ABC's of ISIF

A - Assessment of Liability
B - Benefits
C - Calculation of Apportionment under Carey

A - Assessment of Claims Potential Libility to ISIF

IS there ISIF liability?

Only in claims alleging total and permanent disability.

If the claim meets these four essential elements

If a pre-existing condition has permanent physical impairment.
If the pre-existing condition was manifest.
If there was a hindrance and obstacle to employment
If the pre-existing condition "combines with" the last injury (second injury) to cause total and permanent disability.

B - Benefits

Statutory benefits are monthly lifetime payments based on minimum/maximum or date of accident, i.e. 45%, 60%, or 67% ASWW for the year of benefit.

The Fund can also be settled by lump sum payment, lump sum payments plus monthly benefits in an amount and for a time frame negotiated, or a structured settlement.

Payment of benefits are only to claimants.

Regardless of terms, of settlement with ISIF, the claimant is precluded from a second settlement, regardless of a subsequent injury.

C - Calculation of Apportionment under Carey

Carey formula:

Medical		Non-medical
20% Impairment, new		46.6%
10% Impairment, pre		23.4%
30%	+	70% = 100%

20/30 x 70/1 + 20 =
140/30 + 20
46.6 + 20 = 66.7

66.7 x 500 weeks = 333.5 weeks

Beginning with the date of medical stability, the employer pays 55% ASWW for the year of injury for 333.5 weeks. During this 333.5 weeks, the ISIF pays the difference (differential) of 55% ASWW for the year of injury and the rate of benefit (45%, 60%, 67%) for the year of benefit. At the conclusion of 333.5 weeks, the ISIF pays the statutory rate (45%, 60%, 67%) for the year of benefit and continuing for the life of the claimant.