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“The Ombudsperson’s role is that of a neutral who represents no
party or interest and has no stake in the case.”
Carve-Outs-Alternative Dispute Resolution (ADR) in Workers' Comp under California Labor Code Section 3201.5 and 3201.7
More and more labor management agreements are incorporating alternative dispute resolutions programs or 'Carve-Outs' as a means to settle disputes in workers’ compensation to avoid delays in medical treatment, compensation and return-to-work. The ADR System replaces the traditional judicial system and consists of three steps:
- Ombudsman/Ombudsperson
- Mediation
- Arbitration
ADR is often faster than the traditional workers’ comp system and can provide both the employer and employee with a better forum to express their side of the issue. ADR has many forms and often uses a proactive third party neutral experienced in workers' compensation, medical and/or case management issues to serve as Ombudsman./Ombudsperson
Linda J. Stutzman has over ten years of Ombudsman/Ombudsperson experience under Labor Code § 3201.5, Alternative Dispute Resolution within the construction industry. She developed, coordinated and administered the Contra Costa Water District’s Los Vaqueros Dam and Reservoir Project’s Alternative Dispute Resolution Program serving as this carve-out’s third-party neutral representative and facilitator for medical and claim disputes between all parties. Utilizing a proactive approach by incorporating education, safety & prevention, early intervention, case management and return-to-work concepts helped all parties reach satisfying resolutions in this carve-out.
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Alternative Dispute Resolution Consulting services
include: |
- ADR Program development and implementation, including contract development, policies and procedures.
- Ombudsman services—neutral third party jointly selected by labor and management.
- Ombudsman selection and training.
- Ongoing program administration.
- Voluntary Mediation strategies under the traditional workers’ comp system.
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For more information about Carve-Outs and Alternative Dispute Resolution,
consult our Resource section.
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