Fear is an extremely powerful motivator. If you are scared about your safety or the safety of your family and friends, you are likely to take the most obvious protective action quickly without wasting time studying the nuances of your possible options. This 'fight or flight' response is one of our most primitive survival strategies, and it is difficult to counter fear with a calmly considered discussion.
I like to think that this website acts in the manner I suggested for the Board. As the new year of starts, the Board finds itself without an executive director, with two open seats for commissioners, and a need for real leadership as well as formal appointments for Executive Director and General Counsel.
For, without leadership, all the legal practitioners contentious business report 2010 ford in the world will be nothing more than words written on the memorial of what could have been.
Hope you have all had a good holiday and are rested up for the challenges that will face all us all in the coming year.
December 24, : As a result, I have taken a careful look at how the Board operates and have come to the conclusion that the entire operating principles of the Board are wrong. The Board, well before I joined it inhas taken on the responsibility of overseeing claims of injured workers and acting as a judge to determine the solution to disputes between the various parties who deal with the Board: I have in the past suggested indicia lists to establish standards for issues in the expectation that a proper and consistent decision requires that all the facts be present before a decision is made and that, once all the facts are known, many disputes can be resolved without hearings, based on the totality of the evidence matched against prior legal precedent, be it administrative law judge decisions, Board panel memorandum of decisions MoDfull Board reviews FBRAppellate Court decisions, and even Court of Appeals decision.
But it should not be the Board preparing the indicia. Yes, there are hundred of issues that are raised every year but there are always a few that dominate the scene. At various time in the past, hernias, carpal tunnel syndrome, asbestos, and colon cancer from asbestosis were hotly contested issues, but a series of decisions set guidelines as to how the facts would point to a specific resolution and these cases became fewer and fewer.
The Board should select seven or eight key issues, such as LWEC, and assign a study group to setup appropriate indicia, groups that would consist of: They should meet periodically reporting at the monthly Board meeting to set up a list of minimal indicia necessary for the Board to properly adjudicate cases.
This will avoid endless hearings, now taking years for the initial claim to arrive at a final MOD or a FBR, not to mention the years necessary for an Appellate Court review. If the party to a controverted case does not agree with the conclusion reached in their claim as determined by such an indica list, they would have the right to request hearing as if the list did not exist.
But as I told many of my fellow commissioners, the fact that the Governor nominated them as a commissioner and the New York State Senate confirmed them does not automatically imbue them with some great wisdom, wisdom they must learn over time in the interest of properly taking on their responsibility to fairly interpret workers compensation legislation and adjudicate controverted cases.
The same holds true with the Board. And in some cases, they do not pay penalties on a timely basis. For whatever reason, the Board seems either unable or unwilling to take steps necessary to resolve these claims.
In case of default by a carrier or self-insured employer in the payment of any compensation due under an award for the period of thirty days after payment is due and payable, or in the case of failure by a carrier or self-insured employer to make full payment of an award for medical care issued by the board or the chair pursuant to section thirteen-g of this chapter, the chair in any such case or, on the chair's consent, any party to an award may file with the county clerk for the county in which the injury occurred or the county in which the carrier or self-insured employer has his or her principal place of business, Perhaps the reason I was not familiar with this section of the law was that this omission was just an oversight.
And they were unable to get paid despite their calls to the Board for help; most dealt with one self-insured. I was told rather bluntly that this was none of my business. My reader suggests that: This gives the CEO a chance to raise hell, going from the top down, with everyone on the chain of command.
The CEO will not hold the underling liable. No, he will hold the superiors liable. And it will happen immediately, not waiting for the Chair to do something first. One attorney explained that the decisions are legal documents, not written for claimants but for attorneys.
Moreover, since some of the arguments relate to the interpretation of the law, it is difficult to write in the vernacular and still be sure that all the claimants understand.
His argument was persuasive and I still agree with his position. Therefore, as I note in Items 2: Pro- Se Claimants, this point must be made in the form pro-se claimants must sign when they decide to represent themselves.
Not only are appeals to the Administrative Review Bureau delayed extra month s because of this but claimants, particularly pro-se, have no formal record of what occurred at their hearing. It is very difficult to 1 testify and take notes at the same time and 2 take notes when the attorneys, law judge, and medical providers testify, using workers comp jargon and abbreviations.Hansard (the Official Report) is the edited verbatim report of proceedings of both the House of Commons and the House of Lords.
Daily Debates from Hansard . You should not have a favorite weapon Miyamoto Musashi, A Book of Five Rings If there is one attitude more dangerous than to assume that a future war will be just like the last one, it is to imagine that it will be so utterly different that we can afford to ignore all the lessons of the last one.
The top 1, vocabulary words have been carefully chosen to represent difficult but common words that appear in everyday academic and business writing. Peter is a partner in the litigation and dispute resolution department.
He has extensive experience in all aspects of the litigation, arbitration and mediation processes across a broad range of commercial disputes, but is a specialist in international arbitration.
Bethmara Kessler is a global thought leader, lecturer, consultant and advisor to businesses on the topics of fraud, audit, compliance, enterprise risk management, shared services delivery strategies, process transformation and is on the ACFE Faculty and Advisory Council. The MacArthur Foundation Research Network on Law and Neuroscience.