American Ombudsman Enterprises

What is workers’ compensation ADR arbitration?

Arbitration is adjudication by an agreed neutral. Unlike an Ombudsman, who assists with information, communication and informal problem-solving, or a mediator, who helps participants negotiate voluntarily, an arbitrator is authorized to decide the issues properly submitted for determination.

How does California law treat an ADR arbitration award?

California Labor Code section 3201.5 applies to qualifying construction and related employers and unions. Labor Code section 3201.7 authorizes qualifying labor-management arrangements in other industries.

What workers’ compensation disputes may reach ADR arbitration?

The issues an arbitrator may decide depend on the statute, ADR Agreement, Program Rules, referral or arbitration request, prior orders and procedural history. Depending on the Program, disputes may concern: Whether the employee, employer or claim is covered by the ADR Program. The identity of the responsible employer, insurer or claims administrator. Claim acceptance, delay or denial.

How does workers’ compensation ADR arbitration commonly proceed?

Procedures differ among ADR Programs, but an arbitration may include the following general stages: Confirm Program coverage. The participants identify the employer, bargaining unit, agreement, claim and date or claimed period of injury. Identify the governing rules. The applicable ADR Agreement, Program Rules and arbitration procedures are reviewed. Complete required preliminary steps.