Fund for Reopened Cases.

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§ 51. Fund for reopened cases. 1. The provisions of section twenty-five-a of the workers' compensation law shall be applicable as fully as if set forth in this chapter, except that, other than with respect to the annual assessment under such section twenty-five-a, payments to an executor or administrator of the estate of a volunteer firefighter pursuant to subdivision two of section seven of this chapter shall not constitute payment of benefits for the purpose of determining the amount of the payment to the fund for reopened cases. Benefits paid to volunteer firefighters and other persons entitled to benefits under this chapter from the fund for reopened cases shall be in accordance with the provisions of this chapter.

2. The insurance carrier or entity responsible for payment of benefits paying such benefit increase shall claim for such benefit increase reimbursement from the special fund for reopened cases commencing one year from the date of the first such payment and annually thereafter while such payments continue, on a form prescribed by the chair.

3. The insurance carrier or entity responsible for paying the benefit increase provided in the chapter of two thousand five that added this subdivision shall claim for such benefit increase reimbursement from the special fund for reopened cases commencing one year from the date of the first such payment and annually thereafter while such payments continue, on a form prescribed by the chair.

4. The insurance carrier or entity responsible for paying the benefit increase provided in the chapter of two thousand six that added this subdivision shall claim for such benefit increase reimbursement from the special fund for reopened cases commencing one year from the date of the first such payment and annually thereafter while such payments continue, on a form prescribed by the chair.

5. All carriers shall pay benefits in conformance with rates set forth in section eight of this chapter without awaiting modification by the board of any prior inconsistent award.



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