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Alternative Dispute Resolution / "Carve Out" Consulting

 

The firm has spearheaded an innovative approach to improve the delays and uncertainty of the workers’ compensation system. In January 2008, Adams Ferrone & Ferrone assisted the City of Long Beach in launching the first alternative dispute resolution system for the police officers and fire fighters.

 

Under the current system, the injured officer or firefighter are forced to see a panel of Qualified Medical Examiners (QMEs) or an Agreed Medical Examiner (AME) to resolve disputed issues. This can include situations such as whether an injury arose out of work or whether there is a need for surgery. The current evaluation process can take on average over 6-8 months.

 

As part of the dramatic workers’ compensation changes of 2004, the Labor Code allowed cities and counties to negotiate with public safety a labor-management agreement for workers’ compensation. Armed with this new law, Adams Ferrone & Ferrone assisted the City of Long Beach in creating an alternative dispute resolution process for public safety.

 

The goal was to reduce the significant delays in obtaining medical evaluations, which are necessary to resolve disputes. Under the Long Beach system, the injured officer or fire fighter faced with a dispute is evaluated by an Independent Medical Evaluator (IME) within 30 days of the dispute. The IME physician would issue the report 30 days after the exam. The goal is to resolve the officer’s or firefighter’s dispute within 60 days.

 

Adams Ferrone & Ferrone can assist public safety along with cities and counties in seeking to improve a beleaguered system through productive negotiations with the hope of facilitating alternative solutions.

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