A viable prehearing conference system is important to the
efficient functioning of the workers' compensation program in this state. This
necessarily includes a good faith effort on the part of both claimant or
his/her attorney and of the carrier to negotiate in good faith. In order that
the board might monitor the designed function of the prehearing conference in
all claims which are the subject of a prehearing conference, except fatals,
statutory total and permanent claims, and second injury fund claims, and where
no A-2 payment is made or compromise settlement agreement is entered into at
the prehearing conference:
(1) The
carrier shall make and keep a written record of each compensation file which
has been the subject of a prehearing conference, and an award recommendation
has been made by the prehearing examiner, the following information: the name
of the claimant; the name and permanent state bar number of the claimant's
attorney, if known to the carrier; the board file number, the carrier file
number; the date of the prehearing conference held on the claim; the amount of
the final demand of the claimant or his/her attorney at the prehearing
conference; the amount of the final offer made by the carrier; and the net
award by the board.
(2) Such record
shall also include the date of final disposition, the net amount thereof, and
whether by way of compromise settlement agreement, judgment, or dismissal
without judgment entry.
(3) The
record described in this rule shall be retained by the carrier for not less
than five years following its completion, and shall be made available to the
board, upon its request therefore.
(4) Neither the carrier nor claimant's
attorney shall ever be required to file such information as directed herein by
the board, and such information shall never become a part of the records of the
board. A carrier or an attorney shall, at the request of the board, make these
records available to the carrier for the purpose of the board and carrier or
attorney evaluating the negotiation record of the board or the attorney at
prehearing conferences. No board member or officer or employee of the board
shall ever disclose such information, or any part thereof, to any other person,
corporation, or agency.
