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

Universal Citation: 211 MA Code of Regs 211.115
Current through Register 1531, September 27, 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.

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