A BILL for an Act to amend and reenact subsection 1 of section 65-05-08 and section 65-05-09.3 of the North Dakota Century Code, relating to the workers' compensation disability benefits and retirement presumption; to repeal sections 65-05-09.4 and 65-05-09.5 of the North Dakota Century Code, relating to workers' compensation additional benefits payable; and to provide for application.
Summary
SB 2094 would revise North Dakota’s workers’ compensation rules governing when disability benefits can be reinstated after they have been discontinued, and how retirement affects eligibility for benefits. Under the bill, an injured worker seeking to restart disability benefits would have to show a significant change in the compensable medical condition, an actual wage loss caused by that change, and that the worker has not retired or voluntarily withdrawn from the labor market. The bill also tightens and reorganizes the state’s retirement presumption rules, including when a worker is considered retired for workers’ compensation purposes and when disability, rehabilitation, and related benefits stop or continue.
The measure would amend the Century Code to clarify that workers who have retired or begun receiving Social Security retirement benefits, or who have reached retirement age, are generally presumed retired and ineligible for disability and rehabilitation benefits, while preserving eligibility for medical benefits, permanent partial impairment benefits, and certain additional benefits. It also addresses workers injured near retirement age, limits the duration of benefits in those cases, and allows some post-retirement benefit eligibility if a worker meets reapplication criteria and remains actively seeking and available for work. The bill would repeal two existing sections governing additional benefits payable and would apply to all workers’ compensation claims regardless of injury date.
Impact
If enacted, SB 2094 would change the administration of workers’ compensation claims in North Dakota by narrowing and clarifying when disability benefits may be reinstated after retirement and by consolidating or eliminating existing statutory provisions on additional benefits. It would directly affect injured workers, employers, the workers’ compensation organization, and claims handling for older workers or workers nearing retirement age. The bill would also repeal sections 65-05-09.4 and 65-05-09.5 and make the new rules retroactive to all claims, which could affect pending and previously filed cases.
Sentiment
The bill appears to have faced strong opposition in the Senate. It failed on second reading by a wide margin, with 4 yeas and 43 nays, indicating little legislative support at the time of the vote. No committee transcripts are available in the provided record, so the available evidence suggests the measure was not broadly accepted and did not advance.
Contention
The main point of contention appears to be the bill’s treatment of retired or retirement-age workers who seek workers’ compensation disability benefits. Supporters likely viewed the bill as a clarification of eligibility rules and retirement presumptions, while opponents likely objected to restricting or limiting benefits for older injured workers, especially because the bill would apply to all claims regardless of injury date. The retroactive application and repeal of existing benefit provisions may also have raised concerns about fairness, reliance interests, and reduced protections for injured employees.