§ 8-67-107 — Powers of the board - rules

(1) The board has the following
powers and duties:

(a) To establish standards and criteria for payment of benefits from the fund;

(b) To set minimum and maximum benefit rates; except that benefits paid by
the fund shall not exceed the maximum allowed under articles 40 to 47 of this title
8 or set forth by order of the director. Minimum benefit rates shall be at the level
required by articles 40 to 47 of this title 8 unless the fund lacks sufficient money as
determined by the board. If benefits are paid below the amount mandated by
articles 40 to 47 of this title 8, benefits shall be prioritized and paid as follows:

(I) Medical benefits;

(II) Funeral benefits;

(III) Temporary disability;

(IV) Death benefits;

(V) Permanent total disability;

(VI) Permanent partial disability;

(VII) Disfigurement.

(c) To adjust claims, which may be performed by contracting with any
appropriate entities designated as third-party administrators. Designation of a
third-party administrator is subject to the approval of the director.

(d) To pay the expenses of the board as authorized by this section;

(e) To disseminate information regarding the fund;

(f) To adopt rules as necessary to carry out the purposes of this article 67,
including rules regarding admission to the fund and payment of benefits in order to
ensure the financial stability of the fund;

(g) To investigate claims brought for benefits and to adjust, compromise,
settle, and pay covered claims to the extent permitted by statute and rule; to deny
payment of benefits from the fund of all other claims and to review settlements,
releases, and final orders to which the uninsured employer and injured worker were
parties; and to determine the extent to which such settlements, releases, and
orders may effect eligibility for benefits.

(2) The board may:

(a) Employ or retain persons as necessary to handle claims and perform
other duties of the board;

(b) Intervene as a party before any court or administrative tribunal in this
state that has jurisdiction over an uninsured employer or other party potentially
responsible for payment of benefits;

(c) Negotiate and become a party to contracts as necessary to carry out the
purposes of this article 67;

(d) Perform other acts necessary or proper to effectuate the purposes of this
article 67;

(e) Purchase or otherwise obtain insurance and reinsurance policies to limit
the liability of the fund for payment of benefits under this article 67; and

(f) Deny entry to the fund or payment of benefits if the underlying claim
appears to be premised on fraudulent activity.

Legislative History

Source: L. 2017: Entire article added, (HB 17-1119), ch. 317, p. 1700, � 1, effective July 1.