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ND HB1084
Bill
Status
3/10/2021
Primary Sponsor
Industry, Business and Labor Committee
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AI Summary
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Adds recreational marijuana use to the list of intoxicants that can disqualify an employee from workers' compensation benefits if the injury was caused by impairment from such use.
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Establishes that employers or organizations alleging an injury resulted from recreational marijuana use must prove this claim, but creates a rebuttable presumption of impairment if drug testing shows marijuana levels at or above federal cutoff levels.
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Increases penalties for employers who willfully misrepresent payroll amounts or fail to secure coverage: $5,000 plus three times the premium difference, with Class A misdemeanor criminal charges (Class C felony if premium exceeds $1,000).
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Authorizes the Workforce Safety and Insurance organization to charge fees for outgoing file copies: up to $20 for the first 25 pages plus $0.75 per additional page in paper format, or $30 and $0.25 per page in electronic format.
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Establishes that workers' compensation claims are presumed closed if no benefits are paid or demanded for four consecutive years, and allows reapplication for benefits following job refusals or rehabilitation program completion with specified conditions.
Legislative Description
Definition of compensable injury, burden of proof involving recreational marijuana use, an employer's willful misrepresentation by statement or omission, reapplications following a refusal of job offer, calculation of temporary total, permanent total, and temporary partial disability using average weekly wage from the definition section, release of claim file information to survivors in death claims, a person who claims benefits or the employer of a person who claims benefits and makes a false statement or omission, presumed closed claims, and reapplications following completion of a rehabilitation retraining program; to provide a penalty; and to provide for application.
Last Action
Signed by Governor 03/09
3/10/2021