Senate Judiciary Committee Attempts to Give Mediation Regulations Some Teeth


Last week, the Senate Judiciary Committee asked the Workers’ Compensation Commission to withdraw and resubmit Regulation 67-1801, et. seq., with a change to Section 67-1802A. This is the paragraph that requires mediation in admitted perm total cases, occupational disease cases, third party lien claims, contested death claims, mental/mental injury claims and concurrent jurisdiction cases involving workers' compensation and the Federal Longshore and Harbor Workers’ Compensation Act.

Rather than beginning that paragraph with the phrase "Claims arising under" those situations, the Judiciary Committee asked the Commission to insert the phrase "It is ordered by the Commission that claims arising under…." So why the change?

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