Testimonials Or Other Formal Statements
BWC personnel may be requested by attorneys or other representatives to provide
an affidavit, testimonial, or formal statement regarding the management of a particular
claim. The request may involve complex issues that are or have been under
review by the Special Investigations Unit (SIU) and the statement may become
evidence in a civil or criminal trial.
important that proper procedures be followed to ensure that accurate
information is provided in a prompt and professional manner. The Customer
Care Teams (CCT) and BWC attorneys will work together to resolve any issues and
accommodate the request for information.
Care Team Responsibilities
for a formal statement should be in writing. Upon receipt of a
request, the Claims Service Specialist (CSS) should complete the following:
Fax a copy of
the request (maintain the original copy in the file) to the BWC attorney.
If it is a
verbal request, forward the request to the BWC attorney. The assigned BWC
attorney will contact the party requesting the statement by telephone to
discuss the issues.
nature of the request and the date the request was forwarded to the BWC
attorney in V3 Notes.
copy of the request to SIU if they have been involved in the claim.
pertinent V-3 documentation (i.e., Orders, correspondence and progress notes)
into the claim file.
file to the BWC attorney as soon as possible.
attorney will review the request and the claim file prior to contacting the
requesting party. Upon contact they will discuss the request and attempt to
resolve the issues over the telephone.
important that during this time conversations with the requester be limited to
the BWC attorney.
attorney may contact the Claims Service Specialist (CSS) to discuss the issues
in the claim. This will help the attorney to clarify the issues and
prepare them for the discussion with the requester.
request cannot be resolved over the telephone and a formal statement is still
required, the BWC attorney will coordinate a meeting with all involved
parties. The attorney will also attend the meeting to support and
facilitate this process.
attorney may meet with the involved members of the Customer Care Team (CCT)
and/or the involved SIU staff prior to the formal statement, to review the
facts of the claim, provide additional clarity on the issues and to answer any
questions the CCT may have.