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State Report Cards

For Workers’ Compensation

2004

 

Background & Methodology

 

Background

 

As workers’ compensation costs continue their upward spiral, it becomes increasingly important to identify those factors contributing to the cost increases, especially those that may be controlled.  History has shown that there are major differences in costs from state to state.  In the past the ratio of workers’ compensation insurance costs from state to state has been over 4 times from the upper to the lower end.[1]  These cost differences can play a major role in the competitiveness of companies operating in these various states, and also on decisions to expand or relocate in those states.

 

There are two major drivers of these workers’ compensation costs.  The first is outcomes, specifically the success within a state in preventing injuries, and when they occur, the success in returning the injured worker to health and productive endeavor, thus avoiding prolonged absence and medical treatment costs.  The second driver of these costs is administrative burden, sometimes referred to as the “friction” inherent in that state’s workers’ compensation system.  “Friction” is the accumulation of rules, procedures, disputes, delays, discretionary charges and patterns of practice, including lawsuits, that press upon the resolution of claims.[2] 

 

This report will focus on the first driver of costs, outcomes, and this is the second edition of  “State Report Cards for Workers' Compensation”.  The first edition was published in March of 2003 and covered data from a single year, 2000.  This report, published in July 2004, is based on data over a three-year period, 2000 through 2002.  Due to accelerated reporting of the 2002 OSHA BLS data, the time lag before publication has been reduced.  Because of the amount of data included in this report, unlike the first edition, this edition does not include all of the data as tables within the report, but instead includes links from within the report (as a Microsoft Word document) to the data in spread sheet files (using Microsoft Excel) for the detailed files providing outcomes by ICD9 code for each state for each year.  Besides keeping this report document to a manageable size, this offers the additional benefit of providing the raw data to users in a format that can easily be manipulated for additional analysis.

 

A key requirement for production of this report was the proprietary crosswalk program that has been developed by Work Loss Data Institute, which converts OSHA-reported data into an ICD9 code format.  This allows condition adjusted analysis and comparison among different states.  This is also a requirement for the use of techniques to improve outcomes, such as evidence based treatment and disability duration guidelines, since these guidelines cannot be applied without a correct diagnosis.  WLDI developed this program for use in publishing guidelines used to improve outcomes in workers’ compensation, including Official Disability Guidelines, ODG Treatment in Workers’ Comp, the ACOEM Occupational Medicine Practice Guidelines, and the CCGPP Chiropractic Practice Guidelines.  More information on these is in Appendix C.

 

Although this report looks only at outcomes, history has shown that over time, costs, as well as other system attributes, will follow these outcomes.  For example, the current troubled state of the California workers’ compensation system could have been predicted years earlier by reviewing the types of outcomes presented in this report.

 

Methodology

 

This WLDI report is based on the Survey of Occupational Injuries and Illnesses from the Bureau of Labor Statistics OSHA Form 200, for 2000 and for 2001, and the OSHA Form 300[3] for 2002, the most recent year for which complete state-by-state data is available.  The Survey of OII is a Federal/State program in which employer reports are collected annually from private industry establishments and processed by state agencies in cooperation with BLS, the principal fact-finding agency for the Federal Government in the field of labor economics and statistics.  The Survey of OII, Form 200 and the latest Form 300 also serve in part as a foundation for Official Disability Guidelines, which is published by Work Loss Data Institute.

 

This OSHA database covers all OSHA recordable cases within those states in the program.  For the year 2002 there were 45 participating states and territories, and 8 states did not participate.  Among those states not participating for the year 2002 were Colorado, Idaho, Mississippi, New Hampshire, North Dakota, Ohio, Pennsylvania, and South Dakota.

 

This special report, “State Report Cards for Workers' Compensation”, is unique in comparing outcomes among different states using comparable measures, putting each state on a level playing field.  For example, there has been significant deterioration in return-to-work outcomes for the country as whole from 2000 to 2002.  Some of this deterioration has been caused by national trends that may be out of the control of individual states, such as overall trends in medical costs and utilization, or the aging of the workforce.  There may also be the effect of changes in the reporting mechanism, i.e., going from workdays with the OSHA Form 200 to calendar-days with the OSHA Form 300.  Since the Report Cards are based on relative performance among states within the same year, they represent a fair evaluation of the success or failure of individual state workers’ compensation systems, to the extent that these national trends are having the same relative effect on each state.

 

Unlike insurance company claims data, the data on which this report is based includes outcomes from self-insured employers, as well as outcomes from employers who have workers’ compensation insurance.  This is important because the percentage of business that is self-insured may fluctuate significantly from year to year.  As insurance premiums go up, large employers tend to self-insure, and when rates go down with the next cycle, they may choose to go with an insurance company again.  Furthermore, there are many options for partial self-insurance.  Many in the industry think the outcomes from self-insured employers are better than insured employers.  Texas represents a unique opportunity to study this because they offer the ultimate in self-insurance, becoming a non-subscriber, which allows employers to opt out of all the requirements of the Texas Workers’ Compensation Commission.  A recent WLDI study found that the median disability durations experienced by non-subscribers may be less than 20% of those reporting to TWCC.[4]

 

In comparing outcomes, six key variables were looked at in depth for each state.

 

1) Incidence Rates

 

Of course, good workers’ compensation outcomes start with prevention; proper attention to safety can minimize the chances of a claim ever happening in the first place.  Specifically, we looked at the incidence of claims involving days away from work for each state.  Table A-2002 (OSHA rates & counts) shows both OSHA Incidence Rates per 100 full-time workers, and OSHA Counts in thousands, for 2002.  Tables A-2001 and A-2000 provide the same information for the years 2000 and 2001.  These tables give rates for Total Cases, Cases Without Lost Work Days, and Lost Work Day Cases, and within the last category it provides rates for Total Lost Work Day Cases (including restricted activity), and for Cases With Days Away From Work.   Finally, it provides a state ranking in red based on the incidence of Cases With Days Away From Work for each state.

 

The national incidence for 2002 was 1.6 cases per 100 full-time workers, compared to 1.7 in 2001 and 1.8 in 2000, reflecting a steady decline in the incidence of cases requiring time out of work.  On a national basis, initiatives to improve safety and prevention seem to be working.  For 2002 the rate varied from a low of 1.1 in North Carolina (NC) to highs of 3.5 in Puerto Rico (PR) and 3.1 in West Virginia (WV).  In other words, if the “worst” states had controlled incidence as well as the “best” states, their number of lost time cases could be cut to one-third of what they are.

 

2) Cases Missing Work

 

When an injury happens, many cases do not require any time off from work and these cases place minimal burden on the system.  Tables A-2002, A-2001, and A-2000 also show OSHA Counts in thousands for each year within each state using the above categories, and calculates a percent of total cases missing work as well as a state ranking in red.

 

For the U.S. as a whole, 31% of OSHA recordable cases required time off from work in 2002, compared to 29% in 2001 and 2000.  On a national basis, we are beginning to see some deterioration in this statistic.  This percentage varied from a low of 22% in Iowa (IA) and Utah (UT) to a high of 76% in Puerto Rico (PR).

 

Since Table A-2002 also provides number of cases, it can be used to identify the relative impact of various states.  In 2002 there were a total of 1,436,200 cases requiring lost work for the country as a whole, compared to 1,537,600 in 2001 and 1,664,000 in 2000, again reflecting improvements made in safety and prevention.  The top five states in 2002 represented about 35% of total cases in the U.S.  These states were California (CA) with 181,400 cases (12.6% of total), New York (NY) with 96,100 cases (6.7%), Texas (TX) with 86,200 cases (6.0%), Florida (FL) with 71,400 cases (5.0%), and Illinois (IL) with 62,600 cases (4.4%).

 

3) Median Disability Durations

 

When a case requires missed work, the longer the case is out the higher the indemnity costs.  Table B-2002 (disability durations) shows Days Away From Work by State for 2002, and Percent of Total Cases by Days for 1 day, 2 days, 3 to 5 days, 6 to 10 days, 11 to 20 days, 21 to 30 days, and over 30 days, along with Median disability duration for 2002.  Tables B-2001 and B-2000 show similar information for the years 2001 and 2000.  The OSHA data from the Form 200 in 2000 and 2001 used workdays, with an average of 5 workdays counted per calendar week.  This changed beginning with the 2002 data, because the new OSHA Form 300 uses calendar days.

 

For the U.S. as a whole, the median disability duration in 2002 was 7 days, compared to 6 days in 2001 and 2000.  This varied from a low of 5 days in Minnesota (MN), Virginia (VA), Georgia (GA), Nevada (NV), Montana (MT), Florida (FL), Iowa (IA), North Carolina (NC), and Guam (GU) to highs of 20 in Puerto Rico (PR), 12 in Texas (TX), and 11 in California (CA).  In other words, if the “worst” states and territories had performed as well as the “best” states, their number of lost days could be cut to one-quarter of what they are.

 

4) Delayed Recovery Rate

 

A key driver of workers’ compensation costs is cases that fail to resolve in a relatively short period of time.  The frequency of long-term injuries has a huge impact on workers’ comp costs. When the injured worker is able to stay at work, or can return within a few days, the average cost of an injury is far less than $1,000. But injuries that extend beyond as little as 30 days have enormous pressure to increase in costs.  They average more than $50,000, and they consume a vast share of money spent on injured workers.[5] 

 

Tables B-2002, B-2001, and B-2000 also show the percentage of cases out of work for more than 30 days for each state, and provide a ranking by state.  For the total U.S., 25.1% of cases were out of work for 31 days or longer in 2002, compared to 22.0% in 2001 and 21.0% in 2000.  This is an ominous trend that has a significant impact on workers’ compensation costs as well as the ability of workers to return to good health and productive endeavor.  This statistic ranged from a low of 15.3% in Minnesota (MN), to highs of 39.3% in Puerto Rico (PR), 34.6% in Texas (TX), 34.2% in California (CA), and 29.1% in New York (NY).

 

5) Key Conditions: Low Back Strain

 

To investigate in depth the different variables in state-by-state workers’ compensation outcomes, it is necessary to analyze each condition within each state.  Some states may have worse outcomes because certain conditions are more prevalent, but if we compare outcomes for different states for the same condition, we can focus more directly on the success or failure of the workers’ compensation systems in each state.

 

The standard classification system for healthcare conditions in the U.S. is the ICD9 diagnostic coding system. The OSHA BLS system, based on the OSHA Form 200 and Form 300, does not use the ICD9 coding system, but Work Loss Data Institute has developed a crosswalk program to convert the OSHA claims to an ICD9 based system.  OSHA captures Nature of Injury, which is similar to the ICD9 coding structure, and in many cases maps directly to the proper ICD9 code.  For example, the OSHA Nature code 1241 is “carpal tunnel syndrome”, and it maps directly to the ICD9 code 354.0, also “carpal tunnel syndrome”.  For other codes WLDI uses a combination of the OSHA Nature Code with the OSHA Body Part code to determine ICD9 code.  For example, the OSHA Nature code 021, “sprains and strains”, when used in combination with the OSHA Body Part code 23 “back”, is used to define ICD9 code 847 “back sprains and strains”.   And, when combined with the OSHA Body Part code 231 “lumbar region” (a subset of 23 “back”), defines ICD9 code 847.2 “lumbar sprains and strains.”

 

Using ICD9 code, the Excel file below provides disability duration outcome information for each condition in the U.S. for each year 2000 through 2002 in three separate worksheets.

 

US total ICD9 2000-2002.xls

 

Separate Excel files provide the same information for each of the 45 states and territories where data is available for the years 2000, 2001, and 2002.  These files include a total of 133 spreadsheet file worksheets, and there is a link to each one under the discussion for each state.  With these spreadsheets it is possible to identify the number of cases within a state for any condition, and determine the outcomes from the cases, including the median durations and the delayed recovery rates.

 

In developing State Report Cards we need to focus on a few significant conditions.  The number one condition is back sprains and strains (ICD9 847), resulting in over 279,688 cases in the U.S. with lost workdays in the year 2002.  In addition to being the most common condition, this is also a condition with a great deal of variability in length of disability and utilization of medical services.  Back strain is a condition for which there are many commonly used treatment modalities, many of which are not supported by the medical evidence.[6]

 

Table C-2002 (back sprains), shows Days Away From Work by State for Back Sprains & Strains (ICD9 847), for the year 2002, and compares state by state outcomes for back sprains and strains, and a state ranking is provided based on median disability duration, plus a ranking for delayed recovery rate (percent of cases out more than 30 days).  The overall U.S. trend for back sprains mirrors the trend for all workers’ comp conditions together, in part because it is the most common diagnosis.  The median in 2002 was 7 days, compared to 6 in 2001 and 2000.  The delayed recovery rate was 23.7% in 2002, 22.0% in 2001, and 20.9% in 2000, showing a steady worsening.  The five states with the best outcomes for back strain in 2002 (in order with the “best” listed first) were Minnesota (MN), Wisconsin (WI), Oregon (OR), Indiana (IN), and Virginia (VA).  The seven worst states (in order with the “worst” listed first) were Texas (TX), California (CA), Louisiana (LA), Delaware (DE), West Virginia (WV), New York (NY), and Illinois (IL).

 

6) Key Conditions: Carpal Tunnel Syndrome

 

While not as common as low back sprains, carpal tunnel syndrome also has a significant impact on workers’ compensation costs.  According to the analysis of cases by ICD9 code, carpal tunnel syndrome is ranked 9th in frequency, but has the longest disability durations among conditions in the top 10.  Furthermore, carpal tunnel syndrome is also seen as a proxy for identification of a successful disability management program.  There is considerable variability in outcomes for carpal tunnel cases.  Appropriate, timely management of diagnostic testing, treatment and vocational rehabilitation is significant.  There are many symptomatic cases  that, when using evidence based diagnostic methods, would be determined not to have the condition at all.[7]  In addition, evidence based treatment guidelines dictate a treatment and return-to-work plan that would result in less lost work-days than the average for even the most severe cases.[8]

 

Table D-2002 (carpal tunnel) shows Days Away From Work by State for Carpal Tunnel Syndrome (ICD9 354.0) for the year 2002, compares state-by-state outcomes, and provides state rankings based on median disability duration and delayed recovery rate (percent of cases out more than 30 days).  Tables D-2001 and D-2000 provide the same information for the years 2001 and 2000.  Nationally the median was 30 days in 2002, 25 days in 2001, and 27 days in 2000.  The outlier percentage was 49.1% in 2002, 44.5% in 2001, and 44.9% in 2000.  The five best performing states for carpal tunnel syndrome were Alabama (AL), Virginia (VA), Iowa (IA), Alaska (AK), and Missouri (MO), and the five worst states were Nevada (NV), Vermont (VT), California (CA), Delaware (DE), and New York (NY).

 

Please note that outcomes for these conditions are also included in the overall outcomes that are also used in grading the different states, so in a sense we are “double counting” for these conditions.  This is deliberate.  As a developer of evidence based guidelines, Work Loss Data Institute has analyzed treatment and return to work outcomes for every condition seen in workers’ comp.  For many conditions, such as broken bones, burns, and minor cuts and bruises, there is little variability in treatment and return-to-work because the medical decision-making is fairly clear, and therefore there is little abuse of the system.  On the other hand, back pain and carpal tunnel syndrome are not like this at all, and they have been responsible for much of the trend for worsening outcomes as well as abuses.  So while there is double counting in the grading system used in this report, this results in increased focus on the drivers of successful outcomes in workers’ comp, and early identification of state systems that are on their way “up” or “down”.

 

Report Cards

 

In preparing an overall report card for each state we looked at each of the above six key outcomes measures, and the state’s rank in that outcome.  A low rank is good and a high one is poor.  (A state ranking number 1 is the best in that category.)  Then we combined the six rankings for each state into an overall ranking, and assigned 5 grades (A, B, C, D, & F) based on where the overall ranking fell.  These grades are summarized in Table E-2002 (state rankings), which shows State Rankings by Measure with Final Grade for 2002, and Tables E-2001 and E-2000 for the years 2001 and 2000.  Table F-2002 (increases) shows Ranking Increases (2002 over 2000) in the Overall Ranking.  Also see the U.S. Map Showing Grades by State.  The results are described in a chapter for each state.

 

Effect of Specific Managed Care Programs

 

A table and supporting spreadsheet analyzes the associations of specific managed care programs to outcomes by comparing the average ranking for those states with the program with the average ranking for those states without the program.  It should be noted that this is a retrospective, observational, non-controlled analysis, and therefore its predictive ability is not the same as if it were a prospective controlled study.  In other words, there could be many other factors that have not been controlled that are causing these differences, and users should be careful in interpreting these results.

 

 


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[1] See Appendix A of this report for a table with workers' compensation insurance costs in 2000, based on data from Actuarial and Technical Solutions, Inc., and a study by the Oregon Dept. of Consumer & Business Services.   This table shows a high of $7.20 per $100 of annual payroll for California (the highest cost state) to a low of $1.62 per $100 of payroll for Virginia (the lowest cost state).

[2] Rousmaniere PF, Denniston PL, “Spiraling workers comp insurance costs: a disturbing trend?”, Risk & Insurance Management, March, 2003

[3] New record keeping rules went into effect on January 1, 2002. OSHA's new record keeping rules were issued on the last day of the Clinton administration. However, the Bush administration put a hold on those rules pending further review. On June 29, 2001, Secretary of Labor Elaine L. Chao announced that the new rules on record keeping would go into effect as originally scheduled on January 1, 2002, with a few minor exceptions.  One of the major changes was to the OSHA Form 300 from the Form 200, and now "Days away" and "days restricted or transferred" are counted on a calendar basis rather than scheduled workdays.  See Appendix B for more information.

[4] Since Texas is unique in having a variation on self-insured called non subscribers, these employers can completely ignore any state WC "friction", and employ other options, such as the ability to "direct care" and use treatment guidelines.  WLDI compared the outcomes from all Texas employers (using BLS OSHA data that comes from OSHA logs and therefore covers all employers) with outcomes from all cases reported to TWCC (which do not include non subscribers).  For the year 2000 the data show:

                                                BLS for TX            TWCC

median duration                   9 days                    50 days

% 31+ days                           28%                        well over 50%

Another significant finding seems to be that state variations in workers comp costs are not necessarily relevant to a self-insured employer with a well-managed program.  The down side of this is that, with adverse selection, the workers' compensation insurance costs (for non self-insured's) in the poorly performing states will accelerate their upward spiral.  (WLDI Custom Report to the Texas ROC, 12-10-02.)

[5] Rousmaniere PF, Denniston PL, “Spiraling workers comp insurance costs: a disturbing trend?”, Risk & Insurance Management, March, 2003

[6] ODG Treatment in Workers’ Comp, Low Back Problems, “The strongest medical evidence regarding potential therapies for low back pain indicates that having the patient return to normal activities has the best long term outcome.  There are many therapies, both invasive and noninvasive, whose purpose is to cure the pain, but there is no strong evidence that they accomplish this as successfully as therapies that focus on restoring functional ability, without focusing on the pain.”, June, 2004, www.odgtreatment.com.

[7] ODG Treatment in Workers’ Comp, Carpal Tunnel Syndrome, “After ruling out ‘red flags’, there is considerable value in, first, making sure the diagnosis of CTS is correct, and second, isolating severe CTS.  Symptoms of pain, numbness, and tingling in the hands are common in the general population, but based on studies, only about 1 in 5 symptomatic subjects would be expected to have CTS based on clinical examination and electrophysiologic testing.  Nerve conduction studies are the ‘gold standard’ in CTS diagnosis, but other tests may also be useful.  Identification and treatment of underlying conditions may resolve symptoms of CTS: pregnancy (usually resolves within 6 weeks after delivery), hypothyroidism, diabetes mellitus, rheumatoid arthritis.”, June 2004, www.odgtreatment.com.

[8] ODG Treatment in Workers’ Comp, Carpal Tunnel Syndrome, “Carpal tunnel release is well supported, both open and endoscopic (with proper surgeon training), assuming the diagnosis of CTS is correct.  (Unfortunately, many CTR surgeries are performed on patients without a correct diagnosis of CTS, and these surgeries do not have successful outcomes.)  Surgical treatment of properly diagnosed moderate or severe CTS may result in faster recovery than prolonged conservative treatment.  A recent Cochrane meta-analysis concluded that surgical treatment of carpal tunnel syndrome seems to be better than splinting. ODG Return-To-Work Pathways: Endoscopic surgery, modified work: 3-5 days; Endoscopic surgery, regular work, non-dominant arm: 28 days”, June 2004, www.odgtreatment.com.