SUMMARY
This chapter addresses mediation of workers’ compensation cases in Oregon and identifies the unique challenges that these cases present, including issues that counsel should consider when approaching mediation. PDF Download - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 30
MEDIATION
Bruce D. Smith
§ 30.1 INTRODUCTION
§ 30.1-1 History of Workers’ Compensation Mediation in Oregon
§ 30.1-2 Distinguishing Features of Workers’ Compensation Mediation
§ 30.2 DECIDING TO MEDIATE
§ 30.2-1 Before Proposing Mediation
§ 30.2-2 When to Mediate
§ 30.2-3 Selecting the Mediator
§ 30.2-4 Preparing the Case for Mediation
§ 30.3 THE BASIC COMPENSATION ISSUES
§ 30.3-1 Medical Services
§ 30.3-2 Temporary Disability
§ 30.3-3 Permanent Disability
§ 30.3-4 Vocational Assistance
§ 30.4 THE BASIC FORMS OF SETTLEMENT
§ 30.4-1 Disputed-Claim Settlement
§ 30.4-2 Claim-Disposition Agreement
§ 30.4-3 Hybrid DCS/CDA
§ 30.5 BEYOND THE BASICS
§ 30.5-1 Healthcare Insurer Liens and Reimbursement
§ 30.5-2 Social Security Considerations
§ 30.5-3 Employment Matters
§ 30.5-4 Third-Party Claims
§ 30.5-5 Beneficiaries of Deceased Workers
§ 30.5-6 Special Funds and Programs
§ 30.6 READY FOR MEDIATION
§ 30.6-1 Communicate with the Mediator
§ 30.6-2 Communicate with Opposing Counsel
§ 30.6-3 Prepare the Client
§ 30.7 MEDIATING IN REAL TIME
§ 30.7-1 Be Present
§ 30.7-2 Bracketing
§ 30.7-3 Mediator’s Proposal
§ 30.7-4 Get It in Writing
§ 30.8 BIBLIOGRAPHY