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§ 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 […]

§ 34-9-350. Purpose and Construction of Article

It is the purpose of this article to encourage the employment of persons with disabilities by protecting employers from excess liability for compensation when an injury to a disabled worker merges with a preexisting permanent impairment to cause a greater disability than would have resulted from the subsequent injury alone. It shall not be construed […]