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Experience Rating Methodology Updates: Check the Filing Before Reading Your Mod

NCCI describes Item E-1409 as a proposed methodology update tied to each state's filing. Match the rating effective date, state and issuer before judging a mod.

By PolicyBenchmarkPublished

A disputed experience-rating rule should be tied to a specific filing, rating effective date, state and issuer before anyone reads the mod against it. NCCI's Experience Rating Plan methodology update describes Item Filing E-1409 as a proposed set of revisions to the Experience Rating Plan, intended to take effect for mods with rating effective dates on and after each state's anticipated loss cost or rate filing (for filings effective on and after November 1, 2023). That wording is NCCI's. It describes a proposal tied to state filings, not a single nationwide switch date.

What the NCCI page says about E-1409

NCCI says it completed a multi-year evaluation of the Plan's methodology and performance, and that Item E-1409 is meant to create a more predictive experience rating modification. According to NCCI, the filing's components include:

  • a more equitable determination of primary and excess losses across states with different cost levels;
  • more comparable Plan performance in states whose claim costs differ significantly from the countrywide average;
  • mods that are less sensitive to large outlier claims;
  • a more consistent calculation of each employer's expected claim count;
  • recalibrated credibility parameters behind the weight and ballast values;
  • removal of complex calculations that add no value.

The page also lists a fact sheet, FAQs, a filing summary and a webinar. It marks Items E-1409 and E-1409-A as content that requires authentication. So the public page tells you the filing exists and what it is meant to change; it does not show the formula, and nothing on it establishes how the factors work in your mod.

Two limits matter for a dispute. First, the page frames the revisions as "proposed" and ties them to each state's anticipated filing, so it does not by itself show that a particular state adopted E-1409 or on what date. Second, it does not say which filing governs your policy. Those are questions to put to your issuer or your state workers' compensation agency, and to test against the mod and worksheet issued for your rating effective date.

Who issues the mod, and what the worksheet is

In NCCI's product documentation for experience rating mods and worksheets, the mod and worksheet service is part of NCCI's Riskworkstation application. The page describes the worksheet as the history used to calculate a business's experience rating, with the underlying loss and payroll detail and, for multistate risks, a state summary page. The mod itself is described as higher-level information, including historical mods for tracking trends over time.

That page describes access for NCCI's own service: a carrier of record can access an insured's worksheet, and someone who is not the carrier of record can use a written letter of authority from the insured. It lists per-item prices for mods and worksheets, but those are not repeated here as what your business would pay, since the access terms describe NCCI's service only and are not a rule for every worksheet issuer. If your mod comes from a different organization, the document and access process may differ, and the NCCI page cannot tell you that.

Rule provenance checklist

Use this as an organizing worksheet with your own records. It is not a legal requirement or a required procedure. Where a row names a possible source, treat it as a question to ask, not an assurance that the document exists or is available to you.

QuestionWhere to startYour answer
Which policy period is being rated?Policy declarations or renewal notice
What is the rating effective date on the mod?The issued mod or worksheet
Which state or states does the mod cover?Worksheet state summary (multistate)
Who issued the mod and worksheet?Header of the document
Which methodology or filing does the issuer say applies to that date?Ask the issuer or carrier to state it in writing
Has the state filing for that date been identified?Ask the issuer, or contact your state workers' compensation agency
Do loss and payroll entries match your own claim and payroll records?Worksheet detail compared with your records

The last row is where many disputes turn practical. A methodology change and a data error are different problems, and the worksheet's loss and payroll detail is where you can test the second one. For a plain-language look at how the mod itself works, see Experience Modification Rate (EMR): What 1.0 Means and How the Mod Is Calculated, and for a check of why a mod changed without new claims, see Why Did My EMR Go Up With No New Claims?.

Finding the state side of the question

Because E-1409, as NCCI describes it, attaches to each state's own filing, the state is part of the question. The U.S. Department of Labor's state workers compensation officials directory points you to the appropriate state workers' compensation official and its website. It is a navigation aid only: it lists agency contact details, such as the Georgia State Board of Workers' Compensation or the New York Workers' Compensation Board, and it says nothing about rating rules, filing approvals or adoption dates. Use it to find the agency, then ask the agency or your issuer which rating rules apply to your policy date. The state guide for your state is a starting point for local context.

A hypothetical way to use the rating date

Suppose, purely as an assumption for illustration, that one employer has two policy periods with different rating effective dates, and a state filing took effect between them. The mod on the earlier worksheet and the mod on the later worksheet may then rest on different methodology, so comparing the two numbers side by side without noting the dates can mislead. This is an invented scenario, not a statement about any real state or filing; the point is only that the rating effective date and the filing date have to be lined up before the comparison means anything.

Confirm with your issuer

  • Which rating effective date and policy period does the mod apply to?
  • Which methodology or filing does the issuer say governs that date?
  • Is the mod issued by NCCI, a state agency or another organization?
  • Can I get the worksheet showing the loss and payroll entries behind the mod?
  • If I am not the carrier of record, can I authorize access with a written letter of authority from the insured?

Next steps

If you want to see how a modifier changes a subtotal, the workers' comp calculator lets you calculate a payroll-and-rate subtotal or compare modifiers you supply on the same confirmed pre-mod subject premium. It does not calculate an official EMR, supply market rates, establish eligibility or class codes, or predict future ratings, so treat its output as a renewal-preparation aid. For the broader coverage picture, see workers' compensation insurance, and for cost context see How Much Does Workers' Comp Cost? Official Figures and How to Read Them.

Have a question about your own situation? Send it to PolicyBenchmark.

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This content is for informational purposes only and does not constitute insurance advice. Always consult with a licensed insurance professional before making coverage decisions.