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SETTLEMENT PROPOSALS
(c) Teddy Snyder 2016 All Rights Reserved
This presentation is available for education only and may not be commercially reproduced without permission
Teddy Snyder mediates Workers Compensation cases to closure 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 Workers Compensation settlements, 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
3
WHY
5
CLIENTS WANT THE CLAIMS OFF THE BOOKS
CLOSING RATIOS
HOW
THE ONLY SETTLEMENT PROPOSAL THAT WILL NEVER BE
ACCEPTED IS THE ONE YOU NEVER MAKE
PRIORITIZE SETTLEMENT
IT’S EASY TO GET SIDETRACKED
YOU COULD HAVE SETTLED FOR
HOW MUCH 4 YEARS AGO???
WHEN
NOW
EARLIER IS BETTER THAN LATER
KEEP MAKING OFFERS
DON’T WAIT FOR A DEMAND
PARTIAL RESOLUTION IS BETTER THAN NO RESOLUTION
SETTLEMENT TRIGGERS
PERMANENT & STATIONERY
AGE 61
70% OF INDEMNITY HAS BEEN PAID
STAIR-STEP RESERVE CHANGES
“STOP THE BLEED”
TRIAL DATE
“OLD DOG”
DEATH CASES
IN PRO PER
SHORTCUT
18
OFF YOUR RESERVE RUN
RIMS Nevada 2011 WRC
The Best is Yet to Come
Oct 3 - 7, 2011
DOING THE TWO-STEP
TO SETTLE WORKERS
COMPENSATION CLAIMS
GET YOUR MSA REPORT
GET YOUR MSA REPORT
RIMS Nevada 2011 WRC
The Best is Yet to Come
Oct 3 - 7, 2011
EVALUATION
INDEMNITY
MEDICARE-ELIGIBLE
EXPENSES
NON-MEDICARE-ELIGIBLE
MEDICAL EXPENSES
ALTERNATE RESOURCES FOR CARE
WHAT
WE ARE PREPARED TO OFFER YOUR CLIEN T $xxxxx
YOU HAVE AUTHORITY TO OFFER UP TO $xxxxx AT THE NEXT WCAB HEARING
California Rules of Professional Conduct For Attorneys
Rule 3-500 Communication A member shall keep a client reasonably informed about significant developments relating to the employment or representation, including promptly complying with reasonable requests for information and copies of significant documents when necessary to keep the client so informed.
California Rules of Professional Conduct For Attorneys
Rule 3-510 Communication of Settlement Offer A member shall promptly communicate to the member's client: (1)All terms and conditions of any offer made to the
client in a criminal matter; and (2) All amounts, terms, and conditions of any written offer of settlement made to the client in all other matters.
Alvarenga v. Scope Industries 6/3/2016
Rescission of OACR
8 CCR § 10882 Action on Settlement Agreement
The Workers' Compensation Appeals Board shall inquire into the adequacy of all compromise and release agreements and stipulations with request for award, and may set the matter for hearing to take evidence when necessary to determine whether the agreement should be approved or disapproved, or issue findings and awards.
RIMS Nevada 2011 WRC
The Best is Yet to Come
Oct 3 - 7, 2011
Settlement Proposal for C&R
RIMS Nevada 2011 WRC
The Best is Yet to Come
Oct 3 - 7, 2011
Settlement Proposal- Death case
RIMS Nevada 2011 WRC
The Best is Yet to Come
Oct 3 - 7, 2011
Settlement Proposal for
Home Health Care Claim
WHO
HOW APPLICANT SEES YOUR ATTORNEY
Most attorneys are gladiators, not settlement experts
PROFESSIONAL NEUTRAL
WHAT IS MEDIATION?
A voluntary meeting where a neutral person, the mediator chosen by the parties,
helps the parties communicate to resolve their disputes
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
BEST PLACE TO PRESENT SETTLEMENT PROPOSAL
STUDIES SHOW PARTIES ARE MORE SATISFIED WITH A MEDIATED RESULT THAN A COURT RULING
QUESTIONS
TEDDY SNYDER
WCMediator.com
310/889-8165
No charge to start the discussion!
