Virginia Workers Compensation Judge: Mediation Works !

Herndon workplace injury lawyer Doug Landau knows that Mediation can lead to the successful settlement of a difficult workers comp claim

Mediation of workplace accident cases has long been a “win-win” proposition. This form of “Atlernative Dispute Resolution” was offered free of charge and recommended for all kinds of disputes, from medical payment, to vocational rehabilitation to rules and procedures. The Virginia Lawyers Weekly October 18, 1999 headline read, “Mediating Workers’ Comp Claims – Commission promotes its new program.” When ABRAMS LANDAU lawyer Doug Landau of Herndon, Virginia, was interviewed for that front page article, he noted that the parties “will have another means of decision-making at their disposal.” However, after its introduction in 1999, the Commission cut back on staff, and the Herndon law firm saw very few, if any, workplace injury claims referred to the Mediation docket in the last 10 years.

This Fall Deputy Commissioner Blevins spoke to some of the best trial lawyers in Virginia about mediating workers comp claims. This able and experienced comp trial judge noted that 80% of mediated claims are resolved. Normally scheduled for 2 hours, where the two sides have been “precise and given the other side, in writing, ALL the numbers for the claim (Temporary Total Disability, Temporary Partial Disability, Permanency, Medical Care, Durable Medical Equipment, Medications, etc.)” then there is a high likelihood that the issues can be narrowed and the claim settled. Even though she is normally a judge sitting in judgment on workers compensation claims all over the Commonwealth, Deputy Commissioner Blevins reminds everyone that “Mediation is a voluntary and confidential informal dispute resolution process where a neutral third party (the Mediator) facilitates communication to assist [the injured worker, their family, the employer, the insurance company and their lawyers] in negotiating an agreeable settlement.” In several posts that follow, we will explore this successful workers compensation claims resolution process in more detail.