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WORKERS COMPENSATION MEDIATION WHO, WHAT, WHERE, WHEN, WHY, and HOW

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Teddy Snyder
Teddy Snyder

Teddy Snyder is a mediator who specializes in workers' compensation cases throughout California. She has over 20 years of experience settling cases and was part of the first group named as notable persons in workers' compensation by LEXIS-NEXIS in 2008. Mediation is a voluntary process where a neutral mediator helps the parties communicate to resolve disputes through facilitated negotiation, as an alternative to arbitration or litigation. Key issues that can be resolved through mediation include disability percentage, income issues, medical issues, liens, and return to work arrangements.

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WORKERS COMPENSATION MEDIATION WHO, WHAT, WHERE, WHEN, WHY, and HOW (c) Teddy Snyder 2016
Teddy Snyder mediates Workers Compensation cases throughout California. An attorney since 1977, she has concentrated on settlement for over 20 years. Teddy was in the first group LEXIS-NEXIS named as notable persons in Workers Compensation in 2008. She is a nationally recognized expert on Medicare Secondary Payer and Affordable Care Act issues affecting workers compensation settlement, having written and spoken extensively on these subjects.
I keep six honest serving-men (They taught me all I knew); Their names are What and Why and When And How and Where and Who. Rudyard Kipling
WORKERS COMPENSATION MEDIATION WHO, WHAT, WHERE, WHEN, WHY, and HOW
A voluntary meeting where a professional neutral, the mediator chosen by the parties, helps the parties communicate to resolve their disputes Mediation is facilitated negotiation
WORKERS COMPENSATION MEDIATION WHO, WHAT, WHERE, WHEN, WHY, and HOW
MEDIATION vs. ARBITRATION Both are private alternative dispute choices Both are privately funded MEDIATION Get a Settlement! Not a hearing-no rules No admission of evidence Not Binding ARBITRATION Get a definitive ruling Lots of Rules No right of appeal Usually binding
BODY PART THIRD PARTY CLAIMS LIENS WHAT ISSUES CAN BE RESOLVED VALUATION RETURN TO WORK PAST DUE BENEFITS YOU NAME IT
INJURED WORKER’S NEEDS NEED TO TELL THE STORY CATHARSIS NEED FOR VALIDATION NEED FOR REVENGE NEED TO CREATE MEANING NEED FOR VINDICATION NEED FOR SAFETY
INJURED WORKER’S NEEDS UNCERTAINTY OF OUTCOME CONTROL OF MEDICAL TREATMENT NEED FOR CASH LEAVE AN ESTATE GET ON WITH LIFE
APPLICANT’S ATTORNEY’S NEEDS BRING FOCUS TO THE PROCESS SOMEONE ELSE TO DELIVER BAD NEWS NEUTRAL EVALUATION INJECTION OF REALITY PRESERVE THE CLIENT RELATIONSHIP ALTERNATIVE SOLUTIONS
WORKERS COMPENSATION MEDIATION WHO, WHAT, WHERE, WHEN, WHY, and HOW
WORKERS COMPENSATION MEDIATION WHO, WHAT, WHERE, WHEN, WHY, and HOW
AND THE EMPLOYER? UNCERTAINTY OF OUTCOME INFLATION RISK MORTALITY RISK CLOSE RESERVE RECOVER BONDING EXPENSE COST OF ADMINISTRATION
CLOSING RATIOS
SETTLEMENT TRIGGERS PERMANENT & STATIONERY AGE 61 70% OF INDEMNITY HAS BEEN PAID TRIAL DATE “OLD DOG”
YOU COULD HAVE SETTLED FOR HOW MUCH 4 YEARS AGO???
WORKERS COMPENSATION MEDIATION WHO, WHAT, WHERE, WHEN, WHY, and HOW
CONVENING
PRELIMINARIES THE ATTORNEYS ARE THE BEST ONES TO ARRANGE THE LOGISTICS AGREEMENT TO MEDIATE Financial Arrangements ACKNOWLEDGEMENT OF CONFIDENTIALITY
WORKERS COMPENSATION MEDIATION WHO, WHAT, WHERE, WHEN, WHY, and HOW
RIMS Nevada 2011 WRC The Best is Yet to DOING THE TWO- STEP TO SETTLE WORKERS COMPENSATION CLAIMS
WORKERS COMPENSATION MEDIATION WHO, WHAT, WHERE, WHEN, WHY, and HOW
Disability percentage, including whether the disability is caused by an industrial injury Apportionment Applicable Date of Injury Past payments- when were Permanent Disability payments supposed to start? Was the right rate used? Were past payments properly characterized as PD- or should they have been TD, Temporary Disability. Is there a TD overpayment? INCOME ISSUES
If Life Pension payments will be due, when should they start? Average Weekly Wage- Have you taken into account overtime and the value of non-cash compensation? Ability to perform future work Return to Work issues- will the employer provide modified work? What about training? Vouchers? Computer purchases? Liens Penalties INCOME ISSUES
What are the accepted body parts? What expenses are reasonable and necessary? This can include issues about support services. What is the appropriate medical specialty? MEDICAL ISSUES Is the treatment the Applicant wants compensable? Is the Applicant's over-all medical condition likely to shorten life expectancy?
GET YOUR MSA REPORT GET YOUR MSA REPORT
MEDIATION BRIEF YOU DON’T HAVE TO SHARE IT
WHO SHOULD BE IN THE MEDIATION? The decision-makers, their representatives, other necessary experts or support persons
HOW DOES IT WORK? PRE-MEDIATION COMMUNICATION USUALLY, THERE IS AN OPENING SESSION SPLIT INTO CAUCUSES, SEPARATE ROOMS Confidentiality, Candor SHUTTLE DIPLOMACY Mediator can shape the conversation, be the best person to deliver bad news MAY RE-CONVENE FOR e.g., CLARIFICATION, BRAINSTORMING
MEDIATOR’S PROPOSAL
WHO MAKES THE DECISIONS? THE PARTIES
WHAT HAPPENS NEXT? MEMORANDUM OF UNDERSTANDING STIPULATION COMPROMISE &RELEASE WCAB APPROVAL AS NECESSARY MEDIATOR MAY FOLLOW UP WITH PARTIES IF FURTHER DIALOGUE MAY BE HELPFUL WHAT IS SUCCESS?
PARTIAL RESOLUTION IS BETTER THAN NO RESOLUTION
WHAT DOESN’T HAPPEN EVIDENCE CREATED SOLELY FOR MEDIATION IS NOT ADMISSIBLE MEDIATOR CANNOT BE SUBPOENAED
STUDIES SHOW PARTIES ARE MORE SATISFIED WITH A MEDIATED RESULT THAN A COURT RULING
SETTLEMENT
HOW MEDIATION IS LIKE SEX
FOLLOW-UP TEDDY SNYDER WCMediator.com 310/889-8165 TSnyder@WCMediator.com

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WORKERS COMPENSATION MEDIATION WHO, WHAT, WHERE, WHEN, WHY, and HOW

  • 1. WORKERS COMPENSATION MEDIATION WHO, WHAT, WHERE, WHEN, WHY, and HOW (c) Teddy Snyder 2016
  • 2. Teddy Snyder mediates Workers Compensation cases throughout California. An attorney since 1977, she has concentrated on settlement for over 20 years. Teddy was in the first group LEXIS-NEXIS named as notable persons in Workers Compensation in 2008. She is a nationally recognized expert on Medicare Secondary Payer and Affordable Care Act issues affecting workers compensation settlement, having written and spoken extensively on these subjects.
  • 3. I keep six honest serving-men (They taught me all I knew); Their names are What and Why and When And How and Where and Who. Rudyard Kipling
  • 5. A voluntary meeting where a professional neutral, the mediator chosen by the parties, helps the parties communicate to resolve their disputes Mediation is facilitated negotiation
  • 7. MEDIATION vs. ARBITRATION Both are private alternative dispute choices Both are privately funded MEDIATION Get a Settlement! Not a hearing-no rules No admission of evidence Not Binding ARBITRATION Get a definitive ruling Lots of Rules No right of appeal Usually binding
  • 8. BODY PART THIRD PARTY CLAIMS LIENS WHAT ISSUES CAN BE RESOLVED VALUATION RETURN TO WORK PAST DUE BENEFITS YOU NAME IT
  • 9. INJURED WORKER’S NEEDS NEED TO TELL THE STORY CATHARSIS NEED FOR VALIDATION NEED FOR REVENGE NEED TO CREATE MEANING NEED FOR VINDICATION NEED FOR SAFETY
  • 10. INJURED WORKER’S NEEDS UNCERTAINTY OF OUTCOME CONTROL OF MEDICAL TREATMENT NEED FOR CASH LEAVE AN ESTATE GET ON WITH LIFE
  • 11. APPLICANT’S ATTORNEY’S NEEDS BRING FOCUS TO THE PROCESS SOMEONE ELSE TO DELIVER BAD NEWS NEUTRAL EVALUATION INJECTION OF REALITY PRESERVE THE CLIENT RELATIONSHIP ALTERNATIVE SOLUTIONS
  • 14. AND THE EMPLOYER? UNCERTAINTY OF OUTCOME INFLATION RISK MORTALITY RISK CLOSE RESERVE RECOVER BONDING EXPENSE COST OF ADMINISTRATION
  • 16. SETTLEMENT TRIGGERS PERMANENT & STATIONERY AGE 61 70% OF INDEMNITY HAS BEEN PAID TRIAL DATE “OLD DOG”
  • 17. YOU COULD HAVE SETTLED FOR HOW MUCH 4 YEARS AGO???
  • 20. PRELIMINARIES THE ATTORNEYS ARE THE BEST ONES TO ARRANGE THE LOGISTICS AGREEMENT TO MEDIATE Financial Arrangements ACKNOWLEDGEMENT OF CONFIDENTIALITY
  • 22. RIMS Nevada 2011 WRC The Best is Yet to DOING THE TWO- STEP TO SETTLE WORKERS COMPENSATION CLAIMS
  • 24. Disability percentage, including whether the disability is caused by an industrial injury Apportionment Applicable Date of Injury Past payments- when were Permanent Disability payments supposed to start? Was the right rate used? Were past payments properly characterized as PD- or should they have been TD, Temporary Disability. Is there a TD overpayment? INCOME ISSUES
  • 25. If Life Pension payments will be due, when should they start? Average Weekly Wage- Have you taken into account overtime and the value of non-cash compensation? Ability to perform future work Return to Work issues- will the employer provide modified work? What about training? Vouchers? Computer purchases? Liens Penalties INCOME ISSUES
  • 26. What are the accepted body parts? What expenses are reasonable and necessary? This can include issues about support services. What is the appropriate medical specialty? MEDICAL ISSUES Is the treatment the Applicant wants compensable? Is the Applicant's over-all medical condition likely to shorten life expectancy?
  • 27. GET YOUR MSA REPORT GET YOUR MSA REPORT
  • 28. MEDIATION BRIEF YOU DON’T HAVE TO SHARE IT
  • 29. WHO SHOULD BE IN THE MEDIATION? The decision-makers, their representatives, other necessary experts or support persons
  • 30. HOW DOES IT WORK? PRE-MEDIATION COMMUNICATION USUALLY, THERE IS AN OPENING SESSION SPLIT INTO CAUCUSES, SEPARATE ROOMS Confidentiality, Candor SHUTTLE DIPLOMACY Mediator can shape the conversation, be the best person to deliver bad news MAY RE-CONVENE FOR e.g., CLARIFICATION, BRAINSTORMING
  • 32. WHO MAKES THE DECISIONS? THE PARTIES
  • 33. WHAT HAPPENS NEXT? MEMORANDUM OF UNDERSTANDING STIPULATION COMPROMISE &RELEASE WCAB APPROVAL AS NECESSARY MEDIATOR MAY FOLLOW UP WITH PARTIES IF FURTHER DIALOGUE MAY BE HELPFUL WHAT IS SUCCESS?
  • 34. PARTIAL RESOLUTION IS BETTER THAN NO RESOLUTION
  • 35. WHAT DOESN’T HAPPEN EVIDENCE CREATED SOLELY FOR MEDIATION IS NOT ADMISSIBLE MEDIATOR CANNOT BE SUBPOENAED
  • 36. STUDIES SHOW PARTIES ARE MORE SATISFIED WITH A MEDIATED RESULT THAN A COURT RULING
  • 38. HOW MEDIATION IS LIKE SEX