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Current as of January 01, 2024 | Updated by FindLaw Staff
1. The division may provide for the payment of an award in a lump sum or in installments. The part of an award equal to the amount of economic loss accrued to the date of the award must be paid in a lump sum. An award for allowable expense that would accrue after the award is made may not be paid in a lump sum. Except as provided in subsection 2, the part of an award that may not be paid in a lump sum must be paid in installments.
2. At the request of the claimant, the division may commute future economic loss, other than allowable expense, to a lump sum, but only upon a finding by the division that:
a. The award in a lump sum will promote the interests of the claimant; or
b. The present value of all future economic loss other than allowable expense does not exceed one thousand dollars.
3. An award for future economic loss payable in installments may be made only for a period as to which the division can reasonably determine future economic loss. The division may reconsider and modify an award for future economic loss payable in installments, upon its finding that a material and substantial change of circumstances has occurred.
4. An assignment or agreement to assign a right to compensation for loss accruing in the future is unenforceable, except:
a. An assignment of a right to compensation for work loss to secure payment of alimony, maintenance, or child support; or
b. An assignment of a right to compensation for allowable expense to the extent that the benefits are for the cost of products, services, or accommodations necessitated by the injury or death on which the claim is based and are provided or to be provided by the assignee.
5. No funds may be placed in reserve by the division on any claim.
Cite this article: FindLaw.com - North Dakota Century Code Title 54. State Government § 54-23.4-13. Manner of payment--Nonassignability and exemptions - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-54-state-government/nd-cent-code-sect-54-23-4-13/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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