ICRB Bylaws, Article XI “to provide an informal mechanism whereby any person aggrieved by the application of the Bureau’s filings may be heard on written request to review the manner in which such rating system has been applied in connection with the insurance afforded or offered.”
The Basic Manual, Experience Rating Plan Manual, and The Forms Manual of Workers Compensation & Employers Liability Insurance contain rules and guidelines for the issuance of workers compensation policies. The ICRB has filed these manuals and other rules with the Indiana Department of Insurance. The rules authorize the ICRB to determine classifications, experience ratings for insureds in Indiana, and decide if the rules are properly applied. On the occasion when an insured or insurance company believes that the rules are being applied inappropriately, the DRC is the appeal mechanism.
The DRC meeting is informal and not an adversarial proceeding. Each party has an opportunity to present its position. The DRC members may ask questions or clarify points of interest. The Committee dismisses the participants and meets in executive session to decide the matter. A vote is taken and the majority vote prevails. The ICRB takes minutes and informs the participants of the decision.
The Indiana Workers Compensation Insurance Plan of Operation (WCIP), Article I - Definitions, has a rule 1.15 titled "Premium Dispute." It reads:
"A dispute between an Employer and Servicing Carrier concerning a Workers Compensation Insurance premium obligation. A Premium Dispute may be established only if the Employer or its representative has provided:
(i) written notice to the insurer or the Servicing Carrier detailing the specific areas of dispute;
(ii) an estimate of the premium the Employer believes to be correct, with an explanation of the premium calculation;
(iii) payment of the undisputed portion of the premium; and
(iv) a written request that includes all information relevant to the dispute to the Plan Administrator for a hearing before the appropriate administrative or regulatory body having jurisdiction over appeals on Plan matters."