Summary — SB 2109 (North Dakota) — Workforce Safety & Insurance technical updates
Status
- Introduced: March 7, 2025 (Industry and Business Committee; at the request of Workforce Safety and Insurance)
- Filed with Secretary of State: April 8, 2025
- Committee actions: Adopted proposed amendments by Industry & Business Committee (Jan 21, 2025) and House Industry, Business & Labor Committee (Mar 24, 2025).
- Affects North Dakota Century Code chapters cited below. (See “Procedure & next steps” for additional timeline context.)
Purpose / intent
- Make targeted statutory amendments to Workforce Safety & Insurance (WSI) law to clarify or update key definitions and administrative procedures and to adjust certain benefit-related provisions. The bill modernizes definitions used throughout the title, provides for use of electronic means for forms and decisions, updates the procedures for requesting rehearing of administrative orders, and revises provisions relating to maximum death benefits and the WSI scholarship fund.
Sections amended
- 65-01-02 — Definitions (effective through August 31, 2028): updates and clarifies numerous definitions used in Title 65, including (but not limited to) average weekly wage, “compensable injury,” and allied health professionals. (The engrossed text shows retained and clarified language concerning compensable injuries, inclusions/exclusions, and formulae for average weekly wage.)
- 65-01-16 — (definition/term updates; full amendment text not reproduced in provided excerpts)
- 65-02-27 — (electronic means / forms and decisions issued by electronic means)
- 65-05-17 (subsection 1) — (procedures for requesting rehearing of an administrative order)
- 65-05-20.1 (subsection 4) — (maximum death benefits and the scholarship fund)
Key provisions and likely effects
- Definitions: Clarifies technical definitions used in workers’ compensation law (e.g., average weekly wage computations, scope of “compensable injury” including mental conditions tied to physical injury). Clarifying definitions tends to reduce disputes over eligibility and benefit calculations.
- Electronic delivery: Authorizes/defines “electronic means” for issuing forms and decisions — intended to allow WSI and parties to use electronic notices, filings and decisions. This should streamline administrative processes and speed communications.
- Rehearing requests: Amends the statutory process for requesting rehearing of administrative orders (procedural rules such as timing, method of filing, or standards may be adjusted). This affects claimants, employers, and WSI appeals.
- Death benefits: Revises the statutory provision governing maximum death benefits and the related scholarship fund. The provided excerpts do not include dollar amounts or exact formula changes; however, changes could affect surviving dependents’ compensation and the funding/administration of any WSI scholarship program.
- Application date: Section 65-01-02 is shown with an “effective through August 31, 2028” qualifier — suggesting either a temporary or sunset-related change for those definitions.
Who is affected
- Injured employees and their dependents (benefit eligibility and amounts)
- Employers and workers’ compensation payors (coverage, wage computations, exposure)
- Workforce Safety & Insurance (administration, notice delivery, appeals)
- Health care providers and allied practitioners involved in WSI claims
- Administrative law judges and parties using rehearing/appeal processes
Procedure & timeline notes
- The bill has gone through committee consideration and multiple engrossed versions (committee reports dated Jan 21 and Mar 24, 2025). The enrolled/filing status is recorded as filed with the Secretary of State on April 8, 2025. For final effective dates, enacted language, and dollar or percentage figures (particularly for death benefits and scholarship fund changes), consult the enrolled bill or the North Dakota Legislative Branch bill status page and the final amended text.
If you want
- I can retrieve the full final engrossed/enrolled text and extract exact changes to 65-05-17(1) and 65-05-20.1(4) (including any numeric limits or funding language) or produce a side‑by‑side comparison of current law vs. the bill.
