§ 65-05.1-04 — Injured employee responsibility

North Dakota § 65-05.1-04

• Jurisdiction: North Dakota
• Title 65: Workforce Safety and Insurance
• Ch. 65-05.1: Rehabilitation Services

Text

1. The injured employee shall seek, obtain, and retain reasonable and substantial
employment to reduce the period of temporary disability to a minimum. The employee
has the burden of establishing that the employee has met this responsibility.
2. If the injured employee is unable to obtain substantial employment as a direct result of
injury, the employee shall promptly notify the organization under subdivision b of
subsection 8 of section 65-05.1-01.
3. The injured employee shall be available for testing under subsection 6 or 7 of section
65-05.1-02, and for any further examinations and testing as may be prescribed by the
organization to determine whether or not a program of rehabilitation is necessary. The
injured employee also shall participate in remedial or other educational services when
those services are determined to be necessary by the organization.
4. If the first appropriate rehabilitation option under subsection 4 or 6 of section
65-05.1-01 is return to the same, modified, or alternative occupation, or return to an
occupation that is suited to the employee's education, experience, and marketable
skills, the employee is responsible to make a good-faith work trial or work search. If
the employee fails to perform a good-faith work trial or work search, the organization
may not pay additional disability benefits unless the employee meets the criteria for

reapplying for benefits required under subsection 1 of section 65-05-08. If the
employee meets the burden of proving that the employee made a good-faith work trial
or work search and that the work trial or work search was unsuccessful due to the
injury, the organization shall re-evaluate the employee's vocational rehabilitation claim.
When the first appropriate vocational rehabilitation option is identified for an employee,
the organization shall notify the employee of the obligation to make a good-faith work
search or good-faith work trial, and provide information to the employee regarding
reinstatement of benefits if the work search or work trial is unsuccessful.
5. If the first appropriate rehabilitation option under subsection 4 of section 65-05.1-01 is
retraining, the employee shall cooperate with the necessary testing to determine
whether the proposed training program meets the employee's medical limitations and
aptitudes. The employee shall attend a qualified rehabilitation training program when
ordered by the organization. A qualified training program is a rehabilitation plan that
meets the criteria of this title and commences within a reasonable period of time such
as the next quarter or semester. The organization and the employee, by agreement,
may waive the income test applicable under this subsection.
6. If, without good cause, the injured employee fails to make a good-faith work search in
return to work utilizing the employee's transferable skills, the employee is in
noncompliance with vocational rehabilitation. A good-faith work search that does not
result in placement is not, in itself, sufficient grounds to prove the work injury caused
the inability to acquire gainful employment. The employee shall show that the injury
significantly impacts the employee's ability to successfully compete for gainful
employment in that the injury leads employers to favor those without limitations over
the employee. If, without good cause, the injured employee fails to attend specific
vocational testing, remedial, or other vocational services determined necessary by the
organization, the employee is in noncompliance with vocational rehabilitation. If,
without good cause, the injured employee fails to attend a scheduled medical or
vocational assessment, fails to communicate or cooperate with the organization, or
fails to attend a specific qualified rehabilitation program within ten days from the date
the rehabilitation program commences, the employee is in noncompliance with
vocational rehabilitation. If, without good cause, the employee discontinues a training
program in which the employee is enrolled, the employee is in noncompliance with
vocational rehabilitation. If at any time the employee is noncompliant without good
cause, subsequent efforts by the employee to come into compliance with vocational
rehabilitation are not considered successful compliance until the employee has
successfully returned to the job or training program for a period of thirty days. In all
cases of noncompliance by the employee, the organization shall discontinue disability
and vocational rehabilitation benefits. If the period of noncompliance continues for
thirty days following the date benefits are discontinued, or a second instance of
noncompliance occurs without good cause, the organization may not pay any further
disability or vocational rehabilitation benefits, regardless of whether the employee
sustained a significant change in medical condition due to the work injury.