|
|
|
Julie Olivo
503-947-7663
|
|
Contested Case Team
|
| |
|
Purpose
|
|
To facilitate resolution
of contested cases.
|
| |
|
Responsibilities
|
Division
representation - Represents the division at administrative hearings and mediations
before the Workers' Compensation Board.
Settlement negotiation - Negotiates settlements between
the division and interested parties.
Contested case assistance - Provides process assistance to interested parties. Advises
internal staff on merits of issues being contested. |
| |
|
Functions
|
The
goal of the Contested Case Team is to facilitate resolution of contested cases. The team
reviews and processes hearing requests on noncomplying employer orders, nonsubjectivity
determinations, and civil penalty orders issued by the division. The team also reviews
contested case files, provides procedural assistance to interested parties, determines
and prepares exhibits for hearings, negotiates settlements, and mediates issues between
the parties. The team consists of the Contested Case Coordinator and the Contested Case
Technician.
The Contested Case Coordinator represents the division at administrative hearings and
mediations before the Workers' Compensation Board. The Coordinator presents evidence,
argument, witnesses, and cross examination at hearings. The coordinator provides a valuable
service, acting as an advisor at hearings and mediations, for all the parties involved
and as an internal advisor to the division on issues needing a technical, as well as
legal perspective. The coordinator reviews orders issued by the department, WCB Hearings
Division and Board, Court of Appeals and Supreme Court for factual accuracy, legal sufficiency,
and consistency with WCD policy. The coordinator also reviews and examines the case record,
evidence, witnesses' credibility, arguments and legal briefs presented to determine the
department's position on appeal.
The Coordinator approves all noncomplying employer claims settlements as well as third-party
claim recoveries. In addition, the Coordinator participates in negotiations and mediations
involving potential reimbursement from the Workers' Benefit Fund. In order to receive
reimbursement, parties are required to obtain DCBS approval of settlements prior to submission
to the Board. The Coordinator can facilitate these matters by participating in the settlement
negotiations or mediations and by providing authority and approval for reimbursement
from the WBF. |
| |
|
Primary
governing rules
|
| All
WCD rules are involved in the work of the Contested Case Team. |
| |
| |
For
more information contact:
Contested
Case Team: 503-947-7822
FAX: 503-947-7718 |
|
|
If you have questions about this webpage, please contact
Julie Olivo, 503-947-7663.
|
|
|
