North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-02 - Rules of Procedure - North Dakota Workers' Compensation Act › Section 92-01-02-24 - Rehabilitation services

Current through Supplement No. 393, July, 2024
1. When an
				employment opportunity suited to an employee's education, experience, and
				marketable skills is identified within thirty-five miles [56.33 kilometers]
				from the employee's home, the appropriate priority option must be identified as
				return to related occupation in the local job pool under subdivision e of
				subsection 4 of North Dakota Century Code section 65-05.1-01, and relocation
				expense under subsection 3 of North Dakota Century Code section 65-05.1-06.1
				may not be paid.
2. The
				organization may award services to move an employee's household where the
				employee has actually located work under subdivision f of subsection 2 of North
				Dakota Century Code section 65-05.1-06.1 or under subsection 3 of North Dakota
				Century Code section 65-05.1-06.1 only when the employee identifies the job the
				employee will perform, the employee's employer, and the employee's destination.
				A relocation award must be the actual cost of moving the household to the
				location where work has been obtained. A minimum of two bids detailing the
				costs of relocation must be submitted to the organization for approval prior to
				incurring the cost. The organization shall pay per diem expenses, as set forth
				under subsection 2 of North Dakota Century Code section 65-05-28, for the
				employee only. Reimbursement for mileage expenses may not be paid for more than
				one motor vehicle.
3. When the
				rehabilitation award is for retraining, the organization shall pay the actual
				cost of books, tuition, and school supplies required by the school. The school
				must provide documentation of the costs necessary for completion of the program
				in which the employee is enrolled. Reimbursable school costs may not exceed
				those charged to other students participating in the same program.
The award for school supplies may not exceed twenty-five
				  dollars per quarter or fifty dollars per semester unless the employee obtains
				  prior approval of the organization by showing that the expenses are reasonable
				  and necessary. A rehabilitation award for retraining may include tutoring
				  assistance to employees who require tutoring to maintain a passing
				  grade.
Payment of tutoring services will be authorized when these
				  services are not available as part of the training program.
The award for tutoring services may not exceed the usual and
				  customary rate established by the school. Expenses such as association dues or
				  subscriptions may be reimbursed only if that expense is a course
				  requirement.
4. An award
				for retraining which includes an additional rehabilitation allowance as
				provided in subdivision b of subsection 2 of North Dakota Century Code section
				65-05.1-06.1 may continue only while the employee is actually enrolled or
				participating in the training program.
5. An award of a specified number of weeks of
				training means training must be completed during the specified period of weeks,
				and rehabilitation benefits may be paid only for the specified number of weeks
				of training.
6. The organization
				may reimburse an employee's travel and personal expenses for attendance at an
				adult learning center or skill enhancement program at the request of the
				employee and upon the approval of the organization. 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. The organization shall reimburse these expenses at the rates in
				effect on the date of travel or the date the expense was incurred at which
				state employees are paid per diem and mileage, or reimburse the actual cost of
				meals and lodging plus mileage, whichever is less. The calculation for
				reimbursement for travel by motor vehicle must be calculated using miles
				actually and necessarily traveled. The number of miles actually traveled is
				rebuttably presumed to be the least number of miles listed by Google Maps
				between the start and end points of travel. The organization may not reimburse
				mileage or travel expenses when the distance traveled is less than fifty miles
				[80.47 kilometers] one way, unless the total mileage in a calendar month equals
				or exceeds two hundred miles [321.87 kilometers].
7. The organization may pay for retraining
				equipment required by an institution of higher education or an institution of
				technical education on behalf of a student attending that institution. The
				organization will award retraining candidates one thousand two hundred dollars
				for the purchase of computer, warranty, software, maintenance, and internet
				access. Securing and maintaining these items are the injured employee's
				responsibility. Failure to maintain or secure these items does not constitute
				good cause for noncompliance with vocational rehabilitation. Improper
				maintenance of the equipment does not constitute good cause for noncompliance
				with vocational rehabilitation.
8.
				The organization may provide certain selected services to assist an injured
				employee and the injured employee's family with coping and financial strategies
				while in the recovery process. The recovery process includes the medical
				recovery, the ability to return to gainful employment, and the need for
				financial stability. The services may include up to six sessions with a
				contracted behavioral health professional, and up to four sessions with a
				contracted financial services professional. Injured employee participation in
				these sessions is voluntary. The granting or denial of contemplated services is
				not appealable, and costs of the program will be made against the general
				fund.
General Authority:
NDCC 65-02-08
Law Implemented:
NDCC 65-05.1, 65-05.1-01(2),
					 65-05.1-06.3