N.D. Cent. Code § 65-05-35 (2026)
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. \n 65-05-36. Preferred worker program - Continuing appropriation. For purposes of this section, "preferred worker" means a worker who has incurred a compensable injury that resulted in a disability that poses a substantial obstacle to employment. The organization may provide assistance as determined appropriate to preferred workers or employers who employ a preferred worker. In addition, employers who apply for and are approved as a preferred worker employer may not be assessed premiums on a preferred worker's salary for three years from the date of hiring. The organization may not charge claims\n\n Page No. 24 costs incurred as a result of an injury sustained by a preferred worker against the preferred worker's employer's account during the first three years after the worker is hired. The organization shall charge those claims costs to the general fund. The organization may adopt rules to regulate and manage the preferred worker program authorized by this section. An employer or preferred worker may not appeal an organization decision not to provide assistance to that employer or preferred worker under this section. Money in the workforce safety and insurance fund is appropriated on a continuing basis to provide the assistance authorized under this section. \n