Alternative dispute resolution, while utilized extensively in all other areas of the law on a state and federal basis, goes largely unutilized and/or misunderstood in the field of California workers’ compensation.  With the growth of “carve-out” programs, the use of arbitration in contribution and coverage disputes and now the beginnings of some utilization of mediation as a means of closing cases to the mutual benefit of the applicant and the employer, some workers’ compensation stakeholders are beginning to see the tip of the iceberg in terms of what alternative dispute resolution can accomplish.

Since 2004, Judge Siemers has developed and adapted ADR concepts that are relevant to the California workers’ compensation system.  During this period he has provided the following professional services in the field.    

Mediation

Workers’ compensation law in California has become increasing technical and complex over the past ten years, and has generally not resulted in timely case resolution.  This has created challenges for carriers and self-insured employers in controlling the growth of their workers’ compensation liability, as well as challenges for injured employees in obtaining timely and quality medical care.  Mediation as a means of negotiating settlements that will terminate the development of losses for the employers and allow the employees to move on with their lives and control the resources necessary to make their own treatment decisions has become attractive to those stakeholders that have taken the process seriously.

Judge Siemers has built an active mediation practice meeting the needs of these stakeholders by providing quality mediation services.  

Dispute Resolution Consultation

Judge Siemers is not only a mediator, but has been in the forefront as an active proponent and innovator working with others to develop programs that can efficiently and successfully mediate cases to resolutions that are to the benefit of all parties.  These programs address the needs of self-insured employers and carriers interested in developing mediation and other dispute resolution approaches with the goal of controlling workers’ compensation liability.

Further, his work in various capacities with numerous carve-out programs negotiated between labor and management in both construction (section 3201.5) and non-construction (section 3201.7), in both the private and public sectors, as well as with fully insured employers and self-insured employers, has put him in a unique position to offer expertise in executing such programs.  Judge Siemers provides consultation services that speak to the effective execution of these programs with the goals of timely case resolution, employee and employer satisfaction and long term stability.

Arbitration

In addition to the issues that must be arbitrated (contribution and coverage), parties may agree to arbitrate any issue or issues in any workers’ compensation case.  Judge Siemers has continued to provide these professional services since 2005.

Discovery Referee

Judge Siemers has also been appointed by workers’ compensation judges to act as a discovery referee.  These cases usually involve a volume of lien claims consolidated for discovery purposes where the issues in these claims may be common and thus may be able to be litigated on a volume basis.  Judge Siemers has also been appointed to serve as a deposition referee where the parties/counsel appear to require the presence of a referee to professionally complete a deposition or depositions.

Expert Witness

While not falling under the umbrella of alternative dispute resolution, Judge Siemers is also regularly sought as an expert in multiple types of legal disputes where an expert in the field is required.