CHAPTER 11. RESIDUAL ASBESTOS INJURY FUND
IC 22-3-11
Chapter 11. Residual Asbestos Injury Fund
IC 22-3-11-1
Creation; administration; use of fund
Sec. 1. (a) There is created a special fund known as the residual
asbestos injury fund (referred to as "the fund" in this chapter) for the
purpose of providing compensation to employees who become totally
and permanently disabled from an exposure to asbestos while in
employment within Indiana and who are eligible for benefits under
section 3 of this chapter (expired August 1, 2007, and repealed) and
not eligible for benefits under IC 22-3-7. The fund shall be
administered by the worker's compensation board (referred to as "the
board" in this chapter).
(b) The fund is not a part of the general fund. Money in the fund
at the end of a particular fiscal year and interest accruing from the
investment of the money does not revert to the state general fund.
The fund shall be used only for the payment of awards of
compensation and expense of medical examinations made and
ordered by the board and chargeable against the fund under this
section and shall be paid for that purpose by the treasurer of state
upon award or order of the board.
As added by P.L.224-1985, SEC.5. Amended by P.L.28-1988,
SEC.66; P.L.3-2008, SEC.157.
IC 22-3-11-2
Assessments; deposit in fund
Sec. 2. (a) This section applies to:
(1) each insurance carrier insuring employers who may be or
who are liable under IC 22-3-2 through IC 22-3-7 to pay
compensation; and
(2) each employer carrying its own risk to pay compensation
under IC 22-3-2 through IC 22-3-7.
(b) Before August 1, 1985, and April 10 in all subsequent years,
each insurance carrier described in subsection (a)(1) and each
employer described in subsection (a)(2) shall pay to the board for
deposit in the fund the assessment specified in subsection (c):
(1) until the initial balance in the fund is equal to or greater than
two hundred thousand dollars ($200,000); and
(2) after the initial balance in the fund satisfies subdivision (1),
only if the balance in the fund on April 1 of the year of the
assessment is less than fifty thousand dollars ($50,000).
(c) An assessment required under subsection (b) equals one-half
of one percent (0.5%) of the total amount of worker's compensation
and occupational diseases benefits paid to injured employees or their
beneficiaries during the calendar year immediately preceding the due
date of the assessment.
As added by P.L.224-1985, SEC.5. Amended by P.L.28-1988,
SEC.67.
IC 22-3-11-3
Repealed
(Repealed by P.L.3-2008, SEC.269.)
IC 22-3-11-4
Repealed
(Repealed by P.L.3-2008, SEC.269.)
IC 22-3-11-5
Expert medical testimony
Sec. 5. The board may secure expert medical testimony as it
considers necessary at the expense of the fund to protect the fund
against questionable claims for benefits.
As added by P.L.224-1985, SEC.5.
IC 22-3-11-6
Repealed
(Repealed by P.L.3-2008, SEC.269.)