[{"_1":2,"_99":-5,"_100":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76,88],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6297011,"mediaKeyId","2511853-fe0ec239d90cb9e4799fbcf57353f1bc","parentId",2511853,"title","WSI seeks statutory clarifications on compensable mental injuries and benefits cap in SB 2109; opponents warn of narrowed access for injured workers","audioSeconds",5089,"startMs",4776000,"endMs",9865000,"viewUrl","/Search/View?dp=1&key=2511853-fe0ec239d90cb9e4799fbcf57353f1bc&start=4776&end=9865","thumbnailUrl","https://assets.pipeline.soar.com/2511853-fe0ec239d90cb9e4799fbcf57353f1bc/thumbnail_4776000.jpg","articleUrl","/articles/6297011/North-Dakota/WSI-seeks-statutory-clarifications-on-compensable-mental-injuries-and-benefits-cap-in-SB-2109-opponents-warn-of-narrowed-access-for-injured-workers","mediaUrl","https://secure.pipeline.soar.com/6297011-7bfc795467d55ab0cf4ae8e71507517d/orig.mp4?Expires=1771143798&Signature=cAXSSqZs0Tg9Cf0szrlsZVCqZkQNchnizLwJeHg4h62kuxRvOMK09fajdY00XJwDKbs~inr9kdTHCh9SA-Dx44~LsAQbWquIhe4JHt7gsbXtNl6b3E~4JqTfOeTGCdHhE-QpE0-RxmnX3b-LjdDjgQUBO-3SjRACw96dreNpaAoF4uGVnOCA~8rdSTwuK5S4agtElFXVnZW-RgoUf7Vg51xAUeFBthUtzBSodklm1pJ5Ifj2POppghkMX-jaOx05SlrmstcAtlyveYHnQvgtXAI9UDF~WTK6YU3q~mXu5hLSJD6MQUW1Of-AB71dLSmh6j9merZ3iMv88mmXiwpfFQ__&Key-Pair-Id=KUT5TJCACFTXG","author","North Dakota Legislature","date","2025-03-05T00:00:00Z","article","Workforce Safety and Insurance representatives asked the House Industry, Business and Labor Committee to amend state statutes to clarify compensability standards for mental and psychological conditions and to adjust a series of benefit limits and administrative procedures.

\"Clarity eliminates most litigation and allows the agency to fairly and consistently administrate benefits,\" Tim Wallene, chief of injury services at WSI, told the committee while explaining the provisions of engrossed Senate Bill 21‑09.

Nut graf: SB 21‑09 would (1) incorporate language into statute that WSI previously carried as an administrative rule to define when a mental or psychological condition is a compensable injury, (2) require actual lost earnings rather than an abstract loss of earnings capacity to trigger disability benefits in some reapplication cases, (3) authorize WSI to deliver dispute decisions by electronic means once its technology systems allow, and (4) raise several benefit caps — including increasing the death indemnity cap from $300,000 to $400,000 and indexing that cap by $10,000 every odd‑numbered year. WSI said the changes respond to a recent North Dakota Supreme Court decision and reduce future litigation; injured‑worker advocates said the statutory changes would make legitimate claims harder to prove and urged the committee to remove the new limiting language.

WSI explained the changes as a response to a court decision that invalidated an administrative rule that the agency used to apply the statute. Wallene said North Dakota law already requires that a compensable mental condition be caused by a physical injury and that the physical injury be \"determined with reasonable medical certainty to be at least 50% of the cause of the condition as compared with all other contributing causes combined.\" He told the committee that the administrative rule had clarified the agency's application of that standard by requiring objective medical evidence that a mental condition is the physiologic product of the physical injury (for example, brain trauma, suffocation or poisoning), and by listing emotional stressors and other non‑physiologic contributors that would not be compensable. Wallene said legislators should adopt that rule language into statute to restore clarity following the Riley decision and to avoid litigation that would otherwise sort the standard by case law.

WSI also described other changes in SB 21‑09: updating the statutory definition of \"electronic means\" to allow electronic delivery of appealable decisions once the agency's systems support it; increasing the statutory cap on indemnity payments to survivors from $300,000 to $400,000 with a $10,000 increase every odd‑numbered year; and raising the annual scholarship maximum for dependents of catastrophically injured workers from $10,000 to $12,500.

Opponents urged caution. Jackie Hall, executive director of the North Dakota Association for Justice, said the Supreme Court's January 2025 Riley decision rejected WSI's administrative rule as an overreach and restored a claimant‑friendly reading of the statute. Hall told the committee the bill would effectively codify the now‑rejected administrative standard and could prevent legitimately compensable psychological claims from moving forward. She cited one Supreme Court reversal — a delivery driver who became a quadriplegic and alleged an adjustment disorder with depression — as an example of the court siding with claimants where the agency's administrative rule had denied benefits.

\"Senate Bill 21‑09 looks to take the administrative interpretation of the statute that did not approve the mental disability and make it law after this decision,\" Hall said, urging the panel to remove the proposed limiting language on compensable psychological conditions.

Committee members pressed both sides on details. Representatives asked how WSI would measure the \"50 percent of the cause\" threshold and whether the agency or the injured worker bears the burden of proof. Wallene said the statutory framework requires claimants to support their entitlement to benefits with medical evidence and that objective medical records (imaging, prior treatment notes, medication records) inform the agency's comparative causation assessment. He acknowledged the court's role and said the proposed statutory language would change the law the court must interpret going forward.

Wallene and several supporter witnesses said many changes in the bill are clarifying and were vetted with stakeholder groups, including employer organizations, which favored eliminating ambiguity that can produce litigation and increase fund costs. Opponents and some committee members said the proposal should not be rushed: they urged leaving the statute aligned with the Supreme Court's recent ruling or removing the portions that narrow the definition so injured workers retain access to appealable review.

No final committee action on SB 21‑09 is recorded in the hearing transcript provided. The bill provoked detailed technical questions about medical causation, administrative practice and the balance between reducing litigation and protecting claimants' access to benefits.

","mediaType","Video","parentTitle","House Industry, Business and Labor 03/05/2025","oneSentenceSummary","Workforce Safety and Insurance asked the House Industry, Business and Labor Committee to adopt statutory language in Senate Bill 21‑09 that would codify a restrictive standard for compensable mental conditions, require actual lost earnings in some disability cases, authorize electronic delivery of dispute decisions, and raise several benefit caps.","taxTitle","Industry, Business and Labor, House of Representatives, Legislative, North Dakota","taxId",28894,"location","North Dakota","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6297015,"Representative proposes ballot referendum to raise North Dakota minimum wage to $9.25 with annual COLA",3602,470000,4072000,"/Search/View?dp=1&key=2511853-fe0ec239d90cb9e4799fbcf57353f1bc&start=470&end=4072","https://assets.pipeline.soar.com/2511853-fe0ec239d90cb9e4799fbcf57353f1bc/thumbnail_470000.jpg","/articles/6297015/North-Dakota/Representative-proposes-ballot-referendum-to-raise-North-Dakota-minimum-wage-to-925-with-annual-COLA","https://secure.pipeline.soar.com/6297015-3ab61673815d1175050d8726864760b5/orig.mp4?Expires=1771143798&Signature=LnXWPVIe1n79D84tIcWeOsUwgIfsvkU9VnisScs1rKwkiYn8NcBruaLETUvmnA9ZQcVuTbA-7bhrwOdNgHtXsjsQgkbInUrDVFqjIBKUV6RPzfAthnB~m5aWFsj1~QiV551f-bZ4XIrruWZtf8yaMRZfrTYzHmXFMETLGiCc3tU23Kq~70YGT4N71TiHO3S8mn0DdskaBYjBY3oqqJ7T2hMzeqFmd0GRG9krWambDXS4wtppvmUsp35SU8OKFmC1yu326-5iBtph6Bd41bXmrp1Is-E1suVkllhOoIND~Kjv-uxdDUUfjbX3BpQXQJ5tS~FPgwzjWXRD0UTxX05Law__&Key-Pair-Id=KUT5TJCACFTXG","Representative Lori Beth Hager introduced House Concurrent Resolution 30‑32 on behalf of workers she said are earning wages that leave them in or near poverty.

\"I stand before you today to offer House Concurrent Resolution 30 32,\" Representative Lori Beth Hager told the House Industry, Business and Labor Committee, describing the measure as a proposal to raise North Dakota’s minimum wage from the federal level of $7.25 an hour to $9.25 an hour and to provide an annual cost‑of‑living adjustment tied to the consumer price index.

The nut graf: HCR 30‑32 would put a constitutional amendment on the 2026 general election ballot asking voters to increase the state minimum wage to $9.25 per hour beginning January 2027 and to authorize automatic January 1 adjustments thereafter based on the CPI. Supporters said the change would reduce poverty and help employers recruit and retain employees; opponents said the state’s tight labor market and rising wages without a statutory safety valve could push firms to automate or otherwise raise costs.

Hager said her district includes large numbers of renters and mobile‑home residents and that she has repeatedly introduced minimum‑wage measures. She framed the resolution as a voter choice: \"This year I am presenting a resolution so the people of our state can decide whether or not to increase the minimum wage for North Dakotans,\" she said. Hager told the committee she selected $9.25 as a compromise figure that would be higher than the federal rate while remaining below surrounding states’ averages.

Several residents spoke in favor. Andrew Alexis Farvel of Bismarck said raising the bottom wage would help employers recruit workers and serve as a signal that North Dakota values workers. \"Raising the bottom wage makes a certain amount of sense,\" he told the committee. Andrea Grigsby, who identified herself as a Bismarck resident and massage therapist, said, \"If we agree on these principles, then we must agree that $7.25 an hour for anyone is not enough.\"

Business and employer organizations testified in opposition. Eric Spencer, president and CEO of the Greater North Dakota Chamber, told the committee, \"We believe the free market is working,\" citing the state's low unemployment rate and wage gains driven by labor demand. Mike Rood, president of the North Dakota Petroleum Marketers and Retail Association, said many employers already are offering starting wages substantially above the federal minimum and expressed concern a higher mandated floor and annual CPI increases would accelerate automation and put pressure on small businesses.

Committee members pressed Hager on details. Representative Casper asked whether the legislature could statutorily raise the wage instead of placing a constitutional amendment on the ballot; Hager said a statutory approach is possible but that recent sessions had not favored that route. Representatives asked whether tipped employees (restaurants, bars) were covered; Hager said she would seek legislative counsel because tips are treated differently under current law. Committee members also sought data on how many workers currently earn the federal minimum; Hager said she had been told the raw count was about 200 people statewide but did not provide a demographic breakdown.

The measure as presented would take effect in January 2027 if approved by voters and would then adjust annually on January 1 using the consumer price index. Hager said the proposal is intended as a starting point toward reducing poverty and improving workers’ ability to remain in North Dakota.

The committee did not take final action on HCR 30‑32 during the hearing noted in the transcript. The hearing included public testimony both for and against the resolution and several members requested follow‑up information, including current counts of workers at the minimum wage, treatment of tipped workers, and comparisons to neighboring states' rates.

Looking ahead: if the committee reports HCR 30‑32 favorably, the resolution would be placed on the 2026 general election ballot for voter approval or rejection.

","Representative Lori Beth Hager introduced House Concurrent Resolution 30‑32 on behalf of low‑wage workers and asked the House Industry, Business and Labor Committee to place a constitutional amendment on the 2026 ballot that would raise North Dakota’s minimum wage from $7.25 to $9.25 an hour beginning January 2027 and tie future increases to the consumer price index.",{"_33":89,"_35":36,"_37":38,"_39":90,"_41":91,"_43":92,"_45":92,"_47":93,"_49":94,"_51":95,"_53":96,"_55":56,"_57":58,"_59":97,"_61":62,"_63":64,"_65":98,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6297006,"Committee advances bill to give $250 one‑time WSI premium credit to veteran‑owned startups and surviving spouses",0,9870000,"/Search/View?dp=1&key=2511853-fe0ec239d90cb9e4799fbcf57353f1bc&start=9870&end=9870","https://assets.pipeline.soar.com/2511853-fe0ec239d90cb9e4799fbcf57353f1bc/thumbnail_9870000.jpg","/articles/6297006/North-Dakota/Committee-advances-bill-to-give-250-onetime-WSI-premium-credit-to-veteranowned-startups-and-surviving-spouses","https://secure.pipeline.soar.com/6297006-b82fe27c1c40254f67b00faf8104bcb7/orig.mp4?Expires=1771143798&Signature=BKog0fpq00GARY2sE42WHV2ClDPHlCk8LjNrakI3avGEmyYP9VJHWQ3QuBT3f91ArokTreTu9pvVwDkzwFRe5JnORd0XdQoLEbiGg5i19tKd66ZdD5El1d81LsRrki37dxMB94q1DsMlLUr~fzAngRzlosulGG-ljgU96oDqXfkiMy7~zam0fgfD6GmCICtChdLjBOG136usth5hjyvBpUfs47-4yt7EgOLP7eQ33UQvM-8WCKvSwQhLxZ2cAYRmPM2elMLJ7OmijtqQ3QwInIAkI~J8ZsopBKTz5ImUVI3~ja8wXe742wGpIZvKuOYW2uyhvm9tCFQlO5ihkrUlVA__&Key-Pair-Id=KUT5TJCACFTXG","The House Industry, Business and Labor Committee voted to recommend engrossed Senate Bill 20‑46 after a brief hearing that drew no opposition testimony.

Senate Bill 20‑46 would authorize Workforce Safety and Insurance to grant a one‑time workers’ compensation premium credit of up to $250 to a new employer if the business is at least 50% owned by an active member of the North Dakota National Guard, a veteran as defined by state law, or the surviving spouse of a veteran. WSI witness Anne Green said the agency selected $250 because that figure equals the agency's minimum premium charge and is commonly the full first‑year premium for many very small employers.

The nut graf: supporters said the credit is a modest, targeted incentive to reduce startup costs for veterans, Guard members and surviving spouses who form new businesses. WSI also used the bill to request technical edits allowing electronic delivery of appealable decisions when the agency’s new technology platforms are in place. No opponents testified at the hearing.

Representative Schauer offered the committee's motion for a do‑pass recommendation. Vice Chair Johnson seconded. The committee roll call recorded 11 yes, 0 no and 2 absent, and the committee identified a member who would carry the bill to the full chamber.

WSI told the committee it expects to implement electronic notice functionality in coming releases of its multi‑year technology upgrade and that the statutory language would permit WSI to offer electronic delivery once recipients opt in and the system can log receipt. Committee members asked for the number of employers that currently pay WSI’s minimum premium; WSI said many employers are minimum‑premium accounts and offered to provide an exact figure to the committee.

The committee recessed following the vote and scheduled further business later in the session.","The House Industry, Business and Labor Committee voted to report Senate Bill 20‑46 favorably after Workforce Safety and Insurance staff and stakeholders described a one‑time $250 workers' compensation premium credit for new businesses at least 50% owned by an active North Dakota National Guard member, a veteran under state law, or a qualifying","actionData","errors"]

Article not found

WSI seeks statutory clarifications on compensable mental injuries and benefits cap in SB 2109; opponents warn of narrowed access for injured workers

Representative proposes ballot referendum to raise North Dakota minimum wage to $9.25 with annual COLA

Committee advances bill to give $250 one‑time WSI premium credit to veteran‑owned startups and surviving spouses