§ 65-05-35 — Closed claim - Presumption

1. A claim for benefits under this title is presumed closed if the organization has not paid
any benefit for a period of four years.
2. A claim that is presumed closed may not be reopened for payment of any further
benefits unless the presumption is rebutted by clear and convincing evidence that the
work injury is the primary cause of the current symptoms.
3. With respect to a claim that has been presumed closed, the employee shall provide
the organization written notice of reapplication for benefits under that claim. In case of
award of lost-time benefits, the award may commence no more than thirty days before
the date of reapplication. In case of award of medical benefits, the award may be for
medical services incurred no more than thirty days before the date of reapplication.
4. This section applies to all claims for injury, irrespective of injury date.