Call to Order
- 9:02 AM
Roll Call
- Carol Isen, Human Resources Director - Present
- Sophia Kittler, Mayor’s Budget Director (Represented by Matthew Puckett) - Present
- Carmen Chu, City Administrator (Represented by Mark Hennig) - Present
- Erik Rapoport, Deputy Executive Director, San Francisco Employee Retirement System - Absent
- ChiaYu Ma, Deputy Controller, Controller’s Office (Represented by Devin Macaulay) - Present
- Matthew Barravecchia, Deputy City Attorney, City Attorney’s Office - Present
Item No. 1 - Public requests to speak on any matter within the jurisdiction of the Workers’ Compensation Council appearing on the agenda
Speaker: Carol Isen, Chair
Council Comment:
None.
Public Comment:
None.
Item No. 2 - Approval with possible modification of minutes
- Action: Minutes from November 4th, 2024, were approved without objection.
Item No. 3 - Report from the Workers’ Compensation Divisions DHR and SFMTA
Speakers: Julian Robinson, DHR Deputy Director, Workers’ Compensation Division; Mike Cotter, DHR Finance Director; and Jim Radding, SFMTA Manager, Workers’ Compensation Division
Report on Accomplishments and Initiatives, Temporary Modified Duty Report, and Data Insights
Julian Robinson introduced himself, along with Mike Cotter and Jim Radding, to discuss accomplishments and initiatives, temporary modified duty, and data insights.
Mike Cotter explained the new presentation format, requested by the council, will streamline content, integrate CCSF data with SFMTA data, and quantify key initiatives. In future meetings, we will have real time data reporting from Power BI which can be shared on city department dashboards.
Julian Robinson, Workers’ Compensation Director, shared accomplishments and initiatives, continuing from last quarter.
- The Board of Supervisors approved changes to the Catastrophic Illness program which will provide a streamlined process for applicants.
- 15 new providers were added to the Medical Provider Network (MPN), to increase access to mental health care.
- WCD is piloting a program designed to speed up psych treatments by offering a telehealth provider for Police, Fire, and Public Health mental health claims at a faster rate.
- WCD is currently preparing to re-file our MPN with the State as required every four years, due March 2025.
- Due to changes in Labor Codes 3550 and 3551, WCD added language to Time-of-Hire notices, shared this with employees, and posted the changes on the DHR website.
Next, Jim Radding of SFMTA summarized the importance of shorter claim duration.
- The lightspeed program has reduced the time from date of knowledge to date seen by adjuster, to three and a half days.
- The SFMTA early intervention program nurses facilitate proactive care between the worker and doctor, resulting in faster return-to-work.
CCSF Workers Compensation Division Director Robinson next discussed current modified duty efforts, findings, challenges, and next steps.
During the first two quarters of this fiscal year, Temporary Transitional Work Assignment (TTWA) data analysis showed a substantial difference in cost when a claim is accommodated vs. when a claim is not accommodated.
- 92% of claims reported were eligible for modified duty
- 69% of tracked claims were accommodated for modified duty, and 31% were not
- 22 lost days per claim were incurred where the department accommodated modified duty
- 78 additional lost days per claim were incurred where department did not accommodate modified duty
- An average claim cost of $19,500 in additional lost-time benefits when not accommodated.
Julian Robinson next presented TTWA data from top ten accommodating departments during the first half of FY24-25. The Fire department accommodates an impressive 97% of staff in need of modified duty. REC follows with 85% and AIR follows with 78% modified duty accommodations. Many large departments are doing well in terms of accommodating modified duty.
Jim Radding presented the SFMTA modified duty program, called the Ambassador Program. There are 35 – 50 injured workers on the program at any given time, with an average savings of $24,000 per claim. SFMTA provides transferable skills to injured workers, and up to six months of modified duty to help allow for recovery.
Council Comment:
None.
Next, Department CFO Mike Cotter presented a summary of FY Q2’s high level performance key metrics.
WCD saw cost increases in Q2, largely due to cost-of-living, TD, PD, and salary increases. The duration of open claims is beginning to descend and level out to reflect numbers that were consistent during the years prior to COVID. We are doing a great job at closing claims, opening 700 new claims and closing slightly more. We intend to continue to review open claims to lower costs.
Mike Cotter explained the big takeaway is increased 4850 salary continuation costs which continue to increase year after year. Please be advised that 4850 salary continuation costs reside within the department budget and not the workers’ compensation budget. However, once the statute for 4850 is exhausted, costs then typically transition back to workers’ compensation temporary disability. In the next council meeting, we plan to present even more data and analysis on the rising cost of 4850 claims within department budgets and which over time may eventually become workers’ compensation expenditures.
Julian Robinson explained in more detail that labor code 4850 provides benefits for up to one year within a five-year statute of limitations. However, per the Labor Code, The City and County of San Francisco’s Fire and Police are exempt from 4850 because they have a comparable benefit in the Admin Code called Disability Pay. Disability pay and assault pay pull from the 4850 reserve bucket, but are not subject to the five-year statute. If a claim is, for example, ten years old, the injured worker goes off work and the claim is still open, they can still receive DP. Once the one year is exhausted, and the
injured worker is out for a year or more, the claim is paid from temporary disability which then is paid by the workers compensation budget within the five-year statute.
Jim Radding summarized SFMTA claim volume and costs from the second quarter of this fiscal year. Future medical closed claims costs are higher, and the indemnity cost average per claim this quarter is $26,000. Evaluating older claims will help us lower duration of new and open claims. SFMTA continues to see more claims closed in Q2 due to an initiative to settle older claims, resulting in 101% closed claim ratio to open claims.
Temporary disability payment distributions increased in Q2 due to approximately 50 more SFMTA claims in the last six months. Meanwhile, permanent disability has seen an uptick due to Intercare settling more claims, again, resulting in 101% of closed claims to open claims.
Council Comment:
Matthew Barravecchia asked if the rise in temporary disability was a function of rates going up and increased claim volume. Jim Radding responded that yes, due to increased volume and rate increases on 1/1/2024 and again on 1/1/2025, there has been a rise in temporary disability.
Julian Robinson shared data on claim filing frequency of both CCSF and SFMTA. Filing frequency for indemnity, overall, is down due to the return to pre-pandemic levels, and the sunset of a COVID presumption. Medical claims, with no lost time, went up.
The top five departments injury trends show a return to 10 per 100 Full Time Equivalent (FTE) for CCSF. In 2022 Fire, Police, and Sheriff peaked, but have now decreased more than 50%. Currently Public Health projects above city average at 13 FTE.
SFMTA shows 10.5 to 11 FTE out of 100. The six-month results show SFTMA at 6 FTE and projection for all of 2025 may be 12, due to an increased 50 additional claims.
The top two claim causes of injury within CCSF include bodily motion, then cumulative trauma over time. The top two claims cause of injury within SFMTA are physical assault claims and vehicle incidents. Jim Radding said the average assault claim costs $11,000. Physical assault claim volume decreases are related to efforts of the city’s Workplace Violence Protection Program.
Council Comment:
Carol Isen asked about claim cause groups categories. Julian Robinson explained causation group definitions are used by the WC division and Intercare. Category details can be found in the presentation appendix sent via email to council members prior to each council meeting.
Matthew Barravecchia asked if the group of assault claimants all receive their full salary. To which Jim Radding replied the assault category includes both verbal and physical assaults, and physical assault victims do receive battery pay while verbal assault victims do not. He offered to get the volume of each subgroup to share for the next meeting.
Matthew Barravecchia asked if TTWA data is expected to rise or plateau? Julian Robinson replied the departments are each at different stages of efficiency, and in general, the city has opportunity to increase efficiency by crossing departments to find modified duty accommodations. Fire historically has maxed their capabilities but the remainder of the city has not yet plateaued.
Carol Isen asked if we are currently tracking the time the doctor releases the injured worker to modified duty, to the time the injured worker returns to work in a modified capacity. Julian Robinson replied this is not formally tracked but of interest to look into. Carol Isen confirmed.
She then commented there is not insignificant issue within Police and Sheriff for claim costs when unable to accommodate workers. Julian agreed yes, there is a substantial savings for Police and Fire, while JUV as a smaller department, has been doing better by offering more modified duty, resulting in less claim costs. Sheriff has increased their accommodations within the past year and we are in discussions with Police to discuss their data as well. Carol Isen suggested we have Police and Sheriff attend a future meeting to discuss this topic.
Public Comment:
None.
Item No. 5 - Opportunity to place items on future agendas
Speaker: Carol Isen, Chair
Council Comment:
None.
Public Comment:
None.
Item No. 6 - Opportunity for the public to comment on any matters within the council’s jurisdiction
Council Comment:
None.
Adjournment
DHR Director and Chair Carol Isen thanked the speakers for making the effort to combine their data and presentation. She then adjourned the Workers’ Compensation Council meeting at 9:47 am.
The next Workers’ Compensation Council meeting will be held Monday, May 5th, 2025, at City Hall, at 9:00 a.m. in room #408.