Examples of How Mediation is Used in State
Agencies
Department
of Labor
Bureau of Worker's Compensation
Department of Behavioral
and Developmental Services
Administrative
Office of the Courts
Department of Environmental
Protection
Department
of Education
The Maine Workers’ Compensation Board provides mediation
between claimants and employers in injury compensation issues.
The majority of mediations include at least one of the following
issues:
- Causation: did the injury arise out of and in the course
of employment?
- Lack of medical documentation to substantiate the period
of incapacity
- Degree of incapacity: is it total or partial?
- Length of incapacity: does this employee have the capacity
to work?
- Permanent impairment disputes
- Requests for independent medical examination
Mediation is an effort to give the parties a last alternative
to litigation. It can be effective in some cases, particularly
when a return to work happens during the scheduling period
or new medical information becomes available.
The Workers’ Compensation Board has a three-tier dispute
resolution process. The first two steps, troubleshooting and
mediation, resolve about 75% of initial disputes. The process
is initiated when an insurer files a Notice of Controversy
with the Board, or when an injured worker files a complaint
stating they are not receiving benefits. The Board refers
the controversy to a Troubleshooter to attempt an informal
resolution prior to mediation. This process takes place by
phone.
If this is unsuccessful, the Troubleshooter refers the case
to mediation. Each case is conducted by a Mediator, an employee
of the State and of the Workers’ Compensation Bureau.
The Workers’ Compensation Board Standard Operating Procedures
for Mediators require that mediations be completed within
45 days from referral.
The Board has a roster composed of both full time and part
time mediators. They are housed in regional offices located
in Portland, Lewiston, Augusta, Bangor, and Caribou. Compensation
is based on the State pay scale for a range 82 employee. Mediators
are supervised and receive an annual appraisal. Training is
initially in-house (mediators attend mediations throughout
the state, participate in courses throughout the year, and
undergo quarterly in-house training). They also attend training
on worker’s compensation law.
Evaluation of mediators is based on compliance with the Standard
Operating Procedures for Workers’ Compensation Board
Mediators, as well as on supervision by an Assistant Director.
The Assistant Director attends mediations intermittently,
sets objectives and goals for the year, and completes an annual
evaluation of each mediator. Pay increases for mediators are
hinged to these evaluations.
Roughly 10,000 cases are controverted each year. Of those,
about half are resolved in the troubleshooting stage, and
one-half are referred to mediation. Of those, about 3,500
are actually mediated, and an agreement is reached in 1,000
of those.
The Workers’ Compensation Board conducts mediations
under MRSA Title 39(A), Section 153(6) and Section 313.
Sources: Betty Inman, Assitant Director of Mediation
Services; Frank Richards, Assistant to the Executive Director.
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