The Request: Develop a strategy for closing 60 litigated workers’ compensation claims
A Fortune 500 company asked Hays Companies to spearhead and assist in a claim closure project for a recently closed location. Hays was specifically hired to develop a strategy for closing 60 litigated workers’ compensation claims.
The jurisdiction was challenging. For example:
- The medical community showed preference towards the employee despite the jurisdictional directive for the employer to direct care.
- The employer was recognized as having a heavy union influence in matters of workers’ compensation.
- The plaintiff’s bar had a handful of law firms that consistently represented the employees and were not opposed to taking the case to a hearing given favorable decisions from the division.
The matter became further complicated when two physicians, who were former employer-oriented physicians, turned into experts for the plaintiff’s bar. They attempted to make it difficult to mount defenses since these doctors oftentimes used their history at the employer facility to their advantage, stating they had credibility with an inside view of all job positions.
The Hays Solution: A multi-pronged approach
Our multi-pronged approach to close the 60 litigated workers’ compensations claims consisted of client meetings to address settlement versus litigation mindset, developing an agreed-upon strategy for claims, appointing a third defense firm and organizing a “Claims Settlement Day.”
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This document is provided for general information purposes only and should not be considered legal or tax advice or legal or tax opinion on any specific facts or circumstances. Readers are urged to consult their legal counsel and tax advisor concerning any legal or tax questions that may arise.
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