Assessment -- Compensation abated or not awarded; death without dependent

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    (a)    This section does not apply to an award against the Subsequent Injury Fund.

    (b)    The Commission shall impose an assessment of 10%, not exceeding $4,500, against compensation awarded or likely to be awarded against an insured or self-insured employer and not paid if the Commission determines that the compensation is not awarded or is abated because of:

        (1)    death; or

        (2)    lack of a covered employee or a dependent of a covered employee eligible for the compensation.

    (c)    On expiration of the time period within which a claim may be filed under this title, the Commission shall assess the insurer or self-insured employer $4,500 if a covered employee dies:

        (1)    due to an accidental personal injury or occupational disease; and

        (2)    without any surviving dependent.

    (d)    The Commission shall direct payment of an assessment under subsection (b) or (c) of this section into the Fund.


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