FOR IMMEDIATE RELEASE
November 18, 2010
DIR Defaults California Self Insured Group
San Francisco, CA – Department of Industrial Relations (DIR) Director John C. Duncan today declared a default of the Contractors Access Program of California (CAP), a self insured group, due to insufficient funding required for continued operation.
“After remedial action was taken and CAP failed to correct deficits to meet their obligations as a Self Insured Group, I have today declared a default of CAP and am transferring the responsibility of benefit payments for injured workers to the Self-Insurers’ Security Fund,” said Duncan. “I take this necessary step to protect injured workers employed by CAP and to ensure that they will not suffer an interruption in their workers compensation claim payments. The seriousness of declaring a default of CAP brings burdens to members of the group which will be addressed fairly and equitably.”
The default means that the Self-Insurers’ Security Fund (SISF) is now responsible to ensure timely payment of workers’ compensation benefits to injured workers covered by the group. The group’s security deposit as well as their surety bond will be transferred to SISF who will immediately assume responsibilities of administering the claims.
The Self-Insurers’ Security Fund, established by the Legislature, is responsible for managing the collective liabilities of workers’ compensation claims arising when private self-insured employers or groups become insolvent.
In April of this year, DIR’s Office of Self Insurance Plans had requested that CAP file weekly reports on all assessments receive to correct a shortfall, and in May assigned the conservator Bickmore Risk Service and Consulting to manage the group’s financial affairs, including claims disbursement and other payables due. The CAP administrator prior to the conservatorship was New York based Compensation Risk Managers (CRM).
“All self insured groups in California must justify their financial viability,” said Self Insurance Plans Manager James A. Ware. “We have ordered a thorough review of all SIGs in California with funding of less than 100 percent, and continue to monitor their fiscal standing.”
Additional information on the Office of Self Insurance Plans including Self Insured Groups, current regulations relating to Self-Insured Groups, proposed rulemaking to provide additional reporting requirements for SIGs, shorten reporting timeframes and allow the Office of Insurance Plans more opportunities to monitor and verify groups’ historical as well as prospective reports is available at the DIR Web site at www.dir.ca.gov/sip/sip.html. For information about SISF visit www.securityfund.org.
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