Florida Division of Workers’ Compensation Workshop on Proposed Affiliated Self-Insurers Rule Scheduled for October 19, 2011, If Requested
Oct 3, 2011
The Florida Division of Workers’ Compensation (“DWC”) has published a Notice of Proposed Rule Development for Rule 69L-5.201, “Definitions,” under the Rule Chapter entitled “Rules For Self-Insurers Under the Florida Workers’ Compensation Act.”
Proposed amendments to Rule 69L-5.201 would allow an affiliated self-insurer structure and utilization of the financial strength of a parent company for purposes of providing a parental guaranty for affiliated self-insurers under Rule 69L-5.215, where the parent company could, but elects to not hold the self-insurance authorization.
The original intent of the Rule was to avoid complexities associated with an affiliated self-insurer structure in which a parent company exists to hold the self-insurance authorization. This was addressed by the clause, “which do not have a parent company to hold the self-insurance authorization.” A parent company able to, but not wanting to hold the self-insurance authorization, and wanting to execute a parental guaranty under Rule 69L-5.215, would be precluded from doing so under the existing language of Rule 69L-5.201(2).
If requested in writing and not deemed unnecessary by the DWC head, a Rule Development Workshop will be held on October 19, 2011 at 9:30 a.m. at the Hartman Building, 2012 Capital Circle, SE, Room 102, in Tallahassee, Florida.
To view the hearing notice, click here.
A Colodny Fass representative will attend the hearing and provide a report.
Should you have any questions or comments, please contact Colodny Fass.
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