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WCIRB RECOMMENDS 22% INCREASE IN PURE PREMIUM RATES EFFECTIVE JANUARY 1, 2010

San Francisco, CA – This week the Workers Compensation Insurance Rating Bureau (WCIRB) announced it would submit a filing to the California Department of Insurance (CDI) recommending an approximate 22.8% increase in pure premium rates (or "claims cost benchmark") effective January 1, 2010.

“It’s a long way from happening as this must go to the Insurance Commissioner [for approval, rejection or amendment] and companies can file different rates,” said Scott Hauge, IBA West member and president of Small Business California in an email message to members. Ultimately, the pure premium rate is purely advisory and the Department of Insurance does not set workers’ compensation insurance rates.

The WCIRB applied essentially the same methodology it used to develop the July 1 filing, but they did consider the California Department of Insurance's request to revise the increase in light of the current recession and that fact that employment is down across the state.

"If we had done everything the same as in the July 1 filing, the 23 would be like a 27," Dave Bellusci, the bureau's chief actuary, reported to the Workers’ Comp Executive.

“Last month, I rejected WCIRB's request to increase the Cost Claims Benchmark, in part because I found that insurers were inefficient and were not fully using available tools to control costs,” said Insurance Commissioner Steve Poizner in a statement.

“Instead of striving to control medical costs, I found that insurers were attempting to pass unsupported costs along to employers in the form of rate increases. They must work to be as efficient as their self-insured counterparts,” said Poizner.

"There are strong similarities between large self insurers and insurance companies but it's also fair to say that the infrastructure supporting these operations is very different," said William Zachry, V.P. of Risk Management at Safeway.

The WCIRB recommendation is based on two principal components. First, the WCIRB's evaluation of March 31, 2009 loss experience produces an indicated increase in the claims cost benchmark of 16%. This indicated increase is primarily the result of increased medical costs.

This trend was confirmed by Zachry who noted that his company and other larger self-insurers are definitely seeing an increase in medical costs.

In addition, the WCIRB's analysis of anticipated cost increases stemming from three recent Workers' Compensation Appeals Board decisions (Ogilvie v. City and County of San Francisco, Almaraz v. Environmental Recovery Services and Guzman v. Milpitas Unified School District) indicates an additional increase of 5.8%. The third case is currently on appeal.

The WCIRB expects to submit its pure premium rate filing to the CDI on or around August 18, 2009. Once the filing is submitted, it may be viewed or downloaded from the Regulatory Filings section of the WCIRB website. (wcirbonline.org).