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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