Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 115.00 - Requirements applicable to workers' compensation insurance deductible plans › Section 115.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
				211 CMR 115.00 the following
				words shall mean:
ARAP
. Any premium produced by the All
				Risk Adjustment Program as defined in the Massachusetts Exceptions to the
				Experience Rating Plan Manual for Workers' Compensation and Employers'
				Liability Insurance published by the National Council of Compensation Insurers,
				or any similar workers' compensation rating program approved by the
				Commissioner.
Commissioner
. The Commissioner of
				Insurance appointed pursuant to M.G.L. c. 6, § 26, or his or her
				designee.
Deductibles
. That portion of paid
				workers' compensation benefits and associated expenses for which the Insured is
				liable to reimburse the Insurer under the terms of the policy. Deductibles
				shall apply to both indemnity and medical costs.
Division
. The Division of Insurance
				created pursuant to M.G.L. c. 26, § 1
Insured
. An employer who has
				contracted with an Insurer for the payment of the compensation required under
				the provisions of M.G.L. c. 152.
Insurer
. Any insurance company,
				reciprocal, self-insurance group, or interinsurance exchange authorized by the
				Division to pay the compensation provided for by M.G. L. c. 152, which has
				contracted with an Insured to pay such compensation.
Insurer
shall not include self-insurers licensed by
				the Department of Industrial Accidents pursuant to M.G.L. c. 152, § 25A,
				self-insurance groups established pursuant to the provisions of M.G. L. c. 152,
				§ 25E through 25U or entities only contracting to pay workers'
				compensation insurance in excess of compensation that will be paid to the
				Insured by another, primary Insurer or self-insurer.
Large Deductible Plan
. A workers'
				compensation policy with a per claim or per occurrence deductible of no less
				than $75,000.
LRARO
. The Large Risk Alternative
				Rating Option as defined in the Massachusetts Exceptions to Part One of the
				Retrospective Rating Plan Manual for Workers' Compensation and Employers'
				Liability Insurance published by the National Council of Compensation Insurers,
				or any similar workers' compensation rating program approved by the
				Commissioner.
Medium-sized Deductible Plan
. A
				workers' compensation policy with a per claim deductible of $2,000, $2,500, or
				$5,000.
Optional Deductible Plan
. A
				Medium-sized Deductible plan with a $5,000 per claim deductible or a Large
				Deductible Plan.
Pool
. The workers' compensation
				residual market pool identified in M.G.L. c. 152, § 65C.
Rating Bureau
. The Workers'
				Compensation Rating and Inspection Bureau of Massachusetts, or any successor
				entity licensed by the Commissioner as a rating organization pursuant to M.G.L.
				c. 152, § 52C.
Small Deductible Plan
. A workers'
				compensation policy with a per claim deductible of $500 or $1,000. Such Small
				Deductible Plan shall constitute a "reasonable small deductible" as set forth
				in M.G.L. c. 152, § 25A(4)(a).
Wrap-up
. A construction, erection or
				demolition project for which workers' compensation policies have been issued by
				one or more Insurers under the same management to insure two or more legal
				entities engaged in such a project, in which the entities insured are limited
				to the general contractor and subcontractors performing work under one or more
				contracts. Such projects shall be confined to operations at a single location,
				unless they involve roadways, tunnels, waterways or surface or underground
				conduits. Further, such projects shall be of definite duration and involve work
				to be performed continuously to completion.