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September 2015 Workers’ Compensation Claims Management Claims management by L&I is unbiased and decisions are generally timely. Outcomes could be improved if systems were more focused on prompt and safe return to work. JLARC Staff John Bowden Rebecca Connolly Proposed Final Report: gislative Auditor’s Conclusion:

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Page 1: September 2015 Workers’ Compensation Claims Management Claims management by L&I is unbiased and decisions are generally timely. Outcomes could be improved

September 2015

Workers’ Compensation Claims Management

Claims management by L&I is unbiased and decisions are generally timely.

Outcomes could be improved if systems were more focused on prompt and safe return to work.

JLARC StaffJohn Bowden Rebecca Connolly

Proposed Final Report:

Legislative Auditor’s Conclusion:

Page 2: September 2015 Workers’ Compensation Claims Management Claims management by L&I is unbiased and decisions are generally timely. Outcomes could be improved

Workers' Compensation Claim Management

4

September 2015

L&I uses many tools to communicate

2 Recommendations

1 Recommendation

L&I concursOFM had no formal response

L&I makes unbiased decisions

L&I has

mixed results for timeliness

L&I can improve its return-to-

work efforts

Four major themes in the report

2/12

Page 3: September 2015 Workers’ Compensation Claims Management Claims management by L&I is unbiased and decisions are generally timely. Outcomes could be improved

Workers' Compensation Claim Management

L&I is responsible for managing the workers’ compensation system

Self-InsuranceEmployer ManagedL&I Oversight360 employers statewide

State FundL&I ManagedIncludes Retrospective RatingOptional program, potential for refunds

2 million workers

166,000 employers

87,000 claims accepted

September 2015 3/12

Page 4: September 2015 Workers’ Compensation Claims Management Claims management by L&I is unbiased and decisions are generally timely. Outcomes could be improved

Workers' Compensation Claim Management

Prompt and safe return to work

Stable workforce Limited effect on

premiums

Employers

September 2015

Workers Fewer health impacts Less risk of new injury Less income loss

4/12

Page 5: September 2015 Workers’ Compensation Claims Management Claims management by L&I is unbiased and decisions are generally timely. Outcomes could be improved

Many return to work paths, but not always prompt

away from work, receiving lost wages

AVERAGE COST:

$11,00020%

unable to return to work, may get pension

AVERAGE COST:

$760,0001%

little or no time away from work

AVERAGE COST:

$1,30080%

September 2015Workers' Compensation Claim Management 5/12

Page 6: September 2015 Workers’ Compensation Claims Management Claims management by L&I is unbiased and decisions are generally timely. Outcomes could be improved

Observed L&I Practice for Claims with Lost Time

Best Practice, Industry StandardsClaim manager (CM) calls within 1-2 days

15% called within 30 days

L&I Management of Lost Time Claims Did Not Reflect Key Best Practices

CM develops written claim plan

CM documents actions and results

Minimal documentation, not standardized

Few claims have a written claim plan

Steps to recovery RTW programs Target dates Outcomes Detailed notes

and plan updates

September 2015Workers' Compensation Claim Management 6/12

Page 7: September 2015 Workers’ Compensation Claims Management Claims management by L&I is unbiased and decisions are generally timely. Outcomes could be improved

L&I should institute standards for early phone contact, claim management planning, and clear documentation in claims management.

Recommendation#1

Response L&I Concurs

September 2015Workers' Compensation Claim Management 7/12

Page 8: September 2015 Workers’ Compensation Claims Management Claims management by L&I is unbiased and decisions are generally timely. Outcomes could be improved

Performance Measurement

Pilot programs and support systems could improve return-to-work focus

Technology

TrainingNewly focused on skills that improve return to work outcomes

Return to work not reflected in claims managementmeasures

Complex and not integrated with planning and documentation

Existing programs to provide key return-to-work services are not standard practice

Pilot Programs

September 2015Workers' Compensation Claim Management 8/12

Page 9: September 2015 Workers’ Compensation Claims Management Claims management by L&I is unbiased and decisions are generally timely. Outcomes could be improved

L&I should expand pilot programs and enhance claims management support systems with a focus on return to work.

L&I Concurs

Recommendation#2

Response

September 2015Workers' Compensation Claim Management 9/12

Page 10: September 2015 Workers’ Compensation Claims Management Claims management by L&I is unbiased and decisions are generally timely. Outcomes could be improved

L&I review of employer acceptance decisions adds time and little value

L&I Process Adds 30-45 Days

Self-Insured EmployerAccepts Claim

L&IIssues Formal Order

99%L&I Agreement with Employer Decision

Statute requires L&I review

September 2015Workers' Compensation Claim Management 10/12

Page 11: September 2015 Workers’ Compensation Claims Management Claims management by L&I is unbiased and decisions are generally timely. Outcomes could be improved

The Legislature should allow

self-insured employers to issue formal acceptance orders. L&I should incorporate a review of the orders in its audits of self-insured claims management.

Recommendation#3

Requires Statutory Change

September 2015Workers' Compensation Claim Management 11/12

Page 12: September 2015 Workers’ Compensation Claims Management Claims management by L&I is unbiased and decisions are generally timely. Outcomes could be improved

Contact Information

www.jlarc.leg.wa.gov

John Bowden, Project [email protected]

360-786-5298

Rebecca Connolly, Research [email protected]

360-786-5175

Valerie Whitener, Project [email protected]

360-786-5191

http://leg.wa.gov/jlarc/reports/2015/WorkersCompPhase2/pf/default.htm