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North Dakota
#1
I am hoping to find someone out there who has experience with ND work comp and knowledge of ND WC laws.
Specifically, Seasonal Workers WC benefits formulas.

Thank you in advance for any information.
 
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#2
"For seasonal employment, during the first consecutive days of disability up to twenty-eight days the average weekly wage is calculated pursuant to the first applicable formula in subdivisions b through g, and after that are calculated as one-fiftieth of the total wages from all occupations during the twelve months preceding the date of first disability or during the tax year preceding the date of first disability, or an average of the three tax years preceding the date of first disability, whichever is highest and for which accurate, reliable, and complete records are readily available."


http://www.legis.nd.gov/cencode/t65c01.pdf

You can also get help from the dispute Resolution Office.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
(01-30-2018, 12:21 PM)1171 Wrote: "For seasonal employment, during the first consecutive days of disability up to twenty-eight days the average weekly wage is calculated pursuant to the first applicable formula in subdivisions b through g, and after that are calculated as one-fiftieth of the total wages from all occupations during the twelve months preceding the date of first disability or during the tax year preceding the date of first disability, or an average of the three tax years preceding the date of first disability, whichever is highest and for which accurate, reliable, and complete records are readily available."


http://www.legis.nd.gov/cencode/t65c01.pdf

You can also get help from the dispute Resolution Office.

You are a lifesaver, whoever you are, Thank You!
With that being said, I’m not sure I understand correctly.
If I read this correctly, it really doesn’t matter what my hourly wage was when I was injured. WC uses a 52 week prior, average net yearly income formula?
Thank you again for your time and wisdom!
 
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#4
i've had a lot of practice researching work comp information and am happy to share.

It seems there is no single method or rate. The calculation depends on the length of disability and /or what documentation is available; so you may be entitled to different rates at different times.
Get your paperwork together, w-2s, pay stubs, letters from employers, etc. and ask for a review if you think it was figured ncorrectly. The legislature makes this stuff complicated on purpose so there are always mistakes.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#5
(01-30-2018, 09:41 PM)1171 Wrote: i've had a lot of practice researching work comp information and am happy to share.

It seems there is no single method or rate. The calculation depends on the length of disability and /or what documentation is available; so you may be entitled to different rates at different times.
Get your paperwork together, w-2s, pay stubs, letters from employers, etc. and ask for a review if you think it was figured ncorrectly. The legislature makes this stuff complicated on purpose so there are always mistakes.

Thank you so very much for all of your time, effort and wisdom!
I need to put forth more information, however, I am leary of doing so.
My surgery is tomorrow.
I’m even afraid of putting that information out there!
I know this may be asking too much, but, I won’t know until I ask.
Is there any way we can PM each other?
Time is of the essence!
If the answer is no, I would completely understand.
I am new here and it took me hours to understand how to even pose/post a question.
In short, I am beyond nervous!

Thank you in advance!
 
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#6
My screen name links to my profile. At the bottom of everyone,s profile page is a PM link.
Mine is turned on. I sent you one so you can reply.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#7
(01-31-2018, 12:21 PM)1171 Wrote: My screen name links to my profile. At the bottom of everyone,s profile page is a PM link.
Mine is turned on. I sent you one so you can reply.

Maybe mine is not turned on.
I cannot find any place to view PMs.
 
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#8
The box to the left of the welcome text at the top right of this page will link you to your control panel.
Your messenger folders including your PM inbox is on the left side of that page.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#9
(01-31-2018, 08:02 PM)1171 Wrote: The box to the left of the welcome text at the top right of this page will link you to your control panel.
Your messenger folders including your PM inbox is on the left side of that page.

Thank you again, however, I am on my iPhone.
I have searched everywhere for a message box.
I figured out how to send you a msg, but not how to receive.
My surgery was this morning. Although it went well, the Doctor told me for months that I had a partial torn rotator cuff, possible torn labrum along with a fluid filled bursa sack and impingement syndrome.
These findings were from an MRI.
He told me after surgery that I did not have a torn rotator at all.
Nor did I have a torn labrum. All I had were some bone spurs and fluid filled bursa which he fixed.
This bothers me on certain levels! How can he say for months one thing and afterwards, “ it wasn’t what he thought. “
Doc said for two months prior to surgery that he was going to do an MRI with contrast. That never came about. I asked several times, prior to surgery if he could tell me a percentage of the rotator cuff tear. He said at least 50%.
With all of that being said, the issue I had with how WC was/is paying benefits, was because of the significant loss of WC pay based on adjusters last 52 weeks, average pay formula. I made over $15 an hour, 6 hrs a day, 30 hrs a week when the injury occurred. Since I am considered a seasonal employee, WC used the 52 week average pay formula. I know it is what it is!
Just sucks going from approximately $700 every 2 weeks to now about 1/4 of that.
Also, is it true that there is no settlement (aka stipulation) when you are a seasonal worker?

Thank you in advance!
 
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#10
sub division (g) of the code i provided above would seem to apply:

A wage reasonably and fairly approximating the weekly wage lost by the claimant during the period of disability.

if you are not going to challenge their decision based on the code or if you don't want to contact the dispute resolution office like i suggested then there is not much more that can be done to change the wage determination other then getting an atty.
http://www.workforcesafety.com/decision-review-office

try this link for your control panel
http://www.workerscompensation.com/forum...usercp.php
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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