« PreviousContinue »
employees and then only respecting any subcontractor who has furnished such proof.
I this employer is a corporation, the entire remuneration of the president, any vicepresident, secretary, treasurer, and other executive officers elected or appointed in accordance with the charter and by laws of such corporation shall be disclosed and premium shall be paid thereon, subject to a minimum individual remuneration of $30 per week, 11 the actual remuneration is less than such amount, and to a maximum indi. vidual remuneration of $100 per week, if the actual remuneration is greater than such amount. The remuneration so determined of each executive shall be assigned without division to the classification which is applicable to the actual operations in which such executive officer is primarily engaged, provided the remuneration so determined of each executive officer who performs such duties as are ordinarily undertaken by & superintendent, foreman or workman, or whose duties include direct charge of the actual performance of any operations of this employer, shall be assigned without division to the highest rated classification which is applicable to any such duties undertaken by such executive oficer for any part of his time.
If the premium as determined in accordance with the provisions of the policy is less than $300, there shall be added thereto an Expense Constant of $10, unless such addition shall increase the premium to an amount in excess of $300, in which event only such part of the Expense Constant shall be added as will bring the amount of the premium up to $300. Inclusion of the Expense Constant or any part thereof in the Estimated Advance Premium is subject to final adjustment upon audit, all in accordance with the provisions hereof. The Minimum Premium of the Policy includes the Expense Constant. 8 42.10 Other forms of endorsements
and policies. Where the form of endorsement prescribed by $ 42.9 is not appropriate when used in conjunction with a form of policy approved for use by the Bureau, no modification thereof shall be used unless specifically approved by the Bureau. Where the form of policy is designed to include therein the obligations of the insurer under said act without the use of the District of Columbia endorsement, the policy shall contain the provisions required to be included in the District of Columbia endorscment, as stated in said section. The policy may include the optional provisions authorized in said section. Such a policy, however, shall not be used until expressly approved by the Bureau.
& 42.11 Submission of new forms of
policies for approval; other endorse
ments. No new forms of policies or modification of existing forms of policies shall be used by an insurer authorized by the Bureau under the regulations in this subchapter to write insurance under said act except after submission to and approval by the Bureau. No endorsement altering any provisions of a policy approved by the Bureau shall be used except after submission to and approval by the Bureau. § 42.12 Term of policies.
A policy or contract of insurance shall be issued for the term of not less than 1 year from the date that it becomes effective, but if such insurance be not needed except for a particular contract or oper&tion, the term of the policy may be limited to the period of such contract or operation. 8 42.13 Notice of cancellation.
Cancellation of a contract or policy of insurance issued under authority of said act shall not become effective otherwise than as provided by section 36(b) of said act (44 Stat. 1442; 33 U.S.C. 936(b)); and notice of a proposed cancellation shall be given to the deputy commissioner and to the employer in accordance with the provisions of subdivision (c) of section 12 of said act (44 Stat. 1431; 33 U. S. C. 912 (c)) 30 days before such cancellation is intended to be effective. § 42.14 Discharge by the carrier of ob
ligations and duties of employer. Every obligation and duty in respect of payment of compensation, the providing of medical and other treatment and care, the payment or furnishing of any other benefit required by said law and in respect of the carrying out of the administrative procedure required or imposed by said law or the regulations of this subchapter upon an employer shall be discharged and carried out by the carrier except that the prescribed report of injury or death shall be sent by the employer to the deputy commissioner and to the insurance carrier as required by section 30 of said act (44 Stat. 1439; 33 U. S. C. 930). Such carrier shall be jointly responsible with the employer for the submission of all reports, notices, forms. and other administrative papers required by the deputy commissioner or the Bureau in the administration of said act to be submitted by the employer, but
any form of paper so submitted where “address.” The word "employer" should required therein shall contain in ad be about 34 of an inch from the top dition to the name and address of the margin. carrier, the full name and address of the (b) In case an employer having a genemployer on whose behalf it is sub eral insurance policy issued by one inmitted. Notice to or knowledge of an surance carrier desires to secure & employer of the occurrence of the injury separate insurance policy from another or death shall be notice to or knowledge insurance carrier limited to a particular of such carrier. Jurisdiction of the em job upon which such employer operates ployer by the deputy commissioner, the as a subcontractor, such separate policy Bureau, or any court under said law may be written and reported to the shall be jurisdiction of such carrier. Any deputy commissioner on the card report requirement by the deputy commissioner, provided for in this section; provided the Bureau, or any court under any the insurance carrier which reported compensation order, finding, or decision such general insurance policy shall subshall be binding upon such carrier in the mit to the deputy commissioner a supsame manner and to the same extent as plementary card report of the issuance upon the employer.
of such policy as required by the regula(Sec. 35, 44 Stat. 1441; 33 U. 8. C. 935.)
tions in this subchapter, upon which
shall be noted, in addition to the other 8 42.15 Report by carrier of issuance of information called for therein the policy or endorsement; form.
words "Exclusive of—(naming the par(a) The following prescribed card re ticular job in question)." The insurance port of the issuance of a policy of insur carrier providing such separate policy in ance under said law is authorized by the submitting to the deputy commissioner Eureau for use in reporting to the deputy
report of such policy on the report card commissioner the issuance of such a
provided for in this section shall note policy, so as to make unnecessary the
thereon, in addition, to the other inforpresentation of such policy by an em
mation called for therein, the words ployer, as required by $ 42.17. The report
"Limited to (naming the particular job shall be made upon a printed card to be
in question.)". The submission to the provided by such carrier. Such card
deputy commissioner and acceptance by shall be 50 percent rag, white, light
him of such card report, by the insurance weight, and 3 by 5 inches. The printing
carrier issuing the general insurance thereon shall be as follows:
policy, of the exclusion of the particular
job shall serve to relieve the insurance Employer
carrier issuing such general insurance Address
policy from liability in respect of em
ployees covered by such separate policy Policy No. Coverage dates
only if and when the notice of the sepReport is made of this issue of approved form of policy and endorsement under the
arate policy so limited shall have been District of Columbia Workmen's Compensa
received and accepted by the deputy tion Act.
commissioner in accordance with the
provisions of the regulations in this Insurance Co.
$ 42.16 Report; by whom sent. Date
The report of issuance of a policy and This card to be sent to the Deputy Com
endorsement provided for in § 42.15 shall missioner for the District of Columbia, Bu
be sent by the home office of the carrier, reau of Employees' Compensation, Federal Security Agency, Washington, D. O.
except that any carrier may authorize
its agency in the District of Columbia Each such carrier will print its name to make such reports to the deputy comat the place indicated. The note at the missioner, provided the carrier shall 10bottom designating the place to which tify the deputy commissioner of the the card shall be sent should be in small agency or agencies so duly authorized. type, about 6 point, and if desired this designation may be printed on the back
Agreement to be bound by card of the card. The space below the word
report. "employer” should be sufficient to allow (a) Each employer (and not an two additional lines of typewriting and insurance carrier, insurance agent, or space should be left to allow two addi- broker) shall present to the deputy tional lines for typing below the word commissioner in the District of Co
lumbia the policy which he has procured in compliance with section 32 of said act (44 Stat. 1439; 33 U. S. C. 932). Any carrier so desiring may make unnecessary such presentation of such policy in any particular case by transmitting to the deputy commissioner the card report provided for by $ 42.15 and in so doing the carrier shall become liable for the payment of compensation and the providing of other benefits as provided by paragraph (b) of this section.
(b) Every applicant for authority to write insurance under the provisions of the said law or for the renewal of that authority shall be deemed to have included in its application an agreement that the acceptance by the deputy commissioner of a card report of the issuance of a policy of insurance, transmitted to him pursuant to $$ 42.15, 42.16, shall bind the carrier to full liability for the obligations under said law of the employer named in the said report, regardless of whether or not such policy has been in fact issued. Every certificate of authority to write insurance under said law as provided for by $ 42.6 shall be deemed to have been issued by the Bureau upon consideration of the agreement to become so bound. $ 42.18 Name of one employer only
shall be reported on one card. A separate report of the issuance of a policy and endorsement, provided for by $ 42.15, shall be made for each employer covered by a policy. If a policy is issued insuring more than one employer, a separate card report for each employer so covered shall be sent to the deputy commissioner, with the name of only one employer on each such report.
Sec. 48.7 Deposits of negotiable securities with
the Treasurer of the United States; authority to sell such securities; in
terest thereon. 43.8 Substitution and withdrawal of nego
tiable securities. 43.9 Increase or reduction in the amount of
indemnity bond or negotiable secu
rities. 48.10 Reports required of selt-insurers; ex
amination of accounts of self.
Insurers. 43.11 Period of authorization as self-insurer;
renewals. 43.12 Revocation of privilege of self-Insur
ance. AUTHORITY: The provisions of this Part 43 issued under sec. 39, 44 Stat. 1442, 45 Stat. 600; 33 U.S.C. 939, 36 D.C. Code 501, 502.
SOURCE: The provisions of this Part 48 contained in Regulations under the District of Columbia workmen's compensation law, May 31, 1938, unless otherwise noted. § 43.1 Employers who may be author
ized as self-insurers. The Bureau will consider for the granting of authority to secure by selfinsurance the payment of compensation under the District of Columbia workmen's compensation law (45 Stat. 600; 19 D.C. Code 11, 12) any employer who pursuant to the regulations in this subchapter furnishes to the Bureau proof satisfactory to it of his financial ability to pay such compensation directly. The following regulations in this subchapter require the deposit of security in the form either of an indemnity bond or negotiable securities (at the option of the employer) of a kind and in an amount determined by the Bureau, and prescribe the conditions under which such deposit shall be made. The term “self-insurer" as used in the regulations in this subchapter means any employer securing compensation in accordance with the provisions of section 32 (a) (2) of said law (44 Stat. 1439; 33 U. S. C. 932 (a) (2)) and the regulations in this subchapter. & 43.2 Application for authority to be
come a self-insurer; how filed; information to be submitted; other
requirements. Application for authority to become a self-insurer may be made by any employer desiring such privilege and shall be addressed to the Bureau and be made upon a form provided by the Bureau. Such application shall contain (a) a statement of the amount of employer's
PART 43—AUTHORIZATION OF
SELF-INSURERS Sec. 48.1 Employers who may be authorized as
sell-insurers. 482 Application for authority to becomo a
self-Insurer; how filled; information
to be submitted; other requirements. 13.3 Decision upon application of employer;
deposit of negotiable securities or
indemnity bond. 43.4 Filing of agreement and undertaking.
required. 48.6 Kinds of negotiable securities which
may be deposited; conditions of deposit; acceptance of deposits.
payroll for the preceding 12 months; (b) a statement of the average number of employees engaged in employments within the purview of said law for the preceding 12 months; (c) a statement of the number of injuries to such employees resulting in disability of more than 7 days duration, or in death, during each of 3 years next preceding the date of the application; (d) an itemized statement of the assets and liabilities of the emplover: (e) a description of the safety organization maintained by the employer for the prevention of injuries within his places of work; (f) a description of the facilities maintained or the arrangements made for the medical and hospital care of injured employees. The Bureau may in its discretion require the applicant to submit such further information or such evidence as the Bureau may deem necessary to have in order to enable it to give adequate consideration to such application. Such application shall be signed by the applicant over his typewritten name and if the applicant is not an individual, by the principal officer of the applicant duly authorized to make such application over his typewritten name and official designation and shall be sworn to by him. If the applicant is a corporation the corporate seal shall be affixed. The application shall be filed with the Bureau. The regulations in this part shall be binding upon each applicant hereunder and the applicant's consent to be bound by all requirements of
nents of the regulations in this part shall be deemed to be included in and a part of the application, as fully as though written therein. 8 43.3 Decision upon application of
employer; deposit of negotiable
securities or indemnity bond. The decision of the Bureau to grant an application of an employer for authority to pay compensation under said law as a self-insurer will be transmitted to the applicant on a form prescribed by the Bureau. Such grant shall be condi. tioned upon a deposit of security in the form of an indemnity bond or of negotiable securities in an amount fixed by the Bureau, and the execution and Aling of an agreement and undertaking in the form prescribed by the Bureau, as pro vided by $ 43.
8 43.4 Filing of agreement and under
taking. The applicant for the privilege of self-insurance shall as a condition precedent to receiving authorization to act as a self-insurer, execute and file with the Bureau an agreement and undertaking in a form prescribed and provided by the Bureau in which the applicant shall agree (a) to pay when due, as required by the provisions of said law, all compensation payable on account of injury or death of any of his employees injured within the purview of said law; (b) in such cases to furnish medical, surgical, hospital, and other attendance, treatment and care as required by the provisions of said law; (c) to deposit with the Bureau an indemnity bond in the amount which the Bureau shall fix, or to deposit negotiable securities as provided for by the regulations in this subchapter in the amount which the Bureau shall fix, accordingly as elected in the application; (d) to authorize the Bureau to sell such negotiable securities so deposited or any part thereof and from the proceeds thereof to pay such compensation, medical, and other expense and any accrued penalties imposed by law as it may find to be due and payable. $ 43.5 Decision upon application of em
ployer; furnishing of indemnity bond or deposit of negotiable securities
required. The applicant for the privilege of self-insurance, as a condition precedent to receiving authorization to act as a self-insurer, shall give security for the payment of compensation and the discharge of all other obligations under the said law, in the amount fixed by the Bureau, which may be in the form of an indemnity bond with sureties satisfactory to the Bureau, or of a deposit of negotiable securities as provided in the regulations in this part. The amount of such security so to be fixed and required by the Bureau shall be such as the Bureau shall deem to be necessary and suficient to secure the performance by the applicant of all obligations by the said law imposed upon him as an employer, but shall not be less than $15,000, if an indemnity bond is filed, or $10,000, if negotiable securities are deposited, in the case of any one employer. In fixing the amount of
such security the Bureau will take into account the financial standing of the employer, the nature of the work in which he is engaged, the hazard of the work in which the employees are employed, the pay-roll exposure, and the accident experience as shown in the application and the Bureau's records, and any other facts which it may deem pertinent. Additional security may be required at any time in the discretion of the Bureau. The indemnity bond which is required by the regulations in this part shall be in such form, and shall contain such provisions, as the Bureau may prescribe: Provided, That only corporations may act as sureties on such indemnity bonds. In each case in which the surety on any such bond is a surety company, such company must be one approved by the United States Treasury Department under the laws of the United States and the applicable rules and regulations governing bonding companies. (4 F.R. 1700, Apr. 27, 1989) 8 43.6 Kinds of negotiable securities
which may be deposited; conditions
of deposit; acceptance of deposits. An applicant for the privilege of selfinsurance electing to deposit negotiable securities to secure his obligations under said act in the amount fixed by the Bureau under the regulations in this subchapter shall deposit only the following kinds of securities under the following conditions:
(a) Coupon bonds, notes, and certificates of indebtedness of the United States Government, of any issue, including interim certificates or receipts for payments therefor; all at par.
(b) Coupon bonds issued under the United States Farm Loan Act, bonds of the War Finance Corporation, bonds of Puerto Rico, and bonds and certificates of indebtedness of the Philippine Islands; all at par.
(c) The 342 percent coupon bonds of the Territory of Hawaii at 90 percent of market value: and other coupon bonds of said Territory at market value.
(d) Coupon bonds of any State of the United States, at market value; and approved notes, certificates of indebtedness, and warrants issued by any State of the United States, at 90 percent of market value.
(e) Any negotiable securities acceptable as security for the deposit of public moneys of the United States under regu. lations issued by the Secretary of the Treasury.
(f) No security shall be valued at more than par. No bond, obligation, or evidence of indebtedness shall be accepted if the obligor therein has made default during the past 10 years in payment of principal or interest of any bond issued by it.
(g) The approval, valuation, acceptance, and custody of such securities are hereby committed to the Treasurer of the United States acting under the direction of the Secretary of the Treasury, when authorized by this Bureau under the regulations in this subchapter to receive deposits of such securities.
CROSS REFERENCE: For Treasury regulations relating to securities acceptable as security for the deposit of public moneys, see 31 CFR 203.7, 203.8. § 43.7 Deposits of negotiable securities
with the Treasurer of the United States; authority to sell such securi.
ties; interest thereon. Deposits of securities provided for by the regulations in this subchapter shall be made with the Treasurer of the United States and shall be held subject to the order of the Bureau with power in the Bureau, in its discretion in the event of default by the said self-insurer, to collect the interest and the principal as they may become due, to sell the securities or any of them as may be required to discharge the obligations of the self-insurer under said act and to apply the proceeds to the payment of any compensation or medical expense for which the self-insurer may be liable. The Bureau may, however, whenever it deems it unnecessary to resort to such securities for the payment of compensation, authorize the self-insurer to collect interest on the securities deposited by him. $ 43.8 Substitution and withdrawal of
negotiable securities. No substitution or withdrawal of negotiable securities deposited by a self-insurer shall be made except upon authori. zation by the Bureau. A self-insurer discontinuing business, or discontinuing operations within the purview of said