American Association of State Compensation insurance Fund
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CopperPoint Mutual Insurance Company
Phone: (602) 631-2000
Address: 3030 North Third Street
Phoenix, AZ   85012
Website: www.copperpoint.com

State Compensation Insurance Fund
Phone: 888-STATEFUNDCA
Address: 333 Bush Street
Suite 800
San Francisco, CA   94104
Website: www.statefundca.com

Pinnacol Assurance
Phone: (303) 361-4000
Address: 7501 East Lowry Boulevard
Suite 800
Denver, CO   80230-7006
Website: www.pinnacol.com

Hawaii Employers' Mutual Insurance Co. Inc.
Phone: (808) 524-3642
Address: 1100 Alakea Street
Suite 1400
Honolulu, HI   96813
Website: www.hemic.com

Idaho State Insurance Fund
Phone: (208) 332-2100
Address: 1215 West State Street
P.O. Box 83720
Boise, ID   83720-0044
Website: www.idahosif.org

Kentucky Employers Mutual Insurance
Phone: (859) 425-7800
Address: 250 West Main Street Suite 900
P.O. Box 83720
Lexington, KY   40507-1724
Website: www.kemi.com

Louisiana Workers' Compensation Corporation
Phone: (225) 924-7788
Address: 2237 South Acadian Thruway
P.O. Box 83720
Baton Rouge, LA   70808
Website: www.lwcc.com

Maine Employers Mutual Insurance Company (MEMIC)
Phone: (207) 791-3300
Address: 261 Commercial Street
P.O. Box 11409
Portland, ME   04104
Website: www.memic.com

Chesapeake Employers’ Insurance Company
Phone: (410) 494-2000
Address: 8722 Loch Raven Boulevard
P.O. Box 11409
Towson, MD   21286-2235
Website: www.ceiwc.com

SFM Mutual Insurance Company
Phone: (952) 838-4200
Address: 3500 American Boulevard West Suite 700
P.O. Box 11409
Bloomington, MN   55431-4434
Website: www.sfmic.com

Missouri Employers Mutual Insurance
Phone: (800) 442-0590
Address: 101 N Keene St
P.O. Box 11409
Columbia, MO   65201
Website: www.mem-ins.com

Montana State Fund
Phone: (406) 495-5015
Address: 855 Front Street
P.O. Box 4759
Helena, MT   59604-4759
Website: www.montanastatefund.com

New Mexico Mutual Group
Phone: (505) 345-7260
Address: 3900 Singer Boulevard NE
P.O. Box 4759
Albuquerque, NM   87109
Website: www.newmexicomutual.com

New York State Insurance Fund
Phone: (212) 312-7001
Address: 199 Church Street
P.O. Box 4759
New York, NY   10007
Website: www.nysif.com

Workforce Safety and Insurance
Phone: (701) 328-3800
Address: 1600 East Century Avenue Suite 1
P.O. Box 4759
Bismarck, ND   58506-5585
Website: www.WorkforceSafety.com

Ohio Bureau of Workers Compensation
Phone: (800) 644-6292
Address: 30 West Spring Street
P.O. Box 4759
Columbus, OH   43215-2256
Website: www.bwc.ohio.gov

CompSource Mutual Insurance Company
Phone: (405) 232-7663
Address: 1901 North Walnut Ave.
P.O. Box 53505
Oklahoma City, OK   73152-3505
Website: www.compsourcemutual.com

State Accident Insurance Fund (SAIF)
Phone: (503) 373-8000
Address: 400 High Street SE
P.O. Box 53505
Salem, OR   97312-1000
Website: www.saif.com

Pennsylvania State Workers Insurance Fund
Phone: (570) 963-4635
Address: 100 Lackawanna Avenue
P.O. Box 5100
Scranton, PA   18505-5100
Website: www.dli.state.pa.us/swif

Beacon Mutual Insurance Company
Phone: (401) 825-2667
Address: One Beacon Centre
P.O. Box 5100
Warwick, RI   02886-1378
Website: www.beaconmutual.com

South Carolina State Accident Fund
Phone: (803) 896-5800
Address: P.O. Box 102100
P.O. Box 5100
Columbia, SC   29221-5000
Website: www.saf.sc.gov

Texas Mutual Insurance Company
Phone: (800) 859-5995
Address: 6210 East Highway 290
P.O. Box 5100
Austin, TX   78723-1098
Website: www.texasmutual.com

Workers Compensation Fund
Phone: (800) 446-2667
Address: 100 West Towne Ridge Parkway
P.O. Box 2227
Sandy, UT   84070
Website: www.wcfgroup.com

Washington Department of Labor and Industries
Phone: (360) 902-5800
Address: P.O. Box 44001
P.O. Box 2227
Olympia, WA   98504-4001
Website: www.lni.wa.gov

Wyoming Division of Workers Safety & Compensation
Phone: (307) 777-7159
Address: Cheyenne Business Center
1510 East Pershing Boulevard
Cheyenne, WY   82002
Website: wydoe.state.wy.us

Workers Compensation Board - Alberta
Phone: (780) 498-3999
Address: 9925-107 Street
P.O. Box 2415
Edmonton, AB   T5J 2S5
Website: www.wcb.ab.ca

Workers Compensation Board of British Columbia (WORKSAFEBC)
Phone: (604) 273-2266
Address: P.O. Box 5350 Station Terminal
P.O. Box 2415
Vancouver, BC   V6B 5L5
Website: www.worksafebc.com

Manitoba Workers Compensation Board
Phone: (204) 954-4321
Address: 333 Broadway
P.O. Box 2415
Winnipeg, MB   R3C 4W3
Website: www.wcb.mb.ca

WorkSafeNB
Phone: (506) 632-2200
Address: 1 Portland Street
P.O. Box 160
Saint John, NB   E2L 3X9
Website: www.worksafenb.ca

Workers Compensation Board of Nova Scotia
Phone: (902) 491-8999
Address: 5668 South Street
P.O. Box 1150
Halifax, NS   B3J 2Y2
Website: www.wcb.ns.ca

Prince Edward Island Workers Compensation Board
Phone: (902) 368-5680
Address: 14 Weymouth Street
P.O. Box 1150
Charlottetown, PE   C1A 7L7
Website: www.wcb.pe.ca

Saskatchewan Workers Compensation Board
Phone: (306) 787-4370
Address: 200 - 1881 Scarth Street
P.O. Box 1150
Regina, SK   S4P 4L1
Website: www.wcbsask.com

Puerto Rico State Insurance Fund Corporation
Phone: (787) 793-5959
Address: G.P.O. Box 365028
P.O. Box 1150
San Juan, PR   00936-5028
Website: www.cfse.gov.pr
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Latest Newsletter

Overcoming the Challenge of Transportation Risks

By Ralph Gifford, Underwriting Manager and Technical Advisor, Missouri Employers Mutual

Interstate transportation risks present two specific challenges for AASCIF members’ underwriters and auditors due to our mono-line structure. First, we do not have the ability to provide complete Other States insurance coverage as contemplated under item 3C of the Information page. Second, the subjectivity of owner/operators is another major challenge in transportation risks.

Item 3C on the Information page, which relates to Other States Coverage, is shown as “none” or it may have a special endorsement to provide some type limited coverage for temporary and incidental operations in other states. This might determine whether an employee is a statutory employee of our state, he/she may file a claim in the state in which he/she is injured or possibly in which he/she lives.

The NCCI Extra-Territorial Guidelines under the trucking codes 7228, 7229, and the state special code 7219, do state that this is to be used as a guideline for auditors and underwriters in the determination of premium for trucking where no company guidelines have been established for this purpose. Therefore, each company may have their own guidelines and do not necessarily have to follow NCCI.

Many of the AASCIF state funds use the State of Hire as the first determining factor. Underwriters should confirm that the employees are being physically hired in the state. Even though an offer of employment is made over the phone to an applicant who lives in another state, the employee should physically come to the state of hire to sign final paperwork, complete W-2’s, and other necessary items before he/she is actually put to work or allowed to drive for the employer.

The Extra-Territorial guideline for determining state assignment is Location of the Base Terminal. The Base Terminal definition is the location from which the business loads, unloads, stores or transfers freight on a regular basis. Many of the smaller operations do not have this type of terminal, but only have dispatchers and/or possibly maintenance facilities.

The next two guidelines in the NCCI Manual include the majority of driving time in a specific state and, if none of the above applies, the State of Residence is that of the trucker. Some of the trucking companies may have specific routes in specific states, but this is fairly rare, especially with the long-haul trucking risks.  Except for some of the larger states like Texas and the western U.S., most long-haul truckers could pass through several states in one day.  The State of Residence of the trucker could be used, but in this day and age of high-tech communication, a trucking firm could have long-haul trucking employees living in several different states and probably should only be used as a last resort.

A good underwriting and audit resource is the Safety and Fitness Electronic Records (SAFER) System (www.safersys.org). Information available on this site, maintained by the Federal Motor Carrier Safety Administration, is the result of inspections that are performed at the weigh stations located on the sides of major interstate roads. State law enforcement and individuals from the U.S. Department of Transportation perform these duties. Review the data related to “Out-of-Service” reports, which indicate how many times the account’s trucks have been taken off the road. A high score in this area may indicate a risk with potential problems. If trucks have been out of service, for instance, it may indicate problems with safety equipment such as brakes. You may wish to schedule a preliminary inspection.

Premium auditors and underwriters may use the SAFER website to verify the number of trucks the insured has on record in relationship to the number of employee drivers. While the relationship does not have to be one-to-one, if there are considerably more trucks than drivers, the insured may be attempting to call some of the drivers owner/operators to be excluded from coverage in states such as Missouri, where they are exempt.  

The other major challenge in transportation risks is the use of owner/operators. PAAS (Premium Audit Advisory Services) issued Educational Bulletin EB 12-07.13 in December of 2007 regarding the auditing of policyholders who utilize owner/operators for their trucking operations. A good reference in the bulletin is the list of state statutes that specifically address the status of owner/operators.

In Missouri, owner/operators are excluded provided they meet the requirements in the state statute.  But what happens if our insured were to hire an owner/operator with the State of Hire listed as Missouri (and who resides in Illinois) but has an accident in Illinois and files a claim against our insured in Illinois? Should we then defend our insured, pay the claim and charge payroll for the owner/operator? What about owner/operators who may hire an employee to help them and this employee is injured? How do these state statutes address the employee? Case law varies from state to state, but most of the time the employee may recover medical and indemnity payments from the insured trucking firm, even though the owner/operator may not.

The same PAAS Bulletin has a suggested questionnaire for auditors to use to help determine if the trucker is an employee of the company or an owner/operator. As stated above, each state fund has the ability to publish its own underwriting and audit guidelines for trucking risks and determine the applicable state for premium and payroll purposes as well as the owner/operator status. Obtaining a questionnaire from the insured or agency placing the business should clarify the company’s position as well as obligations of the trucking firm. Although it appears challenging, there are many resources to assist us in properly assessing and documenting appropriate coverage for long-haul trucking.

 

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