L&I Holds Public Hearings on Proposed Workers' Comp Rate Increases

The Department of Labor and Industries (L&I) announced an increase to workers’ compensation insurance premiums for 2010; however they are lower than predicted. The expected average increase was to be 15-20% next year. L&I Director Judy Schurke today proposed an average increase of 7.6%.

“We have pushed this proposed rate increase down to the lowest possible level given the uncertain state of our recovery from this deep recession,” Schurke said.

With an increase of 7.6 percent, average premiums would go up by about 4 cents per hour worked. The proposed increase is an average for all Washington employers. Individual employers could see their rates go up or down, depending on their recent claims history and changes in the frequency or cost of claims in their industry.

You can attend a public hearing to comment before the final 2010 rates are adopted. There are six hearings that will be held in different areas across the state. You can attend a hearing in/on:

• Tukwila: Oct. 27, 1 p.m., L&I Office, 12806 Gateway Dr.
• Tumwater: Oct. 28, 10 a.m., L&I Headquarters, 7273 Linderson Way S.W.
• Vancouver: Oct. 28, 10 a.m., Red Lion Inn at the Quay, 100 Columbia St.
• Bellingham: Oct. 29, 1 p.m., Bellingham Quality Inn, 100 E. Kellogg Road
• Spokane: Oct. 30, 9 a.m., Spokane Airport Ramada, 8909 W. Airport Dr.
• Richland: Oct. 30, 2 p.m., Richland Hampton Inn, 486 Bradley Blvd.

Written comments, accepted through Nov. 7, may be e-mailed to Ronald Moore, Employer Services Program Manager, or mailed to him at the Department of Labor & Industries, P.O. Box 44140, Olympia, WA 98504-4140. Faxed comments should go to 360-902-4729.

WA Supreme Court Dealt Blow to Tort Reform

Today the LRC issued a press release that discussed the results of the recent State Supreme Court decision, Putman v. Wenatchee Valley Medical Center. The decision effectively ends the certificate of merit statute.

The AIAWA is one of the founding members of the Liability Reform Coalition (LRC) and a longtime advocate for certificate of merit, which has been enacted in a dozen states.

What the certificate of merit does in the physician liability system is require a plaintiff to provide a qualified expert, at the time of filing a lawsuit. The expert must be willing to state there is a probability that the defendant's conduct did not meet the required standard of care.

The State Supreme Court tossed out the certificate of merit declaring it unconstitutional. It’s noteworthy that the trial court found not having a certificate of merit unconstitutional - the opposite ruling. The LRC writes, "In the 2006 legislative session, personal-injury lawyers and physicians negotiated several modest liability reform measures, one of which was the certificate of merit. Over the past three years these reforms have incrementally aided in the fight to end lawsuit abuse in the medical liability arena."

With the certificate of merit no longer required the door for frivolous law suits has been opened. The AIAWA was considering seeking a certificate of merit law for design lawsuits; this now seems like an impossibility. You can read the entire ruling by the court here.

Pending U.S. Legislation that will Affect Energy Codes.

According to an article written by Architecture 2030, the current U.S. House Bill, H.R. 2454: American Clean Energy and Security Act of 2009, is vital to AIA goals. The bill was passed by the House and is now on the U.S. Senate floor pending a vote.

The article highlights just how important the passage of this bill is, “ No matter what else is compromised or changed in the climate bill working its way through the Senate, Section 201 must not be changed or weakened. Why? Because all other energy and emissions reduction approaches pale in comparison to what Section 201 will accomplish. Without it, we simply cannot meet the greenhouse gas (GHG) emissions reduction targets called for in the bill. We won’t even come close.”

The article goes on to highlight how the new building energy codes will change current standards. You can read the entire article here.

Pending Rulemaking on Renewable Energy

The Department of Revenue is holding a public meeting regarding Renewable Energy System Cost Recovery (Rule 273 - WAC 458-20-273).

The meeting will be held:
September 22, 2009 @ 10:00 AM
WA State Criminal Justice Training Commission (WSCJTC)
19010 - 1st Avenue South
Burien, Washington 98148

The public meeting will examine amendments to Rule 273 due to the passage of Senate Bill 6170, which is the new legislation that amended the rule.

The effects of the new legislation are:
(1) increases the annual payment limitations to consumers,
(2) increases the limitations on the incentive payments made by participating light and power businesses,
(3) changes the formula used to determine payment amounts based on "economic development kilowatt-hours," and
(4) extends the incentive program to community solar projects.

You can see the agenda for the meeting and find out additional information by clicking here.