N.D. Admin. Code 92-01-02-19
Upon third-party recovery pursuant to North Dakota Century Code section 65-01-09 in claims which have been accepted by the organization and when the employer's experience rating has been affected, relief will be given to the employer from the date of injury to the balance of the experience rating period. Relief will be given to the extent of the actual net recovery made by or on behalf of the organization, after deduction from the gross recovery of the costs and attorney fees allowable under North Dakota Century Code section 65-01-09.
"Relief will be given" indicates that the amount of money recovered by the organization in a third-party action will be deducted from the amount charged against the employer's experience rating. This may result in a decreased premium for policy periods impacted by the revised experience rates. An account that has been canceled is not entitled to relief under this section.
Relief will also be given to the extent of the employer reimbursement paid by the employer pursuant to North Dakota Century Code section 65-04-04.4, provided that the net recovery made by or on behalf of the organization is equal to or exceeds the total chargeable expenditures made by the organization on the claim plus the reimbursement made by the employer. An employer who has not timely paid reimbursement under North Dakota Century Code section 65-04-04.4 forfeits any right to relief for that reimbursement.
N.D. Admin Code 92-01-02-19
General Authority: NDCC 65-02-08
Law Implemented: NDCC 65-01-09, 65-04-04.3, 65-04-04.4, 65-04-17