| (a) The following words and terms are defined in the
Texas Labor Code §407.001, and are used in this chapter:
(1) Association;
(2) Impaired employer;
(3) Incurred liabilities for compensation; and
(4) Qualified claims servicing contractor.
(b) The following words and terms, when used in this
chapter, shall have the following meanings, unless the context clearly
indicates otherwise:
(1) Applicant--an employer that applies for an initial
certificate of authority to self-insure or, once initially certified,
any subsequent certificate of authority to self-insure.
(2) Certificate--A certificate of authority to self-insure
issued by the commissioner under Texas Labor Code §407.042, which
entitles an employer to be a certified self-insurer and is valid only
for the persons, firms, or corporations named on the certificate.
For a certificate of authority to self-insure delivered, issued for
delivery, or renewed on or after January 1, 1996, a sole proprietor,
partner, or corporate executive officer of a business may be specifically
excluded from coverage under Texas Labor Code §406.097.
(3) Certified self-insurer--A private employer that
has been granted a certificate of authority to self-insure for payment
of compensation, either currently or for a prior period except if
withdrawn with an insuring agreement under Labor Code §407.045(a-1).
(4) Claims Contractor--A qualified claims servicing
contractor.
(5) Division--The Texas Department of Insurance, Division
of Workers' Compensation.
(6) Excess Insurance--Insurance that an employer purchases
to pay claim costs that exceed the employer's retention amount up
to a specified limit.
(7) Retention--All payments that must be paid by a
certified self-insurer before an excess insurance policy will respond
to a loss for claims filed under the Workers' Compensation Act including
indemnity benefits, medical payments, death benefits, and all other
related claims expenses not otherwise covered by insurance.
(8) Trust Fund--The Texas certified self-insurer guaranty
trust fund created by the fee assessed by the Association for emergency
payment of the compensation liabilities of an impaired employer.
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| Source Note: The provisions of this §114.2 adopted to be effective January 1, 1993, 17 TexReg 7896; amended to be effective November 6, 1995, 20 TexReg 8612; amended to be effective May 9, 2004, 29 TexReg 4186; amended to be effective January 6, 2019, 44 TexReg 99 |
