impossible for ideas to compete in the marketplace if no forum for
Workers’ Compensation System Overview
Contributed by TeamOne Employment Services LLC
compensation insurance covers employees for injuries that occur at work. It
was originally designed as a non-adversarial “no-fault” insurance system.
The main interest groups involved in this issue are business employers, labor
unions, insurers, health care providers, and lawyers.
are five basic types of workers' compensation benefits:
disability benefits are intended to replace 2/3 of the injured worker's
income, up to a maximum weekly benefit. Beginning 1/1/03, the maximum for
temporary disability benefits is $602 per week, increasing in steps to $840
per week on 1/1/05. Adjustments
by formula are scheduled to be made in the following years for injuries
occurring 1/1/06 and thereafter. Maximum
permanent disability benefits are $230 per week as of 1/1/03 for those
claiming 70 percent or less permanent disability, and $270 per week by 1/1/06
for those claiming 70 percent or more. The assessment of the injured worker's
permanent impairment and limitations is made by either the treating physician
or a "Qualified Medical Evaluator” (QME). The treating physician’s
presumption was repealed with the passage of AB 749.
the 1980s, the cost of workers’ compensation insurance became an issue for
businesses in California. Worker compensation costs increased so rapidly that
by 1989, and again in 1991, reforms were first enacted.
1993, the Legislature approved significant workers’ compensation reforms.
The Legislature was trying to address a fundamental inconsistency in
California’s workers’ compensation system: it was one of the most
expensive systems in the nation, yet delivered relatively low benefits to
reforms appeared to have resulted in a significant reduction in workers’
compensation costs and there was no additional pressure for changes until 2000
due to reduced premiums.
of the primary changes in 1993 that led to lower premiums was the passage of
SB 30 (Johnston), which eliminated the “minimum rate law.” Prior to the
passage of SB 30, the State established a minimum rate below which insurers
could not sell their insurance. This
law was intended to protect the solvency of the workers’ compensation
insurers. Since the repeal of the
minimum rate law, workers’ compensation insurance has seen dramatic price
competition. Now, open pricing is the law and there has been little
legislative effort to change it.
the enactment of the 1993 reforms, insurers and businesses have continued to
argue in favor of specific and modest reforms. They also have opposed
statutory benefit increases unless those increases are accompanied by
the open rating system of SB 30, the insurance rates did not result in
unusually high profits for compensation insurers. In fact just the opposite
price competition of the past 10 years has many carriers on the financial edge
and 25 percent of the carriers have either pulled out of the market or gone
insolvent (such as Superior National). The State Compensation Insurance Fund
saw its book of business rise from 14 percent of the marketplace to nearly 50
November 2, 1999, the Insurance Commissioner adopted an
percent increase in the workers’ compensation advisory rates, indicating his
belief that rates were too low. Since then nearly every quarter has seen
advisory rate increases. This created additional pressure for the Legislature
to mandate a benefit increase.
Comp in 2002: AB 749
the election of Governor Gray Davis, labor-sponsored workers’ compensation
benefit increase bills were passed by the Legislature in each of his first
three years as Governor. The Governor vetoed each of those attempts, citing
excessive costs to business. After
three years of struggle, the Legislature reached an agreement – AB 749.
The proposal increased weekly benefits for injured workers and pledged
to implement new cost-cutting reforms to minimize the impact on California
businesses. The employer community opposed AB 749.
a July 2002, the Workers Compensation Insurance Ratings Bureau estimated that
AB 749 will increase total annual benefit costs by 17.8 percent, or $3.2
billion, by 2006. Under AB 749,
the maximum weekly benefits for temporarily disabled, and for totally and
permanently disabled workers, rose from $490 to $602 on January 1, 2003. By
2005, the maximum jumps to $840 weekly. After that, benefits increase
annually, based on a cost-of-living adjustment tied to the state average
weekly benefits for most workers with permanent but partial disabilities will
increase from $140 to $230 in 2006.
Employers are receiving premium increases for the fourth year in a row. Workers' compensation insurance premiums have gone up a minimum of 77 percent in the last four years, and employers bear the entire cost. In fact total workers' comp premiums paid by California businesses were 69% higher last year than in 2000. The extra $6.3 billion that California businesses paid in workers' comp premiums last year compared with 2000 is as big a burden as the corporations tax, California's largest business tax.
California employers pay the highest premiums in the nation, an average of $5.23 for each $100 of payroll,
California Chamber of Commerce attributes the rate increases to 4 factors:
average, insurers charge 17 percent more than the pure premium advisory rate,
which is scheduled to increase on July 1. The increases this summer will take
into account the benefit increase required by AB 749.
to studies of the California workers’ compensation insurance industry, in
2000, insurers providing workers’ compensation in California paid $1.51 in
claims and operating expenses for each $1 taken in as premiums.
The State Compensation Insurance Fund, considered the insurer of last
resort, has threatened to refuse to accept new business.
the past three years, insurance companies have either pulled out of the
California market or declared insolvency.
Doesn’t Measure Up
workers’ compensation system earned an “F” for effectiveness in a recent
study based on injuries and illnesses recorded on a log required by federal
law. The study of all states by the Work Loss Data Institute, an independent
database development company focused on workplace health and productivity,
looked at data recorded on the OSHA Form 200 to rate the performance of each
state’s workers’ compensation system.
“F” was based on data from 2000, the most recent year for which
state-by-state data is available. The seven other states and territories
receiving “Fs” were New York, Texas, West Virginia, New Jersey, Louisiana,
Rhode Island and Puerto Rico.
Nevada, Arizona and Oregon were among the nine states receiving an “A” for
their workers’ compensation system performance records, while Washington
earned a “C.”
study looked at six variables: injury and illness incidence rates, cases in
which the employee missed work, median disability durations, delayed recovery
rate, low back strain and carpal tunnel syndrome.
California ranked among the highest in the nation in median disability
durations, an element of cost. When a case requires missed work, the longer
the case is out, the higher the indemnity costs. The national average is six
days of missed work. California had an average of eight days. Only Puerto Rico
(17 days) and Texas (10 days) had higher median disability durations. New York
tied with California. The most
common condition listed in workers’ compensation claims is low back strain
and sprain, which resulted in more than 330,000 cases of lost workdays
nationwide in 2000. Although many states had a high incidence of the variety
of injuries that go under this category, California was among the four states
with the worst outcomes for this condition.
Costs to System
workers’ compensation system claim frequency decreased 3.4 percent from
2000, yet the cost of each claim for accident year 2001 was
up from $39,146 in 2000, according to the Workers’ Compensation Insurance
costs have increased more than 100 percent since 1999—even though the fees
for treatment codes have not been increased since 1984. In 1991, the average
medical cost per indemnity claim was $8,935. By 2001, the average cost per
claim had increased to $22,765. Medical inflation within the California
workers’ compensation system exceeds the national rate of medical cost
California Workers’ Compensation Institute study found that California’s
chiropractic costs rose 153 percent from 1996 to 2001, from $77 million to
$195 million, while the average number of chiropractic procedures per claim
jumped from 59 to 120. As a result, chiropractors are now the leading medical
provider in the California Workers’ Compensation system. An additional study
by the Workers’ Compensation Research Institute found that California
medical providers, especially chiropractors, treated injured workers more
often than their counterparts in other states.
Except for a slight decline in 1996, average payments to chiropractors
climbed steadily from $1,455 in 1993 to $2,556 in accident year 1998—a 76
percent increase. The CWCI study also concluded that the average total number
of chiropractic visits per claim climbed from 20.2 for accident year 1993 to
29.9 for accident year 1998—a 48 percent increase. Much of the increase was
in claims lasting one to two years or less.
The average number of claims rose 59 percent for claims in the first
year and 70 percent for claims within the first two years.
addition to medical costs, an increase in permanent partial disability (PPD)
benefits is affecting costs to the system. The system has seen significant
increases in the number of PPD claims for minor disabilities. Ninety percent
of all PPD claims are for disabilities of less than 25 percent. Eighty percent
of all medical benefit dollars are consumed by these claims and 60 percent of
all legal expenses come from these claims.
Please note that information used in this article was derived extensively from the Senate Republican Office of Policy Report Number INS-03-02, dated April 14, 2003 and from information provided by the California Coalition on Worker Compensation. It was refined and arranged to provide an unbiased and a factual presentation on the state of Worker Compensation in the State of California today.
Visit the Authors Web Site
Search Our Site
Search the ENTIRE Business
Forum site. Search includes the Business