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July 1, 2020 Regulatory Filing Quick Reference Guide: USRP and ERP Changes

 

Table of Contents

 

Uniform Statistical Reporting Plan

New COVID-19 Rule: Clerical Office Employees

New COVID-19 Rule: Basis of Payroll

New COVID-19 Rules: Claims Reporting
 

Experience Rating Plan

Exclusion of COVID-19 Claims from Experience Modification

Summary of Approved Changes to the Insurance Commissioner’s Workers’ Compensation Regulations Published by the WCIRB
 

This reference guide summarizes the changes to the California Workers’ Compensation Uniform Statistical Reporting Plan—1995 (USRP) and California Workers’ Compensation Experience Rating Plan—1995 (ERP) approved by the Insurance Commissioner to be effective July 1, 2020. This reference guide was created by the WCIRB as a convenience for its member insurers, agents and brokers, policyholders and others to provide an overview of notable amendments; it does not contain a description of all approved changes to the plans. It is not an official regulation and does not bear the official approval of the California Department of Insurance.

For more details and information on all changes, please view the WCIRB’s July 1, 2020 Special Regulatory Filing in the Filings and Plans section of wcirb.com, or click on the following links to view the actual plans:

New COVID-19 Rule: Clerical Office Employees

Part 3, Section III, General Classification Procedures, was amended to add Rule 7, Coronavirus Disease 2019 (COVID-19), to permit during a statewide California COVID-19 stay-at-home order the following: The division of an employee’s payroll between Classification 8810, Clerical Office Employees, and a non-standard exception classification when the employee’s work is exclusively clerical in nature and the non-standard exception classification does not include Clerical Office Employees.

View the handout

 

New COVID-19 Rule: Basis of Payroll

Part 4, Section IV, Exposure Information, Rule 1, Classification Code, and Rule 4, Exposure Amount, were amended to report payments excluded from remuneration pursuant to new Rule 7, Coronavirus Disease 2019 (COVID-19). Payments made to an employee while the employee is performing no duties of any kind in service of the employer are to be excluded from payroll when the payments are equal to or less than the employee’s regular rate of pay.

View the handout

 

New COVID-19 Rules: Claims Reporting

Part 4, Section V, Loss Information, Rule B, Loss Data Elements, Subrule 4, Catastrophe Number, was amended to add Catastrophe Number 12 for the reporting of COVID-19 claims.

Appendix III, Injury Description Codes, Section B, Nature of Injury (Positions 3-4), and Section C, Cause of Injury (Positions 5-6), were amended to add a Nature of Injury code and a Cause of Injury code for COVID-19 claims.

View the handout


Experience Rating Plan

Effective July 1, 2020

Exclusion of COVID-19 Claims from Experience Modification

Section VI, Rating Procedure, Rule 2, Actual Losses and Actual Primary (Ap) Losses, was amended to specify that all claims directly arising from a diagnosis of Coronavirus Disease 2019 (COVID-19) shall not be reflected in the computation of an experience modification.