Sec. 23.30.040. Second injury fund.

461 words·~2 min read·/ak/title-23/chapter-30/23-30-040

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)There is created a second injury fund, administered by the commissioner. Money in the second injury fund may only be paid for the benefit of those persons entitled to payment of benefits from the second injury fund under this chapter. Payments from the second injury fund must be made by the commissioner in accordance with the orders and awards of the board.

(b)If an employee suffers a compensable injury that results in temporary total disability, temporary partial disability, permanent partial disability, or permanent total disability, the employer or insurance carrier shall contribute to the second injury fund. The contribution shall be made annually at the time of the report filing required by AS 23.30.155 (m). The amount of the contribution is the product of the compensation to which the employee is entitled for temporary total disability, temporary partial disability, permanent partial disability, or permanent total disability and the applicable contribution rate set out in column A of this subsection. Payment need not be made to the second injury fund if the total contribution under this subsection is less than $20. By December 15 of each year the commissioner shall determine and make available to the public the applicable contribution rate for the following calendar year according to the reserve rate of the second injury fund in column B of this subsection:

Column B Reserve Rate

Column A Second Injury Fund Contribution Rate(Percent)At Least(Percent)But Less Than(Percent)

6050

55075

475100

3100125

2125150

1150175

0175

(c)If an employee suffers a compensable injury that results in death and the employee is not survived by a widow, widower, child, or dependent relative eligible to receive death benefits under AS 23.30.215 , the employer or insurance carrier shall pay $10,000 to the second injury fund.

(d)The board may refund a payment made into the second injury fund if the employer or insurance carrier shows that it made the payment by mistake or inadvertence, or if it shows there existed at the time of the death of the employee a beneficiary entitled to benefits under AS 23.30.215 .

(e)[Repealed, § 27 ch 93 SLA 1982.]

(f)[Repealed, § 22 ch 91 SLA 2018.]

(g)The attorney general may investigate claims and hire expert witnesses necessary to prevent fraudulent or excessive claims for money in the second injury fund.

(h)Administration expenses of the state under this section and AS 23.30.205 must be paid from the second injury fund.

(i)The amount of a payment to the second injury fund and the conditions under which a payment is required of an employer or insurance carrier must be in accordance with the version of

(b)of this section in effect on the date that the injury to the employee occurred.