Assignment of compensation; exemption from attachment or execution; payment to nonresident




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23-106823-1068.  Assignment of compensation; exemption from attachment or execution; payment to nonresident

A.  Compensation, whether determined or not, is not, prior to the delivery of the warrant therefor, assignable.

B.  Except as provided in subsection D of this section, compensation is exempt from attachment, garnishment and execution and does not pass to another person by operation of law, except that:

1.  The amount of compensation payable to a person at the time of death, whether payable in periodic payments or converted to a lump sum, and whether or not the warrant therefor has been issued or delivered after that person's death, shall be paid to that person's personal representative.

2.  If medical, wage loss or disability benefits are paid or otherwise provided by an employer to or for the benefit of an employee for an injury or illness for which medical or compensation benefits payable pursuant to this article have been denied or for which a claim for compensation under this article has not been filed, and the injury or illness is subsequently determined to be compensable under this article, the employer or the person authorized by the employer to provide such benefits is entitled to a direct payment out of, or a direct credit against, the medical or compensation benefits payable under this article in the amount of the benefits previously paid or provided.  

C.  Any dispute as to the amount of the direct payment or credit against the medical or compensation benefits payable shall be resolved pursuant to section 23 1061, subsection J.



D.  Compensation is subject to an assignment for the payment of support as defined in section 25 500, spousal maintenance and the fee for handling child support and spousal maintenance payments authorized by section 25 510.

E.  Payment to the consular agent, or the consular agent's representative, of the nation of which a dependent is a resident or subject, of compensation due the dependent residing outside the United States, any power of attorney to receive or receipt for such compensation to the contrary notwithstanding, is a full discharge of the benefits or compensation as if made directly to the beneficiary.23-1068


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