Commercial auto rates increased 9.8% in July, compared with 9.7% in June, business owners’ policy rates rose 8.7% compared with 8.4%, umbrella liability rates were up 8.4% compared with 8.3% and general liability was up 4.2% compared with 4.1%.

Commercial property rates rose the most at 11.8%, down from a 12.7% increase in June.

Workers’ compensation rates fell 1.3% compared with a 1.5% decline.

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The January 2024 Ivans Index showed that commercial property, general liability, commercial auto, business owners policy and umbrella lines continued to see monthly increases.

The premium renewal rate change for commercial property was up 10.3%, which was slower than the 10.67% rate hike in December.

Business owners policy had a premium renewal rate change of 9.33%, down from 9.72% at the end of December.

Commercial auto saw a January premium renewal rate change of 7.4%, less than December’s 8.67%.

Umbrella coverage had a premium renewal rate change of 6.35%, down from 6.62% in December.

General liability lines’ January premium renewal rate change of 5.38% was down from December’s 6.16%.

Workers compensation rates fell, but at a slower pace, with January’s premium renewal rate change of -0.67% up from December’s -0.82%. Umbrella lines continued to see monthly increases.

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House Bill 2190 would require blood tests be given to workers to determine whether the individual was intoxicated at the time of the workplace injury.

The bill states that workers who refuse to submit to blood tests are disqualified from workers comp benefits.

Any dependents of the workers would also forfeit their ability to collect comp benefits, the bill states.

Blood tests must be given within 12 hours of the occurrence of the injury and before seeing a physician or beginning any medical or substance treatment, since other medication could alter the blood test results. 

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In 2021, emergency room utilization for initial medical services ranged from 14% in Arizona to 37% in Massachusetts, with many states falling in the 20% to 25% range. WCRI found that the variation was even larger for conditions such as sprains and strains.

Some factors behind the variation “may include local norms of emergency room utilization and state-specific workers compensation system features,” WCRI said.

The pandemic also played a role: The study found that between 2020 and 2021 emergency room utilization for initial medical services tended to be lower when the COVID-19 caseload was higher.

The states included in the study represent 79% of the workers compensation benefits paid in the United States, according to WCRI.

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The study analyzed about 92,000 accepted claims and found that the rate of injuries is about 4% higher when the maximum heat index exceeds 75 degrees. The incident ratio for agriculture and construction workers is 14% higher.

When the heat index hits 115 to 119 degrees, the incident rate is 11% higher than the average rate at temperatures of 74 degrees or cooler.

“While it is well understood that agricultural and construction industries have high rates of traumatic injuries, the findings suggest that these industries have gradually higher IRRs as temperatures increases,” the study says. “The question that needs to be investigated is why.”

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Lokesh Tantuwaya, 55, pleaded guilty Thursday, according to the U.S. Attorney’s Office. He has been in federal custody since May 2021, prosecutors said. Dr. Tantuwaya admitted he accepted payments from Michael D. Drobot, the owner of Pacific Hospital, to perform spinal surgeries from 2010 to 2013.

Mr. Drobot pleaded guilty to kickback and conspiracy charges in 2014 and is currently serving a five-year prison sentence. Mr. Drobot conspired with doctors, chiropractors and marketers to pay kickbacks and bribes for the referral of injured workers that generated more than $500 million in bills for spinal surgeries that involved kickbacks.

They also continue to wrestle with a question about whether a positive marijuana test may impact the compensability of an accident.

That is according to a legislative update recently released by the National Council on Compensation Insurance (NCCI).
Since Jan. 1, Connecticut, New Mexico, New York and Virginia have legalized recreational marijuana; legislation is pending in Pennsylvania, Rhode Island and Wisconsin, NCCI says.

Alabama also recently passed a law to allow the use of medical marijuana—making medicinal use of the drug legal in 36 states and Washington, D.C. However, Alabama lawmakers passed another law that specifically exempts workers compensation from reimbursing for the use of medical marijuana.

One pervasive issue is reimbursement of medical marijuana in workers’ compensation, and state courts continue to be divided.

New Hampshire’s high court ruled that reimbursement for medical marijuana does not violate the federal Controlled Substances Act. Arkansas and Massachusetts courts have ruled to the contrary, NCCI said.

New Jersey and New York courts have ruled that employers and insurers may be required to reimburse injured workers for medical marijuana, and lawmakers in those states have introduced bills that would make medical marijuana a covered drug in comp.

Legislation pending in other states goes in a different direction. Kentucky, Kansas, Nebraska and Pennsylvania legislatures are considering bills that would not require the comp system to reimburse for the drug.

States are also considering legislation regarding the compensability of a workplace accident if workers test positive for marijuana, with laws in Alabama, Montana, Nevada and North Dakota stating that workers who test positive are not entitled to comp, with most of the laws making some exceptions for prescribed medical marijuana.

Source: Business Insurance