§ 65-05-15 — Aggravation awards

North Dakota § 65-05-15

• Jurisdiction: North Dakota
• Title 65: Workforce Safety and Insurance
• Ch. 65-05: Claims and Compensation

Text

When a compensable injury combines with a noncompensable injury, disease, or other
condition, the organization shall award benefits on an aggravation basis, on the following terms:
1. In cases of a prior injury, disease, or other condition, known in advance of the work
injury, which has caused previous work restriction or interference with physical function
the progression of which is substantially accelerated by, or the severity of which is
substantially worsened by, a compensable injury, the organization shall pay benefits
during the period of acute care in full. The period of acute care is presumed to be sixty
days immediately following the compensable injury, absent clear and convincing
evidence to the contrary. Following the period of acute care, the organization shall pay
benefits on an aggravation basis.
2. If the progression of a prior compensable injury is substantially accelerated by, or the
severity of the compensable injury is substantially worsened by a noncompensable
injury, disease, or other condition, the organization shall pay benefits on an
aggravation basis.
3. The organization shall pay benefits on an aggravation basis as a percentage of the
benefits to which the injured worker would otherwise be entitled, equal to the
percentage of cause of the resulting condition that is attributable to the compensable
injury. Benefits payable on an aggravation basis are presumed to be payable on a fifty
percent basis. The party asserting a percentage other than the presumed fifty percent
may rebut the presumption with clear and convincing evidence to the contrary.
4. When an injured worker is entitled to benefits on an aggravation basis, the
organization shall still pay costs of vocational rehabilitation, burial expenses under
section 65-05-26, travel, other personal reimbursement for seeking and obtaining
medical care under section 65-05-28, and dependency allowance on a one hundred
percent basis.