Settlement season is here, and for many in the work comp game, it’s the most wonderful time of the year.

John P. Kamin

Every December, attorneys rush to and from their local Workers’ Compensation Appeals Board offices to make settlements happen before the end of the year. Most seasoned practitioners would agree that more settlements seem to happen in November and December.

Parties on both sides of the aisle tend to soften their positions after a long Thanksgiving weekend without court, and reach settlements. This is driven by a few factors:

• Applicants see the holidays and perhaps a daunting new year, and the promise of settlement money sounds a lot sweeter.
• Defendants see the opportunity to get another case off their reserves for the upcoming calendar and fiscal year.
• The softening of both positions leads to less polarization and makes it easier for attorneys to negotiate settlement agreements.

Optimists and sentimental folks would also welcome the prospect that both applicants’ and defense attorneys take a step back and realize that fighting through the holidays may not be in the best interests of everyone. While most get into this business with an appetite for the good fight, going to war on every single case does not survive a thorough cost-benefit analysis.

This is not to say that every party is happy with every settlement. As the old saying goes, “One sign of a good settlement is that everyone is unhappy. There’s a reason why they call it a compromise and release: Both sides have to compromise.”

So with all that in mind, we at Bradford and Barthel wish everyone in the workers’ compensation community a happy settlement season. Please take care while driving to court, be kind to your local EDD representatives and e-file those documents (and proposed orders) before heading to court whenever possible.

'Twas the Night Before Settlement (an Ode to Settlement Season)'

'Twas the night before settlement, when all through the court,
Not a creature was stirring, not even a tort;
The settlements were hung by the EDD office with care,
In hopes that our beloved EDD reps soon would be there.
The applicants were nestled all snug in their beds;
While visions of settlements danced in their heads.
And the judge in her 'kerchief, and another in a cap,
Had just settled in for a long lunchtime nap.
When out in the lobby, there arose such a clatter,
The judges sprang from their offices to see what was the matter.
Away to the window the judges flew like a flash,
Tore open the shutters and threw up the sash.
The sun on the horizon with new-fallen snow,
Gave a lustre of midday to objects below,
When what to their wondering eyes did appear,
But a miniature sleigh and eight tiny hearing reps there,
With a little old attorney so lively and quick,
I knew in a moment, he must be Settlement St. Nick.

The remainder of this poem has been edited for brevity, as we’ve got settlements to finalize. If you happen to see Settlement St. Nick at the WCAB, be sure to wave hello and smile.

John P. Kamin is a workers’ compensation defense attorney and partner at Bradford & Barthel’s Woodland Hills location. He is WorkCompCentral's former legal editor. This entry from Bradford & Barthel's blog appears with permission.