Workers' Compensation Defense Counsel Services

The Vendor is required to provide workers' compensation defense counsel services for include:
1. Legal services.
•    Representation of any of the funds’ interests in litigation before a workers’ compensation judge, including but not limited to, filing of any appropriate petitions, supersedeas requests, pleadings or briefs, taking and defending necessary depositions, representation at hearings and mediations, and advice regarding settlement. 
•    Representation of any of the funds’ interests in matters under the longshore and harbor workers’ compensation act or the federal coal mine health and safety act or employers’ liability claims. 
•    Handling workers’ compensation appellate matters before the workers’ compensation appeal board, the commonwealth court and the supreme court of state, when directed by department. 
•    Advising and representing the funds on related matters such as credits, pension offset issues, Medicare set aside considerations, Medicare reimbursement issues, identifying potential subrogation opportunities, asserting subrogation rights and in the assertion of the exclusive remedy defense in litigation.
2. Travel
•    May be required to travel to hearings, mediations, depositions and other meetings in connection with representation of the funds. 
•    Travel will be paid for attorneys at up to two hours per event at the travel rate, unless prior authorization is obtained, in writing, from department. 
•    The offeror will manage travel.
3. Bills
•    May be required to submit bills for legal services electronically, in an approved format, compatible with commonwealth requirements.
4. Contract manager
•    Identify a contract manager and describe the qualifications and experience of the individual designated. 
•    The contract manager will be responsible for overseeing the performance of legal services under the contract and will be department point of contact for all performance issues, billing issues and any other contract matters.
5. Contract onboarding
•    Department may be required to transition cases between firms during the litigation process. 
•    Process for onboarding cases that are assigned during the litigation process after transfer from other counsel.