List of States
All states except eleven participate in Interstate Experience Rating. The exceptions are:
Ohio, North Dakota, Washington, Wyoming
*Note: The West Virginia WC Commission ceased operations effective 12/31/05 and was replaced by BrickStreet Mutual Insurance Co. BrickStreet was the only source of WC coverage through mid-2008; at this time, WV is open to all insurers.
California, Delaware, Michigan, New Jersey, Pennsylvania
From Intra to Inter
A risk has a single state operation and an intrastate mod. The risk expands into other states and is now a multistate employer. When this situation occurs, the intrastate mod applies to all states in the interstate program until a couple of years later when it will qualify for an interstate mod. For states not participating in the interstate program, neither an Indiana intrastate mod nor an interstate mod would apply to premium generated in those states.
The Experience Rating Plan Manual, Rule 2.A.5.a.(2), page R5, reads "In cases where experience developed in one or more additional states is not yet included in the experience period, the intrastate experience modification shall apply." Also see the Interstate Rating administrative procedures, Rule VI, page 5.