California's Reforms Are Praised

"The 1993 workers' compensation reform has finally allowed California businesses the impetus to overcome the tremendous competitive advantage that most businesses outside of our borders had previously enjoyed. It has proved to be the pivotal step to impede a massive exodus of California employers from the state."

Dennis Altnow, owner, Tiger Lines, Inc.

"There's been a dramatic and rapid turnaround (with regards to premiums and claims frequency)."

James Little, President of Fremont Compensation Insurance
(Quoted in Forbes, March 13, 1995)

"We've seen the number of our indemnity claims per 1,000 employees drop significantly...there are fewer stress claims...there are now fewer medical-legal mills generating questionable claims... also the reserved and paid amounts on vocational rehabilitation has dropped."

Stuart Niesen, Workers' Compensation Manager
Northrop-Grumman

"The premium drop is dramatic at the very least. It would be fair to say that with the larger accounts in California -- those with workers' compensation premiums in the $500,000 to $1 million range -- reductions in rates are in the range of 50 to 70 percent."

John McCann, "Workers' Comp Executive"
(Quoted in Northern California Medicine, March 1995)

"The fraud program is working very well, Although arrests have leveled off now, convictions are going up. We're very pleased about the way the fraud legislation is working."

Willie Washington, Director of Workers' Compensation
California Manufacturers' Assn.

"This is a perfect example of what can happen in the marketplace, when competition is encouraged and unnecessary regulation is eliminated."

Richard Wiebe, Department of Insurance
(Quoted in San Francisco Business Times, Feb 17-23, 1995)

"Workers' comp reform is one reason the California economy is becoming competitive and heating up. It's helped stop employer flight to other states and has made it more attractive for businesses to hire people."

Frank Floyd, Manager Communications and Education, SCIF
(Quoted in Northern California Medicine, March 1995)

"...stress and post termination claims are way down...of those filed to date, we have been readily able to deny them without need for great expenses. There have been no challenges to the denials."

Greg Vach, Director of Workers' Compensation
Ralston Purina Company

"We think things are generally going in the right direction and are positive on reform. At Safeway, we see savings in vocational rehabilitation expenses, where costs are down; bills for medical legal reports are down because of the new fee schedule; and, although we don't have a lot of post termination claims, we have seen less of those in the past year. We are optimistic about the positive impact of these reforms."

Michael Herberger, Corporate Workers' Compensation Manager
Safeway

"Pete Wilson has made giant strides in reforming California's workers' compensation system, but state programs this corrupt can't be turned on a dime."

Damon Darlin, Forbes, March 13, 1995

"Across California, companies...are facing dramatically lower workers' compensation premiums -- due largely to changes in state law that opened this once tightly regulated field to fierce competition on Jan. 1."

Ilana DeBare, Sacramento Bee, February 27, 1995

"The (alternative dispute resolution) program is supported by a wide spectrum of organized labor, contractors and engineers and employer organizations. They claim the program provides speedy adjudication of disputes and prompt payments of claims without getting bogged down by the bureaucratic red tape of the California workers' compensation system."

Hallye Jordan, California Workers' Compensation Inquirer, Feb. 1995

"The (CWCI) study will show that claims seem to be moving through the system faster and that lawyers are less involved in claims than in the past. This might mean that some of the reforms are working."

Bill Molmen, CWCI General Counsel
(Quoted in Northern California Medicine, March 1995)

The Road to Meaningful Workers' Compensation Reform

For years, California's fraud-ridden workers' compensation system has been the single greatest barrier to job creation in this state. But today, we're starting the process of tearing down that barrier, freeing Californians to create tens of thousands of new jobs a year.

Governor Pete Wilson
July 16, 1993

Since taking office, Governor Wilson consistently recognized that California's workers' compensation system stifled job creation and retention and economic growth in California. The workers' compensation system in California posed an interesting irony: While California employers paid among the highest workers' compensation insurance premiums in the nation, injured workers in California received among the lowest benefits in the nation. An increasing portion of the premium dollar was being siphoned by multiple interests who profited handsomely from the workers' compensation system.

Meaningful reform of this system was vital to improving California's economic climate, as the spiraling costs associated with workers' compensation forced employers to reduce payrolls, relocate jobs to other states, or avoid considering California as a site in which to expand. The Governor's three years of consistent effort paid off in a series of legislative enactments, most of which were signed into law in July, 1993.[1]

Progress started, however, in Governor Wilson's first year in office. On July 16, 1991, he signed a bill limiting out-of-control "stress claims" by requiring employees to have worked at least six months for an employer before such a claim could be filed. The Governor's leadership and determination on the issue of workers' compensation reform indicated to current and prospective California employers that more meaningful reforms would be pursued and realized.

In his first year, Governor Wilson also signed significant legislation attacking workers' compensation fraud. This legislation created a specific felony for workers' compensation fraud and provided dedicated funding for the Department of Insurance's Bureau of Fraudulent Claims and local district attorneys for investigations and prosecutions. This legislation focused attention on workers' compensation fraud, where there had previously been little focus. The anti-fraud activities set in motion by this legislation have been credited by many people involved with workers' compensation as having a significant deterrent impact on fraudulent activities, and thus for reducing costs through lower claims.

In December, 1991, Governor Wilson appointed the Council on California Competitiveness. This 17-member bipartisan panel, composed of business and labor representatives, was charged with finding ways to remove the barriers to creating jobs and thus increasing state revenues in California. In April, 1992, the Council issued its final report to the Governor, California's Jobs and Future. The Council found California's workers' compensation system a "national embarrassment." The Council reported,

The cost of this inefficient and fraud-ridden system rose from less than $4 billion in 1981 to over $10 billion in 1991 -- an increase of over 200 percent in a decade. During this same period, the workforce increased by about 25 percent, and the incidence of disabling work injury per 1000 workers actually decreased. The reasons for this dramatic run-up in costs are simple. None of the major participants in the system has any real incentive to operate efficiently and hold down costs.

Additionally, defects in the system have created an open invitation to abusive and fraudulent claims. Billions of dollars are wasted, and the system is training a generation of cheaters. The losers are (1) California employers forced to pay among the highest compensation rates in the nation and (2) genuinely injured workers whose benefits are among the lowest. This outrage must end. Fraud must be discouraged, although it is not always policeable. Features of the system that create potential incentives to file bogus claims must also be reformed.[2]

This cogent assessment of workers' compensation in California summarized the urgent need for reform, the dynamics involved, and the system's detrimental effect on California's economy.

In 1993, Governor Wilson finally was able to sign the kind of workers' compensation reform he had been fighting to achieve since entering office. It started in the spring, when he signed Senate Bill 31 to place severe limits on the fees paid for medical-legal evaluations. Then in July, the Governor signed a package of workers' compensation reform measures. These bills made significant and structural cost-saving reforms while increasing benefits for legitimately injured workers. It was estimated that the 1993 legislation would reduce workers' compensation expenditures by about $1.5 billion annually -- a significant savings in an $11 billion system. Half of the savings were slated to reduce employer costs, with the other half earmarked to increase weekly benefits to injured workers over a three-year period. These were, however, only the savings that could be confidently calculated; most observers now believe the bills have resulted in the short term, in significantly greater savings than the $1.5 billion figure. Indeed, based on reductions in the minimum rate, the premiums paid by insured employers declined from $9 billion in 1993 to $7.5 billion in 1994, a savings of $1.5 billion. These figures do not include self-insured employers, so the savings likely are greater. And, as a further indication of savings, premiums have continued to fall as the market adjusts to competitive rating and reform. According to San Francisco Business Times, insurance industry estimates for 1995 following repeal of the minimum rate law anticipate premiums of only $4 billion to $5.5 billion.[3]

Results Of Reform

Most of the reforms enacted in 1993 apply to injuries on or after January 1, 1994. Some reforms became effective on July 16, 1993, the date on which most of the reforms were signed into law. Given the time it takes for cases to work through the system and for implementation of some reforms, it will be some time before the full amount of the cost savings from reform are known. However, the changes signed into law by Governor Wilson are already dramatically changing the workers' compensation landscape.

The number and cost of workers' compensation claims has dropped significantly. The Workers' Compensation Insurance Rating Bureau (WCIRB), which serves as the statistical agent for workers' compensation insurance, reports a sharply declining trend in the number of workers' compensation claims since the enactment of tougher anti-fraud laws in 1991. Preliminary data indicates the number of indemnity claims per $1 million of payroll declined by more than 31% between 1991 and 1994. The average cost of indemnity claims shows a similar pattern, declining from a high of $13,285 in 1991 to $12,261 in 1994, a reduction of nearly 8%. With this kind of reduction in the frequency and cost of claims, it is no secret why employers' premiums have plummeted.

While it is too early to provide a definitive analysis of the reasons for the dramatic drop in claims and their costs, significant contributors likely include (1) the aggressive efforts to combat workers' compensation fraud, (2) the reduction in medical-legal evaluation fees, and (3) the limitations on psychiatric and post-termination injury claims.

These provisions were all in effect on or before July 16, 1993, and undoubtedly led to the demise of major workers' compensation fraud "mills" in Southern California. These mills spent millions of dollars in the expensive Southern California media market, commonly advertising for disgruntled or laid off workers to file retaliatory stress claims. The money these mills sucked from the system came from the treatment and medical-legal evaluations they performed. The combination of changes in the 1993 reforms put many of these mills out of business, significantly reducing the number of claims coming into the workers' compensation system.

Due to the time it takes to determine the compensation payable in many cases, it is not yet possible to quantify all savings from reform. Although a complete accounting of the savings is several years away, employers are already realizing savings: The 1993 legislation and 1994 regulatory action by the Department of Insurance reduced the minimum insurance premium paid by California employers by over 31%, and with the advent of open competitive workers' compensation insurance pricing in 1995, most employers are seeing even greater savings. A review of the initial filings of 45 of the largest insurers indicates an additional reduction in the base rates of about 7%, increasing to as much as 15% with typical premium modifications and reductions.

Employers with good safety records are seeing tremendous benefits from this competitive system that allows insurers to reward them for their efforts with lower insurance prices.

Implementing Reform

The workers' compensation reforms signed by Governor Wilson over the past three years made fundamental change in virtually every aspect of the system and initiated some of the most innovative approaches to cost containment in the nation.

The agencies charged with implementing the reforms have worked in overdrive during the past two years. A brief summary of the reforms and the status of implementation follows.

CONCLUSION AND LOOKING AHEAD

After two rancorous years of pursuing legislative reforms and then several years working in overdrive to implement these reforms, the Department of Industrial Relations believes we can say that California can see the light at the end of the tunnel on workers' compensation reform. Meaningful reform is a reality, and California sent an unmistakable message with this accomplishment that its economy is back in business. The results and benefits are clear: employers have enjoyed substantial reforms in workers' compensation premiums, while injured workers now receive substantially higher benefits. To maintain this progress, we will continue to monitor workers' compensation to identify and pursue any additional legislative or regulatory reforms necessary.

Appendix 1

Workers' Compensation Reform Legislation
During The Wilson Administration

1991

AB 971 (Peace), Chapter 115, Statutes of 1991 -- Eliminated "stress claims" for employees employed for less than 6 months.

SB 1218 (Presley), Chapter 116, Statutes of 1991 -- Increased the penalties for workers' compensation fraud and provided a dedicated source of funding to investigate and prosecute workers' compensation fraud cases.

1992

AB 3757 (Bronzan), Chapter 1131, Statutes of 1992 -- Created a "24-hour pilot program" to determine the benefits of providing both occupational and non occupational care through one exclusive provider of care.

AB 2329 (Peace), Chapter 904, Statutes of 1992 -- Required any advertising soliciting workers' compensation claims to disclose that filing a false or fraudulent claim is a felony.

1993

AB 110 (Peace), Chapter 121, Statutes of 1993 -- The omnibus workers' compensation reform legislation. Among other provisions, AB 110 established the Employer Bill of Rights, capped vocational rehabilitation benefits, emphasized the role of the treating physician in the evaluation process, incrementally increased temporary and permanent disability benefits, and extended injury prevention efforts.

AB 119 (Brulte), Chapter 118, Statutes of 1993 -- Placed severe limits on psychiatric injury and post-termination claims.

AB 1300 (Brown), Chapter 120, Statutes of 1993 -- Enhanced the tools for combating workers' compensation fraud.

SB 30 (Johnston), Chapter 228, Statutes of 1993 -- Repealed the "minimum rate law" which precluded insurers from charging less for workers' compensation insurance than the rates established by the Department of Insurance.

SB 31 (Johnston), Chapter 4, Statutes of 1993 -- Limited medical-legal evaluation fees and the circumstances under which these fees can be charged.

SB 983 (Greene), Chapter 117, Statutes of 1993 -- Authorized alternative arrangements for the delivery of workers' compensation benefits and dispute resolution in the construction industry.

SB 1005 (Lockyer), Chapter 227, Statutes of 1993 -- Created the labor-management commission to oversee the programs for preventing and compensating occupational injuries.


Last updated on June 30, 1995
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