The North Dakota workers' compensation program is considering a raft of changes to its administrative rules encompassing everything from how it pays lawyers to how it defines work.
The proposed changes to 36 rules, which span 95 pages, were presented for comment in a public hearing Tuesday in a teleconference linking Bismarck and Fargo.
Dave Kemnitz, president of the North Dakota AFL-CIO, the state's largest labor union, questioned the need for a new definition of "treating doctor" and a new provision that appears to bar treating doctors from evaluating injured workers for impairment awards.
Kemnitz thought the new definition could conflict with the definition already laid out in state law, and asked for clarification.
"To me it was immediately confusing when I was trying to reference it to anything else," he said.
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Similarly, the labor leader questioned the need for the definition of "work" and wondered whether it would conflict with statute.
Elsewhere, Kemnitz said a new rule giving Workforce Safety and Insurance, the state's workers' compensation program, the authority to go back and review medical billings also should apply to newly discovered medical evidence that could have a bearing on an injured worker's claim.
Attempts by workers advocates to pass a law allowing workers to present so-called "after-acquired" medical evidence have failed.
The rules also address changes in premium discounts and grants employers can receive for safety programs. The agency, which now awards safety discounts of about $5 million a year, is expected to award between $5 million and $15 million under new initiatives.
"If we can avoid injury, illness and death through outreach and awareness, that's absolutely what we're after," he said.
Dave Penske of the North Dakota Medical Association said his organization still is waiting to hear from its physician members, and expects to submit written comments.
Written comments will be accepted until Feb. 3 and should be sent to the attention of Jodi Bjornson, P.O. Box 5585, Bismarck, N.D., 58506-5585.
Readers can reach Forum reporter Patrick Springer at (701) 241-5522
