Rule I – GENERAL

A. Workers Compensation

Workers Compensation as used in this Manual means workers compensation and occupational disease law of Delaware.

B. Standard Policy

Standard Policy means the Standard Provisions Workers Compensation and Employers Liability Policy and the Information Page approved by the Delaware Insurance Department prescribed in Section 3 of this manual.

C. Endorsement Forms

Endorsement form mean standard endorsements contained in the Endorsement Forms Section. A standard endorsement must be used in the form prescribed in Section 3.

D. ENDORSEMENT FORMS SECTION (SECTION 3)

Refer to the Endorsement Forms Section for complete description of coverages and instructions on use of the endorsement forms.

E. APPLICATION OF MANUAL RULES

Rules apply separately to each policy, except as allowed by Rule VII – PREMIUM DISCOUNT.

F. EFFECTIVE DATE

  1. Manual
    This Manual applies only from the policy effective date which occurs on or after the effective date of this Manual.
  2. Changes
    The effective date of a change in any rule, classification or DCRB rating value is 12:01 a.m. on the date approved for use. Any change will be highlighted and linked to the appropriate DCRB circular announcing the change. Unless specified otherwise, each change applies only from the policy effective date which occurs on or after the effective date of the change

G. POLICY EFFECTIVE DATE

  1. Definition
    The policy effective date is the effective month, day and year of the policy in effect.
  2. Long Term Policies
    For application of policy effective dates on policies issued for a term in excess of one year, refer to Rule III – C.

H. FILING REQUIREMENTS

  1. Policy
    An exact copy of every Workers Compensation Policy showing the state of Delaware on the Information Page shall be electronically submitted to the Delaware Compensation Rating Bureau within thirty days after the effective date of the policy.
  2. Policy Writing Procedures
    1. Policy Numbers
      The policy number designated by the carrier at policy issuance must remain constant and must be used on all endorsements and other documents related to that policy. If a portion of the policy number is designated at inception as the “key” policy number, such designation must be clearly identified on the policy information page and the “key” number must be used on all endorsements and other documents related to that policy.
    2. Renewal Policy Numbers
      The information page of each renewal policy shall identify the policy number of the policy which it renews, in accordance with a. above. This procedure also applies to rewritten policies. The word “same” should be used to indicate that the same policy number has been used on renewal. The word “new” should be used to indicate a newly issued policy.
  3. Endorsements
    An exact copy of all endorsements or agreements attached to the policy at its inception date or issued subsequent to the inception date of the policy must be electronically submitted to the DCRB within thirty days after the date of issue of such endorsement or agreement.
  4. Standard Endorsement Filing Procedure
    1. Any endorsement electronically submitted to the Insurance Department on behalf of DCRB members by the DCRB must be electronically submitted for approval by the DCRB. For filing procedure details refer to Section 3.
    2. Non Standard Endorsements filing procedure, refer to Section 3.
  5. Binders
    1. A copy of the binder must be electronically submitted to the DCRB on an approved form with all required endorsements attached no later than thirty days after its date of inception.
    2. The binder must contain the classification codes and Carrier Rating Values applicable to the employer in accordance with the assignment issued by the DCRB or in accordance with the Classification Rules of this Manual if no specific DCRB assignment has been made.
    3. A binder must be replaced with a short-term policy covering the amount of time the binder was in effect or replaced with a full-term policy including the time period the binder was in effect.

I. POLICY CORRECTIONS

If the DCRB finds that a policy requires correction to conform to Manual rules or classifications, the carrier shall be notified by electronic error message. Such policy shall be corrected and a copy of the correcting endorsement shall be electronically submitted to the DCRB no later than thirty (30) days after notification.

J. MEDICAL CONTRACTS

  1. Medical contracts and agreements between insurance carriers and insured employers where medical service or supplies are furnished by the employer in consideration of a reduced premium or other consideration cannot be made.
  2. Insurance carriers may not furnish medical equipment or hospital supplies to the insured’s employer.
  3. Medical agreements with physicians and nurses must be in the form of a written contract and must be electronically submitted to the DCRB within thirty days of the effective date of the agreement.