N.D. Cent. Code § 65-05-12.2 : — WORKFORCE SAFETY AND INSURANCE05 - CLAIMS AND COMPENSATION —05-12.2 - Permanent impairment - Compensation - Time paid

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 award on the following terms:

1. The organization shall calculate the amount of the award by multiplying thirty-five percent of the average weekly wage in this state on the date of the impairment evaluation, rounded to the next highest dollar, by the permanent impairment multiplier specified in subsection 10.
2. The organization shall notify the employee by certified mail, to the last-known address of the employee, when that employee becomes potentially eligible for a permanent impairment award. After the organization has notified the employee, the employee shall file, within one hundred eighty days from the date the employee was notified, a written request for an evaluation for permanent impairment. Failure to file the written request within the one hundred eighty-day period precludes an award under this section.
3. An injured employee is entitled to compensation for permanent impairment under this section only for those findings of impairment that are permanent and which were caused by the compensable injury. The organization may not issue an impairment award for impairment findings due to unrelated, noncompensable, or pre-existing conditions, even if these conditions were made symptomatic by the compensable work injury, and regardless of whether section 65-05-15 applies to the claim.
4. An injured employee is eligible for an evaluation of permanent impairment only when all conditions caused by the compensable injury have reached maximum medical improvement. The injured employee's doctor shall report to the organization the date an employee has reached maximum medical improvement and any evidence of impairment of function the injured employee has after that date. If the report states that the employee is potentially eligible for a permanent impairment award, the organization shall conduct a review and provide notice to the employee as provided by subsection 2. If the injured employee files a timely written request under subsection 2, the organization shall schedule an impairment evaluation by a doctor qualified to evaluate the impairment.
5. A health care provider evaluating permanent impairment shall include a clinical report in sufficient detail to support the percentage ratings assigned. The organization shall adopt administrative rules governing the evaluation of permanent impairment. These rules must incorporate principles and practices of the sixth edition of the American medical association's "Guides to the Evaluation of Permanent Impairment" modified to be consistent with North Dakota law, to resolve issues of practice and interpretation, and to address areas not sufficiently covered by the guides. Subject to rules adopted under this subsection, impairments must be evaluated under the sixth edition of the guides.
6. The organization shall deduct, on a permanent impairment multiplier basis, from an award for impairment under this section, any previous impairment award under the workers' compensation laws of any jurisdiction.
7. An injured employee is not entitled to a permanent impairment award due solely to pain.
8. Other than an award identified in subsection 11, an award may not be issued unless specifically identified and quantified within the sixth edition of the American medical association's "Guides to the Evaluation of Permanent Impairment".
9. If an employee dies, the right to any compensation payable pursuant to an impairment evaluation previously requested by the employee under subsection 2, which remains unpaid on the date of the employee's death, survives and passes to the employee's dependent spouse, minor children, parents, or estate, in that order. If the employee dies, only those findings of impairment which are objectively verifiable such as values for surgical procedures and amputations may be considered in a rating for impairment. Impairment findings not supported by objectively verifiable evidence may not be included in a rating for impairment. The deceased employee's dependents or representatives shall request an impairment award under this subsection within one year from the date of death of the employee.
10. If the injury causes permanent impairment, the award must be determined based on the percentage of whole body impairment in accordance with the following schedule:

Permanent impairment

Impairment:

multiplier of:

1 to 13 percent

0

14 percent

10

15 percent

10

16 percent

15

17 percent

15

18 percent

20

19 percent

20

20 percent

25

21 percent

25

22 percent

30

23 percent

30

24 percent

30

25 percent

35

26 percent

35

27 percent

35

28 percent

40

29 percent

45

30 percent

50

31 percent

60

32 percent

70

33 percent

80

34 percent

90

35 percent

100

36 percent

110

37 percent

120

38 percent

130

39 percent

140

40 percent

150

41 percent

160

42 percent

170

43 percent

180

44 percent

190

45 percent

200

46 percent

210

47 percent

220

48 percent

230

49 percent

240

50 percent

260

51 percent

280

52 percent

300

53 percent

320

54 percent

340

55 percent

360

56 percent

380

57 percent

400

58 percent

420

59 percent

440

60 percent

465

61 percent

490

62 percent

515

63 percent

540

64 percent

565

65 percent

590

66 percent

615

67 percent

640

68 percent

665

69 percent

690

70 percent

715

71 percent

740

72 percent

765

73 percent

790

74 percent

815

75 percent

840

76 percent

865

77 percent

890

78 percent

915

79 percent

940

80 percent

965

81 percent

990

82 percent

1015

83 percent

1040

84 percent

1065

85 percent

1090

86 percent

1115

87 percent

1140

88 percent

1165

89 percent

1190

90 percent

1215

91 percent

1240

92 percent

1265

93 percent

1290

94 percent

1320

95 percent

1350

96 percent

1380

97 percent

1410

98 percent

1440

99 percent

1470

100 percent

1500

11. An amputation of a finger or toe at the level of the distal interphalangeal joint or proximal to that joint, or the thumb or the great toe at the interphalangeal joint or proximal to that joint, which is determined to result in a whole body impairment of less than fourteen percent and which is not identified in the following schedule, is payable as a fourteen percent impairment. If an evaluation for the loss of an eye or for an amputation results in an award that is less than the permanent impairment multiplier identified in the following schedule, the organization shall pay an award equal to the permanent impairment multiplier set out in the following schedule:

For amputation of:

Permanent impairment multiplier of:

A thumb

65

The second or distal phalanx of the thumb

28

The first finger

40

The middle or second phalanx of the first finger

28

The third or distal phalanx of the first finger

22

The second finger

30

The middle or second phalanx of the second finger

22

The third or distal phalanx of the second finger

14

The third finger

20

The middle or second phalanx of the third finger

16

The fourth finger

16

The middle or second phalanx of the fourth finger

12

The leg at the hip

234

The leg at or above the knee

195

The leg at or above the ankle

150

A great toe

30

The second or distal phalanx of the great toe

18

Any other toe

12

For loss of:

Permanent impairment multiplier of:

An eye

150

Vision of an eye which equals or exceeds 20/200 corrected

100

The award for the amputation of more than one finger of one hand may not exceed an award for the amputation of a hand. The award for the amputation of more than one toe of one foot may not exceed an award for the amputation of a foot. If any of the amputations or losses set out in this subsection combine with other impairments for the same work-related injury or condition, the organization shall issue an impairment award based on the greater of the permanent impairment multiplier allowed for the combined rating established under the sixth edition of the American medical association's "Guides to the Evaluation of Permanent Impairment" or the permanent impairment multiplier set forth in this subsection.

12. If there is a medical dispute regarding the percentage of an injured employee's permanent impairment, all relevant medical evidence must be submitted to an independent health care provider who has not treated the employee and who has not been consulted by the organization in relation to the injury upon which the impairment is based. The organization shall establish a list of health care providers who have the training and experience necessary to conduct an evaluation of permanent impairment and to apply the sixth edition of the American medical association's "Guides to the Evaluation of Permanent Impairment". The organization shall define, by rule, the process by which the organization shall choose an independent health care provider or health care providers to review a disputed permanent impairment evaluation or rating. The decision of the independent health care provider or health care providers chosen under this process is presumptive evidence of the degree of permanent impairment of the employee which can only be rebutted by clear and convincing evidence. This subsection does not impose liability on the organization for an impairment award for a rating of impairment for a body part or condition the organization has not determined to be compensable as a result of the injury. The employee bears the expense of witness fees of the independent health care provider or health care providers if the employee disputes the findings of the independent health care provider or health care providers.
13. An attorney's fees are not payable unless there is a bona fide dispute as to the percentage of the employee's permanent impairment or unless there is a dispute as to the employee's eligibility for an award for permanent partial impairment. An attorney's fees payable in connection with a permanent impairment dispute may not exceed twenty percent of the additional amount awarded upon final resolution of the dispute, subject to the maximum fees established pursuant to section 65-02-08.
14. An attorney may not seek or obtain from an employee through a contingent fee arrangement, or on a percentage basis, costs or fees payable in connection with the award or denial of compensation for permanent impairment. A permanent impairment award is exempt from the claims of creditors, including an employee's attorney, except as provided by section 65-05-29.
15. If an injured employee qualifies for an additional award and the prior award was based upon the number of weeks, the impairment multiplier must be used to compare against the prior award of weeks in determining any additional award.

N.D.C.C. § 65-05-12.2

Amended by S.L. 2019, ch. 523 (SB 2184),§ 11, eff. 8/1/2019.
Amended by S.L. 2019, ch. 523 (SB 2184),§ 10, eff. 8/1/2019.
Amended by S.L. 2013, ch. 499 (HB 1080),§ 6, eff. 8/1/2013, and applicable to permanent impairment evaluations performed on or after 8/12011.
Amended by S.L. 2011, ch. 511 (HB 1055),§ 1, eff. 8/1/2011.
See S.L. 2013, ch. 499 (HB 1080), § 18.
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