County To Examine Workers' Compensation Policy

The law regarding use of workers' compensation benefits is clear: It is to be paid out to someone who is hurt or injured on the job.

At least, that is the definition in its broadest sense.

But can that definition be stretched to prevent injuries before they occur? Or, can the money in that fund be withdrawn and used for other purposes?

That's what county commissioners want to find out.

On Tuesday, they directed staff to prepare a comprehensive report of the government's workers' compensation (WC) policy.

The request was made after local tax crusader Linda Hayward asked for explanations of what she believes are questionable uses.

For example, Hayward wants to know how the county fire department can justify withdrawing $18,872 from the workers' compensation fund to pay for two ambulance stretchers.

County Fire Chief Michael Nickerson said the expenditure was justified because the stretchers will cut down on future workers' compensation claims.

Hayward also questions how the county can fund its early leave buyout plan for employees out of the workers' compensation fund. Early leave will be offered to about 116 employees who make $50,000 a year and have completed at least six years of service by May 15, 2009.

County Commission Chairman Dave Russell said the review will determine if there are any abuses in the system.

But even without the report, he doesn't believe funding the early leave plan with workers' compensation money is an acceptable use. The county will more than likely have to tap the general fund, he said.

If the report shows there has been improper use of workers' compensation money in the past or any abuse of the system, "then there will be compensation to any fund where there was abuse," Russell said.

The county's workers' compensation division in the last few years "has become proactive instead of reactive with the departments," Jerry Haines, HR workers' compensation and safety coordinator, said in an e-mail.

New Policy Adopted

In a related move, commissioners voted 4-1 to set up a policy requiring citizens to pay for information that requires a vast amount of county staff time and goes beyond the routine of obtaining documents or asking questions. It's a policy similar to a long-standing one at the sheriff's office.

The charges will depend on the amount of information required and whether a detailed report would have to be written up in response to the citizen's inquiries.

In Hayward's case, commissioners defrayed charges because she approached the board at a meeting and asked for a detailed report on workers' compensation practices.

Russell said there has to be a limit on what citizens can ask government staffers to do. Otherwise, it can put an inordinate amount of time and resources on employees.

The best way for citizens to get detailed information is to simply ask their elected county commissioners, who will then do the legwork, Russell said.

"That is representative form of government," Russell said.

Hayward called the new policy "a horrible idea" and one that will discourage budget scrutiny.

Commissioner Jim Adkins, who voted against the policy, agreed.

"I believe in all operations of county government, we need to be as transparent as possible," Adkins said.

County Administrator David Hamilton, who proposed the "Duplication of Documents Fees Policy," said there would be no fee if the citizen asked a commissioner to generate a report based on citizens' questions.

"We just do it as part of our job," he said.

Commissioner Jeff Stabins said the policy is designed to cut down on time-consuming demands.

"We can't have just anybody who purports to represent the people and has never been elected - in these times of great hardship for our taxpayers - we have to have a system in place so the taxpayers are protected," Stabins said.