Section 408.46. Application for silicosis, dust disease, and logging industry compensation fund and second injury fund benefits.

(1) An application for reimbursement of  benefits  from   the silicosis, dust disease and logging industry compensation fund and second injury fund shall be made on form 112 and sent to the principal office of the funds administrator.

(2)   A carrier believing that reimbursement may be due from the second injury fund under section 372 of the act shall immediately notify the fund of the potential claim. The fund may then conduct an investigation of the personal injury and shall have reasonable  time  to   schedule   medical examinations.

If a petition is filed with the bureau, then the carrier shall add the second injury fund and the fund shall have  the  same  rights as any other party defendant.

The magistrate shall enter an order determining the liability of the   carrier and the fund.

(3)   If an employee petitions for a hearing under section 356(1) of the act, then the second injury fund shall be deemed a party in interest and shall be named on the petition filed by the employee or added by the carrier when it has knowledge that a claim is being filed under section 356(1) of the act. The fund shall have the same rights as a carrier in the proceedings.

(4)     Any stipulated order presented for entry which may affect the amount or duration of benefits or which involves a potential liability on any state fund created under chapter 5 of the act shall be presented to the magistrate for entry only after a party provides 10 days’ notice of the date of hearing to all parties affected or potentially affected. A party shall file proof of service on the other parties before the hearing date. The magistrate may, at his or her discretion, require the presentment of proofs in support of  the stipulation.

(5)   Reimbursement shall be made on a quarterly basis for the second injury fund’s portion of the benefits due the employee.

History: 1979 AC; 1984 AACS; 1998-2000 AACS.