§ 34-9-383. Membership of Board of Trustees of Fund
Each member of the board of trustees shall be an employee of a participant. The board of trustees shall consist of a chairperson and six trustees elected by the participants. The board of trustees shall initially be appointed by the Governor not later than August 1, 1990. Three of the initial trustees shall be appointed […]
§ 34-9-358. Payment of Assessments to Fund by Insurers and Self-Insurers; Calculations
Prior to January 1, 2010, each insurer and self-insurer under this chapter shall, under regulations prescribed by the board of trustees, make payments to the fund in an amount equal to that proportion of 175 percent of the total disbursement made from the fund during the preceding calendar year less the amount of the net […]
§ 34-9-384. General Powers of Board of Trustees
The board of trustees shall possess all powers necessary and convenient to accomplish the objectives prescribed by this article, including, but not limited to, the following: Not later than 90 days from its appointment, the board of trustees must make and submit to the board for approval such bylaws, rules, regulations, and resolutions as are […]
§ 34-9-359. Reports by Employers of Compensation and Benefits Paid; Failure to Pay Assessments
As soon as practicable after January 1 but not later than January 31 of each calendar year, the administrator shall forward to each insurer and self-insured employer a questionnaire asking for the total amount of compensation, medical benefits, and rehabilitation benefits paid by each insurer and self-insured employer during the preceding calendar year. This report […]
§ 34-9-385. Bankruptcy of Participants
Any participant who files for relief under the federal Bankruptcy Act or against whom bankruptcy proceedings are filed or for whom a receiver is appointed shall file written notice of such fact with the board and the board of trustees within 30 days of the occurrence of such event. Any individual who files an application […]
§ 34-9-360. Reimbursement of Employer or Insurer for Subsequent Injury Compensation Payments; Amounts of and Prerequisites to Reimbursement From Fund
If an employee who has a permanent impairment incurs a subsequent injury or disease arising out of and in the course of employment, which subsequent injury results in liability for the disability arising from merger of the subsequent injury with the preexisting permanent impairment, the employer or insurer shall in the first instance pay all […]
§ 34-9-386. Assessment of Participants; Liability of Fund and Participants for Claims; Revocation of Participant’s Authority to Be Self-Insured
The board of trustees shall, commencing January 1, 1991, assess each participant in accordance with paragraph (2) of this subsection. Upon reaching a funded level of $15 million net of all liabilities, all annual assessments against participants who have paid at least three prior assessments shall cease except as specifically provided in paragraph (4) of […]
§ 34-9-361. Employer’s Knowledge of Employee’s Preexisting Permanent Impairment
It shall be incumbent upon the employer to establish that the employer had reached an informed conclusion prior to the occurrence of the subsequent injury or occupational disease that the preexisting impairment is permanent and is likely to be a hindrance or obstacle to employment or reemployment. Where, however, the employer establishes knowledge of the […]
§ 34-9-387. Reimbursement and Security Deposit From Participant for Compensation Obligations
The board of trustees shall have the right and duty to obtain reimbursement from any participant for payment of compensation obligations in the amount of the participant’s compensation obligations assumed by the board of trustees and paid from the fund by the board of trustees as directed by the board, including, but not limited to, […]
§ 34-9-362. Notice by Employer or Insurer of Claim Against Fund; Request for a Hearing
An employer or insurer shall notify the administrator of the fund of any possible claim against the fund as soon as practicable, but in no event later than 78 calendar weeks following the injury or the payment of an amount equivalent to 78 weeks of income or death benefits, whichever occurs last. The claim must […]