1. Why aren't short term policies available through the FWCJUA?

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The FWCJUA Board of Governors has ruled that all exposures are to be rated on an annual basis with premiums collected accordingly.

2. Why doesn't the FWCJUA provide coverage for operations in additional states?

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Pursuant to Florida statute, the FWCJUA is only authorized to provide workers compensation and employers liability insurance in the state of Florida. Thus, the FWCJUA is unable to provide coverage for a Florida Employer's operations in another state. The FWCJUA does, however, provide limited other states coverage to Florida Employers who have temporary and incidental exposures in other states.

3. Will the FWCJUA provide an "if any" policy for an Employer who leases all of its employees?

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The FWCJUA will issue an "if any" policy for an eligible Employer who leases all of its employees only if the Employer's leasing company is also insured by the FWCJUA. If the Employer's leasing company is not insured by the FWCJUA, the FWCJUA will not issue the Employer an "if any" policy.

4. Assume an Employer owns a construction business and all of the construction work is done by subcontractors. If the Employer only has one employee who performs clerical work, why does the Employer's policy have to include a construction code, and why does the Employer have to pay the higher minimum premium for the construction code?

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In order to properly classify an Employer, the FWCJUA utilizes the one basic classification that best describes the business. In this instance, the business in question is not a clerical company, as a customer would not contact this company to have clerical work done. This company is a construction business, and whether or not the Employer uses employees or subcontractors to do the construction work, the construction code that describes the business must appear on the policy.

The FWCJUA's position is consistent with the classification system utilized in Florida. It is the business of the employer within Florida that is classified and not the separate employments, occupations or operations of individual employees within the business. Several reasons for this are:

a. A workers' compensation insurance policy agrees to pay all compensation and other benefits required of the insured by the workers compensation law. Although the injured worker is the beneficiary of the policy, it is the business which is actually insured.

b. Workers' compensation laws hold the employer responsible for compensation benefits to workers injured on the job without any regard to fault. The law places the liability with the employer, and the insurance contract, in consideration of payment of premium, obliges the insurer to pay all compensation-related costs established by law. Because the employer's liability is covered, employers are classified by the business undertaken rather than by the duties of individual workers.

In summary, a classification system based upon the business of the employer has the advantage of reflecting the liability which has been insured. The FWCJUA minimum premium rule requires that the one basic classification that best describes the business of the employer within Florida appear on the policy. This reflects the general liability that the FWCJUA is insuring. Regardless of whether an employer develops payroll under the one basic classification that best describes its business, a liability associated with the employer's line of business exists for the FWCJUA. Given that the FWCJUA is to be self-funded, it is reasonable for the FWCJUA to charge employers at a minimum for the liability exposure.

5. Why won't the FWCJUA provide a policy for any Employer that wants coverage for certain types of employments, such as professional athletic teams?

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The FWCJUA was established by the Florida Legislature to provide workers' compensation and employer's liability insurance to Employers who are required by law to maintain such insurance. Given that certain job services are specifically excluded from the definition of "employment" under the Florida Workers Compensation Law, the FWCJUA has determined that it is unable to offer coverage to such employments. A list of the types of employments not covered by the FWCJUA may be obtained by referring to the coverage section of either the FWCJUA website, http://www.fwcjua.com/, or the FWCJUA Operations Manual .

6. Why are the FWCJUA rates/surcharges higher than those utilized in the voluntary market?

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Generally, FWCJUA rates/surcharges are higher than those utilized in the voluntary market because the FWCJUA's experience is not expected to be as favorable as that of the voluntary market's. Unlike voluntary market Insurers, the FWCJUA may not be selective with regard to the Employers it insures. The FWCJUA must provide coverage to any eligible Employer regardless of the Employer's nature of operations, loss history, financial condition, business experience, size, etc.

7. What is an expense constant?

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The expense constant is a premium charge that applies to every policy. It covers expenses such as those for issuing, recording, and auditing, which are common to all workers compensation policies regardless of premium size.

8. Does an expense constant apply to a minimum premium policy?

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The expense constant is included in the minimum premium for each classification and shall not be added if the minimum premium becomes the final premium for the policy.

9. If the Employer's policy is cancelled prior to the expiration date, will the Flat Fee be pro-rated?

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No. The flat fee is fully earned upon commencement of coverage, therefore it shall not be pro-rated upon the cancellation of coverage.

10. If an Employer has a minimum premium policy that is canceled prior to the expiration date, is the published minimum premium fully earned?

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FWCJUA minimum premium policies that are canceled prior to the expiration date are subject to a pro-rata cancellation. Thus, the minimum premium may not be fully earned; however, the flat fee shall be fully earned.

11. Since the rates and minimum premiums are so high, what are an Employer's payment options?

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The advance premium for an Employer shall be at least 50% of the estimated annual premium or $1,000, whichever is greater. An Employer may chose to submit the minimum advance premium required. If so, the remaining balance is billed three (3) months, six (6) months and nine (9) months from the policy inception date.

12. What is the difference between the advance premium and the deposit premium?

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All Employers are required to submit an advance premium to secure or renew coverage. The advance premium paid by the Employer at application or renewal is either all or a portion of the total estimated annual premium.

The deposit premium is a true deposit that is required to be paid by certain Employer's in addition to the advance premium to secure or renew coverage. Employers who fall below a specified total estimated annual premium threshold and/or who have presented collection challenges for the FWCJUA are required to put deposits on their policies. At final audit, a deposit is applied to any earned premium due or to the renewal premium (not to the renewal deposit).

13. Are both an advance premium and a deposit premium required at every renewal?

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The advance premium is required at every renewal; however, the deposit premium may not be required at renewal. Provided less than 5% additional premium inclusive of surcharges develops for the first policy year and through the second consecutive policy year and said additional premium is timely paid, the Employer shall no longer be required to pay a deposit premium for the third consecutive policy year or thereafter as long as additional premium generated for each policy year continues to be less than 5% inclusive of surcharges and said additional premium is timely paid.

14. Can one check be submitted for both the advance premium and the deposit premium?

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Yes. The money will be applied first to the deposit premium and then to the advance premium. If there is any shortage in the amount submitted, the balance will be due for the advance premium.

15. The Employer's total estimated annual premium is $1,200. If the deposit and advance premiums are each 50% of the total estimated annual premium, why does the Employer have to submit $1,600 to secure coverage instead of $1,200?

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The Employer's advance premium must be at least 50% of the estimated annual premium or $1,000, whichever is greater. Given this scenario, the advance premium required to secure coverage is $1,000, and the deposit premium (50% of the total estimated annual premium) is $600. Thus, the total monies required to secure coverage is $1,600.

The following chart summarizes the FWCJUA's deposit and advance premium requirements; however, you may prefer to use the FWCJUA's website pricing tool to calculate these premiums:

16. Does the Anniversary Rating Date (ARD) rule apply to FWCJUA policies?

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Application of the Anniversary Rating Date (ARD) rule for rating FWCJUA policies was discontinued effective March 1, 2003. If, however, a policy is canceled and rewritten by the FWCJUA within 60 days, all rules, classifications and rates applicable to the rewritten policy will be those that were in effect at the inception of the canceled policy provided (1) no voluntary coverage was afforded during the lapse and (2) the rewritten policy's inception date is prior to the canceled policy's normal expiration date. Policy cancellations initiated by the FWCJUA for purposes of reclassifying an Employer's rating subplan assignment shall be rewritten utilizing all rules, classifications and rates applicable at the inception date of the rewritten policy.

17. Effective July 26, 2003, participation in the FWCJUA's safety program is mandatory by law. How will this be implemented?

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Employers applying for or renewing coverage with effective dates on or after July 26, 2003, will acknowledge that they will comply with the FWCJUA safety program by signing the ACORD 133 FL. Subsequently, at policy issuance, the FWCJUA shall notify the Employer that participation in the safety program is mandatory and provide materials regarding the safety program including standardized, industry-specific safety and loss control practices to which the Employer must comply. The Employer will also be notified that failure to demonstrate substantial evidence of compliance or intent to comply with the safety program may result in disqualifying the Employer from eligibility within either certain rating subplans or the FWCJUA, thereby resulting in the cancellation of the Employer's policy.

18. If an Employer fails to comply with the FWCJUA's mandatory safety program, will the Employer's policy be canceled?

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If the Employer fails to demonstrate substantial evidence of compliance or intent to comply with the safety program, the Employer may be disqualified from eligibility within either certain rating subplans or the FWCJUA, thereby resulting in the cancellation of the Employer's policy.

19. Who should an Employer contact to discuss the FWCJUA's mandatory safety program effective July 26, 2003?

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The Employer should contact the FWCJUA Service Provider who is responsible for providing Loss Control and Safety services. Currently, that is:

Travelers Property Casualty
P.O. Box 3556
Orlando, FL 32802
Ph: (800) 247-7218
FX: (407) 649-3574
http://www.travelers.com/

ASSESSMENTS:

1. When and how often will assessments be made against Employers with assessable policies?

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Subject to verification by OIR, the FWCJUA may levy assessments against Employers with assessable policies on a pro-rata-earned-premium basis to fund any deficits that exist within their specific subplan or tier. Employers with assessable policies may be assessed more than once, and any assessment may be made either while the Employer's assessable policy is in effect or at any time after the Employer's assessable policy is no longer in effect.

Assessments levied against Employers in a specific assessable subpan or tier shall cover only the deficits attributable to that specific subplan or tier and may not be offset by any surplus generated within another subplan or tier regardless of whether the Employer was ever a participant in another subplan or tier.

In no event shall the FWCJUA levy any assessments against any person or entity, except as authorized by Section 627.311(5), Florida Statutes.

2. Is there a maximum amount that an Employer with an assessable policy can be assessed for one policy period?

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No, there is no maximum assessment limitation for a policy period; however, the Employer's share of the assessment is limited on a pro-rata-earned premium basis. Further, Employers with assessable policies may be assessed more than once, and any assessment may be made either while the Employer's assessable policy is in effect or at any time after the Employer's assessable policy is no longer in effect.

3. Will an Employer with an assessable policy be assessed even if it has incurred no losses?

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Yes, an Employer with an assessable policy may be assessed regardless of the Employer's individual performance. Such an Employer may be assessed on a pro-rata-earned-premium basis to fund any deficits that exist within the Employer's subplan or tier. Additionally, such an Employer may be assessed more than once, and any assessment may be made either while Employer's assessable policy is in effect or at any time after the Employer's assessable policy is no longer in effect.

4. Is there a time limitation on when assessments may be levied against an Employer with an assessable policy?

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No, there is no time limitation on when an assessment may be levied against an Employer with an assessable policy. Assessments may be levied either while the Employer's assessable policy is in effect or at any time after the Employer's assessable policy is no longer in effect. Additionally, an Employer with an assessable policy may be assessed more than once.

TIER RATING STRUCTURE: (Effective July 1, 2004, applicable to new and renewal business as well as to the remainder of the unexpired term for business written with inception dates of May 28, 2004 through June 30, 2004.)

1. Is the Tier 1, Tier 2 or Tier 3 percentage surcharge applied to the minimum premium when a policy is issued on a minimum premium basis?

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The FWCJUA percentage surcharges in Tiers 1, 2 and 3 apply to voluntary comparable premium, but not to the FWCJUA minimum premiums applicable in each tier. If the voluntary comparable premium after the application of the percentage surcharge is less than the FWCJUA minimum premium for a Tier 1 or Tier 2 policyholder, the applicable FWCJUA minimum premium shall be charged. For Tier 3, the ARAP factor shall apply prior to the application of the appropriate percentage surcharge. If the voluntary comparable premium inclusive of ARAP and after the application of the percentage surcharge is less than the FWCJUA minimum premium for Tier 3, the FWCJUA minimum premium shall apply. The percentage surcharge is not applied to the FWCJUA minimum premium for any tier; however, the flat fee is added to the minimum premium to develop the policy premium.

2. Will an Employer's payment options be any different with the introduction of the tier rating structure?

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No, the advance premium for an Employer in any of the three tiers, as was the case in the prior subplans, shall be at least 50% of the estimated annual premium or $1,000, whichever is greater. An Employer may chose to submit the minimum advance premium required. If so, the remaining balance is billed three (3) months, six (6) months and nine (9) months from the policy inception date.

3. Will an Employer's deposit and advance premium requirements be any different with the introduction of the tier rating structure?

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No, the deposit and advance premium requirements for the FWCJUA shall not change with the introduction of the tier rating plan.

4. What medical-only claim and premium information shall be used to determine the tier eligibility?

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The sum of the total incurred medical-only claims reported for the applicable experience period and the total reported policy premium for that same period shall be utilized to determine whether the total medical only claims exceed 20% of premium.

5. What loss run information shall be required to determine tier eligibility?

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Employers with no experience modification shall be required to provide loss history report(s) with corresponding policy premium generated by prior workers compensation Insurer(s) for any portion or portions of the immediately preceding three years for which the Employer secured coverage.

Employers with an experience modification shall be required to provide loss history report(s) with corresponding policy premium generated by prior workers compensation Insurer(s) for the experience period beginning on the first date immediately following the last date included within the Employer's applicable experience modification rating, for purposes of securing FWCJUA coverage, through the date immediately preceding the inception or renewal date of the FWCJUA policy. Also provide the applicable experience modification rating worksheet for purposes of securing coverage through the FWCJUA.

If the Employer is not able to produce his or her loss history report(s) with corresponding policy premium for the immediately preceding years for which the Employer secured coverage, the Employer shall be assigned to Tier 3 unless the Employer's inability to produce such information is due to the insolvency of his or her prior Insurer. If the prior Insurer is insolvent, the Employer must submit the loss history with corresponding policy premium generated by the Receiver for the insolvent Insurer; however, if the Receiver is unable to produce such information, the Employer may submit an affidavit from the Employer and the Employer's insurance agent setting forth the loss history and corresponding policy premium.

6. Why do loss history reports have to be valued through the date immediately preceding the inception date of FWCJUA coverage?

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The FWCJUA must consider the loss experience immediately preceding the inception date of its policy when determining tier eligibility.

7. What tier shall an Employer with prior coverage be assigned to if the Employer is unable to provide the required loss history reports with corresponding premium generated by its prior workers compensation Insurer?

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The Employer shall be assigned to Tier 3 unless the Employer's inability to produce such information is due to the insolvency of his or her prior Insurer. If the prior Insurer is insolvent, the Employer must submit the loss history with corresponding policy premium generated by the Receiver for the insolvent Insurer; however, if the Receiver is unable to produce such information, the Employer may submit an affidavit from the Employer and the Employer's insurance agent setting forth the loss history and corresponding policy premium.

8. May an Employer who provides its prior loss and premium information valued through an earlier date than the inception date of FWCJUA coverage secure coverage with the commitment to provide the required information at some later date?

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If the Employer provides loss history reports with corresponding policy premium for the required experience period which has been valued within the last 30 days, the FWCJUA shall make an initial tier assignment based upon that information. However, the Employer shall be instructed to provide the loss history report(s) with corresponding policy premium for the required experience period valued as of the date immediately preceding the effective date of the FWCJUA policy within 30 days of coverage being bound with failure to do so resulting in the issuance of a notice of cancellation. The properly valued loss and premium information shall be used to confirm the Employer's initial tier eligibility and may result in the reassignment of the Employer to another rating tier.

9. What is the Flat Fee and why is it charged in each tier?

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Effective July 1, 2004, the Flat Fee is the non-refundable fee authorized by section 627.311(5)(c)26., Florida Statutes, that is applicable to all new and renewal policies to cover the costs of administration and fraud prevention.

10. Does the Flat Fee apply to a minimum premium policy written in the tier rating plan?

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Yes. Pursuant to Florida law effective July 1, 2004, each Application for Coverage and each renewal premium is required to be accompanied by a non-refundable fee of $475 to cover the costs of administration and fraud prevention. Thus, an Employer securing a minimum premium policy shall be charged the minimum premium plus the Flat Fee for his or her FWCJUA coverage.

11. If an Employer secured prior workers compensation coverage through an employee leasing arrangement such as with a PEO, will a letter from the PEO regarding the Employer's prior loss and premium information suffice for purposes of Tier 1 and Tier 2 eligibility?

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No. The required loss and premium information must be generated by the Insurer for the PEO.

12. Will a "no loss" letter from the Employer's former workers compensation Insurer be acceptable for purposes of Tier 1 and Tier 2 eligibility?

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In determining tier eligibility, the FWCJUA shall accept a "no loss" letter generated by a prior Insurer provided the letter identifies the Employer's prior policy number, policy period and policy premium.

13. What is a "new business" for purposes of tier eligibility?

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A "new business" for purposes of Tier 1 and Tier 2 eligibility means a business enterprise, regardless of business form, which began business operations, such as the sale of goods or the rendition of services, within six months prior to the date Application for Coverage is received by the FWCJUA. A mere change in the business form of the Employer does not constitute the creation of a new business. For example, a new business is not created when a sole proprietor creates a corporation or a limited liability company to transact the same or similar business to that previously transacted by the sole proprietor. Furthermore, changes in ownership interest that would result in the continuation of experience if the existing business enterprise were subject to the Experience Rating Plan, shall not result in the creation of a new business.

14. If the Employer's prior Insurer is no longer in business, may the Employer submit old loss runs?

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The Employer must provide loss runs valued through the date immediately preceding the inception date of the FWCJUA policy for purposes of tier eligibility or the Employer shall be assigned to Tier 3 unless the Employer's inability to produce such information is due to the insolvency of his or her prior Insurer. If the prior Insurer is insolvent, the Employer must submit the loss history with corresponding policy premium generated by the Receiver for the insolvent Insurer; however, if the Receiver is unable to produce such information, the Employer may submit an affidavit from the Employer and the Employer's insurance agent setting forth the loss history and corresponding policy premium.

15. If an Employer with no recent losses has a contingent modification of 1.05, but feels his or her final modification will be less than 1.00, will the FWCJUA consider a Tier 1 assignment?

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No. The FWCJUA will utilize the contingent modification for purposes of making the initial tier assignment; however, when the Employer's experience modification becomes final, the FWCJUA shall apply it in accordance with the Experience Rating Plan rules regarding contingent modifications. In this case, if the final modification did turn out to be less than 1.00, the Employer would be reassigned to Tier 1 retroactive to policy inception.

16. When an Employer's preliminary modification is finalized after the issuance of a policy can the Employer's tier assignment change?

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Yes. The FWCJUA shall apply the final modification in accordance with Experience Rating Plan Manual rules and if the final modification is to be applied retroactively to the inception of the Employer's policy, the Employer's tier assignment shall be re-evaluated. If the Employer's tier assignment changes based upon this re-evaluation, the change in tier assignment shall apply retroactively to the inception of the Employer's policy.

17. When an Employer's applicable experience modification changes during the FWCJUA policy term, will the Employer's tier assignment be changed?

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An increase or a decrease in the Employer's applicable experience modification that is required to be applied retroactively to the inception date of the Employer's policy pursuant to Experience Rating Plan Manual rules shall also cause a re-evaluation of the Employer's tier assignment. If the Employer's tier assignment changes based upon this re-evaluation, the change in tier assignment shall apply retroactively to the inception of the Employer's policy. An increase in the Employer's applicable experience modification that is required to be applied pro-rata as of the date of endorsement to the Employer's policy pursuant to Experience Rating Plan Manual rules shall be appropriately endorsed on the Employer's policy; however, the Employer's tier assignment shall not be re-evaluated until renewal.

18. If a non-rated Employer is found to be combinable with another entity that is rated, will the experience modification be used to determine tier eligibility? If yes, does the experience for the other entity need to be provided to determine tier eligibility even if the other entity's operations are not similar to the Employer's operations?

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Yes, because the FWCJUA follows the Experience Rating Plan approved for use in the state of Florida. Accordingly, the losses for the other entity shall be required by the FWCJUA to determine the Employer's tier eligibility, regardless of the other entity's type of operations.

19. If an Employer with multi-state operations makes application to the FWCJUA for his or her Florida operations, what premium and loss information shall be used to determine tier eligibility?

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If the Employer has an experience modification, the multi-state premium and loss information subsequent to the applicable experience rating period for all operations included within the experience rating shall be utilized to determine tier eligibility.

If the Employer does not have an experience modification, all multi-state premium and loss information for the immediately preceding three years shall be utilized to determine tier eligibility.

20. If an Employer with an FWCJUA policy provides a loss history report valued mid-term during his or her policy period to support a lower rated tier assignment, will the FWCJUA consider reassignment?

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The FWCJUA shall consider reassignment of the Employer's tier at renewal. The FWCJUA determines eligibility based upon losses valued as of one day prior to the effective date of its coverage.

21. When determining tier eligibility with regard to medical-only claims, will the decision be based upon paid losses or upon total incurred losses?

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The total incurred losses shall be considered in making the tier assignment.

22. Can the tier assignment change mid-term during a policy period?

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The tier assignment assigned at the inception of the policy shall apply throughout the policy period unless the tier assignment was incorrectly assigned or the Employer's experience rating modification or loss history report(s) with corresponding policy premium generated by prior workers compensation Insurer(s) valued as of the date immediately preceding the effective date of the new or renewal policy does not support the tier assignment.

23. What if the Employer's prior Insurer is not insolvent and will not cooperate in providing the necessary loss history reports with corresponding premium for the required experience period?

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The Employer shall be assigned to Tier 3 if he or she is unable to secure the required loss and premium information from an uncooperative prior Insurer. If the Employer and its Designated Producer are unable to obtain information from the Employer's prior Insurer, the Employer may contact the Office of Insurance Regulation at 850-413-3146 and press 3 for Workers Compensation.

If, however, the Employer is able to secure the required loss and premium information from the uncooperative prior Insurer during the first 90 days of the FWCJUA policy term and the Employer has maintained proof of non-cooperation of the prior Insurer, the FWCJUA shall reassign the Employer to the appropriate tier retroactive to the inception date of the policy term. At least two valid attempts to secure the information from the Insurer must be documented in order to establish proof of non-cooperation.

24. If the Employer contends that his or her prior Insurer mismanaged claims, will the FWCJUA take the matter under consideration when determining tier eligibility?

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The FWCJUA shall consider the loss history and premium information for the applicable experience period as generated by the prior Insurer in determining tier eligibility, because the FWCJUA has no authority to act upon allegations that a prior Insurer mishandled claims. The Employer should contact his or her prior Insurer to resolve such issues.

25. If the Employer utilized a deductible program with a prior Insurer, shall the losses the Employer paid be included in the loss history for purposes of determining tier assignment?

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Yes. The Employer's complete loss history shall be utilized for purposes of determining tier eligibility.

26. If a non-rated Employer starting operations in FL has insured operations in California, New York and Michigan, must I provide the FWCJUA with premium and loss information from those states? If so, how shall the premium and loss history information from each state be utilized to determine tier eligibility.

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Yes, the FWCJUA shall require the Employer's prior loss history and premium information from the other states to determine the Employer's tier assignment. The premium and loss information from each state shall be added together and totaled to determine whether the medical-only claims exceed 20% of premium for purposes of Tier 1 and Tier 2 eligibility.

27. If an Employer starting operations in FL has insured operations in Georgia and Alabama with an applicable NCCI interstate experience rating modification and also in Michigan with an applicable Michigan intrastate experience rating modification, how will the experience modifications apply for purposes of tier eligibility and must premium and loss information from all three states be submitted for consideration?

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The FWCJUA shall utilize the NCCI interstate experience rating modification and the corresponding loss and premium information subsequent to the applicable experience rating period for the Alabama and Georgia operations in determining tier eligibility. The filed and approved Experience Rating Plan in Florida supports the use of the interstate modification; and therefore, the use of the corresponding loss and premium information for Alabama and Georgia.

28. If an Employer has an experience rating modification of a .97 with no losses subsequent to the applicable experience rating period, but did not secure coverage for some portion of that subsequent period, what tier assignment shall apply?

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Tier 3 shall apply. A rated Employer must have secured coverage for the entire period subsequent to the applicable experience rating period to qualify for a Tier 1 or Tier 2 assignment.

29. Is a loss history valuation date the same as the date the Insurer generates the loss run report?

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No, not necessarily. The loss valuation date is the date that the losses were last valued, while the report date may merely reflect the date the report was generated by the Insurer.

30. May an Employer qualify for Tier 1 or Tier 2, if the previous coverage was through a PEO?

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Yes, if the Employer meets the eligibility requirements. Again, the Employer must provide loss history and premium information generated by his or her prior Insurer.

31. If a small Employer has been in business for several years, but has not been required by law to secure workers compensation coverage before making application to the FWCJUA, will the Employer be required to provide the FWCJUA with a "no loss" statement?

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No. The Employer shall be viewed as non-rated with less than three years of experience and his or her tier eligibility shall be determined accordingly.

32. Will the FWCJUA accept a loss run or a "no loss" letter from a Producer or Managing General Agent (MGA) in lieu of a prior Insurer?

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No. The loss history and premium information must be generated from the prior Insurer for purposes of determining tier eligibility.

33. If an Employer purchased an existing business that had prior workers compensation insurance and is not considered a "new business" by FWCJUA definition, what tier shall the Employer be assigned to if the Employer is unable to obtain the premium and loss runs from the solvent prior Insurer?

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The Employer shall be assigned to Tier 3 if the premium and loss information for the applicable experience period is not provided to the FWCJUA as required. If the Employer and his or her Designated Producer are unable to obtain information from the prior Insurer, the Employer may contact the Office of Insurance Regulation at 850-413-3146 and press 3 for Workers Compensation.

34. If the premium is not displayed on the Employer's currently valued loss runs, what does the Employer need to provide the FWCJUA to satisfy this requirement for Tier assignment?

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First, there is not a requirement that the premium information be included on the loss run. The FWCJUA must receive verifiable information regarding premium from the Insurer, such as a final audit/billing statement or a declaration page.

35. For purposes of Tier 1 and Tier 2 eligibility for non-rated Employers, what does the FWCJUA consider the immediately preceding three years?

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For non-rated Employers, "immediately preceding 3 years" is defined as 3 years prior to the inception or renewal date of the FWCJUA policy.

36. For purposes of Tier 1 and Tier 2 eligibility for rated Employers, what does the phrase "subsequent to the applicable rating period" refer to?

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For rated Employers, the phrase "subsequent to the applicable experience rating period" refers to the experience period beginning on the first date immediately following the last date included within the Employer's applicable experience modification rating, for purposes of securing FWCJUA coverage, through the date immediately preceding the inception or renewal date of the FWCJUA policy.