2020 Analysis of Workers' Compensation Laws - 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 for 200 weeks or more
with a preexisting disability of
an equal degree or greater.

Wyoming

No statutory provision.

American
Samoa

No statutory provision.

Virgin Islands

No statutory provision20

FECA

No statutory provision

Longshore Act

Payable by
Employer

Payable by Fund

Sources of Fund

Special Provisions

Disability caused
by second injury

Remainder of
compensation that
would be due for the
PT disability

Second Injury Fund was eliminated
in 2003.

 

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.

$20,000 in death cases or for loss of
hand, arm, foot, leg, or eye. 100%
of death benefit in no-dependency
cases.

 

Second injury resulting in
PP disability that, added to
preexisting injury, results in PT
disability or greater PP disability.

Disability caused
by second injury
for first 104
weeks

Balance of
compensation after
104 weeks

$5,000 in no-dependency death
cases or unpaid awards. Pro rata
assessments based on losses, paid
fines, and penalties.

 

Alberta

All enhanced disabilities due to
the aggravation of preexisting
condition.

No

Yes

Accident Fund

 

British
Columbia

All disability enhanced by
reason of a preexisting disease,
condition, or disability.

No

Yes

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.

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.

New
Brunswick

Exacerbation or aggravation of
preexisting conditions which
impact disability.

No

Yes

Accident Fund

No cost relief available for self-insured
employers (government).

2020 Analysis of Workers' Compensation Laws | 125
2020 Analysis of Workers' Compensation Laws

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