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 residualasbestos injury fund (referred to as "the fund" in this chapter) for thepurpose of providing compensation to employees who become totallyand permanently disabled from an exposure to asbestos while inemployment within Indiana and who are eligible for benefits undersection 3 of this chapter (expired August 1, 2007, and repealed) andnot eligible for benefits under IC 22-3-7. The fund shall beadministered by the worker's compensation board (referred to as "theboard" in this chapter).
(b) The fund is not a part of the general fund. Money in the fundat the end of a particular fiscal year and interest accruing from theinvestment of the money does not revert to the state general fund.The fund shall be used only for the payment of awards ofcompensation and expense of medical examinations made andordered by the board and chargeable against the fund under thissection and shall be paid for that purpose by the treasurer of stateupon 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 orwho are liable under IC 22-3-2 through IC 22-3-7 to paycompensation; and
(2) each employer carrying its own risk to pay compensationunder 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 eachemployer described in subsection (a)(2) shall pay to the board fordeposit in the fund the assessment specified in subsection (c):
(1) until the initial balance in the fund is equal to or greater thantwo 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 theassessment is less than fifty thousand dollars ($50,000).
(c) An assessment required under subsection (b) equals one-halfof one percent (0.5%) of the total amount of worker's compensationand occupational diseases benefits paid to injured employees or theirbeneficiaries during the calendar year immediately preceding the duedate 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Repealed
(Repealed by P.L.3-2008, SEC.269.)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 itconsiders necessary at the expense of the fund to protect the fundagainst 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.)