1 © Copyright 2006 National Council on Compensation Insurance, Inc. All Rights Reserved. Florida Workers Compensation Rate Filing Overview August 29, 2006 Tony DiDonatoLori Lovgren

2 © Copyright 2006 National Council on Compensation Insurance, Inc. All Rights Reserved. Florida Workers Compensation Rates 1/1/0710/1/03 to 1/1/07* Manufacturing -13.0% -34.8% Contracting-13.6% -40.0% Office & Clerical-13.8% -35.7% Goods & Services-12.9% -38.6% Miscellaneous-13.3% -43.0% Overall Average-13.3% -38.9% * Assuming approved as filed

3 © Copyright 2006 National Council on Compensation Insurance, Inc. All Rights Reserved. Declines in Claim Frequency Have Contributed to Florida’s Improving Results Based on NCCI’s financial data. Frequency of lost-time claims. SB 50A Effective 10/1/03

4 © Copyright 2006 National Council on Compensation Insurance, Inc. All Rights Reserved. Data from Current Employment Statistics, Office of Labor Market Statistics, Florida Agency for Workforce Innovation Rolling 12 Mos Avg Lost-Time Claims Per 1,000 Employees SB 50A Effective 10/1/03

5 © Copyright 2006 National Council on Compensation Insurance, Inc. All Rights Reserved. Florida’s Average Indemnity Severity in Excess of Wage Growth Excluding On-Levels Based on NCCI’s financial data for lost-time claims developed to ultimate, but NOT at current benefit level. SB 50A Effective 10/1/03

6 © Copyright 2006 National Council on Compensation Insurance, Inc. All Rights Reserved. Based on NCCI’s financial data for lost-time claims developed to ultimate, but NOT at current benefit level. SB 50A Effective 10/1/03 Florida’s Average Medical Severity in Excess of Wage Growth Excluding On-Levels

7 © Copyright 2006 National Council on Compensation Insurance, Inc. All Rights Reserved. South Carolina*11/1/ % North Carolina 4/1/ % Alabama 3/1/ % Tennessee 3/1/ % Arkansas 7/1/ % Louisiana 5/1/ % Georgia 7/1/ % Mississippi 3/1/ % Virginia* 4/1/ % Kentucky*10/1/ % Florida* 1/1/ % State Voluntary Market Filings Southeastern NAIC Zone * Pending

8 © Copyright 2006 National Council on Compensation Insurance, Inc. All Rights Reserved. Current Average Voluntary Pure Loss Costs Using Florida’s Payroll Distribution

9 © Copyright 2006 National Council on Compensation Insurance, Inc. All Rights Reserved. SB 50A Impact

10 © Copyright 2006 National Council on Compensation Insurance, Inc. All Rights Reserved. NCCI Survey Findings (June 2006) NCCI interviewed 11 of the top Florida writers (69% market share total; primarily claims personnel) on key components of the reform: Permanent Total (PT) –7 of 11 have experienced fewer PT’s. –4 of 11 seeing no change in number of PT’s. –Some mention they expect more activity on PT’s as more cases reach the 104 week mark. –3 of 11 mention medical down to extent there are fewer PT’s or cases are closing faster. –Most agree “sedentary employment qualification” not a significant factor at this point. –3 of 11 mention that PT’s are less litigious.

11 © Copyright 2006 National Council on Compensation Insurance, Inc. All Rights Reserved. NCCI Survey Findings (June 2006) Attorney Fees –4 of 11 see number of litigated cases down. –5 of 11 see no change in number of cases with claimant attorney involvement. –8 of 11 see cases settling quicker. –Some mention that claimant attorneys are still trying creative ways to generate fees outside the fee schedule. –Some see claimant attorneys holding onto to new law cases hoping a judicial decision will permit hourly fees again. –5 of 11 mention that claimant attorneys are holding onto old law cases. Compensability Standards –Most are having success with one or more of the standards. –“Major contributing cause”, “clear and convincing evidence”, apportionment making the most difference.

12 © Copyright 2006 National Council on Compensation Insurance, Inc. All Rights Reserved. NCCI Survey Findings (June 2006) Psychiatric Impairment –9 of 11 seeing less requests for psych. –5 of 11 mention that add-on is now significantly reduced (3 to 15% before 50A and now limited to 1%). –4 of 11 mention that requests for pain management are up. Independent Medical Exams (IME’s) –9 of 11 said # of IME’s down for variety of reasons—less litigation, less attorney involvement, carrier may not be willing to pay for more than one. –5 of 11 said that if injured workers chooses doc on managed care list, carrier will pay for more than one. –Little to no use of consensus IME’s.

13 © Copyright 2006 National Council on Compensation Insurance, Inc. All Rights Reserved. Dispute Resolution –Some see more efficient resolution in some parts of state (north/central, not in south). –Some see fewer and more specific petitions. –Some having success with judges dismissing for lack of specificity. –Little to no use of binding arbitration. Training and Education Benefits –5 of 11 said that the value of this benefit used to be included in settlement negotiations. –6 of 11 said no change. NCCI Survey Findings (June 2006)

14 © Copyright 2006 National Council on Compensation Insurance, Inc. All Rights Reserved. Hospital, Physician and Drug Costs –Hospital: 5 of 11 said no impact; 4 mention seeing hospitals shift costs to surgeries and hardware. –Physician: 9 of 11 say provider participation not improved. –Drug: 10 of 11 say drug costs not improved. Practice Parameters and Standards of Care—Most found no change. Other concerns –Medicare set-asides—delays are costly; extends benefits six to nine months –Civil suits—Aguilera, Jones vs. Martin Electronics—claimants bar threatening civil suits in effort to extort higher workers comp settlements –Increasing fines and penalties from the FL DWC NCCI Survey Findings (June 2006)

15 © Copyright 2006 National Council on Compensation Insurance, Inc. All Rights Reserved. Data from FL Division of Administrative Hearings Recent DOAH WC Activity in Florida SB 50A Effective 10/1/03

16 © Copyright 2006 National Council on Compensation Insurance, Inc. All Rights Reserved. Number of Petitions Filed/New Cases FY 2003 FY 2004 FY 2005 FY 2006 Petitions Filed 154, , ,743 90,803 New Cases Filed* 126,759 64,470 38,827 36,873 *First petition filed in case Data from FL Division of Administrative Hearings

17 © Copyright 2006 National Council on Compensation Insurance, Inc. All Rights Reserved. State of Florida WC Market

18 © Copyright 2006 National Council on Compensation Insurance, Inc. All Rights Reserved. Florida Written Premium 2005p: Preliminary based on NAIC Annual Statement data.

19 © Copyright 2006 National Council on Compensation Insurance, Inc. All Rights Reserved. Largest Writers in Florida Labels Reflect Market Share Based on NAIC Annual Statement data.

20 © Copyright 2006 National Council on Compensation Insurance, Inc. All Rights Reserved. Residual Market Percentage Calendar Year 2005 Data is evaluated as of 12/31/2005. Percent

21 © Copyright 2006 National Council on Compensation Insurance, Inc. All Rights Reserved. Residual Market Policy Count Policy Year 2005 in Thousands Data is evaluated as of 12/31/2005.