65-05-09. Temporary total or permanent total disability - Weekly and aggregate benefit

65-05-09. Temporary total or permanent total disability - Weekly and aggregate benefit. 1. If an injury causes temporary total or permanent total disability, the fund shall pay to the injured employee during that disability a weekly benefit equal to sixty-six and two-thirds percent of the gross average weekly wage of the injured employee, subject to a minimum of sixty percent and a maximum of one hundred twenty-five percent of the average weekly wage in the state. If an injured employee is disabled due to an injury, that injured employee's benefits will be based upon the injured employee's wage and the organization benefit rates in effect on the date of first disability. 2. Unless otherwise provided in this subsection, if an injured employee suffers disability but is able to return to employment for a period of three consecutive calendar months or more, that injured employee's benefits will be based upon the wage received at the time of the recurrence of the disability. If the wage received at the time of the recurrence of the disability is lower than the injured employee's average weekly wage and the lower wage is due to the physical limitations of the compensable injury, the injured employee's benefits must be based upon the injured employee's average weekly wage. It is the burden of the injured employee to show the inability to earn as much as the injured employee's average weekly wage is due to the physical limitation related to the injury. The organization benefit rates are those in effect at the time of that recurrence. 3. The disability benefit or the combined disability benefit and dependency award may not exceed the weekly wage of the injured employee after deductions for social security and federal income tax. 4. When an injured employee is permanently and totally disabled, must be maintained in a nursing home or similar facility, and has no dependent parent, spouse, or children, as much of that injured employee's weekly benefit as is necessary may be used by the organization to help defray the cost of the nursing home care.