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Payroll Determination for Sole Proprietors, Partners of Legal Partnerships & Members of an LLC

Effective October 1, 2018 the basis of premium for sole proprietors, partners of a legal partnership, and members of an LLC who elect to become employees and obtain workers compensation insurance is $50,400. Refer to Circular Letter #2341.


Executive Officer Payroll Limitations

Effective October 1, 2018 the executive officer payroll limitations, which are based on the state average weekly wage (SAWW), changed to a minimum of $220 (weekly) / $11,440 (annual) and a maximum of $1,100 (weekly) / $57,200 (annual). Refer to Circular Letter #2343.



WCRIBMA Test Audit Program

The WCRIBMA’s Governing Committee has approved the implementation of a test audit program as authorized in Article IV of the WCRIBMA’s Constitution. Under the program, each carrier is required to designate a primary individual to act as the carrier contact (Program Coordinator) to which all subsequent correspondence related to the Test Audit Program will be distributed. To designate a Program Coordinator, please complete the attached Program Coordinator Designation Form. Refer to Circular Letter #2337 for details.


Rate Filing

The Commissioner of Insurance has approved a Stipulation for the general revision of workers’ compensation rates, effective 12:01 A.M., July 1, 2018, applicable to new and renewal policies. The stipulation includes an overall average decrease of 12.9% in the existing workers’ compensation average rates and will vary by class. Rating values in the Experience Rating Plan and the Retrospective Rating Plan will be revised, as well as premium credits in the Massachusetts Benefits Deductible Program and Massachusetts Benefits Claim and Aggregate Deductible Program. Refer to Circular Letter #2328 for the list of revised items.


Terrorism Risk Insurance Program Reauthorization Act of 2015

As a result of the pending expiration of the Terrorism Risk Insurance Program Reauthorization Act , the Division of Insurance (DOI) has approved NCCI’s Notification Endorsement of Pending Law Change to Terrorism Risk Insurance Program Reauthorization Act of 2015 (WC 00 01 15) for use by Massachusetts workers’ compensation insurers effective January 1, 2020. It is optional for voluntary policies and mandatory for all new and renewal assigned risk policies effective on or after January 1, 2020. This endorsement (WC 00 01 15) does not replace the separate Terrorism Risk Insurance Program Reauthorization Act Disclosure Endorsement (WC 00 04 22 B) that is attached to your current policy and which remains in effect as applicable. (Refer to Circular Letter #2344 dated October 25, 2018.)

The National Council on Compensation Insurance Inc.’s (NCCI) Terrorism Risk Insurance Program Reauthorization Act Disclosure Endorsement (WC 00 04 22 B) has been approved for use by Massachusetts workers’ compensation insurers effective January 1, 2015.  Refer to Circular Letter #2252.

The Terrorism Risk Insurance Program Reauthorization Act Disclosure Endorsement (WC 00 04 22 B) is mandatory for all policies effective on or after January 1, 2015 and is available on NCCI’s website under Industry Information/Terrorism Risk Insurance/Resources.


Audit Guidelines for Sole Proprietor and Partnership Certificates of Insurance

Refer to Circular Letter #2199 issued July 3, 2012.


Massachusetts Independent Contractor / Misclassification Law

The Attorney General's Office has released an Advisory on the Massachusetts Independent Contractor/Misclassification Law (M.G.L. c. 149, s. 148B). The Commonwealth’s Independent Contractor Law was designed to protect workers and ensure a level playing field among employers. The Advisory articulates the purposes of the law and provides guidance on the three prong test and other areas of the Law. In addition, the Advisory includes Enforcement Guidelines describing the areas of concern and factors which may be used by the Attorney General's Office in making a determination about enforcement.
Advisory on the Massachusetts Independent Contractor Law issued May 1, 2008
2004 Advisory from the Attorney General


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The Workers' Compensation Rating and Inspection Bureau of Massachusetts
101 Arch Street, 5th Floor
Boston, MA 02110