RD556 - Report on Recommended Workers’ Compensation Premiums for FY 25 - FY 26; Status and Recommendations of the Loss Control Program; and Number, Amount and Impact on Reserves of Settlements in FY 23 – October 30, 2023


Executive Summary:

WORKERS’ COMPENSATION PREMIUMS – SECTION 1

The Department of Human Resource Management (DHRM) recommends workers’ compensation premiums equal to the cash flow needs of the program. Actual FY 2023 and FY 2024 premiums shown for comparison.

Actual FY 2023 Premium: $74,182,847
Actual FY 2024 Premium: $63,716,657

Actual FY 2023 Premium Plus WCA Repayment: $77,050,309
Actual FY 2024 Premium Plus WCA Repayment: $66,846,118

Recommended FY 2025 Premium: $58,530,151
Recommended FY 2026 Premium: $58,381,459

Recommended FY 2025 Premium Plus WCA Repayment: $61,838,613
Recommended FY 2026 Premium Plus WCA Repayment: $60,962,792

• The statewide experience modification factor dropped from .87 to .84.

• The required statewide premium calculated for FY 2025 decreased 8.1% from FY 2024 premiums (approximately $5,186,506 before settlement repayment) following a decrease of 3.8% for FY 2023 premiums.

• The updated estimated undiscounted reserve is calculated to be $49.3 million lower than last year’s calculation.

• The Working Capital Advance settlement program is proving to be a contributor to the lower-than-expected incurred loss development during the fiscal year and the reduction in the undiscounted reserve can be at least partially attributed to these settlements.

• Other contributing factors to the lower-than-expected incurred loss development are the increased engagement of OWC’s loss control team with the agencies in our program, and the early assignment of field nurse case management on lost time claims. In addition, our Agency Relation Representatives are working more closely with our agencies to ensure that claims are filed timely and investigated thoroughly. They are also working to ensure that agencies have up to date return-to-work plans, and effective medical panels, while keeping the agencies updated on their loss trends.

SETTLEMENTS – SECTION 2

Third Party Settlements

Nine Workers’ Compensation claims involved in third party suits settled during Fiscal 2023, avoiding $1,687,642.70 in expected future costs. Exhibit C provides a list of all settlements reached during the course of third-party settlements(*1). Cost avoidance is calculated as follows:

Total Case Reserves (Future Exposure): $2,406,512.90
Total Settlement Amounts: $718,870.20
Cost Avoidance due to Settlements: $1,687,642.70

Working Capital Advance Settlements

In FY 2023, the Department of Human Resource Management

• Completed settlements on 11 workers’ compensation claims under the Working Capital Advance authorized in Chapter 1, 2023 Virginia Acts of Assembly, Special Session I, Item 86, F.3a;

• Produced $2.98 million in cost avoidance due to accelerated closure of the claims

• We continue to evaluate claims for accelerated closure.

Recommendation

The Department of Human Resource Management recommends continuing a budget provision for the Working Capital Advance to support accelerated closure of certain claims. The Working Capital Advance settlement program has proved to be a significant contributor to the lower-than-expected incurred loss development during the fiscal year and the reduction in the undiscounted reserve can be at least partially attributed to these settlements.

The joint effort by the Department of Human Resource Management staff who suggested cost containment through settlements and the Department of Planning and Budget staff who developed the Working Capital Advance vehicle to make the idea possible has produced positive results for the program:

• Actual results achieved by settling 271 claims have already produced documented cost avoidance of $69.86 million. The required statewide premium calculated for FY 2025 decreased 8.1% from FY 2024 premiums (approximately $10,466,190) before settlement repayment).

• The updated estimated undiscounted reserve is calculated to be $49.3 million lower than last year’s calculation.

LOSS CONTROL PROGRAM – SECTION 3

The program’s actuary, Oliver Wyman produced an updated actuarial report entitled 2023 Workers’ Compensation Experience Statistics by Agency based on reported losses as of June 30, 2023 (Exhibit E).

Agencies with the most adverse loss history identified in the 2023 report are:

• Department of Motor Vehicles
• Virginia State Police
• Department of Corrections
• Department of Wildlife Resources
• Department of Juvenile Justice
• Department of Behavioral Health and Developmental Services
o Mental Health Treatment Centers
o Intellectual Disabilities Training Centers
o Virginia Center for Behavioral Rehabilitation
• Department of Veterans Services
• University of Virginia Medical Center

University of Virginia Medical Center was added to the list for 2023; Virginia Alcoholic Beverage Control Authority was removed from the list.

Recommendation

The Department of Human Resource Management recommendation is to:

• Continue development of agency-specific action plans and consulting work to reduce the frequency and severity of workers’ compensation claims;

• Continue the loss control consulting work initiated in FY 2023 with the previously identified agencies; and

• Reward high performing agencies with premium credits and encourage struggling agencies with premium debits.
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(*1) The settlements contained in this section do not include the settlements made under the Working Capital Advance authorized in Chapter 1, 2023 Virginia Acts of Assembly, Special Session I, Item 86, F.3a to settle certain workers’ compensation claims in FY 2023. Those settlements are reported in Section 2, Working Capital Advance Settlements.