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COMMONWEALTH OF PENNSYLVANIA

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34 Pa. Code § 121.22. Subsequent injury fund.

§ 121.22. Subsequent injury fund.

 (a)  Compensation for a subsequent injury, as defined in section 306.1 of the act (77 P. S. §  516) shall be paid as follows:

   (1)  The employer is responsible for payments due for specific loss under section 306(c) of the act (77 P. S. §  513).

   (2)  Upon expiration of the specific loss period, the Bureau will be responsible for additional compensation due for the duration of total disability. The fund established under section 306.2 of the act (77 P. S. §  517), from which these payments are to be made, shall be maintained as follows:

     (i)   Self-insured employers shall pay assessments in amounts determined by the following:

Amount of Compensation Paid by a Self-insured Employer During theThe Amount Expended
Preceding Calendar Yearfrom the Subsequent
x
Injury Fund during the
Total Amount ofPreceding Calendar Year
Compensation Paid by All Insurers During the Preceding Calendar Year

     (ii)   The amount expended from the Subsequent Injury Fund during the preceding calendar year, minus the total amount owed by all self-insured employers, as calculated under subparagraph (i), shall equal the aggregate amount to be collected by insurance carriers.

 (b)  Insurance carriers shall remit to the Bureau assessment amounts as follows:

Amount of Earned Premium as Reported to the Insurance Department, by an Insurance Carrier for the Preceding
Calendar YearAggregate Amount to be
x
Collected by Insurance
Total Amount of EarnedCarriers
Premium Reported to the Insurance Department by all Insurance Carriers for the Preceding Calendar Year

 (c)  If the amount of earned premium as reported to the Insurance Department, by an insurance carrier, for the preceding calendar year is less than zero, the Bureau will calculate the assessment amount as though an earned premium amount of zero were reported to the Insurance Department.

 (d)  Insured employers shall remit assessment amounts through their insurance carriers, according to procedures defined by the approved rating organization and approved by the Insurance Commissioner.

 (e)  Self-insured employers and runoff self-insurers shall pay assessments directly to the Bureau.

 (f)  The claimant shall file a Claim Petition for Additional Compensation from the Subsequent Injury Fund Pursuant to Section 306.1 of the Workers’ Compensation Act, Form LIBC-375, as provided in section 315 of the act (77 P. S. §  602) or the claim will be forever barred.

Authority

   The provisions of this §  121.22 amended under sections 2205 and 2218 of The Administrative Code of 1929 (71 P. S. § §  565 and 578); and sections 401.1 and 435(a) of the Pennsylvania Worker’s Compensation Act (71 P. S. § §  710 and 991(a)).

Source

   The provisions of this §  121.22 amended May 14, 1999, effective May 15, 1999, 29 Pa.B. 2649; amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial pages (255599) to (255600).


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