R 408.46 Application for silicosis, dust disease, and logging industry compensation fund and second injury fund benefits.

Rule 16. (1) An application for reimbursement of benefits from the silicosis, dust disease and logging industry compensation fund and second injury fund must be made on form WC-112, or its electronic equivalent, and sent to the principal office of the funds administrator. (2) A carrier believing that reimbursement may be due from the second injury fund under section 372 of the act, MCL 418.372, shall immediately notify the fund of the potential claim. The fund may then conduct an investigation of the personal injury and must have reasonable time to schedule medical examinations. If an application is filed with the agency, then the carrier shall add the second injury fund and the fund shall have the same rights as any other party defendant. The magistrate shall enter an order determining the liability of the carrier and the fund. (3) If an employee files an application for a hearing under section 356(1) of the act, MCL 418.356, then the second injury fund is deemed a party in interest and must be named on the application filed by the employee or added by the carrier when it has knowledge that a claim is being filed under section 356(1) of the act, MCL 418.356. The fund shall have the same rights as a carrier in the proceedings. (4) Reimbursement pursuant to the second injury fund, dual employment provision must be made on a quarterly basis. Reimbursement payments from all other funds must be made periodically every 6 months.