SUBSEQUENT INJURY FUND BOARD

ORIGIN & FUNCTIONS

In 1963, the Subsequent Injury Fund Board's function first was assumed by the Workmen's Compensation Commission when the General Assembly made the Commission responsible for the Subsequent Injury Fund (Chapter 809, Acts of 1963). In 1975, the Workmen's Compensation Fund Board succeeded the Commission and, in turn, was replaced by the Subsequent Injury Fund Board in 1982 (Chapter 142, Acts of 1982).

The Subsequent Injury Fund Board provides workers' compensation benefits to disabled workers who experience the combined effects of pre-existing disabilities and accidental work-related injuries.

To carry out its purposes, the Board supervises the Subsequent Injury Fund. The Fund compensates workers whose pre-existing health conditions, when combined with an accidental workplace injury, increases their disability and hinders their ability to work. While Workers' Compensation claims cover damages caused by a current injury, the Fund assumes liability for the combined effects of all injuries and conditions. By limiting the liability of employers and their insurers to damages from recent injuries, the Fund encourages the employment of disabled workers.

The Fund is financed through an assessment of 6.5 percent on awards against employers or insurers for permanent disability or death, and on amounts paid under settlement agreements (Code Labor & Employment Article, sec. 9-806).

Three members constitute the Subsequent Injury Fund Board. They are appointed to four-year terms by the Governor with Senate advice and consent. The Board names the Director (Code Labor & Employment Article, secs. 10-201 through 10-219).

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