Section 631IAC1-1-31. Second injury fund

   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.

(Worker's Compensation Board of Indiana; Rule 39; filed Jul 17, 1963, 11:10 p.m.: Rules and Regs. 1964, p. 106; filed Dec 27, 1976, 3:45 p.m.: Rules and Regs. 1977, p. 219; filed May 12, 1983, 10:15 a.m.: 6 IR 1247, eff Sep 1, 1983; errata, 6 IR 1751; readopted filed Nov 13, 2001, 12:20 p.m.: 25 IR 1305; readopted filed Oct 12, 2007, 1:09 p.m.: 20071031-IR-631070472RFA; filed May 4, 2012, 10:15 a.m.: 20120530-IR-631110357FRA; readopted filed Sep 10, 2013, 12:41 p.m.: 20131009-IR-631130349RFA) NOTE: Renumbered Rule 38 by 1967; 84. NOTE: 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.