Workers Compensation Carve-Outs

Approach

The California Constitution establishes a no-fault administrative process designed to efficiently and effectively compensate and assist injured workers in return to work. Because the State Workers’ Compensation system has had dubious results in meeting these goals, the legislature beginning in 1993 enacted a series of bills allowing employers and employees to implement an alternative: “the Carve Out”.

While there is no change to statutorily authorized benefits, the Carve Out utilizes alternative dispute resolution practices which has proven to save both substantial time and money while improving labor/management relations.

The firm represents employers in developing carve out agreements to include all state required documentation, all negotiations with involved union and training for management and union personnel and third party administrators or insurance company adjusting personnel. We work with designated actuaries, proposed treating physicians and proposed evaluating physicians. We establish and work with the newly formed joint committee to insure its success. We work with the employer to develop a favorable savings program and we negotiate the program with the union.

Services

• Negotiating alternative dispute resolution agreements
• Negotiating treating physician panels
• Negotiating evaluating physician panels
• Working with all parties to develop a plan for allocation of savings
• Preparing required paper work for State and Excess Carrier
• Guide Joint Committee through set up phase