2016 North Dakota Century Code Title 65 Workforce Safety and Insurance Chapter 65-02 Workforce Safety and Insurance Organization
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CHAPTER 65-02
WORKFORCE SAFETY AND INSURANCE ORGANIZATION
65-02-01. Workforce safety and insurance - Director - Division directors.
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.
65-02-01.1. Workforce safety and insurance.
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 Century Code or in the supplements thereto and to insert in lieu of each deletion
"workforce safety and insurance". Such changes are to be made when any volume or
supplement of the North Dakota Century Code is being reprinted. It is the intent of the legislative
assembly that workforce safety and insurance be substituted for, shall take any action
previously to be taken by, and shall perform any duties previously to be performed by the
workers compensation bureau. The legislative council may replace "bureau", where appropriate,
wherever the term appears in the North Dakota Century Code or in the supplements of the
North Dakota Century Code, with the term "organization". These changes are to be made when
any volume or supplement is being reprinted.
65-02-01.2. Organization to establish personnel system.
Repealed by S.L. 2009, ch. 611, § 13.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 pleasure of the governor. The governor
shall set the compensation and prescribe the duties of the director. Each employee of workforce
safety and insurance must occupy a position in the classified service and must be subject to the
provisions of the state personnel system provided in chapter 54-44.3.
65-02-02. Oath of office.
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.
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
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2.
3.
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.
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
odd-numbered year. A board member whose initial appointment was before August 1,
2007, may not serve more than three consecutive terms and a board member whose
initial appointment was after July 31, 2007, 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 a coordinating committee appointed by
the governor, composed of 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.
Vacancies in the membership of the board must be filled for the unexpired term by
appointment by the governor as provided in this section.
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.
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.
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2.
3.
4.
5.
6.
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.
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.
Provide annual, formal recommendations to the governor regarding setting premium
levels and providing premium dividend distributions.
Provide formal recommendations to the governor regarding legislation that affect the
organization.
Provide formal recommendations to the governor regarding the fund's investment
allocation.
65-02-04. Chairman.
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, supplies, stationery, and furniture, and all
clerical and other help necessary to carry out the provisions of this title. The employees of the
organization are entitled to receive from the fund for each mile [1.61 kilometers] actually and
necessarily traveled in the performance of official duty by motor vehicle the same rates in the
same manner as other state officials. If travel is by a motor vehicle owned by the state, or by
any department or political subdivision thereof, no allowance may be paid for the mileage.
Vouchers for travel and other administrative expenses must bear the approval of the
organization and the office of management and budget before payment is made therefor. Travel
and other administrative expense payments must be made by warrant-check prepared by the
office of management and budget drawn upon the state treasurer against the fund.
Expenditures made under this section, however, must be within the limitations designated by the
legislative assembly in appropriation measures adopted from time to time.
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.
65-02-06. Expenditures by organization from fund - Employment of full-time special
assistant attorneys general authorized.
The organization may make necessary expenditures to obtain statistical and other
information required for the proper enforcement of this title. The salaries and compensation of
the director of the organization and of all employees of the organization, and all other authorized
expenses of the organization, including the premium on the bond required of the state treasurer
under section 65-04-30, must be paid out of the fund. The organization may employ duly
appointed special assistant attorneys general and pay from the fund the entire salary of each
special assistant attorney general.
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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.
65-02-06.2. Litigation expenses - Continuing appropriation.
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 litigating medical provider-related issues identified under sections 65-02-23 and
65-02-20.
65-02-07. Organization to have seal.
The organization shall have a seal for the purpose of authentication, whenever
authentication is required, upon which seal shall be inscribed the words "Workforce Safety and
Insurance - North Dakota - Seal".
65-02-08. Rulemaking power of the organization - Fees prescribed by organization.
The organization shall adopt rules necessary to carry out this title. All fees on claims for
medical and hospital goods and services provided under this title to an injured employee must
be in accordance with schedules of fees adopted by the organization. Before the effective date
of any adoption of, or change to, a fee schedule, the organization shall hold a public hearing,
which is not subject to chapter 28-32. The organization shall establish, by administrative rule,
costs payable, maximum costs, a reasonable maximum hourly rate, and a maximum fee to
compensate an injured employee's attorney for legal services following issuance of an
administrative order reducing or denying benefits. The organization shall issue a decision within
sixty days of the date when all elements of initial filing or notice of reapplication of claim have
been satisfied or a claim for additional benefits over and above benefits previously awarded has
been made. Satisfaction of elements of filing must be defined by administrative rule. The
organization shall pay an injured employee's attorney's fees and costs from the organization's
general fund. Except for an initial determination of compensability, an attorney's fee may not
exceed twenty percent of the amount awarded, subject to a maximum fee set by administrative
rule. The organization shall pay an attorney's fees and costs when:
1. The employee has prevailed in binding dispute resolution under section 65-02-20.
2. The employee has prevailed after an administrative hearing under chapter 28-32.
An injured employee has prevailed only when an additional benefit, previously denied, is paid.
An injured employee does not prevail on a remand for further action or proceedings unless that
employee ultimately receives an additional benefit as a result of the remand. This section does
not prevent an injured employee or an employer from hiring or paying an attorney; however, the
employee's attorney may not seek or obtain costs or attorney's fees from both the organization
and the employee relative to the same claim. All disputes relating to payment or denial of an
attorney's fees or costs must be submitted to the hearing officer or arbitrator for decision, but a
hearing officer or arbitrator may not order that the maximum fees be exceeded.
65-02-08.1. State advisory council - Composition - Compensation - Duties.
Repealed by S.L. 1997, ch. 528, § 7.
65-02-09. General information to public - Biennial report.
The organization, from time to time, may publish and distribute among employers and
employees general information as to the business transacted by the organization as in its
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judgment may be useful. The director shall submit a biennial report to the governor and the
secretary of state in accordance with section 54-06-04. The report must include:
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.
6. Any other matters which the organization wishes to call to the attention of the
governor, including any recommendation for legislation or otherwise which it may have
to make.
65-02-10. Organization to submit budget.
Repealed by S.L. 1959, ch. 372, § 117.
65-02-11. Process and procedure - Investigations - Examination of witnesses - Costs.
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
and any person specifically designated by the organization may examine witnesses and
records, with or without subpoena, examine, investigate, copy, photograph, and take samples at
any pertinent location or facility, administer oaths to witnesses, require the attendance of
witnesses without fee whenever the testimony is taken at the home, office, or place of work of
those witnesses, and generally to do anything necessary to facilitate or promote the efficient
administration of this title. The organization may issue a subpoena to compel the attendance of
witnesses and the production of books, papers, correspondence, memoranda, and any other
records deemed necessary by the organization. Subpoenas may be enforced by applying to a
judge of the district court for an order requiring the attendance of a witness, the production of all
documents and objects described in the subpoena, or otherwise enforcing an order. Failure to
comply with the order of the district court is contempt as provided in chapter 27-10. The
organization shall pay the costs of any medical examination, scientific investigation, medical or
expert witness appearance or report, requested or approved by the organization, relating to a
claim for benefits, from the organization's general fund.
65-02-12. Hearings by director.
Any investigation, inquiry, hearing, or decision, and every order by the director is deemed to
be the order or decision of the organization.
65-02-13. Organization may reinsure risks.
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 out of the workforce safety and insurance fund, as a continuing
appropriation, an amount necessary to allow the organization to establish a program of
reinsurance and a program of extraterritorial coverage and other states' insurance. The
organization may execute a contract for reinsurance and a contract for extraterritorial coverage
and other states' insurance binding on the organization and the contracting party. The term
identified in the contract may extend past the end of the biennium in which a contract under this
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section is executed. The independent annual financial audit report on the organization shall
report on any contract executed pursuant to this section.
65-02-14. Organization to aid in rehabilitating persons injured in employment.
Repealed by S.L. 1975, ch. 584, § 10.
65-02-15. Workforce safety and insurance binding arbitration.
Repealed by S.L. 2003, ch. 562, § 13.
65-02-16. Removal of a panel member.
Repealed by S.L. 1993, ch. 614, § 13.
65-02-17. Binding arbitration.
Repealed by S.L. 1995, ch. 614, § 6.
65-02-18. Administrative orders - Binding arbitration decisions - Appeals.
Repealed by S.L. 1995, ch. 614, § 6.
65-02-19. Organization to contract for administrative services.
Repealed by S.L. 1999, ch. 554, § 4.
65-02-20. Organization to establish managed care program.
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
program shall operate according to guidelines adopted by the organization and shall provide for
medical management of claims within the bounds of workforce safety and insurance law.
Information compiled and analysis performed pursuant to a managed care program which relate
to patterns of treatment, cost, or outcomes by health care providers are confidential and are not
open to public inspection to the extent the information and analysis identify a specific health
care provider, except to the specific health care provider, organization employees, or persons
rendering assistance to the organization in the administration of this title. If an employee,
employer, or medical provider disputes a managed care decision, the employee, employer, or
medical provider shall request binding dispute resolution on the decision. The organization shall
make rules providing for the procedures for dispute resolution. Dispute resolution under this
section is not subject to chapter 28-32 or section 65-01-16. A dispute resolution decision under
this section requested by a medical provider concerning payment for medical treatment already
provided or a request for diagnostic tests or treatment is not reviewable by any court. A dispute
resolution decision under this section requested by an employee is reviewable by a court only if
medical treatment has been denied to the employee. A dispute resolution decision under this
section requested by an employer is reviewable by a court only if medical treatment is awarded
to the employee. The dispute resolution decision may be reversed only if the court finds that
there has been an abuse of discretion in the dispute resolution process. Any person providing
binding dispute resolution services under this section is exempt from civil liability relating to the
binding dispute resolution process and decision.
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.
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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. Physicians
making utilization review determinations under sections 65-02-20 and 65-02-21 shall have
current licenses from the North Dakota board of medicine. This requirement does not apply to
psychologists or physicians conducting independent medical examinations or independent
medical reviews under section 65-05-28.
65-02-21.2. Ambulance services classifications.
For purposes of classifying ambulance services for benefits provided under this title, the
classifications established under section 50-24.1-16 apply.
65-02-22. Hearing officer - Qualifications - Location.
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.
65-02-22.1. Appointment of administrative law judges - Hearings.
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
orders. Rehearings must be conducted as hearings under chapter 28-32.
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.
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.
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
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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.
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.
65-02-27. Decision review office.
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
provide assistance to an employee who has filed a claim, which may include acting on behalf of
an employee who is aggrieved by a decision of the organization, communicating with
organization staff regarding claim dispute resolution, and informing an employee of the effect of
decisions made by the organization, an employee, or an employer under this title. The decision
review office shall provide assistance to employees, upon request, in cases of constructive
denial or after a vocational consultant's report has been issued. The organization shall employ a
director of the decision review office and other personnel determined to be necessary for the
administration of the office. A person employed to administer the decision review office may not
act as an attorney for an employee. The organization may not pay attorney's fees to an attorney
who represents an employee in a disputed claim before the organization unless the employee
has first attempted to resolve the dispute through the decision review office. A written request for
assistance by an employee who contacts the decision review office within the period for
requesting a hearing on an administrative order tolls the time period for requesting a hearing on
that order. The period begins upon notice to the employee, sent by regular mail, that the
decision review office's assistance to the employee is completed. The information contained in a
file established by the decision review office on an employee's disputed claim, including
communications from an employee, is privileged and may not be released without the
employee's permission. Information in the file containing the notes or mental impressions of
decision review office staff is confidential and may not be released by the decision review office.
65-02-28. Organization claim files - Destruction.
If the organization determines that a person who has a claim for injury on file has been
deceased for at least ten years, the organization may destroy any claim files for that person.
The organization may not destroy any claim file it specifically has been requested not to destroy.
The organization shall establish a means for maintaining statistical and identifying information
for any claim files destroyed under this section.
65-02-29. Independent audit.
Repealed by S.L. 1999, ch. 553, § 8.
65-02-30. Independent performance evaluation - Organization development of
performance measurements - Continuing appropriation.
Once every four years, the director shall request the state auditor to select a firm with
extensive expertise in workers' compensation practices and standards to complete a
performance evaluation of the functions and operations of the organization during that
evaluation period. This may not be construed to require the firm to be a certified public
accounting firm. The firm's report must contain recommendations for departmental improvement
or an explanation of why no recommendations are being made. The director or the director's
designee, the chairman of the board or the chairman's designee, and a representative of the
firm shall present the evaluation report and any action taken to the legislative management's
workers' compensation review committee and to the governor. The director shall provide a copy
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of the performance evaluation report to the state auditor. Except as otherwise provided in this
section, the workers' compensation review committee may select no more than four elements to
be evaluated in the performance evaluation and shall inform the state auditor of the selected
items to be evaluated. The state auditor shall include the elements selected by the committee in
the performance evaluation, but the state auditor may select additional elements to be
evaluated. The total number of elements, including those selected by the workers'
compensation review committee, may not exceed eight. In exceptional circumstances, the state
auditor may include more than eight elements for evaluation. If more than eight elements are
selected, the state auditor shall report to the workers' compensation review committee the
additional elements selected and the exceptional circumstances to support the inclusion of the
additional elements. Money in the workforce safety and insurance fund is appropriated on a
continuing basis for the payment of the expense of conducting the performance evaluation. The
organization shall develop and maintain comprehensive, objective performance measurements.
These measurements may be evaluated as part of the independent performance evaluation
under this section.
65-02-31. Payments in lieu of taxes by organization.
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 and
property were privately owned.
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.
65-02-33. Occupational health and preventive medicine programs - Continuing
appropriation.
The organization may establish and implement programs to advance occupational health
and preventive medicine in this state and to protect the integrity of the fund. These programs
may include the provision of education or training, consultation, grants, scholarships, or other
incentives that promote superior care and treatment of the workforce in this state. Funds in the
workforce and insurance fund are appropriated to the organization on a continuing basis for the
purpose of funding the programs implemented under this section.
65-02-34. Spending authority - Limited.
Repealed by S.L. 2009, ch. 611, § 13.
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
28-32. The attorney's fees and costs under this section are for the purpose of an initial
consultation and review of the claimant's case and are separate from and independent
of the attorney's fees and costs provided for under section 65-02-08. To be eligible for
payment of attorney's fees and costs under this section, before consulting the attorney
the injured employee must first receive a certificate of completion from the decision
review office, and the attorney consultation must take place after the certificate of
completion is issued but before the rehearing is conducted.
2. Payment of attorney's fees and costs under this section is limited as follows:
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a.
b.
3.
4.
5.
An injured employee may consult with one attorney per administrative order;
The payment amount for attorney's fees may not exceed a total of five hundred
dollars per injured employee, per administrative order;
c. The payment amount for costs may not exceed a total of one hundred fifty dollars
per injured employee, per administrative order;
d. The attorney must be licensed to practice law in North Dakota and must be in
good standing; and
e. The organization may deny fees and costs the organization determines to be
excessive or frivolous.
To obtain payment under this section, an attorney shall submit to the organization a
fee statement. The fee statement must be signed by the attorney and must include:
a. The name of the injured employee;
b. The workforce safety and insurance claim number;
c. The date of the billing statement;
d. A summary of the basic legal issue;
e. The date of each service or charge being billed;
f. An itemization and a reasonable description of the legal work performed for each
service or charge;
g. The time and amount billed for each item; and
h. The total time and amounts billed.
Under this section, the organization shall reimburse the following costs:
a. Actual postage, if postage exceeds three dollars per parcel;
b. Actual toll charges for long-distance telephone calls;
c. Copying charges at eight cents per page;
d. Mileage and other expenses for reasonable and necessary travel, including per
diem, all of which are to be paid in the amounts paid state officials as provided
under sections 44-08-04 and 54-06-09; and
e. Other reasonable and necessary costs, not to exceed one hundred fifty dollars.
Under this section, the organization may not reimburse the following costs:
a. Express mail;
b. Additional copies of transcripts;
c. Costs incurred to obtain medical records;
d. Copy charges for documents provided by the organization; and
e. Costs for typing and clerical or office services.
65-02-36. Attorney's fees for legal review of proposed settlement.
The organization shall pay up to five hundred dollars to an attorney for review of a proposed
settlement offered to an injured employee, if the employee to whom the settlement is offered
was not represented by an attorney at the time the offer was made. Subdivisions d and e of
subsection 2 of section 65-02-35 apply to the payment of fees under this section. The
organization may reimburse an attorney for costs under this section according to subsections 3,
4, and 5 of section 65-02-35. Fees and costs under this section are payable regardless of
whether the injured employee accepts the settlement proposal.
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