02-031-770 Me. Code R. § 4

Current through 2024-46, November 13, 2024
Section 031-770-4 - Requirements
A. Every insurer which issues a workers' compensation insurance policy to a professional hockey team shall reduce the premium for that policy as required by law and as further defined in this Rule to reflect the team's contractual obligations, pursuant to either one or more collective bargaining agreements or individual player contracts or both, to continue salary and medical benefits during the course of any injury.
B. Any professional hockey team which seeks to have its workers' compensation insurance premium adjusted pursuant to this Rule, shall provide a copy of any and all contracts containing obligations which justify workers' compensation premium reductions to the insurer at such times as the insurer may reasonably require to ascertain the existence and terms of continuing obligations. The final audited premium applicable to the team for each policy period shall reflect the obligations of the insurer.
C. Upon the receipt of the contracts referred to in subsection B above, the insurer or the applicable advisory organization, if any, shall calculate a premium reduction reasonably commensurate with the reduction in exposure on the policy. Insurers and advisory organizations shall assume for purposes of this calculation that insurers are not responsible for salary continuation and medical benefits which the employer is contractually obligated to provide to players during the course of any injury even if the employer defaults on its obligations. The premium reduction so calculated shall be applied to the policy. If the employer should default on its contractual salary continuation and medical obligations to injured workers, however, the insurer shall remain responsible for the provision of all benefits to injured employees required pursuant to Title 39-A M.R.S.A.
D. Every insurer which is required to reduce the workers' compensation insurance premium of a professional hockey team to reflect the team's contractual obligations to players for salary continuation and medical benefits in the event of an injury may endorse its workers' compensation insurance policy issued to the team to exclude coverage for those obligations assumed by the team in support of the premium reduction to the extent those obligations are actually met by the team.
E. As an alternative to the procedures set forth in subsections C and D, above, and to the extent it is permitted by the contractual obligations of the team to its players, an insurer and a professional hockey team may agree that benefits otherwise payable to injured players pursuant to the Maine Workers' Compensation Act shall be paid by the insurer irrespective of other contractual obligations which the team may have to the players. In this case, the insurer shall maintain a right of subrogation against the team with respect to benefits which it has paid and which would otherwise be payable by the team to injured players pursuant to contractual obligations. The insurer shall employ a retrospective rating plan which reasonably reflects the insurer's ability to recover funds through subrogation.
F. An insurer need not adjust the workers' compensation insurance premium of any professional hockey team whose contractual obligations do not require it to provide salary continuation or medical benefits to players with respect to work related injuries.
G. A professional hockey team is not entitled to a workers' compensation insurance premium adjustment otherwise contemplated by this Rule for any time period when the contract or contracts offered in support of a premium adjustment are not in effect.
H. Nothing in this Rule requires an insurer to ascertain the solvency of any professional hockey team or its ability to meet any contractual obligation which the team may have to a player or players.

02-031 C.M.R. ch. 770, § 4