Effective Cost Control to Achieve Workers Compensation Settlements

2. Teddy Snyder mediates Workers Compensation
cases throughout California.
An attorney since 1977, she has concentrated
on claim 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
settlement, having written and spoken extensively on these
subjects.

3. WHY WOULD AN EMPLOYER CLOSE CLAIMS?
• UNCERTAINTY OF OUTCOME
• “STOP THE BLEED”
• INFLATION RISK
• MORTALITY RISK
• CLOSE RESERVE
• RECOVER BONDING EXPENSE
• COST OF ADMINISTRATION

4. WHY WOULD AN APPLICANT CLOSE A CLAIM?
• UNCERTAINTY OF OUTCOME
• CONTROL OF MEDICAL TREATMENT
• NEED FOR CASH
• GET ON WITH LIFE
• LEAVE AN ESTATE

6. GET COZY
WITH THE EMPLOYER

7. CONTROL YOUR EMOTIONS

9. NOT EVERY MEDICAL DECISION
NEEDS TO GO TO IMR

10. THE ATTORNEYS’ ROLES

11. ATTORNEY FEES
APPLICANT’S ATTORNEY
CONTINGENT FEE
THE LESS WORK DONE, THE MORE MONEY

12. ATTORNEY FEES
DEFENSE ATTORNEY
LITIGATION GUIDELINES
HOURLY BILLING
UNIT BILLING
THE MORE WORK DONE, THE MORE MONEY

13. TRI-PARTITE RELATIONSHIP

15. Most attorneys are gladiators,
not settlement experts

16. A STIPPED CASE
WITH OPEN MEDICAL
IS NOT A CLOSED CASE
IS IT SETTLED?

17. MEDIATION IS FACILITATED NEGOTIATION

18. WHAT IS MEDIATION?
A voluntary meeting where a neutral person,
the mediator chosen by the parties,
helps the parties communicate to resolve their disputes

19. 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

25. WHEN TO CONSIDER MEDIATION?

26. WHICH CLAIMS ARE GOOD MEDIATION CANDIDATES?
CLAIMS WHERE THE APPLICANT
IS PERMANENT & STATIONERY
APPLICANT IS 61 YEARS OLD
DEATH CASES
CLAIM WAS STIPULATED BUT MEDICAL ISSUES ARE ACTIVE
IMMINENT TRIAL
IN PRO PER

27. YOU COULD HAVE SETTLED FOR HOW MUCH 4 YEARS AGO???
EARLIER IS BETTER THAN LATER

28. W- A - I - T
IS A FOUR LETTER WORD

31. PRELIMINARIES
AGREEMENT TO MEDIATE
Financial Arrangements
ACKNOWLEDGEMENT OF CONFIDENTIALITY

32. WHO SHOULD BE IN THE MEETING?
The decision-makers, their representatives,
other necessary experts or support persons

33. WHAT ISSUES CAN BE RESOLVED?
VALUATION
RETURN TO WORK
THIRD PARTY CLAIMS
PAST DUE BENEFITS
LIENS
YOU NAME IT

34. KEY TO A SUCCESSFUL MEDIATION
PREPARATION

35. COMPLETE “INVESTIGATION”
NOT COMPLETE “LITIGATION”

39. 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

40. WHO MAKES THE DECISIONS?
THE PARTIES

41. 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?

42. WHAT DOESN’T HAPPEN
EVIDENCE CREATED SOLELY FOR MEDIATION
IS NOT ADMISSIBLE
MEDIATOR CANNOT BE SUBPOENAED

43. STUDIES SHOW PARTIES ARE MORE SATISFIED
WITH A MEDIATED RESULT THAN A COURT RULING

44. 5 Best Benefits of
Workers Compensation Mediation
1)Mediation saves time and money compared to
numerous, futile court appearances.
2) Mediation Works. In one study, 87 percent of
workers compensation mediations resulted in total
resolution of the disputed issues.
3) Mediation is fast- no waiting for a hearing date on
an overcrowded court schedule.

45. 5 Best Benefits of Workers Compensation Mediation
4) Take as much time as you need- no rush to finish
within a half-day window at the WCAB.
5) Presence of the neutral can help preserve the
attorney-client relationship and inject a dose of
reality.

46. TEDDY SNYDER
WCMediator.com
310/889-8165
TSnyder@WCMediator.com
No charge to start the discussion!