CHAPTER 71. WORKERS' COMPENSATION
- Part 1. General Provisions
- 39-71-101. Short title.
- 39-71-102. Reference to plans.
- 39-71-103. Compensation provisions.
- 39-71-104. Repealed.
- 39-71-105. Declaration of public policy.
- 39-71-106. No liability for reporting violation.
- 39-71-107. Insurers to act promptly on claims -- in-state claims examiners.
- 39-71-108. through reserved.
- 39-71-116. Definitions.
- 39-71-117. Employer defined.
- 39-71-118. Employee, worker, volunteer, and volunteer firefighter defined.
- 39-71-119. Injury and accident defined.
- 39-71-120. Repealed.
- 39-71-121. Repealed.
- 39-71-122. Repealed.
- 39-71-123. Wages defined.
- 39-71-124. Applicability of Workers' Compensation Act -- exceptions.
- Part 10. Referral of Disabled Workers for Vocational Rehabilitation
- 39-71-1001. Repealed.
- 39-71-1002. Repealed.
- 39-71-1003. Payment for vocational rehabilitation expenses for injuries occurring on or before June 30, 1997.
- 39-71-1004. Industrial accident rehabilitation account.
- 39-71-1005. Repealed.
- 39-71-1006. Rehabilitation benefits.
- 39-71-1007. through reserved.
- 39-71-1011. Definitions.
- 39-71-1012. Repealed.
- 39-71-1013. Repealed.
- 39-71-1014. Rehabilitation services -- required and provided by insurers.
- 39-71-1015. Repealed.
- 39-71-1016. Repealed.
- 39-71-1017. Repealed.
- 39-71-1018. Repealed.
- 39-71-1019. Repealed.
- 39-71-1020. through reserved.
- 39-71-1023. Repealed.
- 39-71-1024. Repealed.
- 39-71-1025. Auxiliary rehabilitation benefits.
- 39-71-1026. Repealed.
- 39-71-1027. through reserved.
- 39-71-1031. Exchange of information.
- 39-71-1032. Termination of benefits for noncooperation with rehabilitation provider -- appeal.
- 39-71-1033. Repealed.
- Part 11. Managed Care and Preferred Provider Organizations
- 39-71-1101. Choice of physician by worker -- change of physician -- receipt of care from managed care organization.
- 39-71-1102. Preferred provider organizations -- establishment -- limitations.
- 39-71-1103. Workers' compensation managed care.
- 39-71-1104. Managed care organizations -- notification.
- 39-71-1105. Managed care organizations -- application -- certification.
- 39-71-1106. Compliance with medical treatment required -- termination of compensation benefits for noncompliance.
- 39-71-1107. Domiciliary care -- requirements -- evaluation.
- 39-71-1108. Physician self-referral prohibition.
- 39-71-1109. Repealed.
- Part 2. Administrative Provisions
- 39-71-201. Administration fund.
- 39-71-202. Office of department.
- 39-71-203. Powers of department -- rules.
- 39-71-204. Hearings -- rules of evidence -- appeal, rescission, alteration, or amendment by department of its orders, decisions, or awards -- effect -- appeal.
- 39-71-205. Department authorized to charge certain fees -- disposition of.
- 39-71-206. Legal advisers of department and state fund -- investigative and prosecution services.
- 39-71-207. Repealed.
- 39-71-208. Blank forms, minutes, and records.
- 39-71-209. Publication of reports and bulletins authorized.
- 39-71-210. Repealed.
- 39-71-211. Fraud detection and prevention unit -- expenditure accounting.
- 39-71-212. through reserved.
- 39-71-221. Repealed.
- 39-71-222. Repealed.
- 39-71-223. Certified copies of public records -- fees.
- 39-71-224. Records exempt from disclosure -- separation of exempt material from nonexempt.
- 39-71-225. Workers' compensation database system.
- 39-71-226. Renumbered .
- Part 21. Compensation Plan Number One
- 39-71-2101. General requirements for electing coverage under plan.
- 39-71-2102. Proof of solvency to be filed.
- 39-71-2103. Employer permitted to carry on business and settle directly with employee -- individual liability.
- 39-71-2104. Renewal of application.
- 39-71-2105. Additional proof of solvency -- revocation of order.
- 39-71-2106. Requiring security of employer.
- 39-71-2107. When employer to make deposit or security to guarantee payment of compensation.
- 39-71-2108. Failure of employer to pay benefits -- duty of department.
- 39-71-2109. Repealed.
- 39-71-2110. through reserved.
- 39-71-2115. Transfer of claim liabilities -- rules.
- Part 22. Compensation Plan Number Two
- 39-71-2201. Election to be bound by plan -- captive reciprocal insurers.
- 39-71-2202. Policies made subject to chapter.
- 39-71-2203. Content of policies -- policies subject to approval, change, or revision by department.
- 39-71-2204. Insurer to submit notice of coverage within thirty days -- penalty for failure.
- 39-71-2205. Policy in effect until canceled or replaced -- twenty-day notification of cancellation required -- penalty.
- 39-71-2206. Repealed.
- 39-71-2207. Repealed.
- 39-71-2208. Repealed.
- 39-71-2209. and reserved.
- 39-71-2211. Premium rates for construction industry -- filing required.
- 39-71-2212. through reserved.
- 39-71-2215. Security deposit to ensure payment of liability of plan No. 2 insurer.
- Part 23. Compensation Plan Number Three
- 39-71-2301. Repealed.
- 39-71-2302. Repealed.
- 39-71-2303. Renumbered .
- 39-71-2304. Repealed.
- 39-71-2305. Repealed.
- 39-71-2306. Repealed.
- 39-71-2307. Renumbered .
- 39-71-2308. Renumbered .
- 39-71-2309. Repealed.
- 39-71-2310. Repealed.
- 39-71-2311. Intent and purpose of plan -- expense constant defined.
- 39-71-2312. Definitions.
- 39-71-2313. State compensation insurance fund created -- obligation to insure.
- 39-71-2314. State fund subject to laws applying to state agencies.
- 39-71-2315. Management of state fund -- powers and duties of the board -- business plan required.
- 39-71-2316. Powers of state fund.
- 39-71-2317. Appointment of executive director -- management staff.
- 39-71-2318. Personal liability excluded.
- 39-71-2319. Assets and liabilities of prior state fund.
- 39-71-2320. Property of state fund -- investment required -- exception.
- 39-71-2321. What to be deposited in state fund.
- 39-71-2322. Money in state fund held in trust -- disposition of funds upon repeal of chapter.
- 39-71-2323. Surplus in state fund -- payment of dividends.
- 39-71-2324. Repealed.
- 39-71-2325. State fund to keep accounts of segregations.
- 39-71-2326. Repealed.
- 39-71-2327. Earnings of state fund to be credited to fund -- improper use a felony.
- 39-71-2328. State fund alternative personal leave plan -- exception -- collective bargaining negotiation -- personal leave definition.
- 39-71-2329. reserved.
- 39-71-2330. Rate setting -- surplus -- multiple rating tiers.
- 39-71-2331. Workplace safety program.
- 39-71-2332. Pooled risk safety group.
- 39-71-2333. through reserved.
- 39-71-2336. Manner of electing -- contract or policy of insurance -- payment of premium.
- 39-71-2337. State fund to submit notice of coverage within thirty days -- penalty for failure.
- 39-71-2338. Repealed.
- 39-71-2339. Cancellation of coverage -- twenty days' notice required.
- 39-71-2340. Collection in case of default.
- 39-71-2341. Repealed.
- 39-71-2342. through reserved.
- 39-71-2351. Purpose of separation of state fund liability as of July 1, 1990, and of separate funding of claims before and on or after that date.
- 39-71-2352. Separate payment structure and sources for claims for injuries resulting from accidents that occurred before July 1, 1990, and on or after July 1, 1990 -- spending limit -- authorizing tra
- 39-71-2353. Repealed.
- 39-71-2354. Repealed.
- 39-71-2355. Repealed.
- 39-71-2356. Mutually agreeable lump-sum settlements.
- 39-71-2357. through reserved.
- 39-71-2361. Legislative audit of state fund.
- 39-71-2362. Authority of legislative auditor with respect to state fund.
- 39-71-2363. Agency law -- submission of budget -- annual report.
- 39-71-2364. through reserved.
- 39-71-2370. Claims expenditures codes.
- Part 24. Mediation
- 39-71-2401. Disputes -- jurisdiction -- settlement requirements -- mediation.
- 39-71-2402. through reserved.
- 39-71-2406. Purpose.
- 39-71-2407. Department authority -- rules.
- 39-71-2408. Mandatory, nonbinding mediation.
- 39-71-2409. Duties of mediator.
- 39-71-2410. Limitations on mediation proceedings.
- 39-71-2411. Mediation procedure.
- Part 25. Employer's Old Fund Liability Tax (Repealed)
- Part 26. Self-Insurers Guaranty Fund
- 39-71-2601. Short title.
- 39-71-2602. Purpose -- construction.
- 39-71-2603. Definitions.
- 39-71-2604. Board of directors of fund.
- 39-71-2605. through reserved.
- 39-71-2609. Establishment of fund -- employer participation required.
- 39-71-2610. Rulemaking -- powers of fund.
- 39-71-2611. Duties, liabilities, and rights of fund.
- 39-71-2612. through reserved.
- 39-71-2615. Initial fee -- assessment.
- 39-71-2616. Reimbursement for obligations paid and assumed.
- 39-71-2617. Tax exemption.
- 39-71-2618. Immunity.
- 39-71-2619. Notification of insolvency by private self-insurer.
- 39-71-2620. Audit requirement.
- Part 3. Miscellaneous Provisions
- 39-71-301. Certificates and certified copies as evidence.
- 39-71-302. Repealed.
- 39-71-303. Repealed.
- 39-71-304. Books, records, and payrolls to be open to inspection -- penalty for refusal -- subpoenas.
- 39-71-305. Repealed.
- 39-71-306. Insurers to file summary reports of benefits paid for injuries and miscellaneous expenses and statements of medical expenditures.
- 39-71-307. Employers and insurers to file reports -- penalty.
- 39-71-308. Repealed.
- 39-71-309. Repealed.
- 39-71-310. through reserved.
- 39-71-315. Prohibited actions -- penalty.
- 39-71-316. Filing true claim -- obtaining benefits through deception or other fraudulent means.
- 39-71-317. Employer not to terminate worker for filing claim -- preference -- jurisdiction over dispute.
- 39-71-318. Repealed.
- 39-71-319. reserved.
- 39-71-320. Voluntary certification program for claims examiners -- purpose -- rulemaking -- advisory committee -- continuing education.
- 39-71-321. through reserved.
- 39-71-325. Claim summary and actuarial documentation for impaired insurer.
- Part 4. Coverage, Liability, and Subrogation
- 39-71-401. Employments covered and exemptions -- elections -- notice.
- 39-71-402. Extraterritorial application and reciprocity -- exception.
- 39-71-403. Plan three exclusive for state agencies -- election of plan by public corporations -- financing of self-insurance fund -- exemption for university system -- definitions -- rulemaking.
- 39-71-404. Repealed.
- 39-71-405. Liability of employer who contracts work out.
- 39-71-406. Deduction from wages of any part of premium a misdemeanor.
- 39-71-407. Liability of insurers -- limitations.
- 39-71-408. Liability as first lien in case of bankruptcy or failure.
- 39-71-409. Waivers by employee invalid.
- 39-71-410. Repealed.
- 39-71-411. Provisions of chapter exclusive remedy -- nonliability of insured employer.
- 39-71-412. Liability of third party other than employer or fellow employee -- additional cause of action.
- 39-71-413. Liability of employer or fellow employee for intentional and deliberate acts -- additional cause of action -- intentional injury defined.
- 39-71-414. Subrogation.
- 39-71-415. Procedure for resolving disputes regarding independent contractor status.
- 39-71-416. Repealed.
- 39-71-417. Independent contractor certification.
- 39-71-418. Suspension or revocation of independent contractor exemption certificate.
- 39-71-419. Independent contractor violations -- penalty.
- 39-71-420. reserved.
- 39-71-421. Financial incentives to institute safety programs.
- 39-71-422. through reserved.
- 39-71-426. Repealed.
- 39-71-427. Repealed.
- 39-71-428. Repealed.
- 39-71-429. and reserved.
- 39-71-431. Repealed.
- 39-71-432. Definitions.
- 39-71-433. Group purchase of workers' compensation insurance.
- 39-71-434. Deductible insurance policy provision for medical benefits.
- 39-71-435. Workers' compensation and employers' liability insurance -- optional deductibles.
- 39-71-436. through reserved.
- 39-71-441. Tribal employment coverage.
- Part 5. Uninsured Employers
- 39-71-501. Definition of uninsured employer.
- 39-71-502. Repealed.
- 39-71-503. Uninsured employers' fund -- purpose and administration of fund -- maintaining balance for administrative costs -- appropriation.
- 39-71-504. Funding of fund -- option for agreement between department and injured employee.
- 39-71-505. Applicability of other provisions of chapter to fund.
- 39-71-506. Lien for payment of unpaid penalties, fees, and interest -- levy and execution.
- 39-71-507. Department to order uninsured employer to cease operations -- noncompliance with order a misdemeanor -- coordination of remedies.
- 39-71-508. Coordination of remedies -- limitation of liability of employee to third-party providers -- rights of third-party providers.
- 39-71-509. Action against uninsured employer -- limitation of employer's defenses.
- 39-71-510. Limitation on benefit entitlement under fund.
- 39-71-511. Setoffs to claim against fund.
- 39-71-512. through reserved.
- 39-71-515. Independent cause of action.
- 39-71-516. District court venue and jurisdiction for independent cause of action.
- 39-71-517. Requirement to serve papers.
- 39-71-518. Setoffs against remaining liability.
- 39-71-519. Settlement.
- 39-71-520. Time limit to appeal to mediation -- petitioning workers' compensation court -- failure to settle or petition.
- 39-71-521. Burden of proof -- insurance coverage.
- 39-71-522. Inspection of construction sites -- public policy -- penalty.
- 39-71-523. and reserved.
- 39-71-525. Confidentiality of records -- exception for use by public employees.
- 39-71-526. through reserved.
- 39-71-531. Repealed.
- 39-71-532. Repealed.
- 39-71-533. Repealed.
- 39-71-534. Repealed.
- 39-71-535. Collection of penalties, claim costs, late fees, and interest -- liability for payment of collection costs.
- 39-71-536. through reserved.
- 39-71-541. Uninsured employer as party to benefits disputes -- indemnification by uninsured employer for benefits paid -- lien for payment -- levy and execution.
- Part 6. Claims for Benefits
- 39-71-601. Statute of limitation on presentment of claim -- waiver.
- 39-71-602. Statute of limitation not to apply during minority or mental incompetency unless guardian appointed.
- 39-71-603. Notice of injuries other than death to be submitted within thirty days -- exception.
- 39-71-604. Application for compensation -- disclosure and communication without prior notice of health care information.
- 39-71-605. Examination of employee by physician -- effect of refusal to submit to examination -- report and testimony of physician -- cost.
- 39-71-606. Insurer to accept or deny claim within thirty days of receipt -- notice of benefits and entitlements to claimants -- notice of denial -- notice of reopening -- notice to employer.
- 39-71-607. Suspension of payments by insurer pending receipt of medical information.
- 39-71-608. Payments within thirty days by insurer without admission of liability or waiver of defense authorized -- notice -- limitations on payments over ninety days.
- 39-71-609. Denial of claim after payments made or termination of all benefits or reduction to partial benefits by insurer -- fourteen days' notice required -- criteria for conversion of benefits.
- 39-71-610. Termination of benefits by insurer -- department order to pay disputed benefits prior to hearing or mediation -- limitation on order -- right of reimbursement.
- 39-71-611. Costs and attorney fees payable on denial of claim or termination of benefits later found compensable -- barring of attorney fees under common fund and other doctrines.
- 39-71-612. Costs and attorney fees that may be assessed against insurer by workers' compensation judge -- barring of attorney fees under common fund or other doctrines.
- 39-71-613. Regulation of attorney fees -- forfeiture of fee for noncompliance -- return of fee when claimant received benefits through fraud or deception.
- 39-71-614. Calculation of attorney fees -- limitation.
- 39-71-615. Payment of medical claims without acceptance of liability.
- Part 7. Compensation and Benefits Generally
- 39-71-701. Compensation for temporary total disability -- exception.
- 39-71-702. Compensation for permanent total disability.
- 39-71-703. Compensation for permanent partial disability.
- 39-71-704. Payment of medical, hospital, and related services -- fee schedules and hospital rates -- fee limitation.
- 39-71-705. Repealed.
- 39-71-706. Repealed.
- 39-71-707. Repealed.
- 39-71-708. Compensation for disfigurement.
- 39-71-709. Repealed.
- 39-71-710. Termination of benefits upon retirement.
- 39-71-711. Impairment evaluation -- ratings.
- 39-71-712. Temporary partial disability benefits.
- 39-71-713. Compensation for occupational diseases and medical benefits -- diminution of compensation.
- 39-71-714. Autopsy.
- 39-71-715. Benefits for pneumoconiosis -- definition.
- 39-71-716. Prohibiting supplementing of benefits.
- 39-71-717. through reserved.
- 39-71-721. Compensation for injury causing death -- limitation.
- 39-71-722. Who constitutes beneficiary to be determined as of date of accident.
- 39-71-723. How compensation to be divided among beneficiaries.
- 39-71-724. Payment of compensation to beneficiary not a resident of United States.
- 39-71-725. Payment of burial expense.
- 39-71-726. No compensation after death when death not result of injury.
- 39-71-727. Payment for prescription drugs -- limitations.
- 39-71-728. through reserved.
- 39-71-736. Compensation -- from what dates paid.
- 39-71-737. Compensation to run consecutively -- exceptions.
- 39-71-738. Repealed.
- 39-71-739. Compensation in case of changes in degree of injury.
- 39-71-740. Payments -- how made in most cases.
- 39-71-741. Compromise settlements and lump-sum payments.
- 39-71-742. Who may receive payment.
- 39-71-743. Assignment or attachment of payments.
- 39-71-744. Benefits not due while claimant is incarcerated -- exceptions.
- Part 8. Compensation for Occupational Deafness (Repealed)
- Part 9. Subsequent Injury Received by Vocationally Handicapped
- 39-71-901. Definitions.
- 39-71-902. Repealed.
- 39-71-903. Procedure.
- 39-71-904. Rules for certification.
- 39-71-905. Certification as person with disability -- eligibility for benefits under fund.
- 39-71-906. Repealed.
- 39-71-907. Certified person with a disability to be compensated for injury as provided by chapter -- insurer liability for compensation limited.
- 39-71-908. Notification of fund of its potential liability under part -- review by fund.
- 39-71-909. Effect of fund's failure to give notification of its intent to dispute liability -- subsequent notification by fund authorized.
- 39-71-910. Repealed.
- 39-71-911. Obligation to make payments on behalf of fund not independent liability.
- 39-71-912. Reimbursement to be promptly made.
- 39-71-913. Repealed.
- 39-71-914. Repealed.
- 39-71-915. Assessment of insurer -- employers -- definition -- collection.
- 39-71-916. Reimbursement of subsequent injury fund -- effect on claims experience rating.
- 39-71-917. through reserved.
- 39-71-920. Concurrence of fund in settlements.