§ 65-05-29 — Assignment of claims void - Claims exempt

1. Any assignment of a claim for compensation under this title is void. All compensation
and claims therefor are exempt from claims of creditors except any of the following:
a. A child support obligation ordered by a court of competent jurisdiction.
b. A claim by job service North Dakota for reimbursement of unemployment
benefits, for the amount that was paid by job service North Dakota during the
period for which the claimant is found eligible for temporary total or permanent

total disability benefits, not to exceed the disability award actually made by the
organization.
c. A claim by the organization for any payments made due to:
(1) Clerical error, mistake of identity, innocent misrepresentation by or on behalf
of the recipient, or any other circumstance of a similar nature, all not
induced by fraud, in which cases the recipient shall repay it or recoupment
of any unpaid amount may be made from any future payments due to the
recipient on any claim with the organization;
(2) An adjudication by the organization or by order of any court, if the final
decision is that the payment was made under an erroneous adjudication, in
which cases the recipient shall repay it or recoupment of any unpaid amount
may be made from any future payments due to the recipient on any claim
with the organization;
(3) Fraud, in which case the recipient shall repay the payment or the unpaid
amount of the sum may be recouped from any future payments due to the
recipient on any claim with the organization;
(4) Overpayment due to application of section 65-05-09.1; or
(5) A claim by the organization for premiums, penalties, and interest under
chapter 65-04.
2. a. Notwithstanding paragraph 2 of subdivision c of subsection 1, during the sixty
days immediately following the date of injury, if the organization accrues a health
care provider expense or makes a payment for a medical expense and the
organization later determines the medical expense is for the care and treatment
of a noncompensable injury, disease, or other condition, the injured employee is
not liable for the medical expense accrued or paid by the organization before the
earlier of:
(1) The third day following the date the organization makes a determination the
medical expense is for a noncompensable injury, disease, or condition; or
(2) The third day following the date the injured employee or medical provider
reasonably should have known the medical expense is for a
noncompensable injury, disease, or condition.
b. Medical expenses incurred under this subsection may not be charged against an
employer's account for purposes of experience rating.