Indiana Administrative Code › Title 631 - WORKER'S COMPENSATION BOARD OF INDIANA › Article 1 - WORKER'S COMPENSATION › Rule 1 - Procedures Before the Board; Compensation Payments; Reports; Second Injury Fund › Section 1-31 - Second injury fund

Current through July 10, 2024
Authority: IC 22-3-1-3
Affected: IC 22-3
Sec. 31.
The board, in order to carry out the intent and purpose of
				  the second injury fund (fund), adopts the following:
(1) All employers and insurance carriers,
				subject to the provisions of the fund, shall keep an accurate record of all
				compensation claims paid to injured employees or their dependents under the act
				(IC 22-3-2 through IC 22-3-6); that the board may examine under oath or
				otherwise, any person, firm, or corporation, concerning the records of the
				compensation payments; that the board may regulate the method and manner and
				provide the necessary forms whereby payments are made to the fund.
(2) All claims made of the fund will be
				determined like other compensation claims, as provided for in IC
				22-3-4-5.
(3) Awards for the
				payment of compensation from the fund shall set forth that no payments out of
				the fund will be made to a claimant until the full amount due from the employer
				for whom he or she was working when he or she received his or her second
				injury, shall have been fully paid; said payments of compensation from the fund
				shall commence on the filing date of claimant's application for said benefits;
				or the date eligibility exists or is established, whichever is latest. All
				compensation payments paid out of the fund shall be ordered payable every six
				(6) weeks. Under no circumstances will the board consider any request for a
				lump sum settlement. Any award made under the provisions of the fund shall be
				subject to review, modification, or cancellation, as provided for under the
				provision of the Indiana worker's compensation act.
(4) The fund shall be under the direction and
				supervision of an administrator named and appointed by the full board. The
				administrator shall be charged with the duty of administering the fund as
				prescribed and, additionally, the administrator shall personally review each
				application filed with the board requesting benefits from the fund. In any case
				where the administrator of the fund determines that there is a question of
				legal entitlement to any benefits from the fund, the administrator shall refer
				a copy of the application to the office of the attorney general of Indiana
				along with a letter or memorandum indicating wherein the administrator believes
				a question of legal entitlement exists. Before the application is set for
				hearing before a single member of the board, the attorney general shall have
				the right to defend the fund against the application for allowance of fund
				benefits.
The attorney general of Indiana may designate which duly
				  appointed deputy shall appear for the defense.
Renumbered Rule 38 by 1967; 84.
Transferred from the Industrial Board of Indiana (
					 630 IAC
					 1-1-38 ) to the Worker's Compensation Board of Indiana
					 ( 631 IAC 1-1-31 ) by P.L. 28-1988, SECTION 121, effective July 1,
					 1988.