Current through the 2023 Regular Session
Section 39-71-2611 - Duties, liabilities, and rights of fund(1) The fund shall assume the workers' compensation obligations of a private self-insurer that come due after the private self-insurer has been determined to be an insolvent self-insurer.(2) The fund is not liable for the payment of any penalties or interest assessed for any act or omission of a person acting on behalf of the fund.(3) The fund is a party in interest in all proceedings involving workers' compensation claims against an insolvent private self-insurer whose workers' compensation obligations have been paid or assumed by the fund. The fund has the same rights and defenses as the insolvent private self-insurer, including but not limited to all of the following: (a) to appear and deny, defend, and appeal a claim; and(b) to receive notice of, investigate, adjust, compromise, settle, and pay a claim.(4) The fund shall concur in department decisions relating to allowing an employer to self-insure.En. Sec. 7, Ch. 244, L. 1989; amd. Sec. 6, Ch. 163, L. 1991.