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10. Why are the 10 QCARE standards presented in this order?

  • #1 – Loss of the “exclusive remedy rule” immediately highlights the rights of the injured worker, and provides context to all of the benefit plan design requirements #3 to #8.

  • #2 – State law compliance is important.  ARAWC is NOT advocating for a federal takeover of workers’ compensation.  Also, federal employee benefit laws (ERISA) do NOT preempt (or knock out) all state-level control.  ARAWC is supporting the Texas Division of Workers’ Compensation in its current (and no expanded) mission to gather information on employers that do not provide workers’ compensation insurance coverage.

  • #3 through #8 all deal with injury benefit plan design, so they are grouped together.

  • #9 and #10 (insurance and approved claims administration) also go together.  They are placed at the end because QCARE is primarily focused on employee legal rights and the need for employers to deliver quality injury benefits.

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