USCC Workers Comp 2023 - 125

Chart XIII-Second Injury Funds, cont.
Jurisdiction
Injuries Covered
West Virginia
Second injury that in
combination with physical
impairment caused by prior
injuries can result in PT. Second
Injury Fund is closed for all
awards made on or after 7/1/03.
Wisconsin
Second injury with permanent
disability of 200 weeks or more
with a preexisting disability of
an equal degree or greater.
Payable by
Employer
Disability caused
by second injury
Payable by Fund
Remainder of
compensation that
would be due for the
PT disability
Disability caused
by second injury
Preexisting disability.
If combined disabilities
result in PT disability,
fund pays difference
between compensation
payable for second
injury and PT disability.
Wyoming
American
Samoa
Virgin Islands
FECA
No statutory provision.
No statutory provision.
No statutory provision.20
No statutory provision.
Longshore Act Second injury resulting in
PP disability that, added to
preexisting injury, results in PT
disability or greater PP disability.
Alberta
British
Columbia
All enhanced disabilities due to
the aggravation of preexisting
condition.
All disability enhanced by
reason of a preexisting disease,
condition, or disability.
Disability caused
by second injury
for first 104
weeks
No
No
Balance of
compensation after
104 weeks
Yes
Yes
$5,000 in no-dependency death
cases or unpaid awards. Pro rata
assessments based on losses, paid
fines, and penalties.
Accident Fund
Special reserve in Accident Fund.
Where preexisting disease or
disability prolongs recovery or makes
compensable disability worse,
employer may be entitled to relief
of costs after 10 weeks of benefits
(RSCM 114.40).
Manitoba
Preexisting or underlying
conditions; occupational disease
exposure outside Manitoba;
long-latency occupational
diseases; loss of earnings
from an employment other
than workers' employer;
prolonged recovery as result
of second accident; costs
of preventive rehabilitation
measures; costs associated
with an injury while a worker
is on a vocational rehabilitation
placement; increase in benefits
due to recurrence, age, or
apprenticeship, or adjusting a
deceased worker's net average
earnings; or other circumstances
that board determines would
unfairly burden a particular
class, subclass, group, subgroup,
or employer. The benefit costs
for workers injured in a work
experience or job-training
program are allocated to a
collective fund.
New
Brunswick
Exacerbation or aggravation of
preexisting conditions which
impact disability.
No
Yes
Collective fund known as Cost
Apportionment Fund. Benefit costs
for workers injured in a work
experience or in a job-training
program are allocated to collective
fund.
Cost relief is not available for
employers who are individually
responsible for benefit costs of their
injured and ill workers.
Sources of Fund
Special Provisions
Second Injury Fund was eliminated
in 2003.
$20,000 in death cases or for loss of
hand, arm, foot, leg, or eye. 100%
of death benefit in no-dependency
cases.
No
Yes
Accident Fund
No cost relief available for self-insured
employers (government).
2023 Analysis of Workers' Compensation Laws | 125
USCC Workers Comp 2023

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