Laserfiche WebLink
EWC MOC 7/1/2012 Page 6 of 10 <br />Compensation Act to be employees for the purposes of workers’ <br />compensation. <br /> <br />III. ADMINISTRATION AND REPORTING OF CLAIMS: The Covered Party shall <br />be responsible for the investigation, settlement, defense or appeal of any claim <br />made or suit brought, or proceeding instituted against the Covered Party, and <br />the Covered Party shall have the duty to give immediate notice to the Authority <br />upon learning of any of the following: <br /> <br />A. Any occurrence for which total incurred (paid to date plus remaining <br />reserves) exceeds 50% of the Covered Party’s Retention; <br /> <br />B. Any occurrence which causes serious injury to two or more <br />employees; <br /> <br />C. Any occurrence which results in: <br /> <br />1. A fatality; <br />2. An amputation of a major extremity; <br />3. Any serious head injury (including skull fracture or loss of sight of <br />either or both eyes); <br />4. Any injury to the spinal cord; <br />5. Any second or third degree burn of 25% or more of the body; <br />6. A permanent total disability as defined in the Workers' <br />Compensation Act of the State of California; <br /> <br />D. The reopening of any case in which a further award might exceed 50% <br />of the Covered Party’s retention. <br /> <br />The Covered Party shall not make any voluntary settlement or voluntarily make <br />a lump sum payment or commutation or one -time payment in lieu of periodic <br />indemnity payments to employees or their dependents involving loss to the <br />Authority except with the prior written consent of the Authority. <br /> <br />The Covered Party shall promptly forward to the Authority any requested <br />information on individual occurrences claims, or cases, and shall provide such <br />information to the Authority within thirty (30) days in a form satisfactory to the <br />Authority, including the amounts paid and the estimated future payments or <br />outstanding reserves. <br /> <br />The Authority, at its own election and expense, shall have the right to participate <br />with the Covered Party in, or to assume in the name of the Covered Party, <br />control over the investigation, settlement, defense, or appeal of any claim, suit, or <br />proceeding which might involve liability of the Authority. <br /> <br />6.1.C. - Page 55