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

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

3. (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. (1) due to an accidental personal injury or occupational disease; and
   2. (2) without any surviving dependent.
4. (d) The Commission shall direct payment of an assessment under subsection (b) or (c) of this section into the Fund.

Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 1991, c. 21, § 5; Acts 1992, c. 22, § 1.

Formerly Art. 101, § 91.