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Board Rule 385 Participant Filing For Relief Under The Federal Bankruptcy Act

(a)  Within 30 days of the occurrence of filing for relief under the Federal Bankruptcy Act or against whom bankruptcy proceedings are filed or for whom a receiver is appointed, the participant shall file a written notice with the Board and the Board of trustees.

(b)  Any person filing an application for adjustment of a claim against a participant who has filed for relief under the Federal Bankruptcy Act, or against whom bankruptcy proceedings have been filed or a receiver appointed must file a written notice with the Board and the Board of trustees within 30 days of such person’s knowledge.

(c)  Upon receipt of any notice as provided in subsections (a) and (b) of this Code Section, the Board of trustees shall refer for investigation all facts, circumstances, and information in its possession to a properly designated authorized certified public accountant for determination of the question of insolvency according to generally accepted accounting principles.  Upon receipt of the notice referenced herein, a participant shall be required to execute a release of any and all financial information, banking records, books of account, tax returns or other records determined by the Board of trustees to be necessary in making a determination of insolvency and the participant shall assist in the production of said information when requested to do so by the Board of trustees.

(d)  When a participant is determined to be an insolvent self-insurer, the Board of trustees is empowered and shall assume on behalf of the participant the following:

(1)  Outstanding workers’ compensation obligations excluding penalties, fines and claimant’s attorney fees assessed pursuant to § 34-9-108(b).

(2)  Responsibility for taking necessary steps to collect, recover, and enforce all outstanding securities, indemnity, insurance, or bonds for the purpose of paying outstanding obligations of participants.

(3)  Refunding any funds remaining from such securities to the appropriate party one year from the date of final payment, provided no liabilities remain against the Fund.

(e)  The Board of trustees shall be a party in interest in all proceedings in the payment of workers’ compensation claims for a participant and shall be subrogated to the rights of the participant.  The Board of trustees may exercise all rights and defenses of the participant including:

(1)  Appear, defend and appeal claims.

(2)  Receive notice of, investigate, adjust, compromise, settle and pay claims.

(3)  Investigate, handle and controvert claims.

(f)  Should payment of benefits be stayed in bankruptcy court, the Board of trustees or a designated representative shall appear in the bankruptcy court and move to lift the stay.

(g)  The Board of trustees shall notify all employees with pending claims of the name, address and telephone number of the party administering and defending against their claim.

(h)  The Board has the discretion to direct the Fund to pay, in whole or in part, the contractual fee arrangement between an attorney and a claimant pursuant to § 34-9-108(a). The attorney must apply to the Board and provide notice to the employee with a pending claim. Any party may make an objection to the application and all objections will be considered by the Board.

(i)  This code section shall not impair any claims, to the extent those claims are unpaid, in the insolvent self-insurer’s bankruptcy which have been filed by a provider of services.  Provider of services includes, but is not limited to, medical providers or the attorneys representing the insolvent self-insurer or the claimant, if the services provided are related to the insolvent self-insurer’s workers’ compensation obligations.

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