§222. Provisional payment of certain disability benefits
1. No delay of benefits. Payment of benefits due a person under an insured disability plan or insured medical payments plan may not be delayed or refused because that person has filed a workers' compensation claim based on the same personal injury or disease.
[PL 2001, c. 103, §1 (RPR).]
2. Repayment. If a person has received benefits, as described in subsection 1, because of a personal injury or disease and has later prevailed on a workers' compensation claim based on the same personal injury or disease, the value of all such benefits may be offset by the employer or respective insurance carriers against the payments of workers' compensation benefits, and, if the benefits are not offset, the person shall repay to the employer or insurer, within 30 days of receiving the initial payment of workers' compensation benefits, the value of all the benefits received under subsection 1.
[PL 2001, c. 103, §2 (AMD).]
3. Rules. The Superintendent of Insurance shall adopt rules to implement this section.
A. These rules must impose any requirements on employers or health, disability or workers' compensation insurance carriers that the superintendent finds necessary or desirable to ease the financial burden on injured employees whose workers' compensation claims are controverted and who are awaiting board determinations on their claims. [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
B. The superintendent shall consult with the executive director of the board in formulating and adopting these rules. [PL 2003, c. 608, §12 (AMD).]
[PL 2003, c. 608, §12 (AMD).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 2001, c. 103, §§1,2 (AMD). PL 2003, c. 608, §12 (AMD).
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