judge , which is provided in addition to one or more of the
items listed in paragraphs (1), (2), (3), (4), (5) and (6) .
(C) LIMITATION ON WAGE LOSS PAYMENTS.--IF A JUDGE ACCEPTS
TESTIMONY AND FINDS IT TO BE CREDIBLE UNDER SUBSECTION (B)(7) AS
THE SOLE BASIS FOR DETERMINING WAGE LOSS PAYMENTS, WITHOUT
SUPPORTING EVIDENCE ESTABLISHED IN SUBSECTION (B)(1), (2), (3),
(4), (5) OR (6), THE WAGE LOSS PAYMENT RATE SHALL BE SIXTY-SIX
AND TWO-THIRDS PER CENTUM OF THE AVERAGE WEEKLY WAGE FOR THE
CLAIMANT'S OCCUPATION. THE JUDGE MAY REDUCE THE AVERAGE WEEKLY
WAGE LOSS PAYMENT UPON THE SUBMISSION OF EVIDENCE INDICATING A
LESSER WAGE AMOUNT OR BASED ON THE CLAIMANT'S LENGTH OF
EMPLOYMENT WITH THE EMPLOYER. FOR THE PURPOSES OF THIS
SUBSECTION, THE TERM "AVERAGE WEEKLY WAGE" IS THE AVERAGE WEEKLY
WAGE FOR THE CLAIMANT'S OCCUPATION BY METROPOLITAN STATISTICAL
AREA, AS DETERMINED BY THE UNITED STATES DEPARTMENT OF LABOR FOR
THE CALENDAR YEAR PRIOR TO THE YEAR IN WHICH THE CLAIMANT'S
INJURY OCCURRED, AND SHALL BE BASED ON THE METROPOLITAN
STATISTICAL AREA IN WHICH THE CLAIMANT'S INJURY OCCURRED.
Section 1605. Department.
(a) Insurance inquiry.--Within ten days of notice of a
claim, the fund shall demand from the employer proof of
applicable insurance coverage. Within 14 days from the date of
the fund's request, the employer must provide proof of
insurance. If the employer does not provide proof, there shall
be rebuttable presumption of uninsurance.
(b) Reimbursement.--The department shall, on behalf of the
fund, exhaust all remedies at law against the uninsured employer
in order to collect the amount of a voluntary payment or award,
including voluntary payment or award itself and reimbursement of
costs, interest, penalties, fees under section 440 and costs of
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