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26LSO-0420
2026
STATE OF WYOMING
26LSO-0420
Numbered
2.0
HOUSE BILL NO. HB0168
Experience ratings-amendments.
Sponsored by: Representative(s) Larsen, L and Wylie and Senator(s) Pappas
A BILL
for
AN ACT relating to labor and employment; prohibiting the request of experience ratings as specified; amending provisions related to experience rating chargeability; providing definitions; making conforming amendments; requiring rulemaking; specifying applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
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W.S. 27
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208 is created to read:
27
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208.
Experience ratings; prohibition; penalties; definitions.
(a)
As used in this section, "experience rating" means a rating procedure used by the division to set worker's compensation premiums that utilizes the past claims experience of an employer to forecast future losses associated with that specific employer. For purposes of this subsection, the calculation of the rating includes calculations where the employer's claims experience is measured against the claims experience of employers in the same classification, producing a prospective premium credit, debit or unity modification. For purposes of employment, "experience rating" shall not be considered a reflection of an employer's safety record.
(b)
Except for litigation purposes and for actions by the division related to the operation of the worker's compensation system, the following actions are prohibited:
(i)
Requesting a person's experience rating for the purpose of determining the person's employment safety record;
(ii)
Regarding any construction project taking place in this state, requesting an experience rating in order to obtain the safety record of any contractor or supplier, regardless of whether the contractor or supplier is domiciled within the state.
Section 2
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W.S. 27
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201(d) and by creating an new subsection (w) is amended to read:
27
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201.
Rates and classifications; rate surcharge.
(d)
In addition, the plan of rating shall use an experience rating system based on three (3) years claim experience, or as much thereof as is available, for employers enrolled under it. This system shall reward employers with a better than average claim experience, penalize employers with a worse than average claim experience and may provide for premium volume discount so long as the account remains actuarially sound. Discounts from or penalties added to base employment classification rates because of claim experience shall not exceed sixty
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five percent (65%) for rates through calendar year 2016 and shall not exceed eighty
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five percent (85%) for rates beginning with calendar year 2017.
An employer who is current on premium payments required by this act may apply to the division for a determination of experience modification rating chargeability for an injury to the employer's employee.
The division's determination of chargeability shall be reviewable as provided in W.S. 27
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601(k)(iii) and (iv).
If the division, by a preponderance of the evidence, determines that an employee's injury was primarily caused by a third party, the injury shall not be charged to the employer's account.
The employer shall bear the burden of proof in any action brought by the employer for a chargeability determination.
If an employer's account is determined to be unchargeable under this subsection, the employer's account shall not be further credited upon recovery from a third party by the division.
The division shall by rule and regulation establish necessary procedures for a determination of chargeability.
Any determination by the division regarding causation of an injury pursuant to this subsection shall be used only for ratemaking purposes and shall not be admissible in any civil litigation regarding the injury.
(w)
The division shall make a determination of experience rating chargeability within fifteen (15) days of the filing of a report of injury or within forty
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five (45) days after the division's issuance of a request for additional information, if the additional information is provided in a timely manner. The division's determination of chargeability shall be reviewable as provided by W.S. 27
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601(k)(iii) and (iv). If the division determines that an employee's injury was primarily caused by a third party, the injury shall not be charged to the employer's account. If an employer's account is determined to be unchargeable under this subsection, the employer's account shall not be further credited upon recovery from a third party by the division. If a written request for hearing on the issue of chargeability is not filed within fifteen (15) days of a determination of chargeability, and information not available at the time of the initial chargeability determination shows that an employee's injury was primarily caused by a third party, an employer who is current on premium payments required by this act may apply to the division for a redetermination of experience rating chargeability for an injury to the employer's employee not more than one (1) year after the date of an original determination. The employer shall bear the burden of proof in any action brought by the employer for a chargeability determination. The division shall promulgate rules to establish necessary procedures for a determination of chargeability. Any determination by the division regarding causation of an injury pursuant to this section shall be used only for ratemaking purposes and shall not be admissible in any civil litigation regarding the injury.
Section 3
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This act shall not be construed to impair any contract or agreement involving experience ratings entered into before July 1, 2026.
Section 4.
This act is effective July 1, 2026
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(END)
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HB0168