2019 Analysis of Workers' Compensation Laws - 122

Chart XIII-Second Injury Funds, cont.
Jurisdiction

Injuries Covered

Missouri

In cases where the most recent
compensable injury occurred on
or after 1/1/14, the employee
must have a medically
documented preexisting
disability equaling a minimum of
50 weeks of permanent partial
disability compensation which
is: (1) A direct result of active
military duty in any branch of
the U.S. armed forces; (2) A
direct result of a compensable
injury under the Missouri
Workers' Compensation Law;
(3) A noncompensable injury,
but such preexisting disability
directly and significantly
aggravates or accelerates the
subsequent work-related injury;
(4) A preexisting permanent
partial disability of an extremity,
loss of eyesight in one eye, or
loss of hearing in one ear where
subsequent compensable workrelated injury is to the opposite
extremity, eye or ear. Then,
the employee must sustain
a subsequent compensable
work-related injury that
in combination with the
preexisting disability mentioned
above results in a permanent
total disability.

Montana

Payable by
Employer

Payable by Fund

Sources of Fund

Special Provisions

Disability caused
by the most
recent injury,
considered alone
and of itself

In cases where
the most recent
compensable injury
occurred on or after
1/1/14, benefits are
payable from the
Second Injury Fund
only for "Physical
Rehabilitation"
pursuant to §287.141,
RSMo, and/or if the
"combination" of the
permanent effects
of the most recent
compensable injury
with the employee's
"preexisting condition"
renders the employee
permanently totally
disabled. Benefits
for PP disability,
second job lost
wages, uninsured
medical expenses
and uninsured death
benefits are not
available in cases
where the most recent
compensable injury
occurred on or after
1/1/14.

Surcharge set annually on basis of
statute as a percentage of premium
paid by all insured and self-insured
premium equivalent. Surcharge
capped at 3%. A change in the
law, effective 1/1/14, authorizes
the Director of the Division of
Workers' Compensation to collect
a supplemental Second Injury
Fund surcharge not to exceed 3%
for calendar years 2014 to 2021
of policyholder's or self-insured's
workers' compensation net deposits,
net premiums or net assessments of
the previous policy year.

PT Disability benefits from the Second
Injury Fund also may be paid to an
employee who is employed in a
sheltered workshop, as established
in §§205.968 to 205.972 or §§178.900
to 178.960, RSMO, who sustains
a compensable work-related injury
that combines with the preexisting
disability that results in PT disability.
Effective 1/1/14, liabilities of the
Second Injury Fund shall be paid in
the following priority: (1) Expenses
related to the legal defense of the
Second Injury Fund. (2) PT disability
awards in the order in which claims
are settled or finally adjudicated.
(3) PP disability awards in the order
in which such claims are settled or
finally adjudicated. (4) Uninsured
medical expenses incurred prior to
7/1/12. (5) Interest on unpaid awards.
Such liabilities shall be paid to the
extent the Second Injury Fund has a
positive balance. Any unpaid amounts
shall remain an ongoing liability of the
Second Injury Fund until satisfied.

Any new compensable injury
following certification.

Insurer liable
for payment of
medical benefits
for 104 weeks
following injury
and liable for
first 104 weeks
of indemnity
benefits

Employer insurer
reimbursed after first
104 weeks.

Surcharge on employers set annually
as a percentage of premium
sufficient to recoup expenses from
fund in prior year.

Department must certify worker as
vocationally handicapped.

Nebraska10

For injuries occurring before
12/1/97: second injury that
combined with preexisting
disability causes substantially
greater disability. Preexisting
disability must support 25%
earnings loss or 90 weeks of
benefits.

Disability caused
by second injury

Difference between
compensation payable
for second injury and
the total resulting
disability

Workers' Compensation Trust
Fund should be financed and 2%
of benefits paid by carriers, risk
management pools, and self-insurers
in state in prior year.

Payments suspended when fund
reaches $2.3 million. Assessment (2%)
when fund reduced to $1.2 million.
Employer must have knowledge of
preexisting permanent disability.

Nevada11

Second injury that combined with any preexisting disability results in greater disability.12

New
Hampshire

Second injury that combined
with any preexisting disability
results in greater disability.

All benefits paid
by employer/
insurance

Employer/insurance
reimbursed 50% of
anything over $10,000
during first 104 weeks
paid disability and
100% after that.

Assessment against carriers and
self-insurers proportional to total
benefits paid by all carriers.

122 | 2019 Analysis of Workers' Compensation Laws

Employer who undertakes job
modifications to retain injured
worker is reimbursed 50% of cost
of modification from the fund, up to
$5,000 per employer per year. An
employer who reinstates a previously
injured employee shall not be eligible
for reimbursement from the fund
should the employee become injured a
second time.

2019 Analysis of Workers' Compensation Laws

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