Workers Compensation Day to Day File Management

Transcription

1 Workers Compensation Day to Day File Management Karen Ann Roesler Office of the Hennepin County Attorney Child Support Division

2 Notice what should happen NCP has reported employment. CSO has sent out INW pursuant to Minn. Stat. Sec. 518A.53. INW is in place and paying child support. Employer notifies CSO when NCP s status changes. CSO is able to follow up with Workers Compensation insurer. CSO sends out INW to the Workers Compensation insurer. INW is in place and paying child support.

3 Notice what often happens NCP s attorney calls 1 day before the Stipulation Status Conference needs to get the Stip signed ASAP. Work Comp defense attorney requested an Affidavit of Arrearage 8 months ago, and needs an update. NCP contacts the CSO to get arrears. Etc.

4 Notice what it means Contact from any attorney means the claim is being litigated. Best practices includes getting your County Attorney involved early in the process. Gather information. Caption of the Workers Compensation claim. Date of Injury (DOI). Worker Identification (WID). Name & contact information for NCP s attorney. Name & contact information for Workers Compensation defense attorney. Request information on the status of the claim. Mediation. Settlement Conference. Settled with lump sum. Other.

5 Intervention Either of the Workers Compensation attorneys can serve the public authority Child Support Agency with a Notice of Intervention. If there is NO response filed to a Notice of Intervention, payment of child support arrears may be ignored. Pursuant to Lukaswicz vs. Lukaswicz, child support is not allowed to file a Motion to Intervene in Workers Compensation. In lieu of filing a Motion to Intervene, the Child Support Agency can sequester a lump sum, Minn. Stat. Sec. 518A.71.

6 Sequestration If there is no Claim Petition send letter to the Department of Labor and Industry Exhibit 1. If a Claim Petition has been filed send letter to the Office of Administrative Hearings Exhibit 2. Copy the CSO on either letter. Copy the CP on either letter.

7 Responsibility of the WC defense attorney Payor of funds has statutory responsibilities, Minn. Stat. Sec. 518A.53, subd. 11. Most WC defense attorneys overlook this responsibility remind them. Need to provide amount of settlement, and conditions of settlement. Many WC settlements are full, final, and complete. Most of the time, child support arrears need to be settled on a to date basis.

8 Responsibility of the NCP s attorney Advise NCP of lump sum statutory requirements for payment of child support arrears. Settle arrears with the public authority. Settle arrears with the CP directly, Minn. Stat. Sec. 518A.62.

9 Responsibility of the County Attorney Review the status of the Workers Compensation claim. Advise the public authority Child Support Agency on how to fulfill the requirements of Minn. Stat. Sec. 518A.53. Serve employer with INW. Serve Workers Compensation insurer with INW. Request Affidavit of Arrearage and serve by US mail. Notify Workers Compensation defense attorney of lump sum payment responsibility Exhibit 3. Notify CP of settlement Exhibit 4.

10 Responsibility of the County Attorney Provide settlement language and payment instructions Exhibit 5. Sign the Stipulation for Settlement. Request to be included on the distribution of the fully executed Stipulation for Settlement. Provide the fully executed Stipulation for Settlement to the CSO to save to ECF. Provide the Award on Stipulation to the CSO to save to ECF.

11 Responsibility of the County Attorney Monitor PRISM for payment required to be made 14 days after filing of Award on Stipulation. File management. Annotate your files. Consider keeping a spreadsheet of lump sum activity. Thank everyone involved in the settlement encourage future contact.

12 Thank you for inviting me to speak today! Karen Ann Roesler