Louisiana Administrative Code
Title 40 - LABOR AND EMPLOYMENT
Part I - Workers' Compensation Administration
Subpart 1 - General Administration
Chapter 17 - Fiscal Responsibility Unit
Section I-1723 - Individual Self-Insurer-Application
Universal Citation: LA Admin Code I-1723
Current through Register Vol. 50, No. 9, September 20, 2024
A. Each employer desiring to become a self-insurer individually, as contemplated by Louisiana Statutes, shall make application to the office for such privilege on a form prescribed by the office, and this application shall be filed with the office at least 60 days prior to the desired effective date. The application shall contain answers to all questions propounded and shall be under oath.
B. Before considering the application, the office will require:
1. financial statement
of a current date showing a net worth of not less than $750,000 and a current
ratio of more than 1.5 to 1 and a working capital of an amount establishing
strength and liquidity of the business to pay normal compensation promptly. A
surety bond as provided in
§1725 shall be
considered to be part of the net worth of the employer. However, companies
qualified to be self-insured prior to the implementation of these rules who do
not meet the requirement of a net worth of $750,000 may nonetheless qualify for
continued certification upon a showing that they meet all other requirements of
these rules and that they have been continually operating as an approved
self-insurer. The requirement for more than 1.5 to 1 current ratio may be
waived in the case of a public utility or in those instances where generally
recognized accounting principles peculiar to a particular industry make this
requirement unreasonable. In no event shall the net worth be less than three
times the annual loss fund, or in the event that aggregate excess insurance is
not maintained, then the net worth shall be at least three times the
self-insurer's annual standard premium. Financial statements dated six months
or more prior to the date of application must be accompanied by an affidavit
stating that there has been no material lessening of net worth nor significant
deterioration of current ratio since the date of the statement;
2. an employer going through or recently
acquired through a highly leveraged buyout is not eligible to self-insure until
the company has a well established and acceptable financial capacity. Judgment
of the company's financial capacity will be based upon financial ratio
analysis. This type of company must operate on an insured basis until the
financial status is fully known;
3.
in considering the financial strength and liquidity of the business to pay
normal compensation claims, the office will take into consideration contracts
or policies of excess insurance in accordance with §1711;
4. the determination of a company's financial
strength will also be based upon a financial ratio analysis and the trends in
operating and net income. A number of successive years operating net losses
experienced by a company may cause the Office of Workers' Compensation to deem
that company unable to assume the responsibility of self-insuring;
5. in addition, a company must have been in
business for at least three years unless it is part of an established operation
that is able to guarantee the financial stability of the concern;
6. each employer shall execute and file with
the office an agreement, which shall be part of his application, whereby he
agrees:
a. to fully discharge by cash payment
all amounts required to be paid by the provisions of the Act; and
b. to deposit with the office acceptable
securities or corporate surety bond to secure guarantee of payment of
compensation liabilities;
7. each Individual self-insurer shall satisfy
the office that it has complied with the provisions of
§1713.
A before approval for self-insurer status may
be granted by the office. In addition, the office may require periodic proof
that the self-insurer is complying with these standards on a continuing
basis;
8. the application for the
privilege or the renewal of the privilege of being a self-insurer shall be
accompanied by a remittance in the amount of $100, payable to the Office of
Workers' Compensation. This fee will not be refunded, regardless of the
disposition of the application;
9.
an investigation and study of the financial and other capabilities of the
individual applicant to meet its obligation under the Act will be conducted by
the self-insurer department of the office. The administrator of the
self-insurer department of the office will submit an evaluation report to the
office, after which formal approval for self-insurer status may be granted by
the office.
AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1168.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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