CHAPTER 11. Asbestos Workers’ Account [4401. - 4418.]
Chapter 11 added by Stats. 1980, Ch. 1041.
§§ 4401–4418 · 21 sections
ARTICLE 1. General Provisions §§ 4401–4406 · 6 sections
- § 4401 It is the declared policy of the state that qualified injured workers with asbestosis which arises out of and occurs in the course of employment shall receive… see note
- § 4402 (a) “Asbestosis” means any pathology, whether or not combined with preexisting pathology, which results in disability or need for medical treatment from… see note
- § 4403 The Asbestos Workers’ Account is hereby created in the Uninsured Employers Fund in the State Treasury, and shall be administered by the Director of Industrial… see note
- § 4404 Insofar as not inconsistent with the provisions of this chapter, all of the provisions of this division shall pertain to asbestos workers and their dependents… see note
- § 4405 Where the conditions of compensation exist under this division the right to recover workers’ compensation asbestos workers’ benefits pursuant to the provisions… see note
- § 4406 (a) Payments as advances on workers’ compensation asbestos workers’ benefits shall be furnished an asbestos worker for injury resulting in asbestosis, or the… see note
ARTICLE 2. Benefits §§ 4407–4411 · 8 sections
- § 4407 When the account determines that the conditions in Section 4406 have occurred, payments as advances on workers’ compensation asbestos workers’ benefits shall… see note
- § 4407.3 For purposes of this chapter, the death benefit shall be paid in installments in the same manner and amounts as temporary disability indemnity. see note
- § 4407.5 Benefits provided by this chapter shall not be commuted into a lump-sum payment. see note
- § 4408 Prior to seeking compensation benefits under this chapter, the asbestos worker shall first make claim on the employer or its workers’ compensation insurance… see note
- § 4409 The Director of Industrial Relations, or his or her representative, shall assign investigative and claims adjustment services respecting matters concerning… see note
- § 4409.5 The administrative director shall appoint workers’ compensation judges and support staff who shall give priority to the processing of the claims of asbestos… see note
- § 4410 The administrative director shall appoint at least two information and assistance officers who shall give priority to assisting asbestos workers pursuant to… see note
- § 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… see note
ARTICLE 3. Collections §§ 4412–4418 · 7 sections
- § 4412 The Asbestos Workers’ Account shall take all reasonable and appropriate action to insure that recovery is made by the account for all moneys paid as… see note
- § 4413 No limitation of time provided by this division shall run against the Asbestos Workers’ Account to initiate proceedings before the Workers’ Compensation… see note
- § 4414 Immediately following the receipt of knowledge of initiation of proceedings before the Workers’ Compensation Appeals Board, or any other jurisdiction providing… see note
- § 4415 In any hearing or proceeding, the Director of Industrial Relations may use attorneys from within the department, or the Attorney General, to represent the… see note
- § 4416 Once an agreement as to the responsible employer is reached, or a decision is issued by the Workers’ Compensation Appeals Board and becomes final, the Asbestos… see note
- § 4417 Nothing in this chapter shall be construed to preclude the filing by an asbestos worker of a claim or suit for damages or indemnity against any person other… see note
- § 4418 The provisions of this chapter providing for the payment of workers’ compensation asbestos workers’ benefits from the Asbestos Workers’ Account shall be…