(a) Each carrier and self-insured employer shall make, keep, and
preserve such records, and make such reports and provide such additional
information as the Director prescribes or orders, which he considers
necessary or appropriate to effectively carry out his responsibilities.
(b) Consistent with their greater direct liability stemming from the
amended assessment formula, employers and insurance carriers are given
the authority to monitor their claims in the special fund as outlined in
paragraph (c) of this section. For purposes of monitoring these claims,
employers and insurance carriers remain parties in interest to the claim
and are allowed access to all records relating to the
claim. Similarly, employers and insurance carriers can initiate
proceeding to modify an award of compensation after the special fund has
assumed the liability to pay benefits. It is intended that employers and
insurance carriers have neither a greater nor a lesser responsibility in
this new role that they not have with regard to cases that remain their
sole liability. (See Sec. 702.373(d).)
(c) An employer or insurance carrier may conduct any reasonable
investigation regarding cases placed into the special fund by the
employer or insurance carrier. Such investigation may include, but shall
not be limited to, a semi-annual request for earnings information
pursuant to section 8(j) of the Act, 33 U.S.C. 908(j) (See Sec. 702.285)
periodic medical examinations, vocational rehabilitation evaluations,
and requests for any additional information needed to effectively
monitor such a case.
(Approved by the Office of Management and Budget under control number
1215-0118)
(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))
[38 FR 26861, Sept. 26, 1973, as amended at 47 FR 145, Jan. 5, 1982; 50
FR 395, Jan. 3, 1985]
