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Article 2. Benefits of California Labor Code >> Division 4. >> Part 1. >> Chapter 11. >> Article 2.
When the account determines that the conditions in Section
4406 have occurred, payments as advances on workers' compensation
asbestos workers' benefits shall be provided in accordance with this
chapter, notwithstanding the right of the asbestos worker to secure
compensation as otherwise provided for in this division.
For purposes of this chapter, the death benefit shall be
paid in installments in the same manner and amounts as temporary
disability indemnity.
Benefits provided by this chapter shall not be commuted
into a lump-sum payment.
Prior to seeking compensation benefits under this chapter,
the asbestos worker shall first make claim on the employer or its
workers' compensation insurance carrier for payment of compensation
under this division. If the asbestos worker is unable to locate the
responsible employer or insurance carrier, or if the employer or
insurance carrier fails to pay or denies liability for the
compensation required by this division to the person entitled
thereto, within a period of 30 days after the assertion of such a
claim, the asbestos worker may seek payment of workers' compensation
asbestos workers' benefits required by this division from the
Asbestos Workers' Account.
The Director of Industrial Relations, or his or her
representative, shall assign investigative and claims adjustment
services respecting matters concerning Asbestos Workers' Account
cases. Those assignments may be made within the department, including
the Division of Workers' Compensation, and excluding the State
Compensation Insurance Fund.
The administrative director shall appoint workers'
compensation judges and support staff who shall give priority to the
processing of the claims of asbestos workers.
The administrative director shall appoint at least two
information and assistance officers who shall give priority to
assisting asbestos workers pursuant to the provisions of this
chapter. The information and assistance officer shall assist to the
fullest extent possible any asbestos worker seeking benefits under
this chapter. In assisting the asbestos worker, the information and
assistance officer shall conduct necessary investigation and procure
those records, reports, and information which are necessary to the
early identification of responsible employers and insurance carriers,
and to facilitate in the expediting of payments of benefits that may
be due under this division.
(a) When a claim is made against the Asbestos Workers'
Account, the account shall secure appropriate information, adjust the
claim, and pay benefits provided by this chapter in accordance with
the provisions of this division.
(b) The asbestos worker shall, prior to the first payment of benefits by the Asbestos Workers' Account, file an application before the Workers' Compensation Appeals Board to determine the responsible employer for payment of compensation under this division.
(c) In every case before the Workers' Compensation Appeals Board in which a claim of injury from exposure to asbestos is alleged, the appeals board shall join the Asbestos Workers' Account as a party to the proceeding and serve the fund with copies of all decisions and orders, including findings and awards, and order approving compromise and release.
(d) Once a decision establishing the responsible employer or insurance carrier is agreed upon between the parties, or is issued by the Workers' Compensation Appeals Board, and becomes final, the Asbestos Workers' Account shall terminate payment of compensation benefits, notify all interested parties accordingly, and seek collection as provided for under this chapter. Responsibility for payment of all future compensation benefits shall be in accordance with such agreement, order, or decision.
(e) The account shall terminate the payment of benefits to any employee who fails to cooperate fully in determining the responsible employer or insurance carrier.
(f) The Asbestos Workers' Account may, at any time, commence or join in proceedings before the Workers' Compensation Appeals Board by filing an application on its own behalf. In any case in which the Asbestos Workers' Account has been joined as a party or has filed an application on its own behalf, the Asbestos Workers' Account shall have all of the rights and privileges of a party applicant.
(b) The asbestos worker shall, prior to the first payment of benefits by the Asbestos Workers' Account, file an application before the Workers' Compensation Appeals Board to determine the responsible employer for payment of compensation under this division.
(c) In every case before the Workers' Compensation Appeals Board in which a claim of injury from exposure to asbestos is alleged, the appeals board shall join the Asbestos Workers' Account as a party to the proceeding and serve the fund with copies of all decisions and orders, including findings and awards, and order approving compromise and release.
(d) Once a decision establishing the responsible employer or insurance carrier is agreed upon between the parties, or is issued by the Workers' Compensation Appeals Board, and becomes final, the Asbestos Workers' Account shall terminate payment of compensation benefits, notify all interested parties accordingly, and seek collection as provided for under this chapter. Responsibility for payment of all future compensation benefits shall be in accordance with such agreement, order, or decision.
(e) The account shall terminate the payment of benefits to any employee who fails to cooperate fully in determining the responsible employer or insurance carrier.
(f) The Asbestos Workers' Account may, at any time, commence or join in proceedings before the Workers' Compensation Appeals Board by filing an application on its own behalf. In any case in which the Asbestos Workers' Account has been joined as a party or has filed an application on its own behalf, the Asbestos Workers' Account shall have all of the rights and privileges of a party applicant.
