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Q
Who is going to make a decision on my Boise workers’ compensation claim?

A

When a workers’ compensation claim in Boise is filed, it is overseen by a state agency referred to as the Industrial Commission. The Commission consists of three Commissioners, one of whom is an attorney. The Commission is also in charge of overseeing claims that are disputed. Generally, disputed claims will be resolved in one of three ways:

  1. Negotiation
  2. Mediation
  3. Litigation

If the sides attempt to negotiate, both parties must fully recognize the issues at stake, the value of the claim, and the potential risks of losing. If a compromise is reached, the proposed settlement must be approved by the Industrial Commission.

Similarly, if the parties decide to pursue mediation, a neutral third party will help to find a compromise that all sides can agree with. The mediator is a trained professional with the goal of assisting the negotiation. He or she may meet with the parties both individually and separately in order to assist with communication. At this stage, the parties are advised to each have their own attorney.

Typically the last resort due to its high costs, litigation is also a means for resolving a workers’ compensation dispute. The parties go through a trial in front of the Industrial Commission and a referee. The referee typically makes a recommendation to the Commission, and is usually an attorney. These trials are not in front of a jury.

Clearly, the answer as to who will make the ultimate decision concerning your workers' compensation claim will depend on the unique facts and circumstances surrounding your claim. If you found this article informative and useful, we encourage you to follow us on Facebook!

Alan Morton
Advocate for Justice/Trial Lawyer