Title 65 — Workforce Safety and Insurance
20 chapters · 181 sections in this title.
N.D.C.C. § 65-01-01 Purposes of workforce safety and insurance law - Police power
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The state of North Dakota, exercising its police and sovereign powers, declares that the prosperity of the state depends in a large measure upon the well-being of its wageworkers, and, hence, for workers injured in hazardous employments, and for their families and dependents, sur…
N.D.C.C. § 65-01-01.1 Civil liability for intentional injuries
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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. 65-01-02. Definitio…
N.D.C.C. § 65-01-03 Individual performing service for remuneration presumed an employee
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1. Each individual who performs services for another for remuneration is presumed to be an employee of the person for which the services are performed, unless it is proven that the individual is an independent contractor under the common-law test. The person that asserts that an …
N.D.C.C. § 65-01-04 Computation of weekly wages in compensation matters
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Repealed by S.L. 1969, ch. 558, § 6. 65-01-05. Employment of those unprotected by insurance unlawful - Effect of failure to secure compensation - Penalty - Injunction. Repealed by S.L. 2001, ch. 578, § 17.
N.D.C.C. § 65-01-06 Exempting certain flying employees
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Pilots, copilots, stewardesses, and other regular flying employees of a regularly established airline operating under a certificate of convenience and necessity granted by the competent authorities of the United States of America and operating regularly scheduled flights in inter…
N.D.C.C. § 65-01-11 Burden of proof in compensation matters - Death certificate
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If the organization or an employer claims an employee is not entitled to the benefits of the North Dakota workforce safety and insurance law because the employee's injury was caused by the employee's willful intention to cause self-injury, or to injure another, or by reason of th…
N.D.C.C. § 65-01-12 Attorney general to represent organization
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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, …
N.D.C.C. § 65-01-13 Information fund - Continuing appropriation
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Repealed by S.L. 2023, ch. 465, § 8.
N.D.C.C. § 65-01-14 Informal decision by organization
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Repealed by S.L. 1997, ch. 532, § 6.
N.D.C.C. § 65-01-15 Yearly documentation required for firefighter and law enforcement officer
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Except for benefits for an exposure to a bloodborne pathogen as defined by section 23-07.5-01 occurring in the course of employment, a full-time paid firefighter or law enforcement officer who uses tobacco is not eligible for the benefits provided under sections 65-01-15.1 and 65…
N.D.C.C. § 65-01-16 Decisions by organization - Disputed decisions
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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 electron…
N.D.C.C. § 65-01-17 Agricultural employment exemption - Custom agricultural operations
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For purposes of the agricultural service exception to hazardous employment under section 65-01-02, an agricultural employer that engages in a custom agricultural operation, which is the planting, care, or harvesting of grain or field crops on a contract-for-hire basis, exclusive …
N.D.C.C. § 65-01-18 Alternative dispute resolution - Pilot program - Continuing appropriation
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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, c…
N.D.C.C. § 65-01-19 Pilot programs - Report to legislative management
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Repealed by S.L. 2023, ch. 585, § 3.
N.D.C.C. § 65-02-01 Workforce safety and insurance - Director - Division directors
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The organization must be maintained for the administration of this title. The director may appoint the director of any division established by the director. The appointment of a division director must be on a nonpartisan, merit basis.
N.D.C.C. § 65-02-01.1 Workforce safety and insurance
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The legislative council may delete, where appropriate, "workers compensation bureau", "North Dakota workers compensation bureau", or any derivatives of those terms, which when used in context indicate an intention to refer to those terms, wherever they appear in the North Dakota …
N.D.C.C. § 65-02-01.2 Organization to establish personnel system
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Repealed by S.L. 2009, ch. 611, § 13. 65-02-01.3. Workforce safety and insurance - Executive director - Governor to appoint - Personnel. Notwithstanding any other provisions of law, the governor shall appoint a director of workforce safety and insurance who shall serve at the ple…
N.D.C.C. § 65-02-02 Oath of office
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Before commencing to perform the duties of director of the organization, the director shall file an oath of office in the usual form. 65-02-03. Organization - Quorum - Effect of vacancy - Vacancies which must be filled within thirty days. Repealed by S.L. 1989, ch. 295, § 21.
N.D.C.C. § 65-02-03.1 Workforce safety and insurance board of directors - Appointment
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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 premium…
N.D.C.C. § 65-02-03.2 Compensation of board members
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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.C.C. § 65-02-03.3 Board - Powers and duties
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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, mainte…
N.D.C.C. § 65-02-04 Chairman
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Repealed by S.L. 1989, ch. 295, § 21. 65-02-05. Office space for organization - Expenditures from fund for employees and supplies - Travel. The organization must be provided with office space. The organization, at the expense of the fund, shall provide all necessary equipment, su…
N.D.C.C. § 65-02-05.1 Building maintenance account - Continuing appropriation
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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 ap…
N.D.C.C. § 65-02-06.2 Litigation expenses - Continuing appropriation
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Money in the workforce safety and insurance fund is appropriated to the organization on a continuing basis for payment of organization expenses associated with litigating employer-related issues arising under this title and for payment of organization expenses associated with lit…
N.D.C.C. § 65-02-07 Organization to have seal
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Repealed by S.L. 2019, ch. 525, § 9. 65-02-08. Rulemaking power of the organization - Timeliness for issuance of decision - Fees prescribed by organization - Attorney's fees and costs. 1. The organization shall adopt rules necessary to carry out this title. All fees on claims for…
N.D.C.C. § 65-02-08.1 State advisory council - Composition - Compensation - Duties
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Repealed by S.L. 1997, ch. 528, § 7.
N.D.C.C. § 65-02-09 General information to public
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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 th…
N.D.C.C. § 65-02-10 Organization to submit budget
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Repealed by S.L. 1959, ch. 372, § 117.
N.D.C.C. § 65-02-11 Process and procedure - Investigations - Examination of witnesses - Costs
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Except as otherwise provided by this title, process and procedure under this title is governed by chapter 28-32. The organization may make investigation as in its judgment is best calculated to ascertain the substantial rights of all the parties. Any member of the organization an…
N.D.C.C. § 65-02-12 Hearings by director
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Any investigation, inquiry, hearing, or decision, and every order by the director is deemed to be the order or decision of the organization.
N.D.C.C. § 65-02-13 Organization may reinsure risks
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The organization may reinsure any risk or any part thereof and may enter into agreements of reinsurance. 65-02-13.1. Expenditures by organization for reinsurance and extraterritorial coverage and other states' insurance - Report in annual financial audit. There is appropriated ou…
N.D.C.C. § 65-02-14 Organization to aid in rehabilitating persons injured in employment
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Repealed by S.L. 1975, ch. 584, § 10.
N.D.C.C. § 65-02-15 Workforce safety and insurance binding arbitration
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Repealed by S.L. 2003, ch. 562, § 13.
N.D.C.C. § 65-02-16 Removal of a panel member
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Repealed by S.L. 1993, ch. 614, § 13.
N.D.C.C. § 65-02-17 Binding arbitration
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Repealed by S.L. 1995, ch. 614, § 6.
N.D.C.C. § 65-02-18 Administrative orders - Binding arbitration decisions - Appeals
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Repealed by S.L. 1995, ch. 614, § 6.
N.D.C.C. § 65-02-19 Organization to contract for administrative services
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Repealed by S.L. 1999, ch. 554, § 4.
N.D.C.C. § 65-02-20 Organization to establish managed care program
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The organization shall establish a managed care program, including utilization review and bill review, to effect the best medical solution for an injured employee in a cost-effective manner upon a finding by the organization that the employee suffered a compensable injury. The pr…
N.D.C.C. § 65-02-21 Contract for administration of managed care program
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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 s…
N.D.C.C. § 65-02-21.2 Ambulance services classifications
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For purposes of classifying ambulance services for benefits provided under this title, the classifications established under section 50-24.1-16 apply.
N.D.C.C. § 65-02-22 Hearing officer - Qualifications - Location
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A hearing officer designated by the office of administrative hearings under chapter 28-32 must be an individual licensed to practice law in this state. A hearing officer may not maintain an office within the organization.
N.D.C.C. § 65-02-22.1 Appointment of administrative law judges - Hearings
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Notwithstanding any other provisions of law, workforce safety and insurance shall contract with the office of administrative hearings for the designation of administrative law judges who shall conduct evidentiary hearings and issue final findings of fact, conclusions of law, and …
N.D.C.C. § 65-02-23 Workforce safety and insurance fraud unit - Continuing appropriation
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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…
N.D.C.C. § 65-02-24 Immunity from civil liability
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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 se…
N.D.C.C. § 65-02-25 Amnesty for certain claims and accounts
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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 …
N.D.C.C. § 65-02-26 Nondisclosure of investigative information
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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 inf…
N.D.C.C. § 65-02-27 Decision review office
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The organization's decision review office is established. The decision review office is independent of the claims department of the organization and activities administered through the office must be administered in accordance with this title. The decision review office shall pro…
N.D.C.C. § 65-02-28 Organization claim files - Destruction
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Repealed by S.L. 2023, ch. 465, § 8.
N.D.C.C. § 65-02-29 Independent audit
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Repealed by S.L. 1999, ch. 553, § 8. 65-02-30. Independent performance evaluation - Organization development of performance measurements - Continuing appropriation. Repealed by S.L. 2023, ch. 583, § 1.
N.D.C.C. § 65-02-31 Payments in lieu of taxes by organization
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If a building and associated real property is purchased by the organization pursuant to a legislative grant of authority, the organization shall make payments in lieu of property taxes in the manner and according to the conditions and procedures that would apply if the building a…