How Does the Multi Injury Trust Fund Work

[candyO]

Any info on how the multi injury trust works would be appreciated

[SH.]

in many states it's refered to as a second injury fund

"If an employee who is a "physically impaired person" receives an accidental personal injury compensable under the Workers' Compensation Act which results in additional permanent disability so that the degree of disability caused by the combination of both disabilities is materially greater than that which would have resulted from the subsequent injury alone, the employee shall receive compensation on the basis of the combined disabilities… . Provided the employer shall be liable only for the degree of percent of disability which would have resulted from the latter injury if there had been no preexisting impairment. After payments by the employer or his insurance carrier, if any, have ceased, the remainder of such compensation shall be paid out of the Fund..."

http://www.oscn.net/applications/osc...p?citeid=73201

I believe the State Insurance Fund managed the program. I don't know if they still do after they became Comp Source.

[candyO]

Thank You SH.

[eberhard]

Can you still receive a settlement and the multi injury trust fund in oklahoma
I had a rating of 50 percent on my back years ago and I' got hurt again and had neck fushion and another back fusion and a hernia and a broken eye socket so I pretty sure my rating altogether will be about 100 percent

[tony]

Can you still receive a settlement and the multi injury trust fund in oklahoma
I had a rating of 50 percent on my back years ago and I' got hurt again and had neck fushion and another back fusion and a hernia and a broken eye socket so I pretty sure my rating altogether will be about 100 percent

Yes!

Statutory Time Bars
The time limitations of 85 O.S. §43B apply to MITF cases, and bar recovery when a request for hearing and final determination occurs more than three years (or five years if last injury occurred before 7-1-2005) after the filing of the latest injury claim or after the last payment of compensation, whichever is later. Multiple Injury Trust Fund v. Wade, 2008 OK 15, 180 P.3d 1205.
Since payments of MITF benefits commence on the last date when a lump sum settlement of the last injury would have been paid if it had been paid weekly under Multiple Injury Trust Fund v. McGrary, supra, the statute of limitations does not commence to run until the date of such "equivalent weekly payment." Stenhouse v. MITF, 2008 OK CIV APP 67, 190 P.3d 1194.
http://www.workerscompensationok.com/law:mitf

Tony