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2016-04-25_GENERAL DOCUMENTS - C1994082 (8)
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2016-04-25_GENERAL DOCUMENTS - C1994082 (8)
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Last modified
8/24/2016 6:21:08 PM
Creation date
4/26/2016 12:59:59 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1994082
IBM Index Class Name
General Documents
Doc Date
4/25/2016
Doc Name
Motion of the Debtors and Debtors in Possession
From
United State Bankruptcy
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
MPB
JRS
JHB
Media Type
D
Archive
No
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Case 16-42529 Doc 53 Filed 04/13/16 Entered 04/13/16 12:50:57 Main Document <br />Pg 11 of 31 <br />and (b) Underwriters Safety & Claims ("US&C" and, with CCMSI, the "Third -Party <br />Administrators"). 16 The Third -Party Administrators separately invoice the Debtors twice <br />monthly for the Non -Wyoming Workers' Compensation Claims they administer, and the Debtors <br />pay for the funding of those claims twice per month in arrears. As of the Petition Date, the <br />Debtors owe two weeks' of payments based on the Non -Wyoming Workers' Compensation <br />Claims administered by the Third -Party Administrators, in the approximate amount of <br />$320,000.' � <br />24. In exchange for administering the Workers' Compensation Claims, the <br />Debtors pay certain administrative fees (collectively, the "Workers' Compensation <br />Administrative Fees") to the Third -Party Administrators. The Debtors pay Workers' <br />Compensation Administrative Fees to the Third -Party Administrators quarterly in arrears based <br />upon, among other things, the number and type of claims submitted during the prior quarter. <br />On average, the Debtors pay CCMSI and US&C approximately $45,000 per quarter, combined, <br />for Workers' Compensation Administrative Fees. As of the Petition Date, the Debtors estimate <br />that they owe approximately $51,000 in Workers' Compensation Administrative Fees to the <br />Third -Party Administrators. <br />16 The Debtors employ CCMSI as a third -party administrator for most of the Non -Wyoming Workers' <br />Compensation Claims. The Debtors employ US&C as a third -party administrator for the Non -Wyoming <br />Workers' Compensation Claims that CCMSI does not handle, namely: (a) the Federal Black Lung Claims <br />and certain state workers' compensation black lung claims and (b) certain Non -Wyoming Workers' <br />Compensation Claims relating to certain obligations of Patriot Coal Corporation ("Patriot") that were <br />placed back with the Debtors after Patriot's second bankruptcy case. <br />17 Both Third -Party Administrators are entitled to maintain a loss fund, which they may access, in certain <br />circumstances, to satisfy the claims they administer. From time to time the Debtors may be required to <br />replenish funds in these loss funds. <br />-11- <br />
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