Workers Compensation Update Recent reforms and notable issues for reinsurers
description
Transcript of Workers Compensation Update Recent reforms and notable issues for reinsurers
Workers Compensation UpdateRecent reforms and notable issues for
reinsurers
Gerald T. Yeung
May 2007
2
Table of Contents
California – Impact of Reform 3
California - Industry Results 4
California - Legislative / Regulatory Update 8
California – Excess Loss Factors 9
New York - Industry Results 10
New York – The Case for Reform 12
New York - Legislative Update 13
Catastrophe Risk Management 14
3
CaliforniaImpact of Reform
4
California Industry Results
5
California Industry Results
6
California Industry Results
7
California Industry Results
Industry Reserve Deficiency (Redundancy) Based on WCIRB Estimated Ultimate Losses
8
California Legislative / Regulatory Update
Legislative activity
AB 1212 would direct DWC to increase PD benefits based on empirical studies
AB 644 introduces stricter rules for medical utilization review
AB 1073 eases caps on chiropractic, physical and occupational therapy
SB 942 provides more causes of action against employers who discriminate against workers comp claimants
Regulatory activity
Pressure on Division of WC to raise “future earnings capacity” multiplier
Stiffer medical utilization review penalties
Governor’s initiative for 24-hour medical care
Court Cases
Appeals Board reverses earlier adverse decisions regarding applicability of the old Permanent Disability schedule
Apportionment decision pending
Ratings under the new schedule may be rebutted by expert testimony
9
California Excess Loss Factors
Current loss elimination ratios are as of 7/1/03
Update using same methodology
Stochastic loss development
On-level for impact of legislative changes on severity only
Fitted severities above $2M per accident limit
Proposed loss elimination ratios effective 7/1/07 are higher than current above $75,000 per accident limit
Large claims do not appear to benefit as much from reform
Hazard groups not updated with this change
10
New York Industry Results
Rate Change History
The New York Insurance Department disapproved a filed increase of +7.5% proposed to be effective October 1, 2006.
Source: New York Insurance Department
11
New York Industry Results
Loss & LAE Ratios
Source: Industry Annual Statement
Year Direct Premiums Written ($000) Loss & LAE Ratio
2001 2,012,166150.1%
2002 3,384,234 77.8%
2003 3,394,215 80.4%
2004 3,430,756 83.6%
2005 3,752,558 86.3%
12
New York The Case for Reform
Second highest average workers compensation costs in the country
Lower than average benefits
Last increase in weekly benefits was in 1992
High permanent partial costs
Lifetime benefits
12% of cases but 73% of costs
High incidence of fraud in the system
13
New York Legislative Update
Increase maximum weekly disability benefit from $400 per week to $600 per week by 2009 and index it to two-thirds of the State Average Weekly Wage thereafter
Raise the minimum weekly benefit from $40 to $100
Increase maximum weekly death benefit from $600 per week to $900 per week by 2009 and index it to the State Average Weekly Wage thereafter
Impose a cap on permanent partial disabilities from 225 weeks to 525 weeks depending on degree of loss of wage-earning capacity
Allow claimants to petition to raise the cap in cases where their disability is 80% or greater
Eliminate the Special Disability (Second Injury) Fund
Increase civil and criminal penalties to combat workers compensation fraud
Mandate fee schedules to manage costs for pharmaceuticals and durable goods
Modify and review the role of the New York Compensation Insurance Rating Board (NYCIRB)
14
Catastrophe Risk Management Considerations
Multi-claimant occurrences associated with industrial classifications (e.g. explosions, auto accidents)
Get different views on catastrophic risk
Models differ in casualty rates, frequency assumptions
Do severities need adjustment? (e.g. medical inflation)
Evaluate your data
Employee count, construction, number of stories
Required data granularity depends on peril insured (e.g. terrorism vs. earthquake)