North Dakota Code 65-05-09.5 – Additional benefit payable – Alternative calculation
1. This section applies to an injured employee who has a claim for which:
Terms Used In North Dakota Code 65-05-09.5
- 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
a. A compensable injury was incurred before August 1, 1995; b. The date of first disability or the date of successful reapplication under subsection 1 of section 65-05-08 was after July 31, 1995; and
c. The injured employee received a determination of permanent and total disability before August 1, 2007.
2. An injured employee who meets the requirements of subsection 1 is entitled to an alternative calculation of additional benefits payable instead of the calculation provided for under section 65-05-09.4. For the limited purpose of this alternative calculation, the organization shall use the calculation established under section 65-05-09.4 and shall consider that the injured employee’s pre-August 1, 1995, date of injury is also the injured employee’s date of first disability.