involve cardiovascular, lung, cancer or diabetic conditions. Second, death cases differ in the sequence of payment. In death cases, the Fund is not entirely responsible for continuing benefits as it is in permanent total disability cases. Both the employer/insurer and the Fund pay their portion of the death benefit in a pro rata fashion. Death cases are also treated differently in that there is no minimum percentage necessary for the Fund to become liable as there is in disability cases. If the pre-existing impairment is found to contribute only 5% to the death, the Fund pays 5% of the death benefit. VI. PAYMENT OF SUBSEQUENT INJURY FUND AWARDS Several elements are involved when the Fund is ordered to pay in a claim: ● Order of payment. Generally, the employer/insurer pays first and then the Fund pays after the employer/insurer is finished paying. ● Timing of payment. An advance or early payout by the employer/insurer cannot be used to accelerate or advance Fund payments. The employer/insurer may have to continue paying a Claimant beyond what is owed in situations where they unilaterally advance payment. There are only two times that Fund payments may be accelerated: 1) In Permanent Total Disability (PTD) cases where the employer/insurer pays the total amount it owes at the higher PTD rate rather than at the second-tier or Serious Disability rate, the Fund’s start date moves forward. 2) If the Fund must pay a Claimant’s attorney and other fees, those payments may occur well before other Fund payments begin. ● Payment rate. The Fund does not pay at the Serious Disability rate or pay the extra
one-third weeks that accompany a Serious Disability finding. [*Bonus tip for Claimants’ attorneys: This means that a 75% disability award split 50% due to the accidental injury and 25% due to pre -existing disability may be worth much more
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