WHY YOUR WORKERS COMP CLAIM EVALUATION IS WRONG

Contradictory dynamics involving life expectancy affect your large-exposure workers compensation claim evaluations. The industrial injury plus co-morbidities may decrease the injured worker’s life expectancy. But medical advances and heredity may mean your estimate of the injured worker’s life expectancy is too low. The Mortality Table Isn’t the Whole Story Parties typically use a mortality table to compute […]

WHAT TO EXPECT AT MEDIATION

Mediation remains unfamiliar to most California Workers Compensation professionals. To succeed, you– and your client– need to know what to expect.

YOU CAN’T SETTLE IF YOU DON’T KNOW THE ISSUES

HOW MANY PIECES ARE THERE TO THE SETTLEMENT PUZZLE?   Answer:  Probably more than you think. The more issues there are in a negotiation, the greater the opportunity for give and take across issues. This adds flexibility for parties to shape a settlement acceptable to all. Trading across issues in negotiation is called “logrolling.”Every case has its own […]

5 BEST BENEFITS OF WORKERS COMPENSATION MEDIATION

1) Mediation Works.  In one study, 61 percent of workers compensation mediations resulted in total resolution of the disputed issues. 2) Mediation is fast- no waiting for a hearing date on an overcrowded court schedule. 3) Take as much time as you need- no rush to finish within a half-day window at the WCAB. 4) Mediation […]

Settlement Ethics

Ethics are the moral principles that govern behavior. Every workers compensation professional has ethical rules to follow. For attorneys, these are spelled out in Codes of Professional Responsibility, statutes and sometimes case law. Despite some differences among the states, the basic principles governing settlement ethics are mostly the same Duty to Communicate to the Client […]

Why Mediation Is Like Sex

YOU THOUGHT MEDIATION AND SEX HAD NOTHING IN COMMON?NOT SO!   Both mediation and sex should: Happen between persons committed to the process as an essential part of the big picture Occur with appropriate frequency Stimulate participants to contribute their best selves Continue until mutual satisfaction Make participants feel better at conclusion Empower parties to […]

Six Biggest Mediation Misconceptions

The Mediator might rule against me. Mediators do not make any rulings. The role of the mediator is to help the parties resolve the issues. If I go to mediation, I will have to give up something. Negotiation is about compromise. Each side usually gives up something. You won’t give up anything unless you, and only you, make […]

Do You Speak MSA?

“MSA” stands for Medicare Set-Aside.  Settling a Workers Compensation claim often calls for consideration of Medicare’s interests.  MSA-speak has its own language.  The problem is that the term “MSA” is used to mean different things.  Understanding the 4 different items which may be referred to as “MSA” is critical to success in this area: MSA […]