OAR 836-042-0025
Workers’ Compensation Filings Standards for Unfair Discrimination

(1)

Except for revisions solely attributable to legislative enactments, changes in administrative rules or orders, or approved by the Director to prevent an impairment, or applying to state agencies, workers’ compensation insurance rates, rating plans, rating systems or provisions for claim payment are unfairly discriminatory if either:

(a)

Revision of a rate, rating plan or rating system is filed to become effective within six months of the effective date of a corresponding rate, rating plan or rating system previously established pursuant to OAR 836-042-0015 (Workers’ Compensation Filings — Procedural Rules for Insurers and Rating Organizations) by the filing insurer; or

(b)

The rating system does not contain rules specifying that a revision of a rate, rating plan or system shall not apply to an insured until an anniversary rating date at least 11 months and 16 days subsequent to the earlier of the preceding anniversary rating date or the preceding policy effective date established for an insured unless approved by the Director to apply to all policies in force on a common date; or

(c)

Premium rates are based on provisions for claim payment filed by a licensed rating organization which are not the provisions most recently approved or premium rates are determined by multiplying superseded provisions by a factor; or

(d)

Provisions for claim payment to be used by an insurer as a basis for premium rates are revised to be effective on a date other than the date of a revision approved for a licensed rating organization.

(2)

Workers’ compensation insurance rating plans or rating systems are presumed to be unfairly discriminatory, unless demonstrated otherwise, if either:

(a)

A rating plan or rating system which produces only credit modifications to an insured’s premiums is offered at the option of the insurer;

(b)

The modification of the premium or premium rates applicable to an insured cannot be quantitatively determined by the Commissioner except for the uncertainty of estimated exposures; or

(c)

An insurer has filed two or more schedules of premium rates without providing a clear rule for deciding which schedule is to be applied to an insured.

(3)

Premiums are unfairly discriminatory if differentials between insureds fail to reasonably reflect the differences in expected losses and expenses to the insurer attributable to the insureds. Workers’ compensation insurance rates, rating plans or rating systems are not unfairly discriminatory when different premiums result or different rates apply to insureds if:

(a)

Differences in loss exposures, expense factors or investment income opportunity to an insurer can be attributed to the insureds; and

(b)

The differences are reasonably reflected by the rates, rating plan or rating system.

Source: Rule 836-042-0025 — Workers’ Compensation Filings Standards for Unfair Discrimination, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=836-042-0025.

836–042–0001
Statutory Authority 836–042–0005
Definitions 836–042–0015
Workers’ Compensation Filings — Procedural Rules for Insurers and Rating Organizations 836–042–0020
Insurers Must Demonstrate Statistical Reporting Ability 836–042–0025
Workers’ Compensation Filings Standards for Unfair Discrimination 836–042–0035
Workers’ Compensation Policy Forms Filings by Insurers 836–042–0040
Statutory Authority 836–042–0043
Definition 836–042–0045
Workers’ Compensation Statistical Plan 836–042–0050
Statutory Authority 836–042–0055
Definitions, Payroll Inclusions and Exclusions 836–042–0060
Conditions for Division of Payroll of Individual Employees 836–042–0070
Statutory Authority and Purpose 836–042–0075
Definitions 836–042–0080
Rate Filing Requirements and Standards 836–042–0085
Statistical Data Maintenance and Reporting Requirements 836–042–0090
Trade Practices Found Injurious to the Insurance-Buying Public 836–042–0100
Statutory Authority and Purpose 836–042–0105
Definitions 836–042–0110
Rate Filing Requirements 836–042–0115
Trade Practices Found Injurious to the Insurance Buying Public 836–042–0201
Statutory Authority 836–042–0205
Definitions 836–042–0210
Rating Plans for which Employers May Be Combined 836–042–0215
Consent to Group Rating Required Before Policy Issuance 836–042–0220
Filing Requirements and Procedural Rules 836–042–0225
Criteria for Grouping 836–042–0300
Statutory Authority 836–042–0302
Definitions 836–042–0304
Fictitious Arrangement Prohibited 836–042–0306
Premium Rates 836–042–0308
Statistics 836–042–0310
Producers 836–042–0312
Compulsory Participation Prohibited 836–042–0314
Tie-In Sales Prohibited 836–042–0316
Disclosure Required 836–042–0318
Underwriting Standards 836–042–0320
Cancellation and Non-Renewal 836–042–0322
Compulsory Facilities 836–042–0400
Statutory Authority 836–042–0405
Definitions 836–042–0410
Commercial Risks 836–042–0415
Day Care Facilities 836–042–0420
Anniversary Filings 836–042–0425
Statistics 836–042–0430
Disclosure Required for Day Care Facilities 836–042–0501
Statutory Authority 836–042–0505
Definitions 836–042–0510
Rates, Rating Plans System — Prior Review 836–042–0512
Specified Commercial Liability Markets 836–042–0515
Commercial Liability Filings — Procedural Rules for Insurers and Rating Organizations 836–042–0520
Supporting Data
Last Updated

Jun. 8, 2021

Rule 836-042-0025’s source at or​.us