2018-09-19 Merit Appeals Board Minutes

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Merit Appeals Board September 19, 2018 MR. BRILHANTE: So, I mean, it’s—what happened—what’s—what I’ve surmised or I’ve concluded is that—like I said—workers comp has been, somewhat, left to run on its own—it’s been like a stepchild back in the corner over there. And it’s been just, kind of, running on its own with not much supervision, not much management. I mean, Charmaine Kamaka—great lady, very smart, very intelligent—she was a safety person. She led the Safety Division. We had Nora Pinao come over from Corp. Counsel—J knows work comp. He did work comp. It’s just not a glamorous job that people want to do. So, I mean—so, it’s been, kind of, left on its own—no supervision. The attitude was if it doesn’t make noise we not going to put oil on it. So they just let it run on its own. We set a budget. We’re self-insured—2.1 million seems to carry it. If they need more money, we go in and they get more money. If they save money, they save money. But it’s just, kind of, been autonomous running on autopilot. And I think, unfortunately, with this audit and the findings and the results of the audits—I don’t think we can operate that way anymore. So, that’s why—I would love to make the whole system to a TPA for all of the County’s work comp claims. I think there is one jurisdiction. It’s Kaua‘i. They do TPA, but the only reason Kaua‘i has afforded to do the TPA is because they never had civil service. All work comp used to come through the State up until about 16 years ago—then the State gave it up. They said, “We’re not going to do it anymore, counties”—we’re left having to do their own. CHR. NAHUINA: Sure. MR. BRILHANTE: So, each county was required to do their own, and that’s how our work comp division came on board. And when Kaua—when that transitioned to Kaua‘i—Kaua‘i immediately went to a—to the TPA. So, they privatized it, but they never did the work so we— that Kono issue as to whether or not the job was historically and customarily performed by civil servants was never an issue because they never had those positions, whereas, we created a Workers Comp Division. So we have 6 positions in work comp—adjustors and investigators and all that type of stuff that—we even had an attorney—Nora Pinao, prior to her demise— MS. NAMAHOE: Yeah. MR. BRILHANTE: She worked. She was assigned. She worked—she had an office right back there in Work Comp. MS. NAMAHOE: Noralyn Pinao (inaudible). CHR. NAHUINA: Oh, you know what, I appreciate is the fact that you are aware of this situation. You brought up as a possible fourth goal, so we know that it is hot and you’re aware of it. And just keep us abreast of what’s happening— MR. BRILHANTE: I will. Page 17