What it does
WC 00 01 02 B (Ed. 1-15) applies to work in the states shown in its Schedule that is subject to the Federal Mine Safety and Health Act (30 U.S.C. Sections 801 et seq. and 901–944). Part One applies to that work as though the state were in Item 3.A., and the act is added to the policy's definition of workers compensation law. The prior edition was titled the Federal Coal Mine Health and Safety Act Coverage Endorsement (WC 00 01 02 A).
Key provisions
- Changes the disease trigger: the last day of last exposure must fall in the policy period, or, when the last exposure occurred before July 1, 1973, the claim must first be filed against the insured during the policy period.
- Applies only in the states the carrier lists in the Schedule. NCCI's Information Page notes allow 3.A. to show "none" when the policy provides only this federal coverage.
Who needs it
Coal mine operators and other employers of miners exposed to coal dust, where the federal act's occupational disease (black lung) provisions apply. The basic policy excludes these federal obligations from Part Two (exclusion 8), so without this endorsement the employer is uninsured for that federal liability.
Quoting and selling notes
- Ask about current and historic underground and surface coal operations, years in operation, and prior carriers. Claims can arise decades after exposure.
- Under the retrospective rating endorsements, premium developed by the occupational disease rates for employers subject to this act is excluded from standard premium, and the disease portion of these losses is left out of retro incurred losses.
Related forms
Base policy WC 00 00 00; other federal endorsements WC 00 01 06 and WC 00 01 04; retrospective plan WC 00 05 03.
