ORDERS:
CONSENT ORDER AND ORDER OF DISMISSAL
1. On August 2, 2002, National Council on Compensation Insurance, Inc. (the "Company") made a filing (the
"Filing") with the South Carolina Department of Insurance (the "Department") on behalf of insurers licensed to
write voluntary workers' compensation insurance in South Carolina.
2. The filing requested approval of an increase of twenty and three-tenths percent (20.3%) in the overall average loss cost level for
workers' compensation insurance written in the voluntary program in South Carolina for other than "F"
classifications; and an increase of fifteen and eight-tenths (15.8%) in the overall average loss cost level for workers'
compensation insurance written in South Carolina for "F" classifications. The Filing further requested that these increases be effective December 1, 2002.
3. On December 9, 2002, Elliot F. Elam, Jr., Acting Consumer Advocate for the State of South Carolina (the
"Consumer Advocate") requested the Department to initiate a public hearing on the Filing.
4. On December 13, 2002, the Department filed with the Administrative Law Judge Division an Agency
Transmittal Form requesting a public hearing.
5. The Administrative Law Judge Division assigned this matter to the Honorable C. Dukes Scott under the
Docket No. 02-ALJ-09-0537-CC. A hearing on the matter was set for February 25, 2003.
6. Meanwhile, all parties conducted discovery and the Consumer Advocate and the Department engaged
consulting actuaries to make recommendations regarding the Filing.
7. Upon review of the report from its consulting actuary, the Department directed that the Filing be amended to
provide for (i) an increase of seventeen and five-tenths percent (17.5%) in the overall average loss cost level for
workers' compensation insurance written in the voluntary program in South Carolina for other than "F"
classifications; and (ii) an increase of fifteen and eight-tenths percent (15.8%) in the overall average loss cost level
for workers' compensation insurance written in South Carolina for "F" classifications as originally filed by the
Company; with both such changes being effective April 1, 2003.
8. The Company and the Consumer Advocate have consented to that amendment to the Filing.
9. Based upon the foregoing, the Consumer Advocate now withdraws his original request for a hearing in this
matter.
10. There are no unresolved issues remaining; therefore, all parties agree to the dismissal of this matter.
NOW, THEREFORE, the amendment to the Filing specified above is hereby approved and the above referenced matter is
dismissed.
IT IS SO ORDERED.
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
February 26, 2003
Columbia, South Carolina |
