Santa Maria & Company Risk News
  March 2009
Dear Janelle,

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FLASH REPORT!
Bureau Calls For 24.4 % Increase
wc Under intense pressure to hold rates down the Governing Committee of the WCIRB, minutes ago, approved a 24.4% mid-term rate increase. It will be effective with new or renewal polices on or after July 1st, 2009. The Governing Committee withstood political calls for a lower filing and political pressure in favor of a rational approach to the reality of the situation. The meeting lasted nearly three hours.

Yesterday, Workers' Comp Executive broke the news that the WCIRB actuarial committee was recommending a 27% increase attributing the causes to both medical cost inflation and specifically a 7% component increase to the recent en banc decisions by the Workers' Comp Appeals Board (WCAB). The article also reported that this would likely bring an ignoble end to Governor Arnold Schwarzenegger's 2004 workers' comp reform.

Late in the afternoon Governor Schwarzenegger responded and issued a public letter to Insurance Commissioner Steve Poizner expressing dismay at the effect such an increase would have on California business. The Governor referenced the WCAB decisions, saying they were inconsistent with the law and expressing confidence they would not stand through the appellate process.

The Governor also referenced Poizner's reduction of the recommended 16% rate increase last time in favor of a 5% increase and asked him "to demonstrate his understanding of the issue" and to reject the currently proposed increase. Poizner has an exploratory campaign for Governor underway.

Camille Anderson, spokeswoman for Governor Schwarzenegger's office, asked if the governor understood the Commissioners rate decision is not binding upon carriers, replied "The governor understands how it works. He's just advocating for lower rates."

The Meeting

The WCIRB vote was 7 to 2 with labor and business opposed in the person of Emily Clayton sitting in for Angie Wei , of the California Labor Federation, joined by Bruce Wick of the California Association of Specialty Contractors representing the business seat.

The components of the rate broke down as follows: 5.8 % of the increase is directly attributed to the WCAB decisions. The Committee in general agreed that this level is at the low end of conservative assumptions, that it could develop higher and that it will be monitored closely.

As for the rest of the increase, a significant portion was attributed to what was disallowed by Commissioner Poizner last time, sort of a it's time to pay the piper sooner or later scenario. Of the remaining portion four factors - each about equal -create the numbers.

First, increases in medical losses from accident years '06 and '07 are developing at a higher than expected (or predicable) cost; Second, the '08 medical severity has developed significantly higher; Third, wages are down significantly and expected to drop further, so less premium has to be balanced against the predictable losses per thousand of less payroll; and Fourth, changes in the medical inflation rate from 5% to 7% contribute its share.

Regarding the State Compensation Insurance Fund: The same methodology as was used last time was employed this time. That is, excluding SCIF's medical loss development for the time being, and including only 50% of SCIF's Loss Adjustment Expenses. Note that if SCIF's medical was included, the filing would have been 2 to 3 percentage points higher but because of SCIF's backlog it was felt that this would not present an accurate predictive reading.
A more complete analysis of the filing and the meeting will be provided to premium subscribers in the upcoming PDF edition.

-30-

Filed in San Francisco by Brad Cain and in Sacramento by Dale Debber
 
Sincerely,
 

Santa Maria & Company
phone: (925) 988-8085
In This Issue
Bureau Calls for 24.4% Increase
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March 16, 2009


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