Title 65 — Workforce Safety and Insurance

If, after receiving a claim for benefits, the organization determines that more information is needed to process the claim, but that the information in the file indicates the injured employee is more likely than not entitled to disability benefits, the organization may pay preacc…

1. A presumption may not be established in favor of any health care provider's opinion. The organization shall resolve conflicting medical opinions and in doing so the organization shall consider the following factors: a. The length of the treatment relationship and the frequency…

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 …

If an employee is entitled to permanent total disability benefits and social security retirement benefits under 42 U.S.C. sections 402 and 405, the aggregate wage-loss benefits payable under this title must be determined in accordance with this section. The employee's social secu…

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 An employee who has retired or voluntarily withdrawn from the labor force and who, at that time, was not eligible to receive temporary total disability, temporary partial disability, or permanent total disability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 organ…

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 organiz…

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…

1. If the injury causes temporary partial disability resulting in decrease of earning capacity, the disability benefit is sixty-six and two-thirds percent of the difference between the injured employee's average weekly wage and the injured employee's wage-earning capacity after t…

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, a…

Repealed by S.L. 1995, ch. 624, § 2.

Repealed by S.L. 1995, ch. 624, § 2.

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 awa…

When a compensable injury combines with a noncompensable injury, disease, or other condition, the organization shall award benefits on an aggravation basis, on the following terms: 1. In cases of a prior injury, disease, or other condition, known in advance of the work injury, wh…

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…

If death results from an injury under the conditions specified in section 65-05-16, the fund shall pay to the following persons, for the periods specified: 1. To the decedent's spouse or to the guardian of the children of the decedent, an amount equal to the benefit rate for tota…

Repealed by omission from this code.

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…

1. The organization may establish a scholarship fund. Scholarships may be awarded to: a. The spouse and child of a worker who dies as a result of a compensable work-related injury, if the spouse and child have received benefits under section 65-05-17; b. The spouse and child of a…

If a spouse who receives compensation under the provisions of subsection 1 of section 65-05-17 remarries, there shall be paid to such spouse a lump sum equal to one hundred four weeks' compensation. If, prior to such marriage, such spouse has received a partial lump sum settlemen…

Upon the cessation of compensation payable to a beneficiary under the provisions of this chapter, the compensation of the remaining persons entitled to compensation for the unexpired part of the period during which their compensation is payable, shall be that which such persons w…

Repealed by S.L. 1997, ch. 545, § 6.

Repealed by S.L. 2003, ch. 562, § 13. 65-05-25. Lump sum settlements - Granted in discretion of organization - How computed. 1. If an employee is determined to be permanently and totally disabled, the organization may pay the employee a lump sum equal to the present value of all …

If death benefits are payable under section 65-05-16, the fund shall pay to the facility handling the funeral arrangements of the deceased employee burial expenses not to exceed ten thousand dollars. 65-05-27. Organization without probate proceedings may pay spouse of deceased cl…

Notwithstanding section 65-05-28, any employer subject to this title may select a preferred provider to render medical treatment to employees who sustain compensable injuries. "Preferred provider" means a designated provider or group of providers of medical services, including co…

1. During the first thirty days after a work injury, an employee of an employer that has selected a preferred provider under this section may seek medical treatment only from the preferred provider for the injury. Treatment by a provider other than the preferred provider is not c…

1. Any assignment of a claim for compensation under this title is void. All compensation and claims therefor are exempt from claims of creditors except any of the following: a. A child support obligation ordered by a court of competent jurisdiction. b. A claim by job service Nort…

Repealed by S.L. 1975, ch. 106, § 673.

Information contained in the claim files and records of injured employees is confidential and is not open to public inspection, other than to organization employees or agents in the performance of their official duties. Providing further that: 1. Representatives of a claimant, wh…

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 o…

A false statement in an employment application made by an employee bars all benefits under this title if: 1. The employee knowingly and willfully made a false representation as to the employee's physical condition; 2. The employer relied upon the false representation and this rel…

1. A claim for benefits under this title is presumed closed if the organization has not paid any benefit for a period of four years. 2. A claim that is presumed closed may not be reopened for payment of any further benefits unless the presumption is rebutted by clear and convinci…

For purposes of this section, "preferred worker" means a worker who has incurred a compensable injury that resulted in a disability that poses a substantial obstacle to employment. The organization may provide assistance as determined appropriate to preferred workers or employers…

An employer who willfully discharges or willfully threatens to discharge an employee for seeking or making known the intention to seek workforce safety and insurance benefits is liable in a civil action for damages incurred by the employee, including reasonable attorney's fees. D…

In the case of the death of an injured employee who is receiving permanent total disability benefits, or additional benefits payable, if the injured employee was permanently and totally disabled for at least ten years and was married to the surviving spouse for at least ten years…

1. As used in this section, "chronic opioid therapy" is opioid treatment extending beyond ninety days from initiation which is for the treatment of pain resulting from a nonmalignant, compensable condition or therapies for another nonterminal compensable condition. 2. In order to…

The basis of compensation and benefits to be paid to a volunteer firefighter, an emergency or disaster volunteer, volunteer health practitioner, or a community emergency response team member under the terms of this chapter shall be determined in accordance with the provisions of …

For the purpose of making assessments of premiums to be charged against municipalities for protection of volunteer firefighters, emergency or disaster volunteers, volunteer health practitioners, and community emergency response team members, the organization shall make such surve…

Whenever liability on claims against the fund credited to the classification of emergency or disaster volunteers and trainees or volunteer health practitioners as defined under chapter 37-17.4 exceeds the amount of premiums paid into the fund, such excess liabilities are a genera…

The organization, on receipt of an application for insurance, shall determine whether the applicant is a good insurance risk and may deny such special contract if the organization determines it is in the best interests of the organization to do so.

If the organization enters a contract for insurance under this chapter, the premium for the protection must be based on: 1. The amount of money derived on an annual basis from the business of an employer or self-employed person as outlined in subdivision b of subsection 6 of sect…

Repealed by S.L. 1999, ch. 550, § 5.

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 …

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…

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 th…

Repealed by S.L. 2001, ch. 578, § 17.

Repealed by S.L. 2001, ch. 578, § 17.

If the final action of the organization denies the right of the claimant to participate at all in the fund on the ground that the injury was self-inflicted, or on the ground that the accident did not arise in the course of employment, or upon any other ground going to the basis o…

On appeal, the court shall determine the right of the claimant. If it determines the right in the claimant's favor, it shall fix the claimant's compensation within the limits prescribed in this title, and any final judgment so obtained shall be paid by the organization out of the…

The organization shall pay the cost of the judicial appeal and the attorney's fees for an injured employee's attorney if the employee prevails as provided under section 65-02-08. The maximum fee set by the organization may be exceeded upon application of the injured employee to t…

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 upo…