Copyright

(c) 2010-2024 Jon L Gelman, All Rights Reserved.

Tuesday, November 26, 2013

NJ Workers Compensation Rates 2014

Revision of Rates and Rating Values – Effective January 1, 2014

The Commissioner of Banking and Insurance (“Commissioner”) has approved a 3.6%
increase in rates and rating values applicable to New Jersey workers compensation and employers
liability insurance effective January 1, 2014 on a new and renewal basis. The rating components of the increase are summarized below.

PREMIUM AND LOSS EXPERIENCE

Analysis of data for the latest two complete policy years and the latest calendar-accident
year, following adjustment to present premium and benefit levels, using paid and incurred losses
separately, indicates a premium level adjustment factor of 0.979 (-2.1%) due to experience.

A trend factor of 1.055 (+5.5%) is included to recognize changing exposures and losses.

BENEFIT CHANGES

Effective January 1, 2014, the maximum weekly benefit with respect to all types of injuries,
except permanent partial disabilities, will be changed from $826 to $843. The minimum weekly benefit will be changed from $220 to $225. In cases involving permanent partial disabilities, the present maximum weekly benefits ranging from $220 to $826, varying on the basis of duration of disability, will be changed to $225 and $843, respectively. The minimum weekly benefit for permanent partial injuries will remain at $35. The effect of the changes to the minimum and maximum weekly benefits results in a premium level adjustment factor of 1.007 (+0.7%) due to benefits.
EXPENSES

 There is need for decreases in the provisions for Loss Adjustment Expense, the Security
Fund and Bureau Expense. The changes to the expense provisions result in a premium level adjustment factor of 0.996 (-0.4%).

OVERALL PREMIUM/RATE LEVEL CHANGE

The combined effect of the above adjustment factors results in an indicated premium level
adjustment factor of 1.036 (+3.6%). The rate level adjustment is also an increase of +3.6%.

CATASTROPHE PROVISIONS

 A Terrorism Premium Charge of $0.03 per unit of exposure applies to all policies except
for the exclusions in 3:9-2 and 3:9-5 of the Manual. Upward deviation from the $0.03 rate is
permissible.

 A Catastrophe (Other than Certified Acts of Terrorism) Premium Charge of $0.01 per
unit of exposure applies to all policies except for the exclusions in 3:9-9 and 3:9-12 of the Manual.

CLASSIFICATION RATES

 The adjustment of classification rate relativity is based on the policy experience for 2006
through 2010, as reported through the Statistical Plan. The changes in the rates for the individual
classifications including those in the Admiralty and Federal Employers Liability Act coverage are
supported by, and derived from, the experience.

There are 572 classifications in the Manual effective January 1, 2014 including the codes to
accommodate Federal employments. Eight classifications carry no rate assignment. Of the remainder, 381 will experience increased rates, the rates for 167 classes will decrease, and 16 are unchanged. There are no changes to the annual policy charges for private estate or residence employees as set forth in 3:5-12 of the Manual.

In order to comply with the decision of the Commissioner, changes in manual rates for any
classification have been limited to an increase of 15% from last year’s rate. The increase percentage applicable to non "F" classifications when coverage is provided under the United States Longshore and Harbor Workers Compensation Act remains unchanged at 50%.

MINIMUM PREMIUM FORMULA

 The minimum premium multiplier is increased from 100 to 150 and the maximum
minimum premium is increased from $850 to $900. The change to premium resulting from the new
rating values in the minimum premium formula is minimal and does not impact the overall rate level.
Special minimum premiums applicable to private residence classifications and to classifications subject  to Maritime or Federal Employers Liability Act coverage are not affected.

SURCHARGES

 New Jersey law mandates application of separate policyholder surcharges to finance the
Second Injury and Uninsured Employers’ Funds. Based on the Department of Labor and Workforce
Development’s estimate of 2014 Fund requirements, the policyholder surcharge percentages effective January 1, 2014, on a new and renewal basis to be applied to the modified premium are:
Second Injury Fund 6.56%
Uninsured Employers’ Fund 0.00%

The Next Wave: N.H.L. Players Sue League Over Head Injuries

Occupational illness claims have been a traditional battleground in workers' compensation for larger and more significant lawsuits and dynamic changes in the safety of the workplace induced by economics.

From the lack of the incorporation of occupational claims in the 1911 model workers' compensation acts, in the 1950's, employers and their insurance companies sought refuge under the "exclusivity bar" of the. workers' compensation act to shield themselves from negligence actions for silicosis and asbestosis claims.

The creativity of claimant's lawyers, and the blatant intentional tort acts of unscrupulous asbestos companies, brought forth a sweeping change in the economic balance as claimants used the civil justice system to establish an avenue for adequate compensation for asbestos victims (lung cancer, asbestosis and mesothelioma claims).

Asbestos litigation, "longest running tort, continues today and is the perfect example of the societal benefits of a working civil justice system.  In fact, the same dynamic existed in: tobacco litigation, lead paint litigation, latex litigation and has been repeated many times over.

The civil justice system, not the workers' compensation system, established an economic incentive establishing a safer workplace for workers and their families.

It is more than obvious that contact sports are seeing the next wave of litigation as the employers and their insurance companies accelerate the cycle, by barring professional athletic players from even seeking workers' compensation benefits, ie. California.

Since it appears that no safe helmet can be manufactured to protect the mayhem of some contact sports, the business of sports will be the next "industry" to experience economic incentives to make the workplace safer. The higher education system will just have to find another economic engine to fund colleges and university and stop luring students to play dangerous sports in hope of winning the professional sports lottery.

First football, now hockey, are emerging targets of the civil justice system as the economics of safety takes hold and the need for safety takes hold. Today's post is shared from the nytimes.com.

Ten former N.H.L. players sued the league Monday for negligence and fraud, saying the sport’s officials should have done more to address head injuries but instead celebrated a culture of speed and violence.

The players, who were in the league in the 1970s, ’80s and ’90s, filed their suit in federal court in Washington. One of the lead lawyers is Mel Owens, a former N.F.L. player who has represented scores of other retired players in workers’ compensation cases.
[Click here to see the rest of this post]


….

Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Monday, November 25, 2013

A Reference Guide for Controlling Health Hazards to Hospital Workers

The bad news is that hospital workers have extremely high injury rates compared to other occupations.

The good news is that there are many practical and proven ways to avoid these injuries. A supplemental issue of New Solutions: A Journal of Environmental and Occupational Health Policy offers a new free report that describes over 30 health hazards to hospital workers and over 150 ways to avoid them.

In Controlling Health Hazards to Hospital Workers: A Reference Guide, specialists in occupational medicine from the United States and India describe ways to control everything from anesthetic gases to X-rays.

Hazards addressed include lifting and other ergonomic hazards, communicable diseases, hazardous drugs, chemicals, radiation, violence, stress and shift work. The researchers have summarized the literature on controlling these hazards by engineering means such as ventilation, shielding, automation, and administrative changes in procedures.

Each section describes the hazard, the literature on controls and internet resources where the reader can find more information. There are also general tips about identifying hazards and setting priorities.

The Mount Sinai School of Medicine and the New York State Nurses Association have made this supplemental issue of New Solutions (Baywood Publishing) available for free in order to reach healthcare professionals and hospital workers around the world. “It will be great for hospitals to have all this information in one resource guide,” said Professor Somashekhar Nimbalkar, one of the authors. “We will be sure to send it around to every hospital in India.”

The report, Controlling Health Hazards to Hospital Workers: A Reference Guide, New Solutions, Vol. 23, Supplement, 2013 can be freely downloaded at: http://baywood.metapress.com/link.asp?id=j676v4ul5026

The report will also be posted on the web site of the New York State Nurses Association at www.nysna.org/HealthHazards.pdf
 ….
Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Boeing warns 15 airlines of high-altitude ice problem for Dreamliner

Aviation safety is again in the news as Boeing issues are notice to 15 major airlines worldwide of concern about engine freezing in their new Dreamliner at higher altitudes. Today's post is shared from Reuters.com
Boeing plans to raise production of the 787 Dreamliner to 12 per month by 2016
Fifteen airlines have been warned about the risk of ice forming on Boeing's new 747-8 and 787 Dreamliner planes.

The issue - affecting some types of engines made by General Electric when planes fly near high-level thunderstorms - prompted Japan Airlines to cancel two international routes.

There have been six incidents since April when aircraft powered by GE engines lost power at high altitude.

These are the latest technical issues to hit the Dreamliner.

They saw the entire fleet being grounded earlier this year following battery problems.

The Boeing 747-8 series and the new 787 Dreamliner are the only types of aircraft affected by the high-altitude icing issue.

The new warning was given to airlines including Lufthansa, United Airlines and Japan Airlines.
It says aircraft with the affected engines - GE's GEnx - must not be flown within 50 nautical miles of thunderstorms that may contain ice crystals.
As a result, Japan Airlines (JAL) has decided to withdraw Dreamliners from service on the Tokyo-Delhi and Tokyo-Singapore routes.

"Boeing and JAL share a commitment to the safety of passengers and crews on board our airplanes. We respect JAL's decision to suspend some 787...
[Click here to see the rest of this post]

California Workers' Compensation Rates Going Up in 2014

Despite the fact that recent legislation in California limited access to the Worker's Compensation system even further, and imposed medical treatment review procedures without the availability of an adversary system, worker's Compensation rates are increasing in 2014.
Insurance Commissioner Dave Jones today adopted an advisory average pure premium rate of 2.70 dollars per 100 dollars of employer payroll for workers compensation rates effective January 1, 2014.

The adopted amount is lower than that proposed by the Workers' Compensation Insurance Rating
Bureau of California's (WCIRB). The WCIRB's proposed advisory average rate was $2.75 per $100 of payroll.

The WCIRB's proposed advisory average pure premium rate is 8.7% ($2.75 per $100 of payroll) above the industry's average filed rates as of July 1, 2013 and the adopted pure premium rate ($2.70 per $100 of payroll) is 6.7% above the industry's average filed rates as of July 1, 2013.

Commissioner Jones, the WCIRB and the public members' actuary all agree that the overall impact of SB 863 (2012) continues to result in savings for the workers' compensation system.

The California Department of Insurance continues to observe that medical and indemnity losses are outpacing wage growth and consequently, the average advisory pure premium will increase in 2014.
Media Note:
  • The commissioner's pure premium decision is advisory only. Pursuant to California law, the commissioner does not set or have authority over workers' compensation insurance rates. The commissioner's advisory pure premium rate is not predictive of what an individual insurance company may charge its policyholders because the review of pure premium rates is just one component of insurance pricing. 
  • Workers' Compensation Insurance Rating Bureau of California

Parsippany NJ settles $54,000 workers' comp dispute with ex-construction official

Sick Leave Benefits were the subject of a $54,000 settlement where the employee received temporary disability benefits and a NJ municipality attempted to dock the employee of benefits. Today's post is shared from The Star Ledger nj.com

The township has agreed to pay its former construction official $54,063 to settle a workers' compensation dispute that surrounded sick days that were docked from his accrual bank.

"Authorities have reached a settlement agreement and release with Edward J. Corcoran, retired construction official," Councilman Paul Carifi Jr. said at the Nov. 12 council meeting.

 "He received workman's compensation, and at times he was unable to return to work. From Feb. 27 to May 31, sick-day payments were docked from his sick day accrual bank. He disputes the docking from his sick day bank. While not admitting any liability or fault, the township and Corcoran have engaged in a settlement."

Corcoran had been employed as the township's construction official since July 21, 1994, according to the Nov. 13 settlement agreement.. On Jan. 23, he was injured in a work-related incident and unable to return to work, and began receiving workers' compensation temporary disability payments, the settlement said.

On Jan. 29, Corcoran was evaluated at Concentra Urgent Care, and on Feb. 1, Concentra determined he reached maximum medical improvement — meaning treatment would no longer improve his medical condition, and benefits would be terminated.
On Feb. 26,...
[Click here to see the rest of this post]
….

Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

The Affordable Care Act, brought to you by ……… the Republicans!

Many might now welcome a Nixon ticket.
Today's post comes from guest author Jay Causey, from Causey Law Firm.

     Looking for information in the media that is supportive of the nation’s transition to the Affordable Care Act (ACA), aka “Obamacare?”  At the moment Republican and right wing noise is drowning out much of the lower–decibel cheerleading by the Administration on why this is a good thing.
In 1974, Pres. Richard Nixon proposed what is essentially the 2010 healthcare act – all but the smallest employers would provide medical insurance to their employees or pay a penalty, expansion of Medicaid would insure the poor, and subsidies would be provided to low–income citizens and small employers.
     In a recent op-ed piece, former Secretary of Labor under President Clinton and leading economic expert, now at the University of California, Berkeley, Robert Reich summed up the history of the origin of “Obamacare,” pointing out the irony of the right wing’s fuss over it.
     In 1974, Pres. Richard Nixon proposed what is essentially the 2010 healthcare act – all but the smallest employers would provide medical insurance to their employees or pay a penalty, expansion of Medicaid would insure the poor, and subsidies would be provided to low–income citizens and small employers. While private insurers liked this plan, Democrats favored a system more like Social Security and Medicare, so there was no consensus.
     Fast-forward to 1989, and the right–leaning Heritage Foundation proposed a plan that would mandate all households obtaining adequate insurance. This plan worked its way into several bills introduced by Republicans in 1993, supported by Senators Hatch (R–Utah) and Grassley (R–Iowa), along with subsequent Speaker of the House, Newt Gingrich, all now vocal opponents of the ACA.
     When in 2004 Massachusetts Gov. Mitt Romney made the original Nixon plan the law in his state, with the same mandate to buy private insurance, he said, “we got the idea of an individual mandate from Newt Gingrich, and he got it from the Heritage Foundation.”
     Health insurance companies, now retooling their policies around the individual mandate, are jubilant about the possibilities of long–term membership growth through the insurance exchanges. These giant corporations have traditionally supported conservative and Republican politics.
     So as Reich notes – – why are Republican spending so much energy trying to sabotage the ACA, and act they designed and about which a huge sector of their patrons are wildly enthusiastic? The answer: it is the singular achievement of the Obama Administration, the head of which is still considered by a large segment of the right to Illegitimately occupy the White House.
     Reich goes on to observe that had the Democrats prevailed on the idea of a system built on the Social Security and Medicare model – – cheaper, simpler, and more widely accepted by the citizenry – – Republicans would nevertheless be making the same noise.