Court Sides with Insurance Commissioner in Rate Decision Lawsuit
The Massachusetts Supreme Judicial Court reviewed two Commissioner of Insurance decisions that rejected rate filings submitted by the Workers’ Compensation Rating and Inspection Bureau of Massachusetts — a 2023 filing seeking a 7.6% decrease (commissioner ordered 14.6% instead) and a 2024 filing seeking a 7.1% increase (commissioner kept rates unchanged).
- The court upheld the commissioner’s use of five years of historical data (2018-2022) rather than WCRIB’s customary two years, finding this was justified by anomalous COVID-19 pandemic data from 2020.
- However, the Court found the commissioner failed to explain how he arrived at the specific 14.6% rate decrease figure).
- The court has ordered the commissioner to provide a reasoned explanation for the decrease.
Bill Boosts Workers’ Comp Benefits for Workers Assaulted at Work
- The Connecticut legislature has passed Public Act No. 26-12, which in part enhances workers’ compensation benefits for health care workers and educators assaulted at work due to negligent conduct.
- Under the legislation, which will take effect Oct. 1, affected workers who are totally or partially unable to work due to an assault will receive replacement wage benefits equal to 100% of their average weekly wage with no caps, up from the current roughly 75% with caps.
- Workers must also be compensated for related medical expenses and lost wages for court appearances connected to the incident, and must receive full pay during such absences without those absences counting against sick leave, vacation, or personal time (employers may deduct workers’ compensation amounts from wage payments).
- The enhanced benefits cover teachers, education board members, student teachers, and health care workers who provide direct patient care or have direct contact with patients or their families.