North Dakota Code 65-05-08.3 – Treating health care provider’s opinion
1. A presumption may not be established in favor of any health care provider’s opinion.
Terms Used In North Dakota Code 65-05-08.3
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
The organization shall resolve conflicting medical opinions and in doing so the organization shall consider the following factors:
a. The length of the treatment relationship and the frequency of examinations; b. The nature and extent of the treatment relationship; c. The amount of relevant evidence in support of the opinion; d. How consistent the opinion is with the record as a whole; e. Appearance of bias; f. Whether the health care provider specializes in the medical issues related to the opinion; and
g. Other relevant factors.
2. This section does not apply to managed care programs under section 65-02-20. For purposes of this section, the organization shall determine whether a health care provider is an injured employee’s treating health care provider.