Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 43 - WORKERS'COMPENSATION INSURANCE RATING SYSTEM AND AUDIT PROCEDURES › Section 836-043-0005 - Definitions for the Workers' Compensation Insurance Plan

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 836-043-0001  to 836-043-0091:
(1) "Affiliated insurer" or "affiliate" means
			 an insurer that directly, or indirectly through one or more intermediaries,
			 controls, or is controlled by, or is under common control with, another insurer
			 specified, and is required to participate in the Plan pursuant to OAR
			 836-043-0009. For purposes of this definition, "control" means possession,
			 direct or indirect, of the power to direct or cause the direction of the
			 management and policies of an insurer, whether through the ownership of voting
			 securities, by contract or otherwise. Control is deemed to exist if any person
			 or business enterprise, directly or indirectly, owns, controls, holds with the
			 power to vote, or holds proxies, representing ten percent or more of the voting
			 securities of any other insurer.
(2) "Application" means the form approved for
			 use in the assigned risk market by the Plan Administrator for the purpose of
			 securing workers compensation insurance under the Plan, which contains the
			 required information as described in NCCI's Assigned Risk Supplement to the
			 Basic Manual for Workers' Compensation and Employers Liability
			 Insurance.
(3) "Assigned risk
			 market" means a state insurance plan that provides employers unable to secure
			 coverage in the voluntary market with a means for insuring their operations
			 through a designated insurance carrier.
(4) "Assigned Carrier Performance Standards"
			 means the minimum level of performance for servicing carriers writing coverage
			 on behalf of the Plan. The purpose of the Assigned Carrier Performance
			 Standards is to provide policy issuance and service level requirements that
			 servicing carriers must adhere to in order to provide assigned risk market
			 policyholders with uniform service while reducing the overall loss
			 ratio.
(5) "Board" means the Board
			 of Directors or governing entity of the reinsurance organization selected by
			 the Director to implement the assigned risk plan under ORS
			 656.730.
(6) "Bona Fide Premium Dispute" means a
			 disagreement relating to a workers' compensation premium established under OAR
			 836-043-0071(1).
(7) "Client" means
			 any person to whom workers are provided under contract and for a fee on a
			 leased basis.
(8) "Common
			 management interest" means an interest that exists when one or more individuals
			 are or were owners or officers of, or performs or performed management
			 functions for, two or more entities, or for a succession of entities.
(9) "Employer" means any business
			 organization or enterprise that has a statutory right to maintain workers'
			 compensation insurance in Oregon. "Employer" includes:
(a) Any business organization or enterprise
			 that is affiliated at any time as a result of common management or ownership;
			 or
(b) A client business of a
			 worker leasing company as established in ORS
			 656.850.