Section 4-11-02-05 - Transitional duty - Conditions for offer - Termination -Additional transitional duty1. The state shall offer an employee with an alleged compensable injury transitional duty meeting the limitations or restrictions imposed on the employee's ability to work due to the alleged compensable injury. Priority must be given to offering transitional duty within the jurisdiction of the employing authority. If transitional duty is not available, the employing authority shall determine if transitional duty is available elsewhere with the state. Transitional duty is determined to be appropriate if: a. The employee is unable to perform the duties of the employee's preinjury position; b. The employee files, in a timely manner: (1) A notice of the alleged compensable injury; and (2) A claim for workers' compensation; c. Appropriate transitional duty is available; d. The employee's treating medical provider approves the transitional duty; e. The transitional duty is not prohibited by the source that funds the employee's preinjury position; and f. The employee would otherwise be employed by the employing authority if the employee had not incurred the alleged compensable injury. 2. Transitional duty offered pursuant to this section must be terminated by whichever of the following occurs earliest: a. When ninety days have passed since the date the employee began the assignment; b. When the employee's treating medical provider verifies that the employee has permanent restrictions preventing the employee from returning to the employee's preinjury position; c. When the transitional duty is no longer available; d. When the employee's treating medical provider verifies that the employee is capable of performing the duties of the employee's preinjury position; e. When the employee's entire claim or claim for disability benefits is denied by the bureau; or f. When the employee retires or otherwise terminates employment. 3. The state may extend the original transitional duty or offer an employee who has an alleged compensable injury additional transitional duty if: a. The employee has returned to work at the employee's preinjury position and is temporarily unable to perform the duties of that position due to the alleged compensable injury; and b. The additional transitional duty is recommended by the risk management division and the bureau. 4. If the employing authority is unable initially to provide transitional duty and transitional duty is found with a receiving authority, the transitional duty with the receiving authority must end if transitional duty meeting the restrictions and limitations of the employee becomes available with the employing authority. 5. Transitional duty offered to an employee must be located twenty-five miles or less from the location of the employee's preinjury position, unless the employee agrees to accept transitional duty which is greater than twenty-five miles away from the location of the employee's preinjury position. 6. An employee must accept or decline transitional duty within twenty-four hours of receipt of the offer, when possible, and not later than two days. Failure by an employee to accept transitional duty that is approved by the employee's medical provider that is within twenty-five miles of the employee's preinjury position may jeopardize the employee's receipt of workers' compensation benefits. 6. If the employee is offered transitional duty with a receiving authority: a. The transitional duty does not constitute a transfer to the position; b. The employee shall be deemed to remain in the employee's preinjury position; and c. The employing authority is responsible for the payment of the employee's salary and benefits. 7. An employing authority shall: a. Coordinate with the receiving authority a description of the transitional duty to be offered to an employee with an alleged compensable injury; and b. Review with the bureau and the office of management and budget risk management workers' compensation manager, after each physical assessment, the limitations placed on the injured employee by the medical provider to determine required adjustments to the transitional duty, if needed. N.D. Admin Code 4-11-02-05
General Authority: NDCC 28-32-02
Law Implemented: NDCC 65-04-03.1