HomeMy WebLinkAboutCOM 0888.001 1998-2000
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Stephen K. Yamashiro Jay A. Sasan
Mayor Safety Cnnrdiwt,,r
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DIVISION OF INDUSTRIAL SAFETY
Workers' Compensation Unit
35 Wailuku Drive • Hilo, llawaii 96720 • (808) 961-8344 Fax: (808) 961-8416
MEMORANDUM
TO: James Y. Arakaki
Chairman, Hawaii County Council
FROM: Lester Ishado
Deputy Corporation Counsel
RE: Workers' Compensation Unit Staffing
Communication No. 888 (Bill 312-00)
DATE: August 31, 2000
This memorandum has been prepared in response to Councilman Curtis
Tyler's August 22, 2000 request for a five-year projection on cost savings.
A copy has been faxed to Mr. Tyler's office at his request.
The County of Hawaii's Workers' Compensation Unit (herein, "WCU") is
seeking approval of additional positions for a workers' compensation
specialist III (SR-22) and a personnel clerk II (SR-15). The WCU notes the
concerns of the Council, that (undisputed) workers' compensation benefits
be paid in a timely manner. The WCU expects that additional staff will
enable it to pay (undisputed) benefits in a timely and efficient manner. In
this instance, since moneys are being paid out, it may be difficult to see the
"cost savings" to the County. Please remember that the payment of
Comm. No.
File No. _
Ref, To:
Ref, Date SEP 0 7 9008
James Y. Arakaki
Chairman, Hawaii County Council
Page Two
August 31, 2000
(undisputed) workers' compensation benefits is mandated by statute, and
the efficient and timely payment of benefits helps the County to maintain
employee confidence and morale.
The WCU expects that additional staff will enable it to scrutinize disputed
claims more carefully, e.g. coverage, payment of temporary disability
benefits (TTD), and payment of medical treatment.
The WCU expects that additional staff will enable it to monitor and review
the open cases more efficiently and to determine which cases can be
settled and/or closed. The WCU is not suggesting that benefits be
terminated solely as a cost savings measure. Experience has shown,
however, that in some cases, benefits are not warranted and are being
overpaid because the WCU does not have the staff to monitor and review
cases on a regular basis. This could be costly. For example, an employee
who is injured in 2000 and who is entitled to the maximum rate would
receive annual payments of $27,508.00 in TTD benefits alone.
The five-year cost projection for funding the workers' compensation
specialist III position (SR-22) and personnel clerk II position (SR-15) is
attached hereto for a comparison with the projected cost savings.
The WCU did a quick review and sampling of open cases. The five-year
projection for cost savings to the County begins with the identification of
potential cost saving areas:
1. Review all cases over ten years old. There are approximately
80 cases that began prior to 1990. Review all cases over five
years old. There are approximately 120 cases that began prior
to 1995. Review all cases over two years old where benefits are
paid on a regular basis.
James Y. Arakaki
Chairman, Hawaii County Council
Page Three
August 31, 2000
2. Identify those cases that may be closed with a minimum of
paperwork.
3. Identify those cases that have continuing liability for the County
and can be settled through negotiation. A quick review and
survey of open cases shows that there are at least 30 to 40
cases in this category. Proceed to negotiate a settlement and
close file. This number may increase as additional claims are
filed. The WCU hopes to close 10 to 15 pending cases a year
and to keep the number of new cases in this category down to a
reasonable number.
4. Identify those cases that are disputed, deny coverage, and
litigate. A quick review and survey of open cases shows that
there are at least 30 to 40 cases in this category. Included in
this number are some cases that have gone through a hearing
and resulted in a favorable decision for the County, and that
were then appealed by the employee. Also included in this
number are some cases that warrant a deeper investigation.
Proceed to litigate and close file. This number may increase as
additional claims are filed. The WCU hopes to close 10 to 15
pending cases a year and to keep the number of new cases
down to a reasonable number.
Potential cost savings can be found in cases that were litigated at the
Department of Labor and Industrial Relations. The WCU did a quick review
and sampling of 12 cases in which the County received a favorable ruling.
The cases were appealed (or are likely to be appealed) by the employees.
A favorable appellate ruling in all 12 cases could save approximately
$100,000.00 over a one-year period. The cost savings would increase as
subsequent years are included.
James Y. Arakaki
Chairman, Hawaii County Council
Page Four
August 31, 2000
There is, of course, no guarantee on the outcome of any appeal. However,
this sampling of litigated cases shows the importance of having sufficient
staff to monitor, and when necessary, litigate disputed claims, and to
recognize and resolve disputed claims in the early stages of a case. There
are a similar number of cases that have not gone through hearing as yet.
Potential cost savings can also be found in the cases that were settled
through negotiation. See August 10, 2000 memorandum for a description of
five cases with a cost savings of approximately $85,000.00. The WCU did a
quick review and sampling of another 10 cases that show potential cost
savings in the neighborhood of $85,000.00.
Although there are large amounts of moneys involved, as described above,
this Memorandum does not state or imply that the County will save
hundreds of thousands of dollars in just one year. Some of the benefits paid
out cannot be avoided. On the other hand, please remember that cost
savings in one year are reflected in cost savings in the same case in
subsequent years. The WCU expects that cost savings will cover the
annual costs of the additional staff. A conservative estimate of cost savings
projected over a five-year period is attached hereto.
Regrettably, I will be on the mainland and unable to attend the next Council
meeting. I hope that this memorandum adequately addresses your
concerns. Please call me if you have any questions or comments. Thank
you.
Cc: Managing Director
Ted Hong, Esq.
Dixie Kaetsu
Jay Sasan
Workers' Compensation Projection
Projection of Additional Cost of Adding Two Workers' Compensation Positions:
The projected cost of adding two new positions is shown below. The W.C.
Claims Specialist III and Personnel Clerk are funded for nine months in
FY2001, and twelve months in subsequent years. Salary increases as
approved for HGEA are factored in, as are step movements. Fringe benefits
are estimated at 35%, which is the approximate average for the past five
years, and includes FICA, retirement, health insurance, workers'
compensation, and unemployment insurance.
Salary Fringes Total
2001 44,784 15,674 60,458
2002 62,228 21,780 84,008
2003 64,425 22,549 86,974
2004 65,063 22,772 87,835
2005 67,014 23,455 90,469
Costs: 303,514 106,230 409,744
Projection of Savings Attributable to Workers' Compensation Staffinq Increase:
To be very conservative, assume that each year, $50,000 in savings is generated
through a combination of closing out old cases and more careful review of new
cases. The savings generated in each year will continue into the subsequent
years. This results in a "snowball" effect, with, for example, a $50,000 savings
in the first year resulting in a total savings over five years of $250,000.
2001 2002 2003 2004 2005 Cumulative
1stYear 50,000 50,000 50,000 50,000 50,000 250,000
2nd Year 50,000 50,000 50,000 50,000 200,000
3rd Year 50,000 50,000 50,000 150,000
4th Year 50,000 50,000 100,000
5th Year 50,000 50,000
50,000 100,000 150,000 200,000 250,000 750,000
Less costs (60,458) (84,008) (86,974) (87,835) (90,469) (409,744)
Net savings (10,458) 15,992 63,026 112,165 159,531 340,256
Conclusion:
Over five years, the estimated savings the County may realize as a result of
adding the two new positions in the Workers' Compensation Unit is over $340,000.