§ 65-05-09 — Temporary total or permanent total disability - Weekly and aggregate benefit

benefit.
1. If an injury causes temporary total or permanent total disability, the fund shall pay to
the injured employee during that disability a weekly benefit equal to sixty-six and
two-thirds percent of the gross average weekly wage of the injured employee, subject
to a minimum of sixty percent and a maximum of one hundred twenty-five percent of
the average weekly wage in the state. If an injured employee is disabled due to an
injury, that injured employee's benefits will be based upon the injured employee's wage
and the organization benefit rates in effect on the date of first disability.
2. Unless otherwise provided in this subsection, if an injured employee suffers disability
but is able to return to employment for a period of three consecutive calendar months
or more, that injured employee's benefits will be based upon the wage received at the
time of the recurrence of the disability. If the wage received at the time of the
recurrence of the disability is lower than the injured employee's average weekly wage
and the lower wage is due to the physical limitations of the compensable injury, the
injured employee's benefits must be based upon the injured employee's average
weekly wage. It is the burden of the injured employee to show the inability to earn as
much as the injured employee's average weekly wage is due to the physical limitation
related to the injury. The organization benefit rates are those in effect at the time of
that recurrence.
3. The disability benefit or the combined disability benefit and dependency award may
not exceed the weekly wage of the injured employee after deductions for social
security and federal income tax.
4. When an injured employee is permanently and totally disabled, must be maintained in
a nursing home or similar facility, and has no dependent parent, spouse, or children,
as much of that injured employee's weekly benefit as is necessary may be used by the
organization to help defray the cost of the nursing home care.