Suggested Audience
Employers, Adjusters, Nurse Case Managers
Moderator
- Jamie Wisdom-Ballou, Program Coordinator, Information Services, BWC
Presenter
- James (JV) Thompson, Member, Rainey, Kizer, Reviere, & Bell, P.L.C.
Session Description
Successful handling of claims with self-represented (“pro se”) claimants is, by nature, the goal of all interested parties in the workers’ compensation system. However, particular challenges can arise in working with such claimants, for the courts, claims representatives, and defense counsel alike. Mandatory contacts and notices of the workers’ compensation system are a starting point, but deeper conversations on the medical treatment process, disability benefits calculations, and the potential impact on the claimant’s future employment can soon arise—and that’s assuming no disputed issue (e.g., causation, impairment, treatment approvals) are triggered. Communications logistics and lack of relationship between the claimant and the other players can also compound problems. The objectives of this presentation are to (a) review the rules, regulations and other points of law on communications with self-represented claimants; (b) address roadblocks to successful claim resolution due to the claimant’s self-represented status; and (c) discuss practical solutions for claims representatives, counsel, and the court to explain and work through the claims process under relevant workers’ compensation law. The target audience is claims representatives and counsel, although involvement with ombudsmen, mediators, and court personnel will be discussed. This presentation will address:
- Rules on required and prohibited communications for claims representatives and counsel to self-represented claimants;
- Questions on explaining the law and claims process, versus offering legal advice, through various stages of the claim process;
- The Workers’ Compensation Court’s role in hearing and responding to presentations from self-represented claimants;
- Practical discussions on communication logistics with self-represented claimants; and
- Engaging assistance from other resources (local employer contacts, ombudsman’s office, etc.).
Up Next: Networking Break (Visit Exhibitors next door) then Breakout Sessions at 11 AM