2025 Code of Georgia
Title 34 - Labor and Industrial Relations (Chs. 1 — 15)
Appendix A - Rules and Regulations of the State Board of Workers’ Compensation
Rule 126 - Proof of Compliance With Insurance Provisions

• (a) Every employer insured by a licensed insurer shall have proof of coverage documented by its insurer directly with a Licensed Rating Organization through their policy information system. Every employee leasing company shall have proof of coverage documented with a Licensed Rating Organization of the initiation or termination of any contractual relationship with a client company; for the purposes of this Rule, the term employee leasing company shall refer to both; (1) any employee leasing company defined in O. C. G. A. § 34-8-32, and (2) any professional employer organization as defined in O. C. G. A. § 34-7-6. Reports will be made to the Licensed Rating Organization pursuant to procedures outlined by the Licensed Rating Organization and approved by the Georgia State Board of Workers’ Compensation.

  • (1) The proof of coverage documented with a Licensed Rating Organization is evidence that coverage is in effect until superseded or terminated.

  • (2) Termination

    • (i) Non-renewals

      • The expiration date documented by a Licensed Rating Organization shall be considered the date of termination on all non-renewals.

    • (ii) Mid-term cancellation by a licensed insurer

      • A mid-term cancellation by a licensed insurer documented with a Licensed Rating Organization is evidence that coverage is terminated, effective not less than 15 days after filing except where the provisions of Title 33 provide for an earlier effective date.

• (b) Group self-insurance funds operating pursuant to the Georgia Workers’ Compensation Act shall file with the Board a separate report for each insured member employer on Standard Coverage Form WC-11 on or before the effective date of coverage.

  • (1) The filing of Form WC-11 is evidence that coverage is in effect until superseded or terminated.

  • (2) The filing of a cancellation by a group self-insurer fund on Form WC-11 is evidence that coverage is terminated, effective not less than 15 days after filing.

  • (3) If the insured member employer operates under different trade names or d/b/a (“doing business as” name), a separate Form WC-11 must be filed for each trade name, properly cross-referenced.

  • (4) Group self-insurance funds shall file a separate Form WC-11 for each insured member of the fund.

• (c) Self-insurers must give written notice to the Board when they add or delete subsidiaries, affiliates, divisions or locations to their self-insurance certificate, or make any changes in their excess insurance policies. (See Rule 382(d).)

Annotations

Notes

The revision effective July 1, 1996, added subsection (c).

The revision effective July 1, 1997, made a minor stylistic change in subsection (c).

The revision effective July 1, 1998, added the sentence in subsection (a); and substituted “Rule 382(d).)” for “Rule 382(d).” at the end of subsection (c).

The revision effective July 1, 1999, rewrote subsection (a).

The revision effective July 1, 2005, inserted “by a licensed insurer” in both paragraphs of (a)(2)(ii) and inserted “by a group self-insurer fund” in paragraph (b)(2).

The revision effective July 1, 2009, inserted “or d/b/a (‘doing business as’ name)” in paragraph (b)(3), deleted “by July 1, 1987” at the end of paragraph (b)(4), and deleted “addressed to the Director of Licensure and Quality Assurance” preceding “when they add” in subsection (c).

JUDICIAL DECISIONS

Filing of new insurance coverage by another insurer was evidence that the coverage shown thereon superseded the coverage previously in effect, and since the previous coverage was thus superseded, there was no necessity for the previous insurer to file a report of cancellation, which is merely evidence that coverage is terminated. American Centennial Ins. Co. v. Flowery Branch Nursing Center, 258 Ga. 222, 367 S.E.2d 788, 1988 Ga. LEXIS 183 (1988) (decided under facts existing prior to 1987 revision).