N.D. Workers’ Comp Agency Will Reconsider Some Denied Claims

North Dakota’s workers’ compensation agency will take another look at some denied claims for benefits, unless issues raised in a dispute already have been examined in court, an agency official says.

Injured workers who want their claims reviewed again also will have to agree to open their files to a six-member interim legislative committee, according to a statement by John Halvorson, the interim chief executive officer for Workforce Safety and Insurance.

The Legislature’s Workers’ Compensation Review Committee, which was established two years ago, reviews old benefit claims to see if they show a need for changes in North Dakota law.

In its report to the 2007 Legislature, the panel reviewed 11 claims. Since the session adjourned in April, no one has applied to have the committee review any more claims, said Jennifer Clark, the panel’s Legislative Council attorney.

Its chairman, Rep. George Keiser, R-Bismarck, asked WSI last week to consider reopening some denied claims. Keiser said Monday that Halvorson’s statement “looks awfully close to what I proposed.”

“I’m thrilled that they’re willing to open it up. This is kind of revolutionary,” Keiser said. An injured worker who has had his or her benefit claim denied “has nothing to lose by going through this process,” Keiser said.

Mark Schneider, a Fargo attorney who represents injured workers, dismissed WSI’s statement as “window dressing.”

“Does anyone really believe that the same venal bureaucrats that wrongfully denied the claims in the first place are suddenly going to have an epiphany, and now award benefits on the denied claims?” Schneider asked. “This is akin to putting a Band-Aid on a traumatic amputation.”

WSI’s internal auditor recently raised the possibility that the agency had improperly denied legitimate claims. Keiser said the review would allow lawmakers to explore whether that was happening.

“If there is this great number of claims out there that we’ve heard about in the recent couple of months, it’s really up to the Legislature to do something about it, rather than just continue to talk about it,” he said.

Workforce Safety and Insurance will consider denied claims filed since July 1, 1995, emphasizing those where benefits were refused because the work injury could be attributed to normal degeneration of the body.

The agency will take applications from Jan. 1 through June 30.