CHAPTER 392
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CHAPTER 392
TEMPORARY DISABILITY INSURANCE
Part I. Short Title; Purpose; Definitions
Section
392-1 Short title
392-2 Findings and purpose
392-3 Definitions generally
392-4 Place of performance
392-5 Excluded services
392-6 Individual in current employment
392-7 Average weekly wage
Part II. Temporary Disability Benefits
392-21 Establishment of temporary disability benefits
392-21.5 Proceedings to determine employment and coverage
392-22 Weekly benefit amount
392-23 Duration of benefit payments
392-24 Waiting period
392-25 Eligibility for benefits
392-26 Care by physician, advanced practice registered nurse,
or equivalent required
392-27 Ineligibility in certain cases
392-28 Duplication of benefits not permitted
392-29 No assignment of benefits; exemptions from attachment,
etc.
Part III. Provision for Temporary Disability Insurance
Benefits
392-41 Provision for payment of benefits
392-42 Notice of insurance
392-42.5 Insurer's requirements; failure to maintain a claims
service office; penalty; injunction
392-43 Authority to withhold contributions, rate of
contribution, maximum weekly wage base
392-43.5 Payments of premium for ineligible employees not
permitted
392-44 Payment of disability benefits
392-44.5 Notice of denial
392-45 Subrogation rights if employee entitled to workers'
compensation benefits or indemnity under employers'
liability acts
392-46 Subrogation rights against third parties
392-47 Failure to give security for payment of benefits;
penalty; injunction
392-48 The insurance contract
392-49 Insolvency of employer not to release insurer
392-50 Cancellation of insurance contracts
392-51 Failure to submit timely wage and employment
information
392-52 Disposition of accrued benefits where insurer is
unable to locate employee
Part IV. Trust Fund for Disability Benefits
392-61 Establishment of trust fund for disability benefits
392-62 Management of the fund
392-63 Disbursements from the fund
392-64 Investment of moneys
392-65 Temporary disability benefits to be paid from the
trust fund for disability benefits; recovery of
disability benefits
392-66 Disability while unemployed
392-67 Assessments for the trust fund for disability
benefits
392-68 Failure to pay assessments
392-69 Request for wage and employment information
Part V. Determinations
A. Appeal Procedure
392-71 Appeal tribunal
392-72 Appeals, filing, and hearing
392-73 Procedure
392-74 Conclusiveness of determinations and decisions
392-75 Judicial review
392-76 Representation
392-77 Payment of benefits
392-78 Recovery of benefits paid; individual's liability to
repay benefits; insurer's appeal rights
392-79 Reconsideration
392-80 Appeal pending when reconsideration issued
392-81 Notice of reconsideration
B. Determinations Relating to Wage Withholding
392-86 Disputes between employers and employees relating to
withholding of wages
Part VI. Enforcement
392-91 Enforcement by the director
392-92 Penalties
Part VII. Miscellaneous Provisions
392-101 Limitation of fees
Attorney General Opinions
Where department essentially has two TDI plans (full-time teachers are covered by a plan approved by DLIR pursuant to §392-41(a)(5), and department's A+ and other employees are paid benefits in accordance with TDI law found in this chapter), if an individual is employed by department as both a full-time teacher and an A+ employee and the individual becomes disabled for both jobs, the department must pay the individual under both TDI plans. Att. Gen. Op. 97-9.