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ALTERNATIVE DISPUTE RESOLUTION

ALTERNATIVE DISPUTE RESOLUTION. History. Chapter 491 of the Laws of 1995 Amended WCL § 25 Extended until December 30, 2010 (current sunset date). Allows unionized construction industry employers and employees develop and administer their own workers’ compensation benefit delivery system.

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ALTERNATIVE DISPUTE RESOLUTION

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  1. ALTERNATIVE DISPUTE RESOLUTION

  2. History • Chapter 491 of the Laws of 1995 • Amended WCL § 25 • Extended until December 30, 2010 (current sunset date). • Allows unionized construction industry employers and employees develop and administer their own workers’ compensation benefit delivery system. • Permits negotiated collective bargaining agreement (CBA) to implement WC-ADR.

  3. Process • Claims not adjudicated by the Board; • No WCB hearings (with limited exceptions, 12NYCRR § 314.8); • Utilizes 3-tier claims resolution process: • Ombudsman • Mediation • Arbitration • Can appeal to Appellate Division, 3rd Dept. (Proper standard of review part of legislative proposals)

  4. Process - Required Forms • ADR-1, Report of Work-Related Injury or Occupational Disease – within 10 days; • ADR-2, Final Disposition of Claim – within 30 days of disposition or settlement; • Annual Reports containing statistical information required by regulation.

  5. Programs (page one) • Electrical Employers Self Insurance Safety Plan (EESISP) – largest program; • Westchester - Putnam Construction Industry Council (CIC); • The Association of Wall-Ceiling & Carpentry Industries of New York, Inc., and the New York City District Council of Carpenters;

  6. Programs (page two) • The SEW sewage treatment facility PLA in Westchester County; • Riverside South for the Hudson Waterfront project in New York City; • Eastern Contractors Association (ECA).

  7. ADR-1 EESISP 2007: 3817 (3796) 2008: 4031 (3974) 2009: 3404 (3224) ADR-2 EESISP 2007: 4058 (4043) 2008: 4527 (4501) 2009: 4266 (4132) Filing Data (bracketed data EESISP only)

  8. Proposed Legislation • Establishes same standard for court review as all other WC cases. • Incorporates certain procedural provisions of the WCL to protect and delineate participant rights and responsibilities. • Establishes a time frame for the filing of mediator and arbitrator decisions. • Requires mediator or arbitrator review/ approval of § 32 settlement agreements. • Requires review and prior approval of ADR managed care programs.

  9. New Development Two New Entities: • Turner Construction (Liberty Mutual); • Donaldson Interior, Inc. (Chartis, formally AIG). Meetings have taken place. Information and documentation exchanged.

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