North Dakota Employment Law Update – March 2017

Workers’ Compensation – Medical Expense Assessments and Payments

On March 29, 2017, North Dakota Governor Doug Burgum signed legislation (S.B. 2094) amending the state’s workers’ compensation law regarding medical expense assessments and payments. Specifically, the bill:

  • Relocates the medical expense assessment statute from Chapter 65-05 to Chapter 65-04;
  • Strengthens the ability of Workforce Safety and Insurance (WSI) to collect premiums;
  • Updates statutory reference within the corporate officer liability and disputed decision statutes;
  • Increases penalties WSI may assess from $2,000 to $5,000 for employers that willfully misrepresent payroll or willfully fail to secure coverage;
  • Increases the premium due threshold that would subject an employer to a Class C felony for the willful failure to secure coverage from $500 to $1,000; and
  • Establishes a civil penalty in the amount of $5,000 for an employer who willfully makes a false statement in an attempt to preclude an injured worker from securing benefits and establishes that a violation of this section is a Class A misdemeanor.

The bill goes into effect on August 1, 2017.

Read ND S.B. 2094