§ 11751.8. — 11751.8. (Amended by Stats. 1997, Ch. 748, Sec. 3.)

California § 11751.8.

• Jurisdiction: California
• Code INS: Insurance Code - INS
• Div. 2.: DIVISION 2. CLASSES OF INSURANCE
• Part 3.: PART 3. LIABILITY, WORKERS' COMPENSATION, AND COMMON CARRIER LIABILITY INSURANCE
• Ch. 3.: CHAPTER 3. Regulation of Business of Workers’ Compensation Insurance
• Art. 3.: ARTICLE 3. Rating and Other Organizations

Text

An insurer shall report to its rating organization as corrections or revisions of losses, pursuant to the unit statistical plan and uniform experience rating plans approved by the commissioner, if any of the following is applicable:
(a)
A loss record detail was incorrectly reported through mistake other than error of judgment.
(b)
One or more claims are declared noncompensable. A claim is declared noncompensable if any of the following applies:
(1)
There is an official ruling specifically holding that a claimant is not entitled to benefits under the workers’ compensation laws of the state, even though the claimant may have been awarded reimbursement for expenses incurred by the claimant in presenting the case.
(2)
No claim was filed during the period of limitation provided by the workers’ compensation laws for the filing of the claim, and the carrier, therefore, closes the claim.
(3)
Where the carrier contends, prior to the valuation date, that a claimant is not entitled to benefits under the workers’ compensation laws and the claim is officially closed because of the claimant’s failure to prosecute the claim.
(c)
The carrier has recovered in an action against a third party.
(d)
A death claim has been compromised over the sole issue of the applicability of the workers’ compensation laws of the state.
(e)
The exposure has been reassigned to another classification through the revision of an audit, in which case the insurer shall file with the revision of exposure a revision of losses that will reassign all claims to the appropriate classification.
(f)
A clerical error in either the classification assignment or the type of injury assignment of a given claim, or a group of claims, has been discovered by the insurer.
(g)
A clerical error in either the classification assignment or the type of injury assignment of a given claim has been discovered by the rating organization. The insurer shall, when notified by the rating organization, file a revision of losses or make satisfactory explanation.
(h)
A correction is made in a classification assignment of a given claim, or a group of claims, as a result of the organization test audit of an insured for which the experience has been submitted.
(i)
The claim has been determined to be a joint coverage claim in accordance with the unit statistical plan approved by the commissioner.

Legislative History

Amended by Stats. 1997, Ch. 748, Sec. 3. Effective January 1, 1998.