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Session Laws, 1985
Volume 760, Page 1141   View pdf image
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HARRY HUGHES, Governor                                     1141

compensation. The [Director] COMMISSION shall direct payment of
the assessment into the Fund in connection with each such claim
when an injury occurred on or after the first day of January,
1968, or in death cases, where death is the result of an injury
occurring on or after that date. The [Director] COMMISSION
shall also impose an additional assessment of 15 percent of the
awards made in each such claim, such additional assessment not to
exceed $1,500 in any one claim, and shall direct that such
additional assessment also be paid into the Fund.

(2)  The [Director] COMMISSION may assess an insurer
$150, payable to the Fund, if the insurer failed to comply with
the Commission's requirements concerning certification of
insurance with the Commission and it finds that the Fund was
required to investigate or to attend a hearing to ascertain the
existence of insurance. THE COMMISSION MAY ASSESS THE INSURER AN
ADDITIONAL $300 FOR EACH SUBSEQUENT FAILURE TO COMPLY WITH THE
COMMISSION'S INSURANCE CERTIFICATION REQUIREMENTS. FOLLOWING AN
INSURER'S FIFTH FAILURE TO COMPLY, THE COMMISSION SHALL NOTIFY
THE INSURANCE COMMISSIONER AND REQUEST THAT THE INSURER SHOW
CAUSE WHY ITS AUTHORITY TO WRITE WORKMEN'S COMPENSATION INSURANCE
SHOULD NOT BE SUSPENDED OR REVOKED.

(3)  An employer, or, if insured, the employer's
insurance carrier or the State Accident Fund, as the case may be,
shall pay to the Uninsured Employers' Fund an amount equal to 1
percent of all awards rendered against the employer for permanent
disability or death, including awards for disfigurement or
mutilation, and 1 percent of all amounts payable by the employer
(or his insurance carrier or the State Accident Fund) pursuant to
settlement agreements approved by the Commission. The payments
shall be in addition to any payment of compensation to employees
or to their dependents pursuant to the provisions of this
article.

(4)  (i) When the amount of the Fund equals or exceeds
$500,000, further contribution may not be acquired from
employers, insurance carriers, or the State Accident Fund. The
Director thereupon shall so notify each self-insured employer,
each insurance carrier, and the State Accident Fund.

(ii) When the amount of the Fund is reduced
below $250,000 because of payments made pursuant to § 90 of this
article or otherwise, or when the Director determines that
payments likely to be made from the Fund in the next succeeding 3
months will cause the Fund to be reduced below $250,000 the
Director shall notify each self-insured employer, each insurance
carrier, and the State Accident Fund that the contributions are
to be resumed as of a specified date and to continue until the
amount of the Fund again totals $500,000.

(g) (1) If the [Director] COMMISSION determines that
payment of compensation awarded or likely to be awarded against
an insured or self-insured employer is not awarded or is abated
because of death or lack of a claimant eligible for the

 

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Session Laws, 1985
Volume 760, Page 1141   View pdf image
 Jump to  
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