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

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…