Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 43 - WORKERS'COMPENSATION INSURANCE RATING SYSTEM AND AUDIT PROCEDURES › Section 836-043-0210 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in; OAR 836-043-0200  to 836-043-0240, unless the
				context requires otherwise:
(1)
			 "Aggrieved Person" means any person adversely affected by application of a
			 rating system or by any decision of the Committee.
(2) "Classification" means a grouping of
			 insurance risks according to a classification system used by an
			 insurer.
(3) "Classification
			 System" means a schedule of classifications and a rule or set of rules used by
			 an insurer for determining the classification applicable to an
			 insured.
(4) "Committee" means the
			 Oregon Workers' Compensation Rating System Review and Advisory Committee
			 established by OAR 836-043-0200  to 836-043-0240.
(5) "Experience Rating" means modification of
			 workers' compensation insurance premium according to the
Experience
			 Rating Plan Manual
of the National Council on Compensation Insurance
			 filed with the Director.
(6)
			 "Hearing" or "Hearings" means an informal and reasonable means whereby any
			 person aggrieved by the application of NCCI's rating system or an authorized
			 representative of the person may be heard by the Oregon Workers' Compensation
			 Rating System Review and Advisory Committee to review the manner in which such
			 rating system has been applied in connection with the insurance afforded the
			 person. This hearing does not constitute a contested case hearing within the
			 meaning of ORS 183.310.
(7) "Insured" means an employer who has been
			 issued a workers' compensation insurance policy by an insurer. An insured may
			 designate, in writing, a representative to present their appeal before the
			 Committee. The Small Business Ombudsman of the Department of Insurance and
			 Finance may be a representative.
(8) "Insurer" means any insurer authorized to
			 transact workers' compensation insurance and includes the State Accident
			 Insurance Fund Corporation.
(9)
			 "Member" means a member of the Oregon Workers' Compensation Rating System
			 Review and Advisory Committee of the Director of the Department of Insurance
			 and Finance.
(10) "National
			 Council on Compensation Insurance" or "NCCI" is the rating organization that
			 has been licensed by the Director for workers' compensation insurance, of which
			 organization authorized workers' compensation insurers must be members pursuant
			 to ORS 737.560.
(11) "Northwestern Division" or "NWD" is a
			 branch of the National Council on Compensation Insurance providing related
			 services for Oregon.
(12) "Premium"
			 means the contractual consideration charged to an insured for insurance for a
			 specific period of time regardless of the timing of actual charges.
(13) "Rate" means a monetary amount applied
			 to the units of exposure basis assigned to a classification and used by an
			 insurer to determine the premium for an insured, prior to any adjustment or
			 adjustments resulting from the application of any rating plan.
(14) "Rating Plan" means a rule or set of
			 rules used by an insurer to calculate premium for an insured, and the parameter
			 values used in such calculation, after application of classification premium
			 rates to units of exposure.
(15)
			 "Rating System" means a collection of rating plans to be used by an insurer,
			 rules for determining which rating plans are applicable to an insured, a
			 classification system and other rules used by an insurer for determining
			 contractual consideration for an insured.
(16) "Retrospective Rating" means a method of
			 adjustment of workers' compensation insurance premium according to the
			 insurer's rating plan for the policy of an insured based on losses incurred
			 during the period covered by the policy.
(17) "Workers' Compensation Insurance" means
			 insurance providing an employer coverage from the obligations of an employer
			 arising from illness or injury to workers whether such obligation is imposed by
			 ORS Chapter 656 of this state, similar laws of the United States, or agreements
			 between states.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  731.244, ORS
				  737.310(13)
				  & ORS 737.526(1)
Stats. Implemented: ORS
				  737.310(13)
				  & ORS 737.526