Title 34, Chapter 9, Section 121
( 34-9-121)
(a) Unless otherwise ordered or permitted by the board, every
employer subject to the provisions of this chapter relative to the
payment of compensation shall secure and maintain full insurance
against such employer's liability for payment of compensation under
this article, such insurance to be secured from some corporation,
association, or organization licensed by law to transact the
business of workers' compensation insurance in this state or from
some mutual insurance association formed by a group of employers so
licensed; or such employer shall furnish the board with satisfactory
proof of such employer's financial ability to pay the compensation
directly in the amount and manner and when due, as provided for in
this chapter. In the latter case, the board may, in its discretion,
require the deposit of acceptable security, indemnity, or bond to
secure the payment of compensation liabilities as they are incurred;
provided, however, that it shall be satisfactory proof of the
employer's financial ability to pay the compensation directly in the
amount and manner when due, as provided for in this chapter, and the
equivalent of acceptable security, indemnity, or bond to secure the
payment of compensation liabilities as they are incurred, if the
employer shall show the board that such employer is a member of a
mutual insurance company duly licensed to do business in this state
by the Commissioner of Insurance, as provided by the laws of this
state, or of an association or group of employers so licensed and as
such is exchanging contracts of insurance with the employers of this
and other states through a medium specified and located in their
agreements with each other, but this proviso shall in no way
restrict or qualify the right of self-insurance as authorized in
this Code section. Nothing in this Code section shall be construed
to require an employer to place such employer's entire insurance in
a single insurance carrier. (b) The board shall have the authority to promulgate rules and
regulations to set forth requirements for third-party administrators
and servicing agents, including insurers acting as third-party
administrators or servicing agents, with regard to their management
or administration of workers' compensation claims. All Title 33
regulations shall remain in the Insurance Department. (c) Wherever a self-insurer has been required to post bond, should
it cease to be a corporation, obtain other coverage, or no longer
desire to be a self-insurer, the board shall be allowed to return
the bond in either instance, upon the filing of a certificate
certifying to the existence of an insurance contract to take over
outstanding liability resulting from any presently pending claim or
any future unrepresented claims; and the board shall be relieved of
any liability arising out of a case where the injuries were
incurred, or liability therefor, prior to the returning of the
bonds. |