New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 17 - WORKERS' COMPENSATION INSURANCE › Part 5 - CLASSIFICATION AND RATING FOR EMPLOYERS AND LEASING CONTRACTORS › Section 13.17.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Assigned
				risk pool
or
pool"
means the workers' compensation
				insurance assigned risk facility established by Chapter 59A, Article 33 NMSA
				1978.
B.
"Client"
means an employer which obtains workers through an employee leasing
				arrangement.
C.
"Employee
				leasing arrangement"
means any arrangement whereby an employer contracts
				with a leasing contractor to provide all or some of the employer's workers;
				provided, that the term does not include the provision of temporary
				workers.
D.
"Employer"
means any person or entity, including a leasing contractor and a client, as
				defined in, or having the right to control workers within the meaning of case
				precedents applicable to, the Workers' Compensation Act (Chapter 52, Article 1
				NMSA 1978) or the New Mexico Occupational Disease Disablement Law (Chapter 52,
				Article 3 NMSA 1978).
E.
"Leased worker"
means a worker provided to a client through an
				employee leasing arrangement; provided that, if a worker has been previously
				employed by the client prior to working for a leasing contractor, it shall be
				presumed that the worker is a leased worker, not a temporary worker; and
				further provided that, if a worker works and should be classified in any
				construction class, or in any oil and gas well-service or drilling class, the
				worker shall be presumed to be a leased worker.
F.
"Leasing contractor"
means
				any person or entity which provides all or any part of a client's New Mexico
				workers through an employee leasing arrangement.
G.
"Premium subject to dispute"
means premium for a workers' compensation policy as to which the insured has
				provided a written notice of dispute to the insurer or servicing carrier, and
				has filed a written request for pending administrative review or has initiated
				pending litigation. To qualify as premium subject to dispute, the insured must
				have identified and detailed specific areas of dispute, have provided a
				reasonable estimate of the premium believed to be correct, and have paid the
				amount of such undisputed premium in full.
H.
"Rating based upon
				experience"
includes any workers' compensation premium rating plan which
				provides for premium adjustments based upon an insured's loss experience under
				a workers' compensation insurance policy, including but not limited to any
				approved experience rating plan and the assigned risk adjustment program
				(ARAP).
I.
"Subterfuge"
means any artifice, trick, device, misrepresentation
				or concealment, whether committed knowingly or negligently, including but not
				limited to:
(1) providing false or misleading
				information to an insurer, its agent, a rating bureau or the assigned risk
				pool;
(2) failing or refusing to
				make full disclosure to an insurer, its agent, a rating bureau or the pool of
				an employer's, client's or leasing contractor's true ownership, change of
				ownership, or current or previous employee leasing arrangements;
(3) failing or refusing to make full
				disclosure of any employer's, client's or leasing contractor's operations,
				location, payrolls, worker's compensation loss experience, experience
				modifiers, worker classifications or other necessary rating
				information;
(4) failing or
				refusing to disclose the existence of more than one policy covering an
				employer's, client's or leasing contractor's workers; or
(5) failing or refusing to disclose the
				identity of all former insurers and self-insurance plans providing workers
				compensation coverage to an employer's, client's or leasing contractor's
				workers, including but not limited to workers provided to any client through an
				employee leasing arrangement.