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Walsh, Collis, and Blackmer, P.C. has represented
a multitude of employers in the construction industry, retail industry,
service industry and public sector. Undoubtedly, factors beyond a claimant’s
medical condition affect a case, including the possibility (or lack thereof)
of light duty work, union presence, workforce makeup, and the availability
of other benefits. The input of the employer is extremely valuable in analyzing
a case and its possible defenses, as well as what steps might be available
to mitigate exposure for a claim. Moreover, the employer is the one most
familiar with a claimant and often provides insight that cannot be had from
merely reviewing a claims file or medical records. As such, a team approach
involving the insurer or third-party administrator, the attorney, and the
employer is the best avenue in claims handling. In addition, we are believers
in the “one attorney” philosophy and do not pass files from lawyer to lawyer
as a case progresses. Consequently, when a claims examiner or employer wishes
to discuss a matter, the attorney is always knowledgeable of the background,
recent events and strategy.
In terms of litigation strategy, our approach is to aggressively defend
every case, both those that should go to a decision and those that are identified
as cases to pursue settlement. Early identification of the preferred resolution
is key to cost-effective handling of the claim. We believe a case should
go to decision when there is a viable defense and the case can be effectively
managed in the future. In addition, one of the best strategies an employer
can take in reducing workers’ compensation costs is to return a claimant
to the workforce as soon as possible following an injury. We work closely
with the employer to facilitate that return to the extent it is possible
and desired. Finally, our firm also understands that there are cases where
there is long term exposure that may be difficult to manage, and settlement
for a reasonable sum is the best approach. In sum, we believe that being
in a position to put forth an aggressive defense to a claim in a cost-effective
manner is always the best approach, regardless of the ultimate goal.
Steve Minnich heads the Workers’ Compensation group for Walsh, Collis &
Blackmer, P.C. He has been practicing law since 1992 and focuses primarily
on the representation of employers, insurance companies and self-insured
in workers’ compensation matters. He previously worked for the Workers’
Compensation Appeal Board (WCAB) and served as a law clerk for a prominent
workers’ compensation claimant’s firm. Consequently, he has insight regarding
how a case is perceived not just from the defense side, but also the claimant’s
and the tribunal’s side.
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