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      RS 23:1392     


§1392.  Definitions

As used in this Part, the following terms have the meaning ascribed to them in this Section, unless the context clearly indicates otherwise:

(1)  "Accepted risk" means an employer, other than one eligible for a preferred risk policy, who in good faith attempts to procure or retain workers' compensation insurance but is unable to do so through ordinary methods in the voluntary market from an admitted insurer with a minimum "A-" A.M. Best rating.  The term also includes any legal entities that may be combined for experience rating purposes according to the rules of the commissioner of insurance.

(2)  "Board" means the board of directors of the corporation.

(3)  "Corporation" means the Louisiana Workers' Compensation Corporation.

(4)  "Good faith" means honesty in fact in any conduct of a transaction.

(5)  "Health care provider" means an individual or entity as defined in R.S. 23:1021.

(6)  "Manager" means the person appointed to the position of manager by the board.

(7)  "Policyholder" means a natural or artificial person named as the insured in a current policy issued by the corporation.

(8)  "Preferred risk" is an employer who is a Louisiana resident, partnership, or corporation domiciled in this state whose workers' compensation insurance policy meets either of the following conditions:

(a)  The prospective annual premium is less than five thousand dollars during the succeeding twelve months; the governing classifications of the policy would be in hazard group I, II, or III, as determined in retrospective rating plans approved by the commissioner of insurance; and the employer can demonstrate that its loss ratio has not exceeded seventy-hundredths during the most recent three policy years.

(b)  A preferred risk is an employer who has an experience modifier of less than one and meets all other underwriting criteria established by the board.

(9)  "Profit" means income including premiums earned, investment income, and fees less expenses including claims paid and reserved, claims incurred but not reported, loss adjusting expenses, administrative and production costs, and any other expenses.

(10)  "Servicing carrier or contractor or vendor" means an insurer or other entity which contracts with the board to provide a service to the corporation.

(11)  "Workers' compensation insurance" means insurance to cover job-related injuries, attendant medical and indemnity benefits and employer's liability insurance, and coverage under the United States Longshore and Harbor Worker's Compensation Act.

Acts 1991, No. 814, §1; eff. Nov.  20, 1991; Acts 1992, No. 374, §1; Acts 1999, No. 1256, §1, eff. July 12, 1999; Acts 2007, No. 459, §4, eff. Jan. 1, 2008; Acts 2008, No. 220, §8, eff. June 14, 2008.

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