LTC 253-2003
CITY OF MIAMI BEACH
Office of the City Manager
Letter to Commission No. d'13' /)()()3
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From:
Mayor David Dermer and Date: October 20, 2003
Members of the City Commission
Jorge M. Gonzalez ~. A~
City Manager 0 ;V. ;)
RISK MANAGEMENT ANNUAL REPORT-FISCAL YEAR 2003
To:
Subject:
Risk Management is committed to managing a comprehensive insurance/self-insurance
program designed to protect the assets of the City and provide benefit to its employees,
residents and the public with primary emphasis on quality, cost and safety.
Risk Management's primary function is to manage Claims (Workers' Compensation and
Liability), Employee Safety, and all propertylliability insurance programs (City insurance
programs and insurance provided by third parties conducting business with the City by
contract, resolution or ordinance). The following report will address the function of each
area, issues/concerns and accomplishments for Fiscal Year 2003.
PERFORMANCE MEASURES
. Maintain a closed/received ratio for liability claims of 100% (the current ratio is 111 %)
. Liability claims investigations commence within 24 hours of initial notice-standard of
100% (current score 100%)
. Maintain an open inventory for Workers' Compensation claims not to exceed 350
(current open inventory is 309).
. Workers' Compensation average cost per claim less than $3,300 (current cost $3,259)
Claims Review
The City is self-insured for all Workers' Compensation and Liability Claims. The Workers'
Compensation statute provides benefits for the paymenUreimbursement for medical
treatment and lost wages. For liability claims that fall under state jurisdiction (Florida
Statute 768.28), claim payments are limited to $100,000/$200,000 unless approved by the
legislature. Claims filed under federal jurisdiction do not have statutory limits (employment
claims, violation of civil rights).
Workers' Compensation claims are administered by Johns Eastern Co., who is approved
and certified by the State of Florida Department of Insurance. The daily management of
Johns Eastern is the responsibility of the City Safety Officer. The Safety Officer is licensed
by the State of Florida Department of Insurance.
Liability claims are administer "in house" by the Risk Managerwho investigates and adjusts
(within authority) non-suit claims filed against the City. The Risk Manager is licensed by
the State of Florida Department of Insurance.
Employment related claims are included as liability claims for actuarial/funding purposes
within the claim records maintained by Risk Management. Employment claims are handled
by the City Attorney's Office.
The following tables compare the estimated funding to annual claim payments and overall
claim activity to claim payments for a five-year history:
Comparison of Estimated Funding to Annual Claim Payments
(Workers' Compensation)
Fiscal 1999 2000 2001 2002 2003 5 Year
Year Average
Estimated $2,019,000 $2,499,000 $2,516,000 $2,414,000 $2,697,000 $2,429,000
Fundina
Annual. $1,896,884 $1,811,016 $2,057,645 $2,040,819 $2,442,000 $1,989,673
Claim
Payments
Comparison of Estimated Funding to Annual Claim Payments
(All Liability Claims)
Fiscal 1999 2000 2001 2002 2003 5 Year
Year Averaae
Estimated $1,762,000 $2,061,000 $1,721,000 $1,774,000 $2,024,000 $1,868,400
Fundina
Annual $1,889,673 $1,573,646 $2,540,409 $2,065,793 $1,762,000 $2,025,704
Claim
Payments
. Liability claims include General Liability, Auto Liability, Police Liability, Public
Official Liability, and Employment Claims.
. Annual claim payments include payments for "Shock Loss" claims (payments
over the statutory cap).
. Fiscal Years 1999, 2001, 2002 and 2003 include "Shock Loss" payments for
employment claims (handled by Legal).
In reviewing claim payment history, we note that during the past five years there have
been significant "shock loss" claims (claim payments over the statutory cap). Even with
these "shock loss" payments, the five-year average for payment history and funding
history are comparable.
As part of the annual actuarial review of the City's self-insurance program, estimated
funding levels (claim payments) for upcoming prospective fiscal years are determined.
The estimated funding level and estimated shock loss payments are utilized to
determine actual budget.
Workers' Compensation Claim Activity (Five-Year History)
Fiscal Year Claims Received Closed Claims Open Claims Percent Open
1999 464 451 13 3%
2000 509 490 19 4%
2001 423 394 29 7%
2002 407 346 61 15%
2003 369 276 93 25%
. The above table does not represent all open claims.
. Current open claims are 309.
. The oldest open claim has an accident year of 1986.
Liability Claim Activity (Five-Year History)
Fiscal Year Claims Received Closed Claims Open Claims Percent Open
1999 201 190 11 6%
2000 245 209 36 15%
2001 234 177 57 24%
2002 220 159 61 28%
2003 234 165 69 29%
. The above table does not represent all open claims.
. Current open claims are 253.
. The oldest open claim has an accident year of 1990.
Both Workers' Compensation and Liability Claims indicate a downward trend in received
and open claims. The City currently has 253 (compared to 289 for 01-02) open Liability
Claims and 309 (compared to 333 open for 01-02) Workers' Compensation Claims. It is
important to note that with regard to funding/reserves, reserve liability is determined by
actuarial review on an annual basis. The actuary determines the exposure by analyzing
claim payment amount and history, industry trends, employee count and actual payroll.
Claim Tracking
Risk Management tracks all liability claim data on the City's Claim Management System
(RiskMaster Software). The software system has the ability to generate reports based on
claim and financial data. Johns Eastern Co. tracks all claim data regarding Workers'
Compensation and has the ability to provide reports based on claim and financial data.
Records are maintained for claim/payment history from 1988 to present.
Summary of Claims
Review of the above information indicates the following regarding the City's claim program.
. The number of Workers' Compensation claims received/occurring has reduced as
compared to prior years.
. The number of open Workers' Compensation Claims continues to reduce (Fiscal Year
02-03 is the lowest since 1990).
. The number of Liability Claims received/occurring for Fiscal Year 02-03 has remained
constant as compared to prior years.
. The number of open Liability Claims continues to reduce (Fiscal Year 02-03 is the
lowest number since 1990).
. There are no major trends/changes in claim makeup for either Workers' Compensation
or Liability relative to claim type, cause, etc.
. Based on a five-year average, overall claim payments are less than estimated funding.
. Vehicle damage recovery-Risk Management recovered $34,943.49 in during Fiscal
Year 03.
ADDITIONAL DIVISION OBJECTIVES/RESPONSIBIL TIES
. Establish insurance requirements for outside contracts.
. Approve insurance as needed relative per ordinance/contractual relationships.
. Conquct monthly staff safety meetings.
. Prepare schedule with dates of safety/training inspections to be performed and report
status monthly.
. Provide training to employees on fire drill and evacuation procedures.
Insurance Approval
The Division of Risk Management works closely with many Departments to review and
approve insurance required relative to contract and/or ordinance. The following is a list of
partial permitsllicenses requiring insurance review and approval:
. Valet Parking
. Sidewalk Cafes
. Right of Way Permits
. Transportation Permits
. Special Events
. Parks/Recreation
. Fireworks Displays
In addition to approving permit and licenses, Risk Management works closely with
Procurement and the Legal Department regarding the establishment, review and approval
of all in~urance requirements for contracts. In most instances, the approval process is
immediate (our goal is twenty-four hour turnaround).
Fully Insured Programs
The City purchases the following insurance policies to protect the assets of the City:
. All Risk Property Insurance (renewed 06/01/03)
. Boiler & Machinery (renewed 06/01/03)
. Fine Arts (renewed (12/06/02)
. Flood (renewal-various)
The City currently contracts with Arthur J. Gallagher to bid the insurance. Gallagher
annually bids the All Risk Property, Boiler & Machinery, and Fine Arts. Flood insurance is
provided through the National Flood Insurance Program (Federal) which is the only
available market.
In spite of limited capacity and market conditions, the City was successful in obtaining
property insurance for Fiscal Year 02-03 which represented increased coverage limits with
a decrease in premium. It is anticipated that insurance premiums for property insurance
will remain flat at renewal.
SafetylTraining
Risk Management offers a comprehensive safety training program to all employees.
During fiscal year 02-03 training was offered and completed for the following (attended by
489 employees):
. Traffic Control
. Bloodborne Pathogens
. Mail Handling
. LockoutlTagout
. Safety Orientation
. Supervising Workers' Compensation
. AM Driver Improvement
. Right to Know
. Confined Spaces
. Forklift Training
. Respiratory Protection
. CPR
. Ergonomic
. Proper Lifting
. Fire Drill
. Heat Stress
In addition to Safety Training, Risk Management completes facility inspections relative to
insurance carrier requirements/employee safety on an ongoing basis. Approximately sixty
inspections were conducted during Fiscal Year 02-03.
BUDGET
The total budget for Risk Management for Fiscal Year 02-03 is $14,133,617. Annual
expenditures are projected to fall below budget.
OTHER ISSUES
There are no issues pending at this time.
CONCLUSION
Risk Management has had a successful Fiscal Year 02-03. Management Goals and
Performance goals have been met.
JMG/~~cl~
FlRISKI$ALLICliffMgmtIL TCFiscal03.doc