Section 4411 Of Article 2. Benefits From California Labor Code >> Division 4. >> Part 1. >> Chapter 11. >> Article 2.
4411
. (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.