You can locate types of WC payments under the North Dakota WC law, Title 65, Chapter 65-05 of the North Dakota Code.

NOTE: For vocational rehabilitation (VR) payments, which apply to all states including North Dakota VR benefits paid in lieu of WC, follow instructions in DI 52110.005.

WSI provides long-term TP disability inflation adjustment to workers with a disability date or date of successful reapplication, occurring after 06/30/1991. A worker is eligible beginning on the first day of July, after the fifth full year and every year thereafter.

WSI generally pays attorney fees directly to the attorney from WSI’s general fund or reimburses the employee for fees they paid to the attorney directly from the fund (i.e., separately from the award). WSI will include attorney fees as part of an employee’s award only in rare cases.

If the worker is entitled to PT, North Dakota offsets Social Security retirement benefits.

SSA recognizes North Dakota’s reverse offset plan because it was in effect prior to 02/18/1981. Payment types TT or PT WC are subject to the state offset depending on the date of injury and date compensation received, as follows:

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  TT or PT WC received prior to 01/01/1990, North Dakota applied reverse offset only if the WC injury occurred on or after 01/01/1980. If the WC injury occurred prior to 01/01/1980, SSA DIB offset applied (not reverse offset).

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  Effective 01/01/1990 (due to a change in the law), North Dakota applied reverse offset to TT or PT WC, regardless of the date of WC injury. For more information on reverse offset, see DI 52105.001.

There are three types of awards, regardless of the injury date, that the State will not reduce, even if there is a rating of “total”. SSA offsets the following awards:

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  Stipulated settlement - a compromise between the State and the worker; paid as a lump sum;

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  Permanent impairment award - paid as a lump sum or as periodic payments; and

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  Scheduled injury award - paid as a lump sum or as periodic payments.

The State can identify these awards and provide payment information to us upon receiving our request. We may pay these awards in lieu of, or in addition to other periodic payments.

North Dakota WSI receives a cross-match report that identifies workers receiving TT or PT payments who also receive Social Security benefits. When a match occurs, WSI contacts the servicing field office to verify the Social Security benefits. WSI then notifies the worker of the amount and effective date of the reverse offset. If the reverse offset is retroactive, WSI will establish an overpayment and suspend WC payments until recovery of the overpayment is complete.

If the worker receives TT or PT WC payments:

1. 1. 

   Do not impose offset.

2. 2. 

   Enter “Y” under “REVERSE JURISDICTION INVOLVED (Y/N)” on the MCS WPCL screen (MSOM COMMON 001.003), ICF WCCD screen (MSOM ICFT2 031.012), and the appropriate START date.

3. 3. 

   Diary the case for one year for possible future changes in the type or amount of WSI benefits.

4. 4. 

   The State has no process for notifying us of any changes in benefits. WSI considers notifying us to be the claimant’s responsibility. If WSI receives a signed SSA-1709 (Request for Workers’ Compensation/Public Disability Benefit Information) on file for the WSI claim, upon SSA’s request, WSI will fax a “Cost Paid Summary” to us. The summary shows all payments from date of inquiry to the present. The SSA-1709 on file does not expire. We encourage FO staff to obtain an SSA-1709 at the earliest point of contact. Send fax requests of the SSA-1709 to WSI at 701-328-3820.

5. 5. 

   If the State changes a “total” rating (TT or PT) to a “partial” rating (TP or PP), impose offset the date the “partial” rating begins.

When processing other types of WC awards, follow these instructions:

1. 1. 

   Apply offset to stipulated settlements, permanent impairment awards, and scheduled injury awards.

2. 2. 

   Prorate lump sum awards from the date of the award.

3. 3. 

   Do not apply offset to TT or PT periodic benefits made in addition to these awards.

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  North Dakota Workers’ Compensation

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  North Dakota Century Code, Title 65