31A-40-209 - Workers' compensation.
31A-40-209. Workers' compensation.
(1) In accordance with Section 34A-2-103, a client is responsible for securing workers'compensation coverage for a covered employee.
(2) Subject to the requirements of Section 34A-2-103, if a professional employerorganization obtains or assists a client in obtaining workers' compensation insurance pursuant toa professional employer agreement:
(a) the professional employer organization shall ensure that the client maintains andprovides workers' compensation coverage for a covered employee in accordance with Subsection34A-2-201(1) or (2) and rules of the Labor Commission, made in accordance with Title 63G,Chapter 3, Utah Administrative Rulemaking Act;
(b) the workers' compensation coverage may show the professional employerorganization as the named insured through a multiple coordinated policy, if:
(i) the client is shown as an insured by means of an endorsement for each individualclient;
(ii) the experience modification of a client is used; and
(iii) the insurer files the endorsement with the Division of Industrial Accidents asdirected by a rule of the Labor Commission, made in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act;
(c) at the termination of the professional employer agreement, if requested by the client,the insurer shall provide the client records regarding the loss experience related to workers'compensation insurance provided to a covered employee pursuant to the professional employeragreement; and
(d) the insurer shall notify a client if the workers' compensation coverage for the client isterminated.
(3) In accordance with Section 34A-2-105, the exclusive remedy provisions of Section34A-2-105 apply to both the client and the professional employer organization under aprofessional employer agreement regulated under this chapter.
(4) Notwithstanding the other provisions in this section, an insurer may choose whetherto issue:
(a) a policy for a client; or
(b) a multiple coordinated policy with the client shown as an additional insured by meansof an individual endorsement.
Enacted by Chapter 318, 2008 General Session