Title 65 — Workforce Safety and Insurance

The organization shall: 1. Appoint a director of rehabilitation services and such other staff as necessary to fulfill the purposes of this chapter. 2. Cooperate with such federal or state agency as shall be charged with vocational education, vocational rehabilitation, and job pla…

The organization shall review all records, statements, and other pertinent information and prepare a report to the organization and employee. 1. The report must: a. Identify the first appropriate rehabilitation option by following the priorities set forth in subsection 4 of secti…

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…

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 …

Repealed by S.L. 1989, ch. 771, § 6.

Repealed by S.L. 1989, ch. 771, § 6.

1. Within sixty days of receiving the final vocational report, the organization shall issue a notice of decision under section 65-01-16 detailing the employee's entitlement to disability and vocational rehabilitation services. 2. If the appropriate priority option is short-term o…

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 t…

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, medic…

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 consec…

1. A claimant whose weekly benefit rate is less than sixty percent of the state's average weekly wage, who is eligible for supplementary benefits and who is receiving temporary total disability benefits, permanent total disability benefits, or death benefits regardless of the dat…

The payment of supplementary benefits to eligible recipients shall be made by the organization from the supplementary benefit fund. If the supplementary benefit fund is inadequate to pay the full amount of supplementary benefits to an eligible recipient, the levels of supplementa…

The organization periodically shall determine the amount of money earned on reserves in the workforce safety and insurance fund necessary to provide for the payment of supplementary benefits under this chapter and periodically shall transfer an adequate amount from the earnings o…

"Civil air patrol member" means a volunteer civilian member of the civil air patrol engaged in official state activities authorized under chapter 54-45. 65-06.1-02. Civil air patrol members declared employees - Covered by workforce safety and insurance. Civil air patrol members a…

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.

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 cred…

For the purposes of sections 65-06.2-02 and 65-06.2-03, an "inmate" is a person who is confined against the inmate's will in a city or county penal institution or is a person who, as a criminal defendant before a court, is ordered or elects to perform public service for a city or…

1. If an inmate in performance of work in connection with the maintenance of the institution, or with any industry maintained within the institution, or with any public service activity, sustains a compensable injury, the inmate may be awarded and paid benefits under the provisio…

Any county or city, by resolution of the governing body, may elect to cover its inmates with workforce safety and insurance benefits in accordance with this chapter. Any county or city that makes this election is not liable to respond in damages at common law or by statute for in…

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 …

Whenever total costs and expenses charged to the classification of the modified workers' compensation program established under this chapter exceeds the amount of premiums paid into the fund and any payments from the risk management workers' compensation fund under the workforce …

The state and its employees and the department of corrections and rehabilitation and its divisions, departments, and employees may not be held liable for damages at common law or by statute if an inmate covered under a program of modified workers' compensation coverage under this…

Repealed by S.L. 2019, ch. 524, § 14.

For purposes of this chapter: 1. "Employee" means a participant in a vocational training or work evaluation program when the request of the sponsoring agency or organization has been approved by the organization under subsection 2. The participant shall not be deemed to be employ…

In the event that the organization has contracted with a sponsoring agency or organization to provide such coverage, any participant in a vocational training or work evaluation program who suffers an injury or disease as defined in section 65-01-02, while in the course of such pa…

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 i…

The organization may establish a casualty insurance organization, organized as a stock or mutual company, a risk pool, a reciprocal exchange, a risk retention or purchasing group, or a reinsurer with the limited purpose of offering extraterritorial workforce safety and insurance …

The North Dakota workforce safety and insurance may establish a stock insurance company to provide extraterritorial workforce safety and insurance, other states insurance, and employer's liability insurance to North Dakota employers insured by the organization. The capital stock …

The board of directors of the company consists of the director of workforce safety and insurance and four persons appointed by the director. The director is the chairman of the board. The chairman shall appoint a secretary-treasurer for the board. Any member of the board may be r…

The company shall provide extraterritorial workforce safety and insurance or other states insurance to an employer who is insured by North Dakota workforce safety and insurance. The company may exclude coverage for a state with which workforce safety and insurance has a reciproca…

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 b…