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ND SB2093

Bill

Status

Passed

3/14/2017

Primary Sponsor

Industry, Business and Labor Committee

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Origin

Senate

65th Legislative Assembly

AI Summary

  • Modifies subrogation lien provisions in workers' compensation cases to limit the organization's subrogation interest and lien to 50 percent of damages recovered, up to the maximum benefits paid or owed to the injured employee.

  • Allows the organization to bring an action to recover its lien for benefits paid to an injured employee independently of whether the employee initiates suit, with different subrogation rights depending on timing and who brings the action.

  • Establishes that the organization's lien is created upon first payment of benefits and attaches to all claims, demands, and settlement proceeds from third-party liability, with payment due within 30 days or multiple parties become liable to the organization.

  • Modifies the administrative order timeline to allow the organization to issue administrative orders without first issuing a notice of decision, and clarifies that if no order is issued within 60 days of a reconsideration request, any interested party may request an appealable determination.

  • Applies the subrogation lien changes to all workers' compensation claims regardless of the date of injury.

Legislative Description

Subrogation liens, administrative orders, and the decision review office; and to provide for application.

Last Action

Signed by Governor 03/13

3/14/2017

Committee Referrals

Industry, Business, and Labor1/3/2017

Full Bill Text

No bill text available