Rating Bureau

Rating Bureau Accommodations on COVID19

Last updated 5/26/20

 

Rating

Bureau

Current COVID-19 Accommodations
California

 

5/6/20 The Governor’s office announces Workers’ compensation Benefits for Workers who contract Covid-19 during stay at home order.

Benefits will be available for diagnosed workers working outside their homes. Presumption will be workers contracted the virus at work, employers will have a chance to rebut.

Approval of Special Regulatory Filing in Response to Covid-19.  WCIRB states they will: Exclude Covid-19 Claims from Experience Rating, Exclude payments to employees who continue to be paid while not working, Allow assignment of class code 8810 for temporary change in duties. WCIRB Governing Committee Approves Special Regulatory Filing in Response to COVID-19 | WCIRB California

 

Delaware

 

DCRB Filing No. 2001 – Proposed Revisions to Delaware Statistical Plan Manual DCRB - Covid-19 related Claims Codes

The new codes are as follows:

Extraordinary Loss Event Code (Cat Code) No.12

Nature of Injury Code No. 83 - COVID-19

Cause of Injury Code No. 83 – Pandemic

 

Indiana

 

5/6/20 – Circular 2020-04 Covid-19 Rule/ Reporting Changes 2020-04.

The following has been approved by the ICRB

  • Use of Statistical Code 0012 – Furloughed Employees
  • Covid-19 Claims not be considered for Experience Rating Purposes

Moratorium restricting workers' compensation policy cancellations for premium due between 3/19/20 and 5/18/20 Moratorium Circular regarding cancellations 2020-03

 

Massachusetts

 

5/7/20 The State of MA has filed an active indicating Covid-19 Presumption for all Public Employees – Bill HD 5050Bill HD.5050 and currently Bill SD.2924 and currently sits in Joint Committee.

Any employee of the Commonwealth or its political subdivisions who was required to work during the Massachusetts state emergency related to COVID-19 declared on March 11, and required to report to a work location outside of their home and who dies as a result of work-related COVID-19 shall be eligible for benefits under section 100 and 100A of Chapter 32 of the General Laws.

Bill HD.4949 (  )  An Act Providing Workers’ Compensation Protection to Emergency Response / Medical Personnel Related to Covid – 19   a/of 5.7.20 this bill was proposed and is currently in House Committee.  

 

Michigan

 

4.10.20 presumption for WC coverage for first responders, certain health care and child care workers CAOM Revised Compensability Guidance 4/17/20 CAOM Revised Guidance 4.17.20            

Stat Code 0012 added to CAOM Plan - 5.22.20 Circular Letter #318 - New State Code of 0012

 

Minnesota

 

5/5/20 The MN Dept of Commerce has approved the proposed revisions to the Manual Rules related to Covid-19 Revisions to Manual Rules  B 1441 approved eff 5.5.20

Use of Stat Code 0012 for furloughed employees / zero rate.

No claims may be reported to Stat Code 0012

Employer must maintain separate and specific payroll records evidencing the furlough

Covid-19 Preparedness Plan template and instructions – Gubernatorial Executive Order issued on 4.30.20

The plan outlines actions to be taken to be in compliance with CDC and MDH guidelines and includes guidance on things such as Worker hygiene and source control, social distancing, and health screenings among others. Preparedness Plan and Checklist

4.10.20 Bill HR 4537 MWCIA HF 4537  - presumption for WC coverage for first responders, certain health care and child care workers.   This bill sunsets 5/1/2021

FAQ on new law 4/20/20 FAQ - New WC coverage for employees who contract Covid -19

 

NCCI

(all other states)

 

05/01/20 FAQ UPDATE:  COVID-19 and WC: What You Need to Know –

Published White Paper  COVID-19-WorkersComp-Modeling-Potential-Impacts

Depending on the number of infected workers, severity of

Symptoms, and compensability standards, the degree of variation in estimated impacts may be extreme. However, there is

a reasonable likelihood for COVID‐19 to result in significant WC claim costs during Accident Year 2020.

Is Covid-19 compensable under state workers’ compensation acts? 

..There are occupational groups that arguably would have a higher probability for exposure such as healthcare workers. However, even in those cases, there may be uncertainty as to whether the disease is compensable…

4/23/20 Jurisdictional chart by State regarding WC Compensability Presumptions created by NCCI.  State Activity: Covid-19 WC Compensability Presumptions 

NCCI 4.17.20 approach to Covid 19 related payroll, premium, claims, and  experience rating 

For a complete list of states governed by NCCI, please follow this link NCCI State Map

NCCI Legislative Activity Country Wide Map Legislative Activity by State

NCCI Circular - Countrywide--Announcement of Item B-1441--Revisions to NCCI Manual Rules Related to the COVID-19 (Coronavirus) Pandemic Countrywide-Revisions to NCCI Manual Rules Related to the COVID-19 (Coronavirus) Pandemic

 

New Jersey

 

Manual Amendment #496 – Increases maximum Schedule Rating to 35% - only applicable to in-force polices. NJCRIB Manual Amendment #496 - increase in schedule credit

Manual Amendment #495 ( Manual Amendment # 495 ) – Effective immediately and applying to all policies in effect on/after 3/21/20, the following changes have been enacted: 

Exclude from the basis of premium any payroll associated with employees being paid but not actively working,

Allows reassignment of employees classification to 8810 – Clerical based on stay at home orders and when governing code doesn’t already contemplate clerical exposures,

Exclude all Covid-19 claims from experience rating calculations.

Statistical Circular #127 – Statistical Plan Changes to include Covid-19Specific Nature & Cause of Injury codes along with the Catastrophe Number for claims occurring from 12/19/19 forward. Statistical Circular # 127

 

New York

 

5/1/20 – NYCIRB approves the reassignment of employees to class code 8873 when the following scenarios are applicable:

Temporarily Reassigned Employees, which establishes new classification code 8873, Telecommuter Reassigned Employees, and requires that it be applied to the payroll of employees who, during New York’s stay-at-home order related to the COVID-19 pandemic (and future stay-at-home orders), are reassigned to either (a) not perform any work duties (idle), or (b) perform clerical work duties at home. The loss cost rate for Classification 8873 will mirror the rate for Classification 8810 (clerical office employees)

Approved use of WC class code 8873 - Temporary Change in Duties

Executive Order 202.13 Moratorium on cancelling, non-renewing, or conditionally renewing workers compensation policies for 60 days as of 4/1/2020.

 

North Carolina

 

Released Circular Letter: Workers’ Compensation “CompScope” Benchmarks for NC.  WC Benchmarks Circular Letter 4.23.20

This study continues to monitor the results of legislation passed in 2011, House Bill (HB) 709, and focuses on income benefits, overall medical payments, costs, use of benefits, and duration of temporary disability, litigiousness, benefit delivery expenses, timeliness of payment, and other metrics. It compares the performance of the North Carolina workers compensation system with 17 others states and examines how these system performance metrics have changed primarily from 2013 to 2018, with claims experience through 2019.

It will also provide a baseline for tracking the effectiveness of policy changes and monitoring important trends, such as the impact of COVID-19.

 

North Dakota

 

FAQs  updated 4/20/20 FAQs 4/20/20

Calls for the deferred payments of premium through 6/30/20, presumption for WC coverage for first responders, and certain health care workers Executive Order 2020-12 First Responders, Health Care Workers

Are employees who contract COVID-19 eligible for workers’ compensation benefits?

No. Diseases to which the general public outside of employment are exposed are specifically excluded from workers’ compensation coverage in North Dakota. COVID-19 fits into this exclusion. Even though it may be contended an employee contracted COVID-19 while working, the employee is not eligible for workers’ compensation benefits for this type of illness.  Covid 19 FAQ - Exec Order 2020-15

 

Ohio

 

FAQ’s updated 4/28/20

Among the new information:

Q: How does this impact state fund clients of PEO employers?

A: A client of a PEO employer must maintain active workers’ compensation coverage throughout the duration of any type of PEO agreement. Client employers will be treated the same as all other state fund employers and will have the option to defer payments until June without a lapse in coverage

Q: If I contract COVID-19, is it a compensable workers’ compensation claim?

A: It depends on how you contract it and the nature of your occupation. Generally, communicable diseases like COVID-19 are not workers’ compensation claims because people are exposed in a variety of ways, and few jobs have a hazard or risk of getting the diseases in a greater degree or a different manner than the general public. However, if you work in a job that poses a special hazard or risk and contract COVID-19 from the work exposure, BWC could allow your claim.

Q: How will employers report wages at true-up for operational employees who are teleworking as a result of Governor Mike DeWine’s “stay at home” order while receiving wages from the employer?

A: To ease the economic impact of the COVID-19 crisis on businesses, employers may report operational staff currently teleworking to class code 8871 – Clerical Telecommuter during a declared state of emergency. (read full remarks for additional stipulations / eligibility criteria)

The employer is to cease reporting operational employees’ wages to teleworking class code 8871 or 9420 once the “stay at home” order has ended or if the operational employee(s) return to performing their previous job duties

Q: I am a self-insuring (SI) employer or a client of a self-insuring Professional Employer Organization (PEO). Why don’t I receive a dividend payment like the state fund employers?

A: The recent dividend announcement was made possible for state insurance fund employers because of strong investment returns on the premiums BWC collects and lower than expected claims costs in recent policy periods. Self-insuring employers and self-insuring Professional Employer Organization(s)  (PEO) do not pay premiums to the state insurance fund.

Q: Will employers who have suspended operations due to the COVID-19 who are paying employees while they are idle at home need to report the payments as payroll?

A: No. Employers are not required to report to BWC the wages paid to employees who are idle at home because of the COVID-19 pandemic.

 

Pennsylvania

 

5/1/20 submitted PCRB Filing #309 Rule/Stat revisions to Basic Manual and Stat Plan due to Covid 10 to Insurance Commissioner Altman for review, consideration and approval

As a result of the Pennsylvania stay-at-home order, many employees’ job responsibilities have changed such that they would qualify for assignment to Classification 953, Clerical Office Employees, which includes telecommuters, but their jobs have not been permanently reassigned and thus their payroll cannot be divided under the current rules.

Therefore, staff is proposing Manual revisions to allow the assignment of Classification 953

With respect to employees who continue to be paid while they are not performing any responsibilities of any kind for the employer, staff is proposing amendments to the Basic Manual and the Statistical Plan Manual to exclude such payments during the time the Pennsylvania stay-at-home order is in place and for thirty days thereafter. The rationale for this recommendation is that, because these employees are not engaged in any work activities, they have little to no work-related exposure

In order to collect payroll data regarding such payments, staff is proposing that such amounts be reported utilizing Statistical Code 1212 This will be used for understanding the impact of COVID-19 on the workers compensation system, for any special treatment and reporting purposes.

The occurrence of COVID-19 WC claims is not likely a strong indicator of future claim costs incurred by an employer. Staff, therefore, is proposing that COVID-19 claims reported with Catastrophe Number 12 be excluded from experience and merit rating.

The new codes are:

Extraordinary Loss Event Code (Cat Code) No.12

Nature of Injury Code No. 83 - COVID-19

Cause of Injury Code No. 83 – Pandemic

Loss Cost Changes – average decrease of approximately 10.8% PCRB - Loss Cost Decrease 

Texas

 

None
 

Washington

 

Washington State Dept. of Labor & Industries – WC Coverage and Coronavirus Common Questions

Can COVID-19 ever be allowed as a work-related condition?

Under certain circumstances, claims from health care providers and first responders involving COVID-19 may be allowed. Other claims that meet certain criteria for exposure will be considered on a case-by-case basis.

In most cases, exposure and/or contraction of COVID-19 is not considered to be an allowable, work-related condition.

When to file a Covid-19 Claim:

Before helping a worker file a workers' compensation claim, the treating provider should consider if the following criteria are met:

  1. Was there an increased risk or greater likelihood of contracting the condition due to the worker's occupation (such as a first responder or health care worker)?
  2. If not for their job, would the worker have been exposed to the virus or contracted the condition?
  3. Can the worker identify a specific source or event during the performance of his or her employment that resulted in exposure to the new coronavirus (examples include a first responder or health care worker who has actually treated a patient with the virus)?

When will a claim likely be denied?

When the contraction of COVID-19 is incidental to the workplace or common to all employment (such as an office worker who contracts the condition from a fellow employee), a claim for exposure to and contraction of the disease will be denied.

WA L & I  WC and Covid 19 FAQs Updated 4/23/20

 

Wisconsin

 

Covid 19 FAQs  a/o 5.6.20 WCRB FAQs a/o 5.6.20

WCRB has established a new unit statistical code for reporting certain payroll for this unprecedented event: Carriers may implement code 0012 as a class code in their operating system.

The use of stat code 0012 is directly linked to an executive order made by a state official with the authority to do so. In the case of COVID-19, it’s Governor Evers’ Executive Order #28, which is currently effective from March 17, 2020 through May 26, 2020.

Unit Statistical Code 0012 - Paid Furloughed Workers During A Governmental Emergency Order Impacting Employment. 

Paid furloughed time is the time period where a state-wide emergency order has been issued by a public official and is for an extended period. The employee is not performing work duties for the employer. No division of payroll is acceptable.

If an employer continues to pay furloughed employees their normal wages and the employer keeps separate, accurate and verifiable records, the payroll will not be included or the basis of premium

If accurate, verifiable payroll records are not maintained, 100% of the wages are assigned to the employee’s normal classification

The temporary interruption or suspension of normal business activities caused by COVID-19 may qualify as a change in operations for classification purposes.  The employer is responsible for maintaining separate payroll records. The payroll records must show the actual payroll, by classification, for individual employees.

Wisconsin procedures will be consistent with those previously applied to other Extraordinary Loss Event catastrophe codes. Valid claims coded with catastrophe code 12 and reported to Wisconsin will be excluded from experience rating calculations for any employer(s) incurring one or more such claims.

 

Wyoming

 

Covid-19 FAQs WDWS - Covid-10 WC FAQs

Q: If an employee contracts COVD-19 as a result of their employment, will it be covered by Workers’ Compensation? 

A: It depends. Pursuant to Wyoming Statute 27-14-102(a)(xi): "Injury" means any harmful change in the human organism other than normal aging and includes damage to or loss of any artificial replacement and death, arising out of and in the course of employment while at work in or about the premises occupied, used or controlled by the employer and incurred while at work in places where the employer's business requires an employee's presence and which subjects the employee to extra-hazardous duties incident to the business. "Injury" does not include:

(A) Any illness or communicable disease unless the risk of contracting the illness or disease is increased by the nature of the employment