QUARTERLY INSURANCE AND SAFETY REPORT

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1 C ITY OF P ORT P HILLIP Q UARTERLY P ERFORMANCE R EPORT QUARTERLY INSURANCE AND SAFETY REPORT O CTOBER TO D ECEMBER 2013 P ERFORMANCE AT A G LANCE Public liability claims WorkCover claims 22 6 The total number of claims made in this quarter is consistent with the previous quarter (23) and the same quarter in 2012 (19). The number of WorkCover claims is higher than the previous quarter (4 claims lodged), and for the same period in 2012 (2 claims lodged).

2 New Claims Received P UBLIC L IABILITY O VERVIEW new claims were received in the quarter October to December 2013; this is consistent with the number of claims received in the previous quarter and the same quarter in 2012 (see chart). 2 of the claims received were referred to the insurer (MAV) this quarter as the estimated cost exceeded the policy excess ($20,000). 0 Quarter 1 Quarter 2 Quarter 3 Quarter / / /14 Claims Received by Claim Type Quarter /14 Quarter /13 Vehicle Damage 32% Tree Falling 32% Vehicle Damage 20% Other 7% Tree Falling 15% Trip and Fall 17% Tree Overhanging 2% Trip and Fall 13% Tree Root 23% Tree Root 39% In comparison to the same quarter in 2012/13, there has been a decrease in the percentage of tree root damage claims and an increase in vehicle damage and tree falling claims. The increase in tree falling claims is due to a number of severe wind storms in this quarter. Q UARTERLY P ERFORMANCE R EPORT 1

3 P UBLIC L IABILITY / P ROFESSIONAL I NDEMNITY C LAIMS The contract with Echelon Claims Management to administer under excess claims expired on 31 December National Claims Solutions are the new successful tenderer for claims administration for the next 2 years (with a 1 year option), contract commencing 1 January NOTE: Claims with estimated liability exceeding the Council s policy excess are handled directly by the insurer, MAV Insurance. The Public Liability policy excess for the policy year 2013/14 increased to $20,000 per claim. The policy excess remains at $10,000 for all claims lodged prior to 30 June Outstanding Public Liability Claims Outlined below are all claims with potential estimated liability greater than $5,000. File Ref Description Claim Status Council 50/06/ /11/ A Carlisle Street, St Kilda, 3206 Personal injury / Workcover claimant fell on step-over while carrying plaster board sheets at Council premises Claimant was compensated by Vic Workcover Authority. VWA sought compensation from COPP. COPP has been successful in its efforts of seeking reimbursement from contractor involved - Lumley. The judgement sum of $987,281 was received and deposited in July Contractor Lumley has filed one last appeal to the Supreme Court to have the judgement sum reduced. Directions Hearing was finally heard in November 2013, with a 3-0 ruling in favour of COPP. We are currently working in conjunction with Grace Costs Consultants to try and recover some of the legal costs incurred in defending the numerous appeals. Contractor procedures reviewed Q UARTERLY P ERFORMANCE R EPORT 2

4 File Ref Description Claim Status Council 50/06/ /05/2011 Council Depot Claimant slipped on step at entrance to Council Depot. Certificate of Impairment received confirming claimant s injuries exceed 5% impairment. Claim referred to MAV. Step painted yellow. 50/06/ /07/2011 Intersection of Alfred & Camden Streets, Balaclava Tripped and fell on alleged damage section of the road. Certificate of Impairment received confirming claimant s injuries exceed 5% impairment. Claim referred to MAV. Investigation in progress. Under review. 50/06/ /02/2012 Princes St, near corner of Dalgety St Tripped on raised section of footpath. Certificate of Impairment received confirming claimant s injuries exceed 5% impairment. Claim referred to MAV. N/A - Difference in level was less that 20 mm. 50/05/962 13/04/2012 Broadway, Elwood Claim referred to MAV. County Court Writ received December previously installed was found to have been breached. Works conducted to rectify. 50/06/ /06/2197 South Melbourne Market Claimant worker alleges he injured himself whilst attempting to lift/open a roller door at the SMM. Victorian Workcover Authority Recovery Claim received. Claim referred to MAV. South Melbourne Market N/a door inspected and repair conducted at time of incident. 50/05/930 12/07/2012 Marlborough Street, Balaclava Claim referred to MAV. Trees in carpark adjacent to property to be trimmed. 50/05/937 30/08/2012 Tiuna Grove, Elwood Tree root damages to property Claim referred to Echelon. Settlement offer has been made 50% of costs claimed. Tree root deflector installed. 50/05/947 03/01/2013 Carlisle Ave, Balaclava 50/05/970 8/3/2013 Hotham Street, Ripponlea Claim referred to MAV. Claim referred to Echelon. Selective root pruning conducted. Tree to be removed. Q UARTERLY P ERFORMANCE R EPORT 3

5 File Ref Description Claim Status Council 50/05/959 16/04/2013 Moubray Street, Albert Park Claim referred to MAV. Consulting Engineers appointed to investigate. previous installed no signs of breach. 50/05/961 06/05/2013 Vautier Street, Elwood Claim referred to Echelon. Settlement offer has been made 65% of costs claimed. Selective root pruning previously conducted 50/05/973 16/09/2013 Glenhuntly Road, Elwood Claim referred to MAV. Under review. 50/05/976 24/09/2013 Dean Avenue, East St Kilda Claim referred to Echelon. Consultant Engineer s Report obtained. installed in /05/979 25/10/2013 Williamston Rd, Port Melbourne 50/05/981 16/12/2013 Station Street, Port Melbourne Claim referred to MAV. Claim referred to MAV. Under review installed June Settled Public Liability Claims Outlined below are all claims settled between 1 October and 31 December with a value greater than $5,000. File Ref Description Claim Status Council 50/05/760-01/02 30/03/2007 Tennyson St, Elwood, Claim settled by MAV Insurance. $10K excess paid. installed. 50/06/ /09/2009 Clarendon St, South Melbourne Personal injury Claimant alleges he tripped on missing bluestone block in foothpath/guttering. Claim settled at Mediation Hearing with contractor agreeing to pay settlement and CoPP agreed to pay own costs. $10K excess paid to cover legal fees. Claim referred to contractor. 50/05/939 04/03/2013 Austin Ave, Claim referred to MAV. Settled for approx 25% of costs claimed. Tree root deflector Q UARTERLY P ERFORMANCE R EPORT 4

6 File Ref Description Claim Status Council Elwood $10K excess paid. installed. 50/05/966 20/03/2013 Richardson St, Middle Park. Claim referred to MAV. Consulting Engineers appointed to investigate and claim adjusted. Settled under excess for 50% of adjusted costs. installed in Outstanding Professional Indemnity Claims Outlined below are all claims with potential estimated liability greater than $5,000. The policy excess is $20,000. File Ref Claim Circumstances of Claim Claim Status Amount claimed 50/04/46 10/04/ Inkerman St, St. Kilda Claimant alleges Council provided inaccurate information regarding the requirement for a planning permit. Claim referred to MAV Insurance. Claim has been denied. $40,000 General Insurance JMAPP - ISR/Property Damage Claims Outlined below are all claims made by City of Port Phillip against JMAPP (Property Coverage) to recoup costs paid by Council. Policy excess is $2,000. File Ref Claim Circumstances of Claim Claim Status Amount settled 50/07/63 09/11/2013 Napier Street Aged Care Hostel Malfunction of split system air conditioner unit caught fire which activated the fire sprinkler system. Ceiling and walls damaged. There was also damage to the tenant s fitout. Claim referred to JLT and repair works completed by insurer s preferred repairer. TBC Q UARTERLY P ERFORMANCE R EPORT 5

7 O CCUPATIONAL H EALTH AND S AFETY Emergency Procedures The following Emergency Procedures were enacted during the quarter: Bubup Nairm Family and Children s Centre and St Kilda Town Hall were evacuated when a smoke alarm was activated at Bubup Nairm Family and Children s Centre Port Melbourne Town Hall was evacuated when an alarm was activated. OH&S Audits The following OH&S Audits were conducted during the quarter: 232 Carlisle Street Clark Street Children s Centre Coventry Street Children s Centre South Melbourne Library South Melbourne Maternal and Child Health Middle Park Maternal and Child Health. This concludes the audit program for the 2013 calendar year. Q UARTERLY P ERFORMANCE R EPORT 6

8 Work Cover Claims Lodged Lost Time (days) Paid Through WorkCover Claims Minor Standard Oct-Dec Jan-Mch13 Apr-June July-Sept Oct-Dec First 10 days Excess days Long Term Oct-Dec12 Jan-Mch13 Apr-June July-Sept Oct-Dec Summary of Claims 1 Minor claim was lodged: Parking Enforcement employee suffered panic attack after verbal assault. 5 Standard claims were lodged: Employee from Child Care Centre lodged stress related claim Library employee repetitive strain injury to elbow Summary 363 days were paid as WorkCover for the quarter: 29 days were paid by City of Port Phillip as part of our First 10 Days Employer Liability 154 days were paid as Excess Days ; these days are reimbursed by CGU 180 days were paid for long term claims; these days are reimbursed by CGU. Property Maintenance employee injured back Community Care employee injured arm Community Care employee lodged stress claim after being abused by client. Analysis and follow up actions 6 WorkCover claims were lodged for the quarter. Given the diverse nature of the claims, no trends have been identified. WorkCover will continue to be closely monitored. OH&S Committee Meetings (x3) continue; all Meeting Minutes have been loaded to the Intranet. Workstation ergonomic assessments continue across City of Port Phillip with 23 conducted in the quarter. Q UARTERLY P ERFORMANCE R EPORT 7

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