

b. The heart attack, stroke, vascular rupture, or other similar cardiac event occurs

no later than forty-eight hours after the full-time paid firefighter or law

enforcement officer engaged or participated in the activity listed under

subdivision a.

2. The presumption under subsection 1 may be rebutted by clear and convincing

evidence the condition or impairment was not work related.

3. This section applies to any full-time paid firefighter or law enforcement officer who has

less than five years of continuous service.

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

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

officer has successfully passed a medical examination that failed to reveal any

evidence of a cardiovascular condition.

5. 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.
N.D. Cent. Code § 65-05-09.3 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-09.3
65-05-09.3. Retirement presumption - Termination of benefits upon retirement
Status: in_force

65-05-09.3. Retirement presumption - Termination of benefits upon retirement

1. An employee who has retired or voluntarily withdrawn from the labor force and who, at

that time, was not eligible to receive temporary total disability, temporary partial

disability, or permanent total disability benefits or to receive a rehabilitation allowance

from the organization is presumed retired from the labor market. The presumption may

be rebutted by a preponderance of the evidence; however, the subjective statement of

an employee that the employee is not retired is not sufficient in itself to rebut objective

evidence of retirement.

2. An injured employee who begins receiving social security retirement benefits or other

retirement benefits in lieu of social security retirement benefits or who attains

retirement age for social security retirement benefits, unless the employee proves the

employee is not eligible to receive social security retirement benefits or other benefits

in lieu of social security retirement benefits, is considered retired. The organization

may not pay any disability benefits, rehabilitation benefits, or supplementary benefits

to an employee who is considered retired; however, the employee remains eligible for

medical benefits, permanent partial impairment benefits, and the additional benefit

payable under section 65-05-09.4.

3. The organization retains liability for disability benefits, rehabilitation benefits,

permanent partial impairment benefits, and medical benefits for an injured employee

who is receiving social security retirement benefits or other retirement benefits in lieu

of social security retirement benefits or who attains retirement age for social security

retirement benefits, unless the employee is not eligible to receive social security

retirement benefits or other benefits in lieu of social security retirement benefits, and

who is gainfully employed and who suffers an injury arising out of and in the course of

that employment. The organization may not pay disability or rehabilitation benefits

under this subsection for more than three years, subject to section 65-05-09.2, for

injuries occurring after August 1, 1997.

4. If an employee is injured within the two years preceding the employee's presumed

retirement date, the organization shall pay disability benefits, rehabilitation benefits, or

a combination of both benefits for no more than two years. If the duration of disability

benefits, rehabilitation benefits, or a combination of both benefits extends beyond the

presumed retirement date, the organization shall convert the benefit to an additional

benefit payable at the date the disability ends or when two years of benefits have been

paid, whichever occurs first.

5. This section applies to an individual who begins receiving social security retirement

benefits or other retirement benefits in lieu of social security retirement benefits or who

attains retirement age for social security retirement benefits unless the employee

proves the employee is not eligible to receive social security retirement benefits or

other benefits in lieu of social security retirement benefits, after July 31, 1995.

6. An injured employee who has received disability benefits that have been discontinued

before retirement in accordance with this section is eligible to receive disability benefits

after retirement if the injured employee meets the reapplication criteria under

subsection 1 of section 65-05-08. Disability and rehabilitation benefits received under

this subsection may not exceed three years.
N.D. Cent. Code § 65-05-33 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-33
65-05-33. Filing false claim or false statement - Penalty
Status: in_force

65-05-33. Filing false claim or false statement - Penalty

1. A person who claims benefits or payment for services under this title or the employer

of a person who claims benefits or payments for services is guilty of a class A

misdemeanor if the person or employer does any one or more of the following:

a. Willfully files a false claim or makes a false statement or an omission in an

attempt to secure payment of benefits or payment for services.

b. Willfully misrepresents that person's physical condition, including deceptive

conduct which misrepresents that person's physical ability.

c. Has a claim for disability benefits that has been accepted by the organization and

willfully fails to notify the organization of:

(1) Work or other activities as required under subsection 3 of section 65-05-08;

(2) The receipt of income from work; or

(3) An increase in income from work.

2. If any of the acts or omissions in subsection 1 are committed to obtain, or pursuant to

a scheme to obtain, more than one thousand dollars in benefits or payment for

services, the offense is a class C felony.

3. In addition to any other penalties provided by law, the person claiming benefits or

payment for services in violation of this section shall reimburse the organization for

any benefits paid based upon the false claim, false statement, or omission, and, if

applicable, under section 65-05-29 and shall forfeit any additional benefits relative to

that injury.

4. For purposes of this section, "statement" includes any testimony, claim form, notice,

proof of injury, proof of return-to-work status, bill for services, diagnosis, prescription,

hospital or doctor records, x-ray, test results, or other evidence of loss, injury, or

expense.
N.D. Cent. Code § 65-01-18 — ND Code / Title 65 / Chapter 65-01 / Section 65-01-18
65-01-18. Alternative dispute resolution - Pilot program - Continuing appropriation
Status: in_force

65-01-18. Alternative dispute resolution - Pilot program - Continuing appropriation

Notwithstanding any other provision of law, the organization may develop and implement

pilot programs to allow the organization to assess alternative forms of dispute resolution to

resolve disputes with injured employees. The goal of the pilot program must be to develop

timely, cost-effective, and amicable options to resolve disputes during any stage in the claim

adjudication or appeal process. A pilot program may address a broad range of approaches,

including collaborative efforts between the organization and other public or private entities.

Participation of an injured employee in the pilot program is voluntary. No more than fifty

thousand dollars per biennium from the workforce safety and insurance fund is appropriated to

the organization on a continuing basis for payment of organization expenses associated with the

pilot program.
N.D. Cent. Code § 65-05-23 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-23
65-05-23. Organization may modify apportionment of benefits in certain cases
Status: repealed

65-05-23. Organization may modify apportionment of benefits in certain cases

Repealed by S.L. 1997, ch. 545, § 6.
N.D. Cent. Code § 65-05-14 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-14
65-05-14. Scheduled injuries - Partial loss of use of member - Weekly compensation time - Compensation payable
Status: repealed

65-05-14. Scheduled injuries - Partial loss of use of member - Weekly compensation

time - Compensation payable.

Repealed by S.L. 1995, ch. 624, § 2.
N.D. Cent. Code § 65-05-30 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-30
65-05-30. Filing of claim constitutes consent to use of information received by health care provider
Status: in_force

65-05-30. Filing of claim constitutes consent to use of information received by health

care provider.

1. The filing of a claim with the organization constitutes a consent to the use by the

organization, in any proceeding by the organization or to which the organization is a

party in any court, of any information, including prior and subsequent prognosis

reports, medical records, medical bills, and other information concerning any health

care or health care services which was received by any health care provider, hospital,

or clinic in the course of any examination or treatment of the claimant.

2. The filing of a claim with the organization authorizes a health care provider, hospital, or

clinic to disclose to the organization, or authorized representative of the organization,

information or render an opinion regarding the injured employee's claim with the

organization. As used in this subsection, an opinion may include a statement regarding

liability, causation, or a pre-existing condition or other information the organization

deems necessary for the administration of this title. The filing of a claim with the

organization authorizes a health care provider, hospital, or clinic to disclose any

information to the organization deemed necessary for the administration of this title to

the organization's representative, or the employer, except any information directly

disclosed to the employer must be relevant to the employee's work injury or to

return-to-work issues.

3. If a health care provider furnishes information or an opinion under this section:

a. That health care provider does not incur any liability as a result of furnishing that

information or opinion.

b. The act of furnishing that information or opinion may not be the sole basis for a

disciplinary or other proceeding affecting professional licensure. However, the act

of furnishing that information or opinion may be considered in conjunction with

another action that may subject the health care provider to a disciplinary or other

proceeding affecting professional licensure.
N.D. Cent. Code § 65-02-32 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-32
65-02-32. Assessment of property - Notice to organization
Status: in_force

65-02-32. Assessment of property - Notice to organization

All property subject to valuation must be assessed for the purpose of making the payments

under section 65-02-31 in the same manner as other real property in this state is assessed for

tax purposes. Before June thirtieth of each year, the county auditor of any county in which

property subject to valuation is located shall give written notice to workforce safety and

insurance and the tax commissioner of the value placed by the county board of equalization

upon each parcel of property subject to valuation in that county.
N.D. Cent. Code § 65-02-26 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-26
65-02-26. Nondisclosure of investigative information
Status: in_force

65-02-26. Nondisclosure of investigative information

Any investigative information gathered pursuant to section 65-02-23 is criminal investigative

information and may not be disclosed except as provided in section 44-04-18.7. Notwithstanding

sections 65-04-15 and 65-05-32, the fraud unit may provide investigative and claim file

information to other fraud investigative and law enforcement entities, and gather investigative

and claim file information from them.
N.D. Cent. Code § 65-05-13 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-13
65-05-13. Scheduled injuries - Permanent loss of member - Compensation - Time compensation payable
Status: repealed

65-05-13. Scheduled injuries - Permanent loss of member - Compensation - Time

compensation payable.

Repealed by S.L. 1995, ch. 624, § 2.
N.D. Cent. Code § 65-02-05.1 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-05.1
65-02-05.1. Building maintenance account - Continuing appropriation
Status: in_force

65-02-05.1. Building maintenance account - Continuing appropriation

There is a building maintenance account within the workforce safety and insurance fund, to

which the organization shall deposit all building rental proceeds if the organization builds a

building that includes rental space for other state entities. The moneys in the account are

appropriated on a continuing basis to the organization to pay bond principal and interest

payments, operating, maintenance, repair, and payments in lieu of taxes expenses of the

building and grounds. This account may be used only for the purposes identified in this section.

The organization may either hire or contract for building maintenance and repair services

anticipated by this section.
N.D. Cent. Code § 65-02-34 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-34
65-02-34. Spending authority - Limited
Status: repealed

65-02-34. Spending authority - Limited

Repealed by S.L. 2009, ch. 611, § 13.
N.D. Cent. Code § 65-05-09.5 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-09.5
65-05-09.5. Additional benefit payable - Alternative calculation
Status: in_force

65-05-09.5. Additional benefit payable - Alternative calculation

1. This section applies to an injured employee who has a claim for which:

a. A compensable injury was incurred before August 1, 1995;

b. The date of first disability or the date of successful reapplication under subsection

1 of section 65-05-08 was after July 31, 1995; and

c. The injured employee received a determination of permanent and total disability

before August 1, 2007.

2. An injured employee who meets the requirements of subsection 1 is entitled to an

alternative calculation of additional benefits payable instead of the calculation provided

for under section 65-05-09.4. For the limited purpose of this alternative calculation, the

organization shall use the calculation established under section 65-05-09.4 and shall

consider that the injured employee's pre-August 1, 1995, date of injury is also the

injured employee's date of first disability.
N.D. Cent. Code § 65-05-05 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-05
65-05-05. Payments made to insured employees injured in course of employment and to their dependents
Status: in_force

65-05-05. Payments made to insured employees injured in course of employment and

to their dependents.

1. The organization shall disburse the fund for the payment of compensation and other

benefits as provided in this chapter to employees, or to their dependents in case death

has ensued, who:

a. Are subject to the provisions of this title;

b. Are employed by employers who are subject to this title; and

c. Have been injured in the course of their employment.

2. If an employee, or any person seeking benefits because of the death of an employee,

applies for benefits from another state for the same injury, the organization will

suspend all future benefits pending resolution of the application. If an employee, or

any person seeking benefits because of the death of an employee, is determined to be

eligible for benefits through some other state act or enters an agreement to resolve a

claim through some other state act, no further compensation may be allowed under

this title and the employee, or any person seeking benefits because of the death of an

employee, must reimburse the organization for the entire amount of benefits paid.
N.D. Cent. Code § 65-01-16 — ND Code / Title 65 / Chapter 65-01 / Section 65-01-16
65-01-16. Decisions by organization - Disputed decisions
Status: in_force

65-01-16. Decisions by organization - Disputed decisions

The following procedures must be followed in a claim for benefits, notwithstanding any

provisions to the contrary in chapter 28-32:

1. The organization shall send a copy of each initial claim form filed with the organization

to the claimant's employer, by regular mail or electronic means, along with a form for

the employer's response, if the employer's response has not been filed at the time the

claim is filed.

2. The organization may conduct a hearing on any matter within its jurisdiction by

informal internal review of the information of record.

3. The organization may issue a notice of decision for any decision made by informal

internal review and shall issue the notice of decision on the parties by regular mail or

electronic means. A notice of decision must include a statement of the decision, a

short summary of the reason for the decision, and notice of the right to

reconsideration.

4. A party 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.

5. After receiving a request for reconsideration, the organization shall issue to the parties

by regular mail or electronic means, a notice of decision reversing the previous

decision or an administrative order that includes its findings, conclusions, and order.

The organization may issue 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, any interested party may request, and the

organization shall promptly issue, an appealable determination.

6. An employee has forty-five days from the day the administrative order was mailed in

which to file a request for assistance from the decision review office under section

65-02-27.

7. A party has forty-five days, from the date of issuance of an administrative order or from

the day the decision review office issues its notice by regular mail or electronic means

that the office's assistance is complete, in which to file a written request for rehearing.

The request must specifically state each alleged error of fact and law to be reheard

and the relief sought. The request for rehearing is considered filed only upon receipt by

the organization. Absent a timely and sufficient request for rehearing, the

administrative order is final and may not be reheard or appealed.

8. Rehearings must be conducted as hearings under chapter 28-32 to the extent the

provisions of that chapter do not conflict with this section.

9. A party 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.

10. Any notice of decision, administrative order, or posthearing administrative order is

subject to review and reopening under section 65-05-04.
N.D. Cent. Code § 65-06.1-04 — ND Code / Title 65 / Chapter 65-06.1 / Section 65-06.1-04
65-06.1-04. Reimbursement for liability in excess of collected premiums
Status: in_force

65-06.1-04. Reimbursement for liability in excess of collected premiums

Whenever claim liability against the fund credited to the classification of civil air patrol

members exceeds the amount of premiums paid into the fund, the 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 through legislative appropriation. The adjutant

general may use the funds available to the adjutant general under the Federal Employment

Compensation Act liability coverage to satisfy the obligation under this section.
N.D. Cent. Code § 65-05.1-08 — ND Code / Title 65 / Chapter 65-05.1 / Section 65-05.1-08
65-05.1-08. Workforce safety and insurance vocational rehabilitation grants - Continuing appropriation
Status: in_force

65-05.1-08. Workforce safety and insurance vocational rehabilitation grants -

Continuing appropriation.

The organization may implement a grant program to promote and provide necessary

educational opportunities for injured employees within the vocational rehabilitation process. The

organization may award a grant to promote necessary skills upgrading and to provide for the

completion of remedial educational requirements which allow for optimal transition into the labor

force. The total annual amount the organization may grant under this section may not exceed

one hundred thousand dollars. The organization shall establish grant eligibility requirements and

make grant determinations based on the established criteria. Moneys are appropriated on a

continuing basis for the purpose of funding the grants under this section and for payment of

educational revolving loan fund obligations after July 31, 2023.
N.D. Cent. Code § 65-01-08 — ND Code / Title 65 / Chapter 65-01 / Section 65-01-08
65-01-08. Contributing employer and staffing service relieved from liability for injury to employee
Status: in_force

65-01-08. Contributing employer and staffing service relieved from liability for injury

to employee.

1. If a local or out-of-state employer secured the payment of compensation to that

employer's employees by contributing premiums to the fund, the employee, and the

parents in the case of a minor employee, or the representatives or beneficiaries of

either, do not have a claim for relief against the contributing employer or against any

agent, servant, or other employee of the employer for damages for personal injuries,

but shall look solely to the fund for compensation.

2. If a client company contracts with a staffing service for an employee's services, the

client company and the staffing service are immune from any claim for relief by that

employee or by another employee of the client company or staffing service, to the

same extent granted under this title to contributing employers if the client company or

staffing service secured the payment of compensation in accordance with this title.

Although an account must include the name of the staffing service, the employee is

considered an employee of the client company and staffing service for purposes of

application of immunity for injuries incurred by or caused by that employee.

3. For purposes of this section:

a. "Client company" means a person that contracts to receive services within the

course of that person's usual business from a staffing service or that contracts to

lease any or all of that person's employees from a staffing service.

b. "Staffing service" means an employer in the business of providing the employer's

employees to persons to perform services within the course of that person's usual

businesses. The term includes professional employer organizations' staff leasing

companies, employee leasing organizations, and temporary staffing companies.

The term "staffing service" must be broadly construed to encompass entities that

offer services provided by a professional employer organization, staff leasing

company, employee leasing organization, or temporary staffing company

regardless of the term used.

(1) Within the meaning of staffing service as used in this section, "temporary

staffing" or "temporary staffing service" means an arrangement by which an

employer hires its own employees and assigns the employees to a client

company to support or supplement the client company's workforce in a

special work situation, including:

(a) An employee absence;

(b) A temporary skill shortage;

(c) A seasonal workload; or

(d) A special assignment or project with a targeted end date.

(2) The term does not include arrangements in which the majority of the client

company's workforce has been assigned by a temporary staffing service for

a period of more than twelve consecutive months.

4. A staffing service that provides only temporary staffing services is the employee's

employer. The temporary staffing service shall maintain a workforce safety and

insurance account in the temporary staffing service's name and report the wages for

those workers annually to the organization. All other staffing services shall:

a. Report payroll detail as directed by the organization for each North Dakota client

company.

b. Maintain complete and separate records of the payroll of the staffing service's

client companies. Claims must be separately identified by the staffing service for

each client company.

c. Share employer responsibilities with the client company, including retention of the

authority to hire, terminate, discipline, and reassign employees. If the contractual

agreement between a staffing service and a client company is terminated, the

employees become the sole employees of the client company.

d. Notify the organization of the client company's name, workforce safety and

insurance account number, and the date the staffing service began providing

services to the client company. The staffing service shall provide this information

upon entering an agreement with a client company, but no later than fifteen days

from the effective date of the written agreement.

e. Supply the organization with a copy of the agreement between the staffing

service and client company.

f. Notify the organization upon termination of any agreement with a client company,

but no later than fifteen days from the effective date of termination.

g. Notify the staffing service's client companies of an uninsured status for failure to

pay workforce safety and insurance premiums within fifteen days of notice by the

organization.

5. A staffing service that provides both temporary and long-term employees is subject to

the reporting requirements associated with the type of employee provided to the client

company.

6. a. The organization shall maintain all employer data for each client company

requiring coverage under this title. If a client company enters an agreement with a

staffing service, the organization shall generate a master billing for the staffing

service detailing the staffing service's client companies.

b. Rate classifications for employees provided by a staffing service must be those

which would apply as if the work were performed by the employees of the client

company. A client company is eligible for organization safety discount and

dividend programs. If a client company enters an agreement with a staffing

service, the client company shall retain the client company's experience rate, if

applicable.

c. Both a staffing service and client company under this section are considered

employers for purposes of section 65-04-26.1. A staffing service that provides

employees to a client company that has been determined to be uninsured or

ineligible for coverage under sections 65-04-27.1 and 65-04-33 may not secure

workforce safety and insurance coverage for those employees.

7. a. The organization shall determine whether an entity is a staffing service. If the

organization determines an entity is a staffing service, the organization may

further determine if the entity is a temporary staffing service. In rendering either

determination, the organization may issue a decision under section 65-04-32. If

the organization determines an entity is not a staffing service, the client company

shall maintain a workforce safety and insurance account and pay the premium for

coverage of the employees.

b. The factors the organization may consider in determining whether an entity is a

staffing service include the number of client companies handled by the staffing

service, the length of time the staffing service has been in existence, the extent to

which the staffing service extends services to the general public, the degree to

which the client company and staffing service are separate and unrelated

business entities, the repetition of officers or managers between the client

company and staffing service, and the extent to which a client company has an

ownership or other interest in the staffing service. The organization also may

consider the scope of the services provided by the staffing service, the

relationship between the staffing service and the client company's workers, the

written agreement between the staffing service and the client company, and any

other factor deemed relevant by the organization.

c. The organization may require information from any staffing service, including a

list of current client company accounts, staffing assignments, payroll information,

and rate classification information. A client company shall provide any information

requested by the organization regarding any staffing service.

8. The organization may adopt rules consistent with this section which further define

client company and staffing service and which provide a procedure by which the

organization may determine whether an entity meets these definitions.
N.D. Cent. Code § 65-06.1-03 — ND Code / Title 65 / Chapter 65-06.1 / Section 65-06.1-03
65-06.1-03. Compensation benefits - How determined
Status: in_force

65-06.1-03. Compensation benefits - How determined

The basis for compensation and benefits for civil air patrol members under this chapter shall

be determined under section 65-05-09, except that the claimant's weekly wage shall be

determined through computation of income derived from the claimant's business or

employment.
N.D. Cent. Code § 65-06-01 — ND Code / Title 65 / Chapter 65-06 / Section 65-06-01
65-06-01. Volunteer firefighter, emergency or disaster volunteer, community emergency response team member, in training defined
Status: in_force

65-06-01. Volunteer firefighter, emergency or disaster volunteer, community

emergency response team member, in training defined.

The term "volunteer firefighter" means any active member of an organized volunteer fire

department of this state and any other individual performing services as a volunteer firefighter

for a municipality at the request of the chief or other individual in command of the fire

department of that municipality or of any other officer of that municipality having authority to

demand service as a firefighter. Firefighters who are paid a regular wage or stipend by the

municipality for serving as a firefighter, or whose entire time is devoted to service as a firefighter

for the municipality, for the purpose of this chapter, are not volunteer firefighters.

The term "emergency or disaster volunteer" means any individual serving without

remuneration who is actively engaged in training to qualify as a disaster emergency worker or is

responding to a hazard, emergency disaster, or enemy attack on this country, and who is

registered with the disaster emergency organization of a municipality, which has been officially

recognized by the director of the state division of homeland security and emergency

management.

The term "in training" means only those periods of time, during which an emergency or

disaster volunteer is receiving instruction, or is engaged in exercises or operations, in

preparation for qualification as a disaster emergency worker in the event of a hazard,

emergency, disaster, or enemy attack on this country.

The term "community emergency response team member" means an individual registered

as a community emergency response team member with the appropriate authority. For

purposes of this chapter, a community emergency response team member is acting as a

community emergency response team member only when the individual is receiving approved

community emergency response team training or is acting as a member of a community

emergency response team in an emergency or disaster.

Upon request of the organization, the disaster emergency organization of a municipality

shall provide the organization with its roster of registered community emergency response team

members.

The term "municipality" when used in reference to emergency or disaster volunteer means

the state, cities, counties, municipalities, districts, or any other geographical entity of this state.

This definition is not in any way intended to alter any interpretation or ruling in regard to the use

of the term municipality when used in reference to volunteer firefighters.
N.D. Cent. Code § 65-02-06.1 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-06.1
65-02-06.1. Allocated loss adjustment expenses - Continuing appropriation - Annual review
Status: in_force

65-02-06.1. Allocated loss adjustment expenses - Continuing appropriation - Annual

review.

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

the payment of all allocated loss adjustment expenses experienced by the organization in its

administration of this title. In its annual audit, the organization shall include a breakdown of

those allocated loss adjustment expenses that reflect the attorney's fees and costs paid to

attorneys who represent injured workers, the attorney's fees and costs paid to attorneys with

whom it contracts to represent the organization, the amount paid for administrative law judges

for hearings, and the court reporter and other legal expenses paid.
N.D. Cent. Code § 65-08.1-06 — ND Code / Title 65 / Chapter 65-08.1 / Section 65-08.1-06
65-08.1-06. Rates - Billing
Status: in_force

65-08.1-06. Rates - Billing

The board shall set the rates to be charged by the company for additional workforce safety

and insurance coverage. The board may consult with workforce safety and insurance and its

actuary in determining the appropriate rates. The company shall incorporate its billings with the

billings of the organization to ensure that an employer receives one billing that itemizes the

charges for mandatory workforce safety and insurance coverage and for the optional additional

workforce safety and insurance.
N.D. Cent. Code § 65-05-40 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-40
65-05-40. Opioid therapy and benzodiazepine duration limits - Termination of coverage
Status: in_force

65-05-40. Opioid therapy and benzodiazepine duration limits - Termination of

coverage.

1. The organization may not pay for opioid therapy that exceeds ninety morphine

milligram equivalents of opioid medication per day, or more than a seven-day supply of

an opioid medication within any single outpatient transaction during the initial thirty-day

period of opioid therapy.

a. The limitations do not apply to:

(1) Opioid therapy prescribed for active and aftercare cancer treatment;

(2) End-of-life and hospice care;

(3) Treatment for substance use disorder;

(4) An emergency room setting;

(5) An inpatient hospital setting;

(6) A long-term care facility setting; or

(7) An assisted living facility setting.

b. Opioid therapy includes controlled substances listed in subsections 3 and 4 of

section 19-03.1-07, subsection 6 of section 19-03.1-09, subsection 3 of section

19-03.1-11, subsections 3 and 4 of section 19-03.1-13, or any substance with

similar properties or affects.

2. The organization may not pay for benzodiazepine therapy beyond a cumulative

duration of four weeks, except when approved by the organization for the treatment of

an anxiety disorder. Benzodiazepine therapy includes controlled substances contained

in subdivisions a, i, j, k, l, p, r, v, x, ee, mm, qq, xx, yy, aaa, and ccc of subsection 4 of

section 19-03.1-11, or any substance with similar properties or affects.

3. The organization may not pay for any combination therapies that include controlled

substances from subsections 1 and 2 concurrently.

4. A review of requests to depart from the established limits in subsections 1, 2, and 3,

upon a showing of medical necessity, are dispute resolution decisions under section

65-02-20.
N.D. Cent. Code § 65-02-01.2 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-01.2
65-02-01.2. Organization to establish personnel system
Status: repealed

65-02-01.2. Organization to establish personnel system

Repealed by S.L. 2009, ch. 611, § 13.
N.D. Cent. Code § 65-05-01.4 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-01.4
65-05-01.4. Employer to file first report of notice of injury
Status: in_force

65-05-01.4. Employer to file first report of notice of injury

The employer shall file a first report of notice of injury with the organization within seven

days from the date the employer receives the notice of injury from the employee. Failure of the

employer to file a first report of notice of injury is an admission by the employer that the alleged

injury may be compensable. The organization may make or reopen a determination made

without an employer's first report of notice of injury on its own motion pursuant to section

65-05-04 on the grounds determined by the organization to be sufficient.
N.D. Cent. Code § 65-06.1-01 — ND Code / Title 65 / Chapter 65-06.1 / Section 65-06.1-01
65-06.1-01. Civil air patrol member defined
Status: in_force

65-06.1-01. Civil air patrol member defined

"Civil air patrol member" means a volunteer civilian member of the civil air patrol engaged in

official state activities authorized under chapter 54-45.
N.D. Cent. Code § 65-01-07 — ND Code / Title 65 / Chapter 65-01 / Section 65-01-07
65-01-07. Employer must keep record of injuries to employees - Reports required - Contents - Penalty
Status: repealed

65-01-07. Employer must keep record of injuries to employees - Reports required -

Contents - Penalty.

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 65-06.2-09 — ND Code / Title 65 / Chapter 65-06.2 / Section 65-06.2-09
65-06.2-09. Safety and performance review
Status: repealed

65-06.2-09. Safety and performance review

Repealed by S.L. 2019, ch. 524, § 14.
N.D. Cent. Code § 65-05-09.1 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-09.1
65-05-09.1. Social security offset
Status: in_force

65-05-09.1. Social security offset

When an injured employee, or spouse or dependent of an injured employee, is eligible for

and is receiving permanent total or temporary total disability benefits under section 65-05-09,

and is also eligible for, is receiving, or will receive, benefits under title II of the Social Security

Act [42 U.S.C. 423], the aggregate benefits payable under section 65-05-09 must be reduced,

but not below zero, by an amount equal as nearly as practicable to one-half of such federal

benefit. The federal benefit, or primary insurance amount, must be determined by the social

security administration. The amount to be offset must equal the primary insurance amount

rounded to the next lowest dollar less credit for either the entire amount of attorney's fees and

costs, or the fees and costs paid to an authorized representative of the employee as allowed by

the social security administration, withheld from past-due social security benefits or paid directly

by the claimant for representation before the social security administration. The amount of the

offset computed by the organization initially must remain the same throughout the period of

eligibility and may not be affected by any increase or decrease in federal benefits.

Any injured employee, or dependent of an injured employee, receiving permanent total or

temporary total disability benefits under section 65-05-09 and whose benefits are offset as

provided herein, is not eligible for any escalation of benefits which would adversely affect the

organization's right to offset workforce safety and insurance benefits against social security

benefits, as provided for in this chapter. This offset will become effective on January 1, 1980,

provided that it meets the criteria necessary to allow states to offset federal benefits under title II

of the Social Security Act [42 U.S.C. 424a]. Providing further that:

1. If the receipt of social security benefits results in an overpayment of temporary or

permanent total disability benefits by the organization, a refund of any overpayment

must be made by the injured employee or that overpayment must be taken from future

disability benefits, permanent partial impairment awards, or personal reimbursements

on the current claim or any future claim filed, at a recovery rate to be determined by

the organization.

2. If a claim has been accepted on an aggravation basis and the injured worker is eligible

for social security benefits, the organization's offset must be proportionally calculated.

3. If any person described in this section refuses to authorize the release of information

concerning the amount of benefits payable under the Social Security Act, the

organization's estimate of the amount is deemed to be correct until the actual amount

is established and no adjustment may be made for any period of time covered by the

refusal.
N.D. Cent. Code § 65-05-07.2 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-07.2
65-05-07.2. Payment to organization for certain claims
Status: repealed

65-05-07.2. Payment to organization for certain claims

Repealed by S.L. 2017, ch. 437, § 6.
N.D. Cent. Code § 65-02-03.3 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-03.3
65-02-03.3. Board - Powers and duties
Status: in_force

65-02-03.3. Board - Powers and duties

The board shall:

1. Assist the organization in developing and submitting a budget, responding to any audit

recommendations, formulating policies, and discussing issues related to the

administration of the organization, including the determination of employer premium

rates, maintenance of the solvency of the workforce safety and insurance fund, and

provision of rehabilitation services, while ensuring impartiality and freedom from

political influence.

2. Recommend principles of continuous improvement goalsetting, a procedure for

implementing a team-oriented continuous improvement program throughout all

operations of the organization. The program must include a number of challenging,

measurable goals to ensure the organization maintains focus on improving those

areas most important to its primary mission.

3. Adopt internal management rules creating bylaws for the board and relating to the

election of a board chairman, formation of committees, voting procedures, and other

procedural matters.

4. Provide annual, formal recommendations to the governor regarding setting premium

levels and providing premium dividend distributions.

5. Provide formal recommendations to the governor regarding legislation that affect the

organization.

6. Provide formal recommendations to the governor regarding the fund's investment

allocation.
N.D. Cent. Code § 65-09-03 — ND Code / Title 65 / Chapter 65-09 / Section 65-09-03
65-09-03. Award - Payroll reports - Notice - Premium - Judgment
Status: repealed

65-09-03. Award - Payroll reports - Notice - Premium - Judgment

Repealed by S.L. 2001, ch. 578, § 17.
N.D. Cent. Code § 65-04-10 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-10
65-04-10. Provision relating to workforce safety and insurance required in contractor's bonds
Status: in_force

65-04-10. Provision relating to workforce safety and insurance required in

contractor's bonds.

There must be inserted in every bond given by a contractor doing work for the state of North

Dakota or for any political subdivision thereof, in addition to the general provisions for the faithful

and complete performance of all work required under the contract, this further provision: That

the contractor has made, or will make, prior to the commencement of any work by the contractor

or any subcontractor under the contract, full and true report to the organization of the payroll

expenditures for the employees to be engaged in the work, and that the contractor has paid, or

will pay, the premium thereon prior to the commencement of the work.
N.D. Cent. Code § 65-01-01.1 — ND Code / Title 65 / Chapter 65-01 / Section 65-01-01.1
65-01-01.1. Civil liability for intentional injuries
Status: in_force

65-01-01.1. Civil liability for intentional injuries

The sole exception to an employer's immunity from civil liability under this title, except as

provided in chapter 65-09, is an action for an injury to an employee caused by an employer's

intentional act done with the conscious purpose of inflicting the injury.
N.D. Cent. Code § 65-04-03.1 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-03.1
65-04-03.1. State entities account - Continuing appropriation
Status: in_force

65-04-03.1. State entities account - Continuing appropriation

1. The organization shall establish a single workforce safety and insurance account for

state entities covered by chapter 32-12.2. The organization shall use the combined

payroll, premium, and loss history of selected agencies to determine future experience

rates, dividends, assessments, and premiums. Classifications and premium rates must

be based on the hazards and risks of the different occupations covered by this

account. The payroll reporting period for this account is for a fiscal year of July first

through June thirtieth. The office of management and budget shall furnish combined

payroll information to the organization in a format prescribed by the organization.

2. Workforce safety and insurance premiums from state entities covered by chapter

32-12.2 must be deposited in the risk management workers' compensation fund. The

state investment board shall invest this fund in accordance with chapter 21-10. Funds

received as contributions from state entities, all other payments deposited in this fund,

and interest and income received on investments are appropriated on a continuing

basis for the purposes of this fund. The purposes of this fund are to pay workforce

safety and insurance premiums for state agencies, workforce safety and insurance

claims costs not covered by the deductible contract, and costs associated with

workers' compensation loss control programs. The risk management division of the

office of management and budget shall administer this fund. Section 54-44.1-11 does

not apply to this fund.

3. A state entity covered by chapter 32-12.2 shall participate in the risk management

workforce safety and insurance program unless exempted by the director of the office

of management and budget.

4. The risk management division of the office of management and budget shall

administer the account's internal workforce safety and insurance return-to-work

program. Every state entity is required to participate in the return-to-work program. The

program may include assigning employees to agencies other than the agency for

which the employee worked on the date of the injury.

5. The office of management and budget may adopt rules to administer the risk

management workforce safety and insurance program.
N.D. Cent. Code § 65-05-09.4 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-09.4
65-05-09.4. Additional benefit payable
Status: in_force

65-05-09.4. Additional benefit payable

If an injured employee's benefits cease under subsection 2 of section 65-05-09.3, the

organization shall pay to that employee every twenty-eight days a benefit based on the length of

time the injured employee received disability benefits during the term of that claim. The

organization shall pay the injured employee's additional benefits until the employee's death or

for a period of time not to exceed the total length of time the employee received disability

benefits under sections 65-05-08, 65-05-08.1, 65-05-09, and 65-05-10, and a vocational

rehabilitation allowance under chapter 65-05.1, for that claim, whichever occurs first. The benefit

is based on the injured employee's compensation rate before any applicable social security

offset. The percentage of that final payment payable as the additional benefit is:

At least 1 year and less than 3 years of disability 5 percent of weekly benefit.

At least 3 years and less than 5 years of disability 10 percent of weekly benefit.

At least 5 years and less than 7 years of disability 15 percent of weekly benefit.

At least 7 years and less than 9 years of disability 20 percent of weekly benefit.

At least 9 years and less than 11 years of disability 25 percent of weekly benefit.

At least 11 years and less than 13 years of disability 30 percent of weekly benefit.

At least 13 years and less than 15 years of disability 35 percent of weekly benefit.

At least 15 years and less than 17 years of disability 40 percent of weekly benefit.

At least 17 years and less than 20 years of disability 45 percent of weekly benefit.

Twenty or more years of disability 50 percent of weekly benefit.

However, the organization shall pay to an injured employee who has been determined to be

catastrophically injured as defined by subdivision c of subsection 2 of section 65-05.1-06.1 an

additional benefit, until the death of the employee, equal to one hundred percent of the final

payment of the disability benefit that was discontinued under subsection 2 or 3 of section

65-05-09.3.
N.D. Cent. Code § 65-04-17 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-17
65-04-17. Experience rating of employers
Status: in_force

65-04-17. Experience rating of employers

The organization may establish a system for the experience rating of risks of employers

contributing to the fund, and such system shall provide for the credit rating and the penalty

rating of individual risks within such limitations as the organization may establish from time to

time.

In calculating the experience rating, the organization shall determine the minimum rate for

each employment classification by multiplying the required average premium rate by twenty-five

hundredths to get the minimum rate assigned to an employer with a positive experience rating.

The organization may not amend its experience rating system by emergency rulemaking.
N.D. Cent. Code § 65-02-21 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-21
65-02-21. Contract for administration of managed care program
Status: in_force

65-02-21. Contract for administration of managed care program

The organization may contract for the services of a third-party administrator to implement a

managed care program by soliciting bids for administrative services, including a description of

the program and the services expected of the managed care administrator. The organization

shall award an administrative services contract to the bidder who will best serve the interests of

the organization and the employees under this title. The contract must be for the period of a

biennium. The organization may renew, renegotiate, or rebid a contract based upon contract

performance, cost, and the best interests of an employee who suffers a compensable injury.
N.D. Cent. Code § 65-02-09 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-09
65-02-09. General information to public
Status: in_force

65-02-09. General information to public

The organization may publish general information as to the business transacted by the

organization as in its judgment may be useful. The organization shall make the following

information from no less than the two previous fiscal years available to the public:

1. A statement of the number of awards made by it.

2. A general statement of the causes of accidents leading to the injuries for which the

awards were made.

3. A detailed statement of the disbursements from the fund.

4. A statement of the conditions of the various funds carried by the organization.

5. A breakdown of those allocated loss adjustment expenses that reflect the attorney's

fees and costs paid to attorneys who represent injured workers, the attorney's fees

and costs paid to attorneys with whom the organization contracts to represent the

organization, the amount paid for administrative law judges for hearings, and the

amount paid for the court reporter and any other legal expenses.
N.D. Cent. Code § 65-05.1-03 — ND Code / Title 65 / Chapter 65-05.1 / Section 65-05.1-03
65-05.1-03. Director of rehabilitation services - Duties
Status: in_force

65-05.1-03. Director of rehabilitation services - Duties

The director of rehabilitation services shall:

1. Direct the implementation of programs for injured employees in accordance with

organization determinations in compliance with the purpose of this chapter.

2. Cooperate, contact, and assist any government or private organization or agency or

group of individuals or business or individual necessary or advantageous in carrying

out the purpose of this chapter.

3. Keep such records, for statistical purposes, and provide such training necessary for

the organization staff as is necessary to keep pace with future developments in the

area of rehabilitation services.
N.D. Cent. Code § 65-05-16 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-16
65-05-16. Death benefits payable
Status: in_force

65-05-16. Death benefits payable

1. The organization may pay benefits under this chapter in the case of the death of an

injured employee as the direct result of an injury sustained in the course of the injured

employee's employment when:

a. If there has been no disability preceding death, the death occurs within one year

after the date of the injury;

b. If there has been disability preceding death, the death occurs within one year

after the cessation of disability resulting from the injury;

c. If there has been disability that has continued to the time of death, the death

occurs within six years after the date of injury; or

d. If there has been disability that has continued to the time of death, the death

occurs more than six years after the date of injury, and the injured employee has

been designated catastrophically injured as defined under section 65-05.1-06.1.

2. The organization may not pay death benefits unless a claim is submitted within two

years of the death and:

a. The death is a direct result of an accepted compensable injury; or

b. If a claim was not submitted by the deceased, the claim for death benefits is

submitted within two years of the injury.
N.D. Cent. Code § 65-04-17.1 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-17.1
65-04-17.1. Retrospective rating program
Status: repealed

65-04-17.1. Retrospective rating program

Repealed by S.L. 2023, ch. 465, § 8.
N.D. Cent. Code § 65-02-39 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-39
65-02-39. Fees for outgoing file copies
Status: in_force

65-02-39. Fees for outgoing file copies

The organization may charge a fee not exceeding twenty dollars for the first twenty-five

pages and seventy-five cents per page after twenty-five pages when providing an outgoing file

copy. In an electronic, digital, or other computerized format, the organization may charge a fee

of thirty dollars for the first twenty-five pages and twenty-five cents per page after twenty-five

pages. The fees include any administration cost, retrieval fee, or postage expense.
N.D. Cent. Code § 65-05-04 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-04
65-05-04. Organization has continuing jurisdiction over claims properly filed
Status: in_force

65-05-04. Organization has continuing jurisdiction over claims properly filed

If the original claim for compensation has been made within the time specified in section

65-05-01, the organization at any time, on its own motion or on application, may review the

award, and in accordance with the facts found on such review, may end, diminish, or increase

the compensation previously awarded, or, if compensation has been refused or discontinued,

may award compensation. There is no appeal from an organization decision not to reopen a

claim after the organization's order on the claim has become final.
N.D. Cent. Code § 65-05-01 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-01
65-05-01. Claims for benefits - When and where filed
Status: in_force

65-05-01. Claims for benefits - When and where filed

All original claims for benefits must be filed by the injured employee, or someone on the

injured employee's behalf, within one year after the injury or within two years after the death.

The date of injury for purposes of this section is the first date that a reasonable person knew or

should have known that the employee suffered a work-related injury and has either lost wages

because of a resulting disability or received medical treatment. Notwithstanding a statute of

limitations assertion, the claimant bears the burden of proving any entitlement to benefits. If the

organization is estopped from applying the statute of limitations in this section because an

employer's willful conduct prevented an injured employee from filing a claim in a timely manner,

that employer shall reimburse the organization for the full amount of all benefits paid during the

first five years of that claim. Benefits may not be allowed under this title to any person, except

as provided in section 65-05-04, unless that person, or someone on that person's behalf, files a

written claim for benefits within the time specified in this section. A claim must be filed by:

1. Delivering it at the office of the organization or to any person the organization

designates by rule; or

2. Depositing it in the mail properly stamped and addressed to the organization or to any

person the organization designates by rule.
N.D. Cent. Code § 65-02-23 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-23
65-02-23. Workforce safety and insurance fraud unit - Continuing appropriation
Status: in_force

65-02-23. Workforce safety and insurance fraud unit - Continuing appropriation

The organization shall establish a workforce safety and insurance fraud unit. The

organization may employ investigators and licensed attorneys, or contract with a private

investigator whenever feasible or cost-effective, to investigate and review any alleged case of

fraud against the fund by employers, injured workers, or providers of medical or other services,

including activities described under section 65-04-33 or 65-05-33. The unit shall refer cases of

fraud to the organization for the imposition of administrative penalties and may refer them to the

appropriate authorities for prosecution. Money in the workforce safety and insurance fund is

appropriated on a continuing basis for payment of costs associated with identifying, preventing,

and investigating employer or provider fraud. The organization may establish a process to

charge investigative costs against the rate class of an employer being investigated and to credit

any recoveries to that rate class.
N.D. Cent. Code § 65-05-10.1 — ND Code / Title 65 / Chapter 65-05 / Section 65-05-10.1
65-05-10.1. Long-term temporary partial disability inflation adjustment
Status: in_force

65-05-10.1. Long-term temporary partial disability inflation adjustment

This benefit only applies to claims with a date of first disability or date of successful

reapplication occurring after June 30, 1991. For these claims, beginning on the first day of July

immediately following the fifth full year of partial disability and every year thereafter, an injured

employee who has received a waiver of the five-year cap on partial disability benefits under

section 65-05-10 is eligible for a lump sum inflation adjustment. The organization shall calculate

the lump sum inflation adjustment under this section on July first of each year by multiplying the

previous year's percent increase in the state's average weekly wage, if any, by the total amount

of partial disability payments paid to the injured employee in the preceding twelve months,

including the preceding year's inflationary adjustment award.
N.D. Cent. Code § 65-04-22 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-22
65-04-22. Organization may make premium due immediately - When premium is in default - Penalty
Status: in_force

65-04-22. Organization may make premium due immediately - When premium is in

default - Penalty.

The organization may require a security deposit, or other instrument that is acceptable to

the organization, within any time which, in the judgment of the organization, is reasonable and

necessary. The organization may require advance payment of the premium, either in full or in

installments. Any payment shall be in default one month from the payment due date specified in

the billing statement.

Default of any installment payment will, at the option of the organization, make the entire

remaining balance of the premium due and payable. The organization may declare an employer

uninsured at any time after forty-five days have passed from the due date specified in the billing

statement and the employer has failed to make a payment to the organization. The organization

may decline coverage to any employer that has been determined to be uninsured under this

section or where a premium delinquency remains unresolved.

When an employer defaults in the payment of a premium, an installment of the premium,

penalty or interest, or in the filing of any bond required under this chapter, the employer at the

time of default is subject to a penalty not to exceed two hundred fifty dollars plus two percent of

the amount of premiums, penalties, and interest in default, and beginning one month after

default, a penalty of two percent of the amount of premiums, penalties, and interest in default for

each month or fraction of a month the premium, penalty, or interest remains unpaid.
N.D. Cent. Code § 65-02-25 — ND Code / Title 65 / Chapter 65-02 / Section 65-02-25
65-02-25. Amnesty for certain claims and accounts
Status: in_force

65-02-25. Amnesty for certain claims and accounts

After the workforce safety and insurance fraud unit is established, the organization may

offer, not more than once every twelve months, a period of amnesty to any person who has

willfully made a false claim or false statement or who has willfully misrepresented payroll, to

allow that person the opportunity to close and repay the false claim, to close and repay the

claim for which a false statement has been made, or to pay the appropriate premium and

penalty on an account for which payroll was misrepresented. The amnesty period may not

exceed sixty days. A person who receives amnesty under this section is immune from criminal

prosecution relating to those acts for which amnesty is received.
N.D. Cent. Code § 65-05.1-06.2 — ND Code / Title 65 / Chapter 65-05.1 / Section 65-05.1-06.2
65-05.1-06.2. Contract for vocational rehabilitation services
Status: in_force

65-05.1-06.2. Contract for vocational rehabilitation services

The organization may contract with vocational rehabilitation vendors to provide vocational

rehabilitation services to injured employees. The organization shall determine the criteria that

render a vocational rehabilitation vendor qualified. If additional services are determined to be

necessary as a result of failed or inappropriate rehabilitation of an injured employee through no

fault of the employee, the organization may contract with the vendor for additional services. If

the failure or inappropriateness of the rehabilitation of the injured employee is due to the

vendor's failure to provide the necessary services to fulfill the contract, the organization is not

obligated to use that vendor for additional services on that claim and the organization may

refuse payment for a service that the vendor failed to perform which was a material requirement

of the contract.
N.D. Cent. Code § 65-08.1-01 — ND Code / Title 65 / Chapter 65-08.1 / Section 65-08.1-01
65-08.1-01. Definitions
Status: in_force

65-08.1-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Company" means the workforce safety and insurance company or other organization

established by the organization to provide additional workforce safety and insurance

coverage.

2. "Employers' liability coverage" means an insurance product that provides coverage for

injury-related claims suffered by an employee that are not covered by title 65.

3. "Extraterritorial workforce safety and insurance coverage" means coverage provided

under section 65-08-01.

4. "Incidental operations" means operations of an employer for fewer than thirty days in a

state with which the employer has no other significant contacts.

5. "Other states insurance" means an insurance product that provides workforce safety

and insurance coverage to an employer for that employer's employee while the

employee is working at an incidental operation in a state in which the employee is

eligible to file for workforce safety and insurance benefits if the employee suffers a

work-related illness or injury or dies as a result of work activities in that state.

6. "Principally localized" means the employer has a place of business in this state, the

employee regularly works at or from that place of business, the employment contract is

entered in that state, and in case of an employee leasing company, the company

retains control over the employee and does not lease the employee to an out-of-state

employer.
N.D. Cent. Code § 65-04-16 — ND Code / Title 65 / Chapter 65-04 / Section 65-04-16
65-04-16. Adjustment of premium paid on estimated payroll
Status: in_force

65-04-16. Adjustment of premium paid on estimated payroll

In the event that the amount of premium collected from any employer at the beginning of

any premium period is ascertained and calculated by using as a basis the estimated

expenditures for wages for the period of time covered by such premium payments, an

adjustment of the amount of such premiums shall be made at the end of said period, and the

actual amount of such premium shall be determined from the actual expenditure of wages for

said period.