An employee shall be deemed permanently unable to return to the employee's preinjury position due to a disability arising from a compensable injury on the date on which the employee's treating medical provider has informed the bureau that the employee has permanent physical restrictions as a result of the work injury and the employing authority has notified the bureau that it cannot accommodate those restrictions.
N.D. Admin Code 4-11-02-09
General Authority: NDCC 28-32-02
Law Implemented: NDCC 65-04-03.1