See Articles Written by the Ramos Law Team About Subsequent Injury Trust Fund
A subsequent injury may sever an Employer/Insurer’s liability for medical care and indemnity benefits. Please see Board Rule 204. To determine whether the chain of causation is broken, it is necessary to examine the circumstances surrounding the subsequent injury, and answer questions such as: Did the subsequent injury occur at work? Did the subsequent injury…
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As of 07/01/07, the self-insured employers and the carriers in New York can no longer file claims for reimbursement with the Special Funds Conservation Committee under Section 15-8. In other words, for claims with dates of accident or dates of disablement of 07/01/07 or later,
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In North Carolina, the Industrial Commission disburses moneys from the Second Injury Fund. In order to qualify for compensation for a second injury, the original and the subsequent injury must be at least twenty percent (20%) of the entire body, and, the additional compensation cannot exceed
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The two major types of second-injury funds are reimbursement funds and take-over funds. In both of these situations, the employer/insurer can reduce liability when the fund becomes liable.
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With the Georgia legislature now back in session, it makes me consider the fate of the SITF and its impending sunset. While it does not appear that the legislature will consider any new measures for the SITF in this session, I would certainly wish
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The unprecedented growth of the Georgia SITF over the past few years reportedly indicates growth of a substantial unfunded liability. These ever-rising liabilities, coupled with incentives to submit cases into the Fund and increasing assessments, have been a recipe for financial disaster that the Georgia Legislature has now addressed.
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The 2003 amendment to O.C.G.A. § 34-9-203, effective July 1, 2003, added paragraph (c)(4), imposing a one year limitation period on the filing of reimbursement claims. While this amendment imposed a one year filing limitation
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Settlement may occur prior to OR following SITF acceptance of a claim. In the case where a claim is settled prior to SITF acceptance, SITF does not consider itself a party to the agreement and is not subject to its provisions. When settlement negotiations are initiated during the evaluation process, SITF must be notified by…
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In order for an employer/insured to be eligible for reimbursement from the Subsequent Injury Trust Fund, the employee’s subsequent injury must be directly caused by the prior impairment. The employer must show that this prior impairment was permanent and likely to be a hindrance to employment. Any pre-existing, permanent condition qualifies. The condition may be…
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Any insurance company licensed in Georgia to issue workers’ compensation policies or self-insured employer authorized by the State Board of Workers’ Compensation is eligible to file a claim for potential reimbursement from the Subsequent Injury Trust Fund. The employer/insurer should forward a letter to the fund stating a desire to actively pursue the claim. The…
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