75E-5-312. Payment of a compensation award -- Claims against the award -- Review.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2026

(a)Except as provided in Subsection (1)(b) , a compensation specialist may provide for the payment of a compensation award in a lump sum or in installments.

(i)The compensation specialist shall pay the part of a compensation award equal to the amount of economic loss accrued to the date of the compensation award in a lump sum.

(ii)A compensation specialist may not pay allowable expense that would accrue after an initial compensation award is made in a lump sum.

(iii)Except as provided in Subsection

(2), a compensation specialist shall award the part of a compensation award that may not be paid in a lump sum under this Subsection (1)(b) in installments.

(2)At the request of the claimant, the compensation specialist may convert future economic loss installment payments, other than allowable expense, to a lump sum payment, discounted to present value, but only upon a finding by the compensation specialist that the compensation award in a lump sum will promote the interests of the claimant.

(a)A compensation award for future economic loss payable in installments may be made only for a period for which the compensation specialist can reasonably determine future economic loss.

(b)The compensation specialist may reconsider and modify a compensation award for future economic loss payable in installments, upon the compensation specialist's finding that a material and substantial change of circumstances has occurred.

(4)A compensation award is not subject to execution, attachment, or garnishment, except that a compensation award for allowable expense is not exempt from a claim of a creditor to the extent that the creditor provided products, services, or accommodations, the costs of which are included in the compensation award.

(5)An assignment or agreement to assign a compensation award for loss accruing in the future is unenforceable, except:

(a)an assignment of a compensation award of compensation for work loss to secure payment of alimony, maintenance, or child support;

(b)an assignment of a compensation award 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 compensation claim is based and are provided or to be provided by the assignee; or

(c)an assignment to repay a loan obtained to pay for the obligations or expenses described in Subsection (5)(a) or

(b).

(a)A compensation specialist shall review at least annually every compensation award being paid in installments.

(b)An order on review of a compensation award does not require refund of amounts previously paid unless the compensation award was obtained by fraud or a material mistake of fact.

Renumbered and Amended by Chapter 291 , 2026 General Session