Download - Best Practices in Workers’ Compensation
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Danial Hebert Esq. Charfoos, Reiter, & Hebert P.C.
Azurely Kerr, AVP Operations Program Manager Sedgwick Claims Mgmt Services, Inc.
Lina Loncar - Associate Director, Workers Compensation - AT&T Services, Inc.
Lesley Zielinski Manager, Workers Compensation Kelly Services, Inc.
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` Preferred Legal Firms
` Legal Net Services
` Hearing Representatives (CA & OH)
` Legal Claim Reviews
` Round Table Reviews
` AT&T In-House Counsel (Labor Relations)
` Separate and Distinct Release Agreements (Statespecific)
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AT&T LEGAL FILE REVIEWDATE
Case Name: v. AT&TCourt Number:Claim Number:
Date of Accident:
Firm Number:Arbitrator:Next Status Date:Petitioners Attorney:Handling Attorney:
Indemnity Medical Expense Other Totals
Incurred
Paid
Net Deductible
ReserveScheduled
Available
FACTS
MEDICAL
ISSUES
EXPOSURE
SETTLEMENT DEMAND, SUGGESTED RESPONSE& FURTHER HANDLING
RECOMMENDATIONS
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` Pre-hire preparation Past work history
Employment Gaps
Thorough explanation of physical duties
` Timely post accident investigation Witnesses & Co-workers
` Post accident disability documentation Fact based, no personal opinions
` RTW Formal plan in place
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` Thorough/timely investigation at notice of claim
` Partner with Client and Defense Counsel to efficiently,
proactively, and resourcefully manage and obtain the
best results, within a budget and within the parameters
of all applicable laws, codes and regulations.` Be an integral and active participant in the litigation
process.
` Focus on the preferred method of resolution and a
strategy in order to achieve closure in the mostefficiently, timely and economical manner.
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` Once the petition is received by the TPA an
assignment letter should be completed.
` The Counsel Assignment Letter should contain: Nature of Assignment
Description of Accident/Injury
Facts and Investigation
Wage/Financial Information Opposing Counsel Information
Specific Instructions to Counsel
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` Within 10 days of the assignment letter an Initial
Case Evaluation should be completed.
` Initial Case Evaluation should contain: Initial Evaluation of Proposed Resolution
Unique facts or circumstances
Next Steps
Budget
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` A MAP should be completed within 90 days of suit
assignment by counsel and TPA.
` The Mutual Action Plan should contain: Statement of Facts of Case/Alleged Injuries
Available Defenses
Evaluation of the Claim
x
Preliminary Resolution Strategyx Outline of Future Activities to be completed
Budget
Next Conference Date
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` Legal Claims Review/Roundtable Reviews
` Keep Defense Counsel current and team focused on the
same goal/outcome.
` Always helpful in exchange of requested information
from adjuster/employer to attorney and vice versa` Resignation, Releases & Waiver
` We get them in every case
Resign employment
Dont darken our doorstep provision Waiver of all potential lawsuits under State, Federal
or Common Law
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`Timely Post Accident Investigation
Critical to gather information, statements and
contact information from potential witnesses for
litigation
` Return to Work Programs
Essential for limiting length of disability
Critical defense measure to mitigate
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` Damages/Settlement Inducement
` Partnering with client and defense counsel
` TPA tends to be more aggressive in
investigation/involvement of claim` Smaller group to focus on
` When Group or Large SI continuity of counsel is
helpful for intimate knowledge of employer and job
duties` Written Communications
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