reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17A - Classifications for Washington workers' compensation insurance › Section 296-17A-7309 - Classification 7309

Current through Register Vol. 24-14, July 15, 2024
7309-00
Work
			 activity centers
Applies only to the people with the most severe disabilities,
				and to people with developmental disabilities whose handicaps are so severe as
				to make their productivity inconsequential, and who are included on the
				center's certificate for special minimum wage issued by the U.S. Department of
				Labor.
This classification excludes:
* All staff who operate work activity centers and all staff who
				operate sheltered workshops, even if the sheltered workshop also operates a
				work activity center, who are to be reported separately in classification 6709;
				and
* People with disabilities, including people with developmental
				disabilities, who are enrolled in sheltered workshops who are to be reported
				separately in classification 6709.
Special note :
Work activity centers differ
				  from sheltered workshops in the severity of the impairments of the
				  participants.
While the workers' compensation rates for classifications
				  7309 and 6709 are identical, the premiums for classification 7309 are
				  calculated on a piece rate basis to reflect the limited productivity of the
				  workers covered by this classification.
07-01-014, recodified as § 296-17A-7309, filed 12/8/06,
				  effective 12/8/06. Statutory Authority:
				  RCW
				   51.16.035,
				  51.04.020. 00-14-052, §
				  296-17-779, filed 7/1/00, effective 7/1/00. Statutory Authority:
				  RCW
				   51.16.035. 98-18-042, § 296-17-779,
				  filed 8/28/98, effective 10/1/98. Statutory Authority:
				  RCW
				   51.04.020(1) and
				  51.16.035. 94-12-063, §
				  296-17-779, filed 5/30/94, effective 6/30/94. Statutory Authority:
				  RCW
				   51.16.035. 85-24-032 (Order 85-33), §
				  296-17-779, filed 11/27/85, effective 1/1/86. Statutory Authority:
				  RCW
				   51.04.020(1). 84-11-034
				  (Order 84-11), § 296-17-779, filed
				  5/15/84.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17A - Classifications for Washington workers' compensation insurance › Section 296-17A-7400 - Classification 7400

Current through Register Vol. 24-14, July 15, 2024
7400-00 State government - Mental health or acute care
				hospitals without a fully implemented safe patient handling program - Patient
				or health care personnel (to be assigned only by the hospital
				underwriter)
Applies to state employees who provide any type of patient or
				health care at state-operated mental health or acute care hospitals that are
				not equipped with the required patient lifting and moving equipment as a part
				of a fully implemented safe patient handling program as defined in WAC
				296-17-35203(7)(c).
				All employees who have responsibility for mental health care or medical care of
				patients in these facilities are included in this classification.
This classification excludes: Patient or health care personnel
				working at a mental health or acute care hospital that has a fully implemented
				safe patient handling program who are to be reported separately in
				classification 7200; patient or health care personnel at health care facilities
				that do not operate as a mental health or acute care hospital who are to be
				reported separately in classification 7201; employees who work in state
				hospitals, schools or prisons who do not work directly in patient care such as
				food service, laundry, and janitorial staff who are to be reported separately
				in classification 5307; administrative field employees who are to be reported
				separately in classification 5300; clerical and administrative office personnel
				who are to be reported separately in classification 4902; law enforcement
				officers who are to be reported separately in classification 7103; volunteers
				who are to be reported separately in classification 6901; and law enforcement
				volunteers who are to be reported separately in classification
				6906.
07-01-014, recodified as § 296-17A-7400, filed 12/8/06,
				  effective 12/8/06. Statutory Authority:
				  RCW
				   51.16.035 and
				  51.16.100. 06-23-127, §
				  296-17-780, filed 11/21/06, effective
				  1/1/07.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-020 - How to read these rules

Current through Register Vol. 24-14, July 15, 2024
We have written these rules so that employers and group
				sponsors can understand how the retrospective rating program works, both
				generally and in detail. These rules are meant to be read together. Often, we
				will make simple statements in one section, followed in another section by more
				detailed explanations. We hope that the simple statements are helpful, but if
				there appears to be a conflict between the simple statements and the detailed
				explanations that follow, it is the detailed explanation that tells you what we
				do and how we do it.
Statutory Authority:
				  RCW
				  51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-020, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-030 - The language we use in these rules

Current through Register Vol. 24-14, July 15, 2024
In these rules, when we say "we," we mean the retrospective
				rating program at the department of labor and industries. When we say "you," we
				mean either an individually enrolled employer or a sponsored group.
Except when the context specifically indicates, "you" does not
				mean an individual employer enrolled in a sponsored group.
We have tried to write these rules using plain language. When
				we use a word or phrase that means other than what it might ordinarily mean, an
				explanation of the word or phrase can be found in these
				rules.
Statutory Authority:
				  RCW
				  51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-030, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-040 - Which version of these rules applies to you?

Current through Register Vol. 24-14, July 15, 2024
If you participate in retrospective rating, either as an
				enrolled employer or a group sponsor, the rules in effect on the first day of a
				coverage period are the rules that will apply to you for that coverage period,
				even if some of these rules are changed later.
Statutory Authority:
				  RCW
				  51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-040, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-100 - Individual retrospective rating

Current through Register Vol. 24-14, July 15, 2024
(1)
			 We will enroll a qualified employer who applies for enrollment for individual
			 retrospective rating. To qualify, an employer must:
(a) Have an industrial insurance account in
			 good standing;
(b) Have paid
			 standard premiums at least equivalent to the minimum premium listed in size
			 group 1, Table 1, WAC
			 296-17B-900, in the four calendar
			 quarters prior to applying for enrollment; and
(c) Apply for enrollment no later than the
			 fifteenth day of the month before the calendar quarter in which the coverage
			 period begins. The application must indicate the employer's choices regarding
			 loss limits and whether its net insurance charges will be calculated using
			 standard premiums or incurred losses as explained in these rules. The
			 application must be signed by an owner, partner, corporate officer or managing
			 member of the employer's business.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-200 - Group retrospective rating - Overview

Current through Register Vol. 24-14, July 15, 2024
In group retrospective rating, participating employers become
				members of an enrolled group sponsored by an approved organization. Employers
				continue to pay premiums directly to the department as determined by chapter
				296-17 WAC. We calculate the group's retrospective rating premiums as though
				the standard premiums paid by members of the group were paid by the sponsor,
				and claims assigned to employer members were assigned to the group sponsor.
				Group sponsors are responsible for the retrospective rating premiums for the
				coverage period enrolled. If an adjustment results in us refunding premiums,
				the refund is the property of the group sponsor. If an adjustment results in us
				assessing additional premiums, the additional premiums are the responsibility
				of the group sponsor. With limited exceptions explained in these rules, the
				department is not involved in the private contractual relationship between
				group sponsor and group member.
Statutory Authority:
				  RCW
				  51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-200, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-210 - Qualifications for sponsoring organizations

Current through Register Vol. 24-14, July 15, 2024
We will approve an organization that applies for group
				sponsorship if the organization:
(1)
			 Has been in existence for at least four years;
(2) Is an organization with dues paying
			 members; and
(3) Exists primarily
			 for some purpose other than that of obtaining or offering insurance coverage or
			 insurance related services.
Statutory Authority:
				  RCW
				  51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-210, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-220 - Qualifications for new groups

Current through Register Vol. 24-14, July 15, 2024
We will enroll a new retrospective rating group only if:
(1) We approve the organization sponsoring
			 the group;
(2) The members of the
			 group qualify for group membership;
(3) The sponsor demonstrates an acceptable
			 workplace safety and accident prevention plan for the group;
(4) The sponsor demonstrates an acceptable
			 plan for cooperating with the department's claims management
			 activities;
(5) At least half of
			 the proposed members have been dues paying members of the sponsoring
			 organization for at least one year;
(6) The standard premiums for the group
			 members for the four quarters prior to enrollment total at least one million
			 five hundred thousand dollars; and
(7) Enrolling the group will substantially
			 improve workplace safety and accident prevention for its members.
Statutory Authority:
				  RCW
				  51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-220, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-230 - Qualifications for existing groups

Current through Register Vol. 24-14, July 15, 2024
The department will reenroll an existing group if the sponsor
				asks for it to be reenrolled, and the group still meets the requirements of WAC
				296-17B-220(1) through (4) and
				(7). Existing groups must submit application
				for group enrollment, noting their plan selection, maximum and minimum loss
				ratios and single loss limit for each plan year. The application must be
				received by the department at least one month prior to the start of the new
				plan year.
Statutory Authority:
				  RCW
				  51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-230, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-240 - Enrolling a group

Current through Register Vol. 24-14, July 15, 2024
An organization seeking to sponsor a group must notify us in
				writing of its intention to sponsor a group, select the industry category, and
				indicate its loss limit choices for the group no later than two months before
				the beginning of the coverage period. Organizations that have not previously
				been approved must at that time establish that the organization qualifies for
				group sponsorship. Evidence of qualification may include bylaws or articles of
				incorporation filed with the secretary of state.
We will not enroll a new group if the sponsoring organization
				also sponsors another group in a different industry category that has not yet
				received its final adjustment for its second coverage period.
Statutory Authority:
				  RCW
				  51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-240, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-250 - Employer qualifications for group membership

Current through Register Vol. 24-14, July 15, 2024
An employer qualifies for membership in a group if the
				employer:
(1) Has an industrial
			 insurance account in good standing;
(2) Is a dues paying member of the
			 organization sponsoring the group;
(3) Is not enrolled in retrospective rating
			 either as a member of a group or individually for the coverage period;
			 and
(4) The employer satisfies the
			 homogeneity requirement of WAC
			 296-17B-260.
Statutory Authority:
				  RCW
				  51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-250, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-260 - Homogeneity

Current through Register Vol. 24-14, July 15, 2024
An employer may enroll in a group only if:
(1) We determine that the risk classes
			 appropriately assigned to the employer are related to the industry category
			 selected by the sponsoring organization for the group;
(2) The employer shares common ownership with
			 an employer enrolled in the group that satisfies the requirements of subsection
			 (1) of this section; or
(3) The
			 employer has been a member of the group since prior to July 25, 1999.
In evaluating whether an employer's risk classes are related to
				the industry category, we will consider only those risk classes that define the
				nature of the employer's business operations insured with the state
				fund.
Statutory Authority:
				  RCW
				  51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-260, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-270 - Industry categories

Current through Register Vol. 24-14, July 15, 2024
The following is the list of industry categories from which a
				sponsor must select for a group:
(1)
			 Agriculture and related services, including services related to the care and
			 breeding of animals, and all agricultural related activities including growing,
			 harvesting, packing, and processing for shipment.
(2) Automotive, truck and boat,
			 manufacturing, sales, repair and related services.
(3) Construction and related
			 services.
(4) Distillation,
			 chemicals, food and related services.
(5) Entertainment, hospitality and related
			 services.
(6) Facilities, property
			 management, maintenance and related services.
(7) Government, utilities, schools, health
			 care and related services.
(8)
			 Grocery stores, grocery distribution centers, bakeries, milk and dairy products
			 processing, delivery to customers and related services.
(9) Health care, pharmaceutical, laboratories
			 and related services.
(10) Logging
			 and wood products manufacturing and related services.
(11) Manufacturing, processing, mining,
			 quarrying, and related services.
(12) Retail and wholesale stores and
			 professional services such as banks and law firms and related
			 services.
(13) Temporary help and
			 related services.
(14)
			 Transportation, recycle, warehousing, facility maintenance and related
			 services.
Statutory Authority:
				  RCW
				  51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-270, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-280 - Enrolling an employer in a group

Current through Register Vol. 24-14, July 15, 2024
We will enroll a qualified employer in an enrolled group if the
				employer applies for enrollment and the sponsoring organization endorses the
				application. The application must be signed by an owner, corporate officer,
				partner or managing member of the employer's business, and may not be assigned
				or transferred to anyone else.
By endorsing an application, the sponsor is certifying that the
				employer is a dues paying member of the sponsoring organization. We must
				receive the endorsed application no later than the fifteenth day of the month
				before the calendar quarter the employer wishes to be enrolled for.
New applications do not need to be submitted by each member
				annually. As long as the employer maintains their account in good standing, we
				will automatically reenroll all participants in the group on an annual basis
				unless notified in writing by the employer or the group that the employer
				should be removed. This notification must be received by the last day of the
				prior coverage period.
Statutory Authority:
				  RCW
				  51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-280, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-400 - Adjustments

Current through Register Vol. 24-14, July 15, 2024
(1) We will
			 calculate your retrospective rating premiums three times for a coverage
			 period.
(2) We will pick a date
			 approximately nine months after the coverage period ends, determine your
			 standard premiums and losses as of that date, and then calculate your
			 retrospective rating premiums. If the standard premiums you have paid are
			 higher than your retrospective rating premiums, we will refund you the
			 difference. If the standard premiums you have paid are lower than your
			 retrospective rating premiums, we will send you a notice and order of
			 assessment directing you to pay us the difference.
(3) We will repeat this process of
			 determining standard premiums and losses and calculating retro premiums
			 approximately twenty-one and thirty-three months after the coverage period
			 ended, netting the retro premiums against the retro premiums paid
			 previously.
(4) For participants
			 having multiple coverage periods being adjusted at the same time, we will add
			 the adjustments together and either pay you the net amount due you or send you
			 a notice and order of assessment directing you to pay the net
			 difference.
(5) If we send you a
			 notice of assessment you will have thirty days to pay us. We will charge you
			 late penalties and interest pursuant to
			 RCW
			  51.48.210 on retrospective rating premium
			 assessments you do not pay within thirty days.
If you are enrolled individually and owe any section of the
				department money, we may withhold from your refund an amount equal to the
				debt.
Statutory Authority:
				  RCW
				  51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-400, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-410 - Calculating your retrospective rating premiums

Current through Register Vol. 24-14, July 15, 2024
Your retrospective rating premiums will be evaluated at the
				time of each annual retrospective adjustment, and will be the sum of three
				charges:
Premium administration expense charge;
Incurred loss and expense charge;
Net insurance charge.
Statutory Authority:
				  RCW
				  51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-410, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-420 - Premium administration expense charge

Current through Register Vol. 24-14, July 15, 2024
You will pay a premium administration expense charge for your
				share of the expenses of the industrial insurance program that are not directly
				related to claims administration. To determine your premium administration
				expense charge, our actuaries will multiply your standard premiums by the
				premium administration expense factor, which is seven and three-tenths percent.
				This charge is not performance adjusted.
The premium administration expense factor was determined using
				premium and expense data from fiscal years 2020 through 2022.
Statutory Authority:
				  RCW
				   51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-420, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-430 - Incurred loss and expense charge

Current through Register Vol. 24-14, July 15, 2024
You will pay for the cost of your claims and their
				administration for those injuries and illnesses occurring during your
				retrospective rating enrollment period. You can protect yourself from high
				claims costs at the claim level with the single loss occurrence limit you
				select. You can protect yourself from high claims costs at the aggregate claims
				level with the maximum loss ratio you select.
Our actuaries will determine your incurred loss and expense
				charge by multiplying your losses incurred by the performance adjustment factor
				and 112.5 percent, which is one plus the claims administration expense factor,
				currently 12.5 percent.
Data from fiscal years 2020 through 2022 was used to determine
				the claims administration expense factor.
Statutory Authority:
				  RCW
				   51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-430, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-440 - Net insurance charge

Current through Register Vol. 24-14, July 15, 2024
You will pay a net insurance charge for the protection
				provided by your single loss occurrence limit and your maximum loss
				ratio.
Your net insurance charge can be calculated as a percentage of
				either your standard premiums or your incurred loss and expense charge.
(1) If you choose to have your net insurance
			 charge calculated using your standard premiums, your net insurance charge will
			 be calculated using the following formula:
(Premium insurance charge factor - Premium insurance savings
				factor) x (Standard premiums)
Your premium insurance charge factor and premium insurance
				savings factor will depend on your maximum and minimum loss ratio choice, size
				group and hazard group, and can be found in WAC
				296-17B-910 through
				296-17B-990. If you choose a
				maximum and/or minimum loss ratio between the options found in one of the
				tables, the department will interpolate to obtain the charge and/or savings
				factors from the factors found in the tables.
(2) If you choose to have your net insurance
			 charge calculated using your losses incurred, your net insurance charge will be
			 calculated using the following formula:
(Loss insurance charge factor - Loss insurance savings factor)
				/ [1.0 - (Loss insurance charge factor - Loss insurance savings factor)] x
				Incurred loss and expense charge
Your loss insurance charge factor and loss insurance savings
				factor will depend on your maximum and minimum loss ratio choice, size group
				and hazard group, and can be found in WAC
				296-17B-910 through
				296-17B-990. If you choose a
				maximum and/or minimum loss ratio between the options found in one of the
				tables, the department will interpolate to obtain the charge and/or savings
				factors from the factors found in the tables.
Reviser's note:
The brackets and enclosed material
				in the text of the above section occurred in the copy filed by the agency and
				appear in the Register pursuant to the requirements of
				RCW
				 34.08.040.
Statutory Authority:
				  RCW
				   51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-440, filed 10/19/10, effective 11/19/10.
Reviser's note:
The brackets and enclosed
				  material in the text of the above section occurred in the copy filed by the
				  agency.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-500 - Determining your standard premiums

Current through Register Vol. 24-14, July 15, 2024
Employers are required to pay accident fund, medical aid
				stay-at-work and supplemental pension fund premiums according to chapter 296-17
				WAC. Standard premiums are the premiums an employer pays to the accident and
				medical aid funds under chapter 296-17 WAC for employment during the coverage
				period, and do not include either stay-at-work or supplemental pension fund
				premiums.
For an employer enrolled in a group after the start of a
				group's coverage period, we will only consider the employer's standard premiums
				for the calendar quarters for which the employer was
				enrolled.
Statutory Authority:
				  RCW
				  51.18.010 and
				  51.04.020(1).
				  12-21-054, § 296-17B-500, filed 10/15/12, effective 12/14/12. Statutory
				  Authority:
				  RCW
				   51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-500, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-510 - Assigning claims to coverage periods

Current through Register Vol. 24-14, July 15, 2024
We will include your industrial injury claims with a date of
				injury that falls within the coverage period.
We will include occupational disease claims with a date of last
				injurious exposure with you (prior to the filing of the claim) that falls
				within the coverage period.
For an employer enrolled in a group after the start of a
				group's coverage period, we will only consider the employer's claims related to
				the calendar quarters for which the employer was enrolled.
Statutory Authority:
				  RCW
				  51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-510, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-520 - Determining your losses

Current through Register Vol. 24-14, July 15, 2024
We determine your losses at the time of an adjustment.
To determine your losses, we first determine the case incurred
				losses for your claims. To these, we apply discounted loss development and
				expected loss ratio factors and your single loss occurrence limit to determine
				your losses incurred for each claim, as explained in these rules. The sum of
				your losses incurred will be your loss incurred, unless your maximum or minimum
				loss ratios apply.
Statutory Authority:
				  RCW
				  51.18.010 and
				  51.04.020(1).
				  12-21-054, § 296-17B-520, filed 10/15/12, effective 12/14/12. Statutory
				  Authority:
				  RCW
				   51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-520, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-530 - Determining case incurred losses

Current through Register Vol. 24-14, July 15, 2024
If a claim is closed, we will use the actual losses for the
				claim as defined in WAC
				296-17-870(1).
				If the claim is open, we will use either the case reserve amounts or the actual
				losses, whichever are higher.
Where not in conflict with these rules, we will use the rules
				for valuing claims for experience rating found in WAC
				296-17-870(1), (5)
				through (7), and (10) through (13).
Employer reimbursements from the Washington stay-at-work
				program will not be included in the case incurred costs of claims.
Public health emergency claims:
All accepted
				claim losses resulting from a declared public health emergency with a date of
				injury or last injurious exposure on or after January 1, 2020, will not be
				included in the retrospective rating adjustment calculations.
Statutory Authority:
				  RCW
				   51.18.010 and
				  51.04.020(1).
				  12-21-054, § 296-17B-530, filed 10/15/12, effective 12/14/12. Statutory
				  Authority:
				  RCW
				   51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-530, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-540 - Determining loss incurred for each claim

Current through Register Vol. 24-14, July 15, 2024
(1) Calculating the initial loss incurred:
For each of your claims, we will multiply the case incurred
				loss by the appropriate discounted loss development factors to determine the
				initial loss incurred.
If you have a fatality, we will use $544,000 as the claim's
				initial incurred loss for the claim, with $507,800 for accident fund incurred
				loss and $36,200 for the medical aid incurred loss, regardless of the case
				incurred loss, and before recovery factors if applicable.
(2) Applying the single loss occurrence
			 limit: The initial loss incurred for a claim will be the amount we use as the
			 loss incurred unless the single loss occurrence limit applies.
The single loss occurrence limit applies when the sum of all
				initial losses incurred for your claims arising out of a single event is
				greater than your selected single loss occurrence limit. In that case, each
				claim's initial loss incurred will be its proportionate share of your single
				loss occurrence limit.
(3)
			 Applying the expected loss ratio factors: The preliminary loss incurred for a
			 claim will be the amount of the initial loss incurred, after application of the
			 single loss limit, multiplied by the appropriate expected loss ratio factor.
			 The accident fund and medical aid fund portions of each claim will have
			 separate expected loss ratio factors applied.
Statutory Authority:
				  RCW
				   51.16.035,
				  51.32.073,
				  51.08.010, and
				  51.04.020(1).
				  12-24-048, § 296-17B-540, filed 11/30/12, effective 1/1/13; 11-24-026,
				  § 296-17B-540, filed 12/1/11, effective 1/1/12. Statutory Authority:
				  RCW
				   51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-540, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-550 - Determining your incurred losses

Current through Register Vol. 24-14, July 15, 2024
If the sum of the losses incurred for your claims divided by
				your standard premiums and multiplied by the performance adjustment factor is
				greater than the maximum loss ratio you selected, your incurred losses will be
				reduced accordingly. If it is less than the minimum loss ratio you selected,
				your incurred losses will be increased accordingly.
Statutory Authority:
				  RCW
				  51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-550, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-560 - Determining your hazard group and size group

Current through Register Vol. 24-14, July 15, 2024
(1) Each risk
			 classification is assigned to a hazard group, as shown in WAC
			 296-17-901. To determine your
			 hazard group, we will first multiply your standard premiums in each risk class
			 by the hazard group index for that risk class. This is called the adjusted
			 standard premium. Hazard group indices are shown in subsection (3) of this
			 section. We will then divide the total adjusted standard premiums by your total
			 standard premiums, rounded to three decimal places to determine your average
			 hazard index. We will assign you to a hazard group based on your average hazard
			 index using the table in subsection (4) of this section.
(2) We will determine your size group based
			 on your standard premiums using the table in WAC
			 296-17B-900.
(3) Hazard group index table.
Hazard Group Number
Hazard Index Number
1
.25
2
.29
3
.41
4
.55
5
.82
6
1.00
7
1.24
8
1.46
9
2.16
(4)
			 Average hazard index table.
Hazard Group Number
Average Hazard Index Value is at
							 Least:
But Less Than or Equal to:
1
0.000
0.269
2
0.270
0.349
3
0.350
0.479
4
0.480
0.684
5
0.685
0.909
6
0.910
1.119
7
1.120
1.349
8
1.350
1.809
9
1.810
2.160
Example:
* For your retrospective enrollment year, your group has
				exposure in risk classifications with Hazard Groups 3 and 6 and corresponding
				standard premiums of $1,000,000 and $2,000,000 during the enrollment
				year.
Risk Classification Hazard
							 Group
Standard Premium
Hazard Index Number
Adjusted Standard Premium
3
$1,000,000
.41
$410,000
6
$2,000,000
1.000
$2,000,000
Total
$3,000,000
$2,410,000
* The Average Hazard Index value for your group is the total
				adjusted standard premiums divided by the total standard premiums or
				$2,410,000/$3,000,000 =
0.803
to three decimal places. This value
				0.803 is in the range between 0.685 and 0.909.
* Therefore, your group will be assigned Hazard Group Number 5
				during this annual adjustment.
Statutory Authority:
				  RCW
				   51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-560, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-600 - Performance adjustment - Overview

Current through Register Vol. 24-14, July 15, 2024
The department uses performance adjustment to ensure equity
				between employers that participate in retrospective rating and employers that
				do not. The goal of performance adjustment is to make sure that overall, after
				adjustments, retro participants pay the same share of their losses as employers
				that do not participate in retro.
Statutory Authority:
				  RCW
				  51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-600, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-610 - How we determine the performance adjustment factor

Current through Register Vol. 24-14, July 15, 2024
Our actuaries compare standard premiums and losses of employers
				in retro with those of employers not in retro to determine a target refund
				amount that would result in the groups of retro and nonretro employers funding
				the same percentage of their claim costs. In doing this, the actuaries pool the
				experience of the coverage period being adjusted with the experience from the
				coverage periods beginning the three previous quarters, and take into account
				possible future changes in losses based on historical data. The actuaries then
				add interest to the target amount to take into consideration the time value of
				money.
A performance adjustment factor (rounded to four decimal
				places) is then selected, so that when we calculate adjustments, the sum of all
				adjustments will most nearly equal the target refund amount.
Statutory Authority:
				  RCW
				  51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-610, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-620 - More about the performance adjustment factor

Current through Register Vol. 24-14, July 15, 2024
There is no particular significance to the performance
				adjustment factor being less than, greater than, or equal to 1.0000. The
				performance adjustment factor is influenced by many things, including overall
				premium rates, large losses by either retro or nonretro employers, and what
				options retro participants select when enrolling.
A new performance adjustment factor is calculated for each
				annual retrospective rating adjustment so that loss ratios of retro and
				nonretro employers are equal after refunds and additional premium assessments
				have been paid.
Statutory Authority:
				  RCW
				   51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-620, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-700 - Protest and appeals

Current through Register Vol. 24-14, July 15, 2024
If at the time of an adjustment you are disputing a decision
				affecting a claim's losses and you want us to recalculate your adjustment after
				that dispute has been resolved, you must protest the adjustment and identify
				the claim and dispute pending. We will issue a further order indicating that
				the adjustment may be revised after the dispute regarding the claim is
				resolved. After the dispute has been resolved, if you still want us to
				recalculate the adjustment, you must notify us, and we will recalculate your
				adjustment as though the dispute had been resolved at the time of the
				adjustment. We will not pay interest on any amount refunded.
Statutory Authority:
				  RCW
				  51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-700, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-710 - Account in good standing

Current through Register Vol. 24-14, July 15, 2024
To participate in retrospective rating, you as an employer or
				group sponsor need to have an account in good standing. This means that you
				need to have an open industrial insurance account with our industrial insurance
				program, have filed all required reports, and have paid all industrial
				insurance premiums, penalties and interest (or be current with a repayment plan
				the department agreed to), and not owe a debt to any other section of the
				department.
Statutory Authority:
				  RCW
				  51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-710, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-720 - Prohibited conduct

Current through Register Vol. 24-14, July 15, 2024
(1) Employers and
			 group sponsors must not engage in claims suppression as defined in
			 RCW
			  51.28.010(4).
(2) Employers and group sponsors must not pay
			 medical service providers for medical services related to an industrial injury
			 or occupational disease. Payment of monthly direct fees made on behalf of
			 employees to qualifying direct primary care service providers as permitted by
			 RCW
			  48.150.050 does not disqualify an employer or
			 group sponsor from participation in the retrospective rating program.
(3) Unless disclosed to the member at the
			 time of enrollment, group sponsors must not require members to pay dues, fees,
			 or continue membership in the retrospective rating program beyond the last date
			 of the coverage year in order to receive their share of refunds, if any.
If we determine that you have violated any of these provisions,
				we will remove you from retrospective rating effective the date we notify you,
				and permanently bar you from further participation in the retrospective rating
				program. You will remain liable for any additional premium assessments related
				to your participation prior to your removal, but you will forfeit any right to
				refunds for adjustments calculated after your removal.
Statutory Authority:
				  RCW
				  51.18.010 and
				  51.04.020(1).
				  12-21-054, § 296-17B-720, filed 10/15/12, effective 12/14/12. Statutory
				  Authority:
				  RCW
				   51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-720, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-730 - Probation

Current through Register Vol. 24-14, July 15, 2024
If you as a sponsored group receive a net assessment for two
				consecutive coverage periods, you will be placed on probationary status. We
				will review your workplace safety and accident prevention plan and your methods
				of cooperation with the department's claims management activities, and contact
				you to discuss ways of improving your performance. If you receive a net
				assessment in the following coverage period, you will be denied future
				enrollment, and your sponsoring organization will not be allowed to sponsor
				another group in the same industry category for the five years following the
				third coverage period with a net assessment.
Statutory Authority:
				  RCW
				  51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-730, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-740 - Refunds of standard premiums after final adjustment

Current through Register Vol. 24-14, July 15, 2024
If, after the final adjustment for a coverage period, it is
				determined that an employer enrolled in retrospective rating is entitled to a
				refund of standard premiums for any reason other than the recalculation of
				experience provided for in WAC
				296-17-870(3),
				we will adjust the amount of standard premiums to be refunded such that the net
				impact on the state fund is the same as if refund had taken place before the
				final adjustment.
Statutory Authority:
				  RCW
				  51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-740, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-750 - Notification

Current through Register Vol. 24-14, July 15, 2024
We will notify you if we need more information to make a
				decision about your application. We will also notify you of our decision to
				enroll or deny enrollment.
Statutory Authority:
				  RCW
				  51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-750, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-760 - Coverage periods

Current through Register Vol. 24-14, July 15, 2024
Individual employers and sponsored groups enroll for one-year
				coverage periods. Coverage periods begin on the first day of a calendar
				quarter. Employers may join a sponsored group after its coverage period has
				begun, beginning on the first day of the next calendar quarter and continuing
				for the remainder of the coverage period.
Statutory Authority:
				  RCW
				  51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-760, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-770 - Common ownership

Current through Register Vol. 24-14, July 15, 2024
An employer that shares common ownership with one or more other
				employers cannot enroll in retrospective rating unless all employers sharing
				common ownership that are within the same industry category also enroll.
				Employers sharing common ownership can enroll individually or as members of a
				sponsored group. Employers sharing common ownership that are enrolled
				individually can choose to be rated separately or together.
Employers share common ownership when:
(1) One or more owners, directly or
			 indirectly, own a majority interest in both employers; or
(2) One employer, directly or indirectly,
			 owns a majority interest in another employer.
Statutory Authority:
				  RCW
				  51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-770, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-780 - Due dates

Current through Register Vol. 24-14, July 15, 2024
When you are required to submit a document (application,
				report, etc.) it must be received in the Tumwater labor and industries office
				by 5:00 p.m. on the date due. Documents may be mailed, faxed, or hand
				delivered. If the due date falls on a Saturday, Sunday, or holiday, it is due
				the next state business day.
Statutory Authority:
				  RCW
				  51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-780, filed 10/19/10, effective
				  11/19/10.