In the Matter of the Appeal of E M Machining, from a Decision of the Workers' Compensation Insurance Rating Bureau, File ALB-WCA-00-30, Proposed Decision
Published by California Department of Insurance, Administrative Hearing Bureau. Jurisdiction CA.
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The document is captioned PROPOSED DECISION, is dated October 23, 2001, and closes with the administrative law judge stating that he submits the proposed decision and recommends its adoption as the decision of the Insurance Commissioner of the State of California.
claim cdi-ahb-em-machining-2001#c1Footnote 1: the WCIRB is a rating organization licensed by the Insurance Commissioner under Insurance Code section 11750 et seq. to assist the Commissioner in the development and administration of workers' compensation insurance classification and rating systems, and the WCIRB serves as the Commissioner's designated statistical agent for the purpose of gathering and compiling experience data developed under California workers' compensation and employers' liability insurance policies (Ins. Code 11751.5).
claim cdi-ahb-em-machining-2001#c2The decision states that generally it is the business of the employer within California that is classified, not the separate employments, occupations or operations within the business, citing the Plan, Part 3.
claim cdi-ahb-em-machining-2001#c3Footnote 7: rate, as used in the Plan, means the cost of the insurance per unit of exposure (payroll) prior to any application of individual risk variations based on loss or expense considerations applicable to an insurer's classification.
claim cdi-ahb-em-machining-2001#c4The decision states that the rate for each classification reflects the payroll data and loss history associated with the particular operations assigned to that classification, so that if the operations assigned to a classification have a high loss history the rate for that classification will tend to be higher.
claim cdi-ahb-em-machining-2001#c5Footnote 8: under the 2000 version of the Plan, the pure premium rate per $100.00 of payroll for classification 0106, Tree Pruning Repairing or Trimming, is $31.86, and the pure premium rate for classification 8810, Clerical Office Employees, is $.76.
claim cdi-ahb-em-machining-2001#c6Footnote 6: an insurer may develop and file with the Department of Insurance its own classification system upon which a rate may be made, or may alternatively incorporate the WCIRB's classification system and develop rates based on the pure premium rates in the Plan; in any event the insurer's rate filing is subject to the Commissioner's disapproval (Insurance Code section 11734(b)).
claim cdi-ahb-em-machining-2001#c7The carrier's underwriting department contacted the WCIRB and requested that the WCIRB conduct a physical inspection of the employer's plant to verify whether the operations were properly assigned; following its inspection the WCIRB issued a Classification Inspection Report dated August 4, 2000, and later a second Classification Inspection Report, reassigning the operations.
claim cdi-ahb-em-machining-2001#c8Under California Code of Regulations, title 10, section 2509.61(a), a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that he or she is asserting.
claim cdi-ahb-em-machining-2001#c9The administrative law judge concluded that the WCIRB met its burden by showing the end product, employee skills, raw materials and type and use of equipment were more like those of the compared industry, and ordered that the WCIRB's determination assigning the employer's operations to classification 3643(1) is affirmed.
claim cdi-ahb-em-machining-2001#c10The decision records that the carrier initially charged the employer $2.17 per $100.00 of payroll under classification 3681 and that the rate was raised to $4.57 per $100.00 of payroll after reassignment to classification 3643(1), so that the employer's premium more than doubled.
claim cdi-ahb-em-machining-2001#c11
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Reviewer notes
Re-fetched and re-verified 2026-08-31 over HTTPS (HTTP 200, 680,429 bytes); text extracted with pdftotext and read directly. Every claim above was read in the extracted text. Standing corrections: (1) the document is a PROPOSED decision that recommends adoption, and the document itself does not evidence adoption, so the publisher label does not say 'precedential decisions collection', sourceType is regulator-record rather than regulator-guidance, and primary is false; the proposed-decision status is stated in the first claim and in the prose. (2) The decision's footnote 3 cites the Plan as incorporated at Title 10 CCR section 2353.1; the current Plan is cited at Title 10 CCR section 2318.6 and 2353.1 is the Experience Rating Plan, so this source is NOT used for the Plan's CCR section number. (3) The decision quotes the appeal provision as Insurance Code section 11737(c); the current statute carries it at subdivision (f), so the subdivision letter is sourced to the statute, not to this decision. New on this pass: the inspection-report claim was corrected from a bare plural to the record's actual sequence (a report dated August 4, 2000 and a later second report), and the $2.17 / $4.57 insurer-rate figures were added because the prose's point about the size of a reassignment is better carried by them; all dollar figures from this document are labeled as from the 2000 edition and are historical. URL RE-CHECKED 2026-08-31: HTTP 200, no redirect, 680,429 bytes. Re-confirmed today in the extracted text: PROPOSED DECISION and the recommendation of adoption, the October 23, 2001 date, Insurance Code sections 11750 and 11751.5, section 11734(b), the $31.86 and $.76 pure premium rates, the $2.17 and $4.57 insurer rates, classification 3643(1), the August 4, 2000 inspection report, Title 10 CCR section 2509.61, and the section 2353.1 citation that underlies standing correction (2). The decision's own text again reads 'section 11737 (c)', confirming standing correction (3): the current statute carries that language at subdivision (f). Published: 2001-10-23