Rule 622-1-.03(3)

Reports by Employers of Compensation and Benefits Paid; Failure to Pay Assessments

(a)  As soon as practicable after January 1 but not later than January 31 of each calendar year, the administrator shall forward to each insurer and self-insured employer a questionnaire asking for the total amount of compensation, medical benefits, and rehabilitation benefits paid by each insurer and self-insured employer during the preceding calendar year.  The total amount shall consist of all gross paid losses consisting of indemnity, medical and rehabilitation benefits paid, including those paid through deductibles and self-insured retention's.  The insurer or self-insurer may deduct from the gross paid losses those amounts the Subsequent Injury Trust Fund paid during the preceding calendar year, third party (Workers’ Compensation) recoveries, and losses under federal compensation laws.  Insurers and self-insured employers cannot use paid Workers’ Compensation Board and Subsequent Injury Trust Fund assessments to reduce gross claims payments reported.  This report is to be completed and returned to the administrator no later than March 1 of the same calendar year in which the request for this information is submitted.  Failure to submit the report to the administrator carrying a post mark date on or prior to March 1 shall result in an automatic penalty of $50.00 per day for each day the report is delinquent or 10 percent of the assessment, whichever is greater.  This penalty will be added to the assessment.

(b)  Any assessment levied or established in a specified amount shall constitute a personal debt of every employer or insurer so assessed and shall be due and payable to the Subsequent Injury Trust Fund when payment is called for by the administrator.  In the event of failure to pay any assessment upon the date determined by the administrator, the administrator may file a complaint for collection against the employer or insurer in a court of competent jurisdiction.