The Claimant’s Attorneys Role in Workers Compensation Mandatory Mediation Process

Act 147 adopted in October 2006, amended the Act to include provisions for case management and mandatory mediation. Since the settlement conferences had become a common occurrence here in Western Pennsylvania, with regard to mediation, many asked the questions “what for?” Is there really a difference between a settlement conference and a mediation? Alternative dispute tools have gained great popularity in the last few years, so where does this fit in to the workers’ compensation system.

Under section 401 of the new Act, mediation is defined as follows:

“a conference conducted by a workers’ compensation judge, but not necessarily the judge assigned to the actual case involving the parties, and shall require the attendance in person or by teleconference of all parties including the claimant and employer, and their respective counsel. The representative from the employer must have requisite authority to bring about settlement of the case or must have the ability to obtain said authority during the course of the mediation.”The new Act then goes on in section 401.1 dealing with the new mandatory trial schedules, to provide: Every trial schedule shall include a specific time and date for a mediation conference shall take place no later than 30 days prior to the date set for filing proposed findings of fact and conclusions of law or legal briefs or memoranda, unless, upon good cause shown, the workers compensation judge determines mediation would be futile.”Mediation as a tool is generally understood to be significantly different than a settlement conference. The Uniform Mediation Act defines mediation as “a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.” While often thought of as a tool for resolving cases and avoiding costly litigation, it is really a tool to resolve issues. Resolution of the case is often just the by-product of the issue resolution. Remove one or two major issues and the case can become very simple. Clearly the legislative intent of this provision was to expedite the adjudication of these cases.The question arises for the claimant, “Do I still need an attorney?” Despite the seemingly agreeable nature of the mediation, a claimant should still acquire the services of counsel. Preparation is key to an effective mediation, and that includes research into the potential legal issues that will arise in the case. Knowledge of the judge, doctors and other experts involved with the case is also important to analyzing your position. Finally, the insurance carrier will always be represented by counsel and so should you. Give the insurance company an opportunity to exploit you and they will.

Co-Hosting Entrepreneurial Thursdays on the benefit of Business Advisory Boards

April 17, 2008
 5:30 pmto7:30 pm

Come to hear me co-host a show with Jessica Lee on the benefits an informal business board can offer businesses.  Running a business can be a lonely experience.  Who can you turn to bounce strategic ideas off of? Discuss sensitive issues like a poorly performing employee? Get advice on how to handle growth?  Learn when you might benefit from hiring more employees?  No one has all the answers.  However an effective business advisory board gives a business owner the shared experiences of other non-competing business owners.  We have invited two national business board services to discuss their approaches as well as invited a number of area business owners who have benefited from having an informal board assist them.  While I will not be talking specifically about my virtual law firm, I look forward to helping Jessica to interview representatives from The Advisory Board and YEO as well as some of their members.  So come out to meet some other business owners or learn whether a business advisory board might be right for you.

In between interview sets, listen to Jessica Lee sing Jazz and Blues.  I promise to sit down with the other panelists and not sing with her.   

Where:  Sassy Marie’s located in Pittsburgh’s historic North Side (formerly the legendary James Street Tavern) at the corner of James Street and Foreland Steet, 422 Foreland Street, Pittsburgh, PA 15212. 

Cost:  $5 at the door.   

My predecessor Law Firm Featured on Television on Our Region’s Business

Watch as my former partner Brian and I were interviewed live by Bill Flanagan and asked to explain our virtual law firm.  We were very happy with the outcome.  If we had the chance to do it over, I would have liked to have emphasized all of our free podcasts which span a dozen areas of law and are available at our WDLG Radio page on the website.  I did mention it at the end, but it wasn’t a point of emphasis.  To bring you update, we have currently recorded 25 shows and generally record one to three shows every week.  Last week we recorded a show on long term care for the elderly and today I recorded a show on divorce law.  Please spread the word and let us know what you think of the interview, our concept or of the growing podcast library.

Thank you for your support.

Karl Schieneman, Esq.     

My Previous Law Firm Featured On the National Law Marketing Portal

We were pleased to notice that the Law Marketing Portal, one of the top online resources for legal marketing, reprinted the Pittsburgh Post Gazette article on January 18th, 2008.  At this early stage in our history, it is an honor to be getting this type of attention. This outside attention from the top legal marketers in the legal profession has us even more convinced that our virtual model represents something of value for our clients.   http://www.lawmarketing.com/pages/articles.asp?Action=Article&ArticleCategoryID=13&ArticleID=711

The Making Law Easy Show Episode 25 - Key Tips When Preparing For Divorce

Listen to a 1-2-3 Law Group family lawyer provide some helpful tips based on his experience in representing clients in divorce in Western Pennsylvania. What items should you gather? What the process is like? How to minimize cost? What battles are you facing? Recorded Live at 4:30PM on February 11, 2008.

If you want to listen live to The Making Law Easy Show, dial 724-444-7444 and enter show ID #64441.  For a complete list of the two dozen prior podcasts presented by 1-2-3 Law Group on a variety of legal issues, visit http://www.makinglaweasy.com/wdlg-radio/.   Tell your friends how to access The Making Law Easy Show to get a free overview of the most common legal issues people face. 

The Making Law Easy Show Episode 24 - Long Term Care Issues For The Elderly

Come listen to a 1-2-3 Law Group elder law attorney discuss the most common issues that face the elderly who do not plan for their long term care needs.  Do you have elderly parents? Are you concerned about the risks they might be facing?  What about your long term care risks?  This is a topic which impacts just about everyone.   Recorded live at February 7th, 2008 at 1:30PM. 

If you are interested in listening in live call in at 724-444-7444 and enter the show ID number 64441.   

New Bankruptcy Guideline Figures

The United States Department of Justice has released new Median Income Figures. This is the sixth time since the adoption of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) that the figures have been adjusted.The figures are applicable to all cases filed on or after February 1, 2008.For the Commonwealth of Pennsylvania, new median income figures are as follows:1 Earner - $43,166
2 Persons - $50,628
3 Persons - $63,491
4 Persons - $76,182$6,900 is to be added for each individual in excess of 4The old figures were:1 Earner - $41,971
2 Persons - $49,226
3 Persons - $61,733
4 persons - $74,072

3 C - Connecting With Counselors Over Coffee

February 28, 2008
 8:00 amto9:00 am

If you are a member of the North Hills Chamber of Commerce, come listen to us present on working with our virtual law firm and answering questions.  This 3C event will be held at their headquarters in Monroeville located at 4268 Northern Pike, Monroeville, PA 15146.  We will be answering all questions on any legal matter our audience has.   If we don’t know the answer personally, we will contact one of our 25 attorneys who focus in a particular practice area and we will post their answers to all questions in the Press Room page of our website.  We will also present how to work with our website and the various tools and innovations which 1-2-3 Law Group is bringing to the practice of  law. 

3 C - Connecting With Counselors Over Coffee

February 13, 2008
 8:30 amto9:30 am

Come listen to us present our first 3 C Event for Touchpointe, at the Panera’s on McKnight Road.  We will be answering all questions on any legal matter our audience has.  We might not know the answer personally, but we will post answers to all questions in the Press Room page of our website after consulting with the lawyer in our network who focusses in the area of law where the question comes from.  We will also present how to work with our website and the various tools and innovations which 1-2-3 Law Group is bringing to the practice of  law. 

Web Design, Wordpress Development, & Website Hosting by M2Technology