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If we're not bound to what we did yesterday, then all our tomorrows are open to unlimited possibilities.
Resume & Professional Vita
For a professional summary of Bob Aurbach, see:
Professional Bio For a more personal look at Bob Aurbach, see: Facebook Profile EDUCATION Law School Cornell University, Ithaca, New York J.D., May 1979 Graduate School University of Massachusetts, Amherst, Massachusetts Ph.D. Program in Philosophy, 1974-1975 College Boston University, Boston, Massachusetts A.B. in Philosophy and Psychology with Distinction in Psychology. Summa Cum Laude, Phi Beta Kappa, May 1974 Additional Basic and Advanced Mediation training: Mediation Training Institute/Cynthia Olson & Associates, 2001 - 2003 Advanced Management Program, Arthur O. Anderson School of Management, University of New Mexico, 1998. Basic Management Program, Arthur O. Anderson School of Management, University of New Mexico, 1992. Workers' Compensation College, International Association of Industrial Accident Boards and Commissions, honors graduate, 1991. Certified Hypnotist, National Hypnotherapy Training Center, 2008. Visiting Fellow, Curtin University of Technology, Perth Australia, September - October 2009. LEGAL EXPERIENCE President, Uncommon Approach, Inc. May 2005 to present. Consulting services including system design and redesign for governments and businesses, system evaluation, training, research and expert testimony. Consultant to the State of Delaware concerning a comprehensive workers' compensation reform package. Consultant to the Federal Longshore and Harbor Workers' Compensation Program concerning evaluation of the program and development of performance measures. Consultant to the University of California, Berkeley, concerning Workers' Compensation research for the State of California, 2009. Consultant to the Navajo Nation concerning the revision of their Tribal Workers' Compensation Code, 2009. Visiting Fellow, Curtin University of Technology, Perth, Australia, September - October 2009 and Visiting lecturer, Personal Injury Education Fund, Sydney, Australia, September 2009. General Counsel, New Mexico Workers' Compensation Administration, May 1990 to May 2005. Management of the agency legal department. Representation of the agency in state trial and appellate courts and federal trial, appellate and bankruptcy courts. Policy development and drafting with respect to legislation, rules and Director's opinions. In-house corporate counsel and legal consultant. Principal draftsman of an extensive set of administrative regulations implementing the 1991 revisions of the workers' compensation scheme. Public information presentations regarding workers' compensation law and policy. Supervisor, Workers' Compensation Fraud Investigation Unit. While on loan from the N.M. Workers' Compensation Administration:
Representation of private clients in civil matters. Grant preparation, training and consulting in policy development, interagency coordination, criminal justice, juvenile justice, legal ethics, child abuse, adult protective services and mental health. Executive Director, Administrative Office of the District Attorneys, February 1985 to July 1989. Training of Assistant District Attorneys and D.A. office staff, technical assistance on personnel, budget and management, legal representation and legal research, liaison to state government and legislature, federal grant applications and administration, editor of Volens Prosequi, a case law digest and newsletter for New Mexico prosecutors. Representation of District Attorneys on various interagency boards and projects, and management of office staff, budget and resources. Deputy Director, September 1984 to February 1985. Senior Assistant District Attorney, First Judicial District November, 1983 to September 1984. Supervision of attorneys, administrator of office caseload and programs, special project felony prosecutions, Los Alamos County felony and misdemeanor prosecutions. Assistant District Attorney, First Judicial District May, 1980 to November 1983. Special project felony prosecutions, post-riot Penitentiary felony prosecutions, Los Alamos County felony and misdemeanor prosecutions, Santa Fe County felony prosecutions, backup supervising attorney. Associate, Montgomery & Andrews, P.A. September 1979 to June 1980. Insurance defense, utility regulation and complex federal litigation. LEGISLATIVE EXPERIENCE Special Counsel to the Governor of the State of Delaware, regarding workers' compensation reform, 2006 session. Eight years experience as a state legislative liaison, including lobbying and expert testimony, and twenty years experience in legislative drafting and bill analysis. Successful author and principal proponent of numerous pieces of state legislation. Testified before the United States Senate and OSHA concerning the interaction between proposed OSHA ergonomics regulations and state workersÕ compensation programs. Principal proponent and co-author of a pending Federal legislative proposal for amendment of the Federal Bankruptcy Code concerning treatment of workersÕ compensation claims. HYPNOTHERAPY EXPERIENCE Private practice of hypnotherapy involving a wide range of personal challenges including: chronic pain, adjustment issues for injured workers and retirees, stress reactions, sports performance, test, driving and flying anxiety, issues with food and issues personal relationships, 2008 to present.  |
Publications
Co-author, with Michael Ellner, "Hypnosis in Disability Settings," IAIABC Journal, Volume 46, No. 2, Fall 2009.
Chapter Author, "The Legal System and Behavioral Health" in The Handbook of Behavioral Health Disability: Innovations in Prevention and Management, Edited by Dr. Pamela Warren, pending publication by Springer Publishing. Chapter co-author with Robert Guthrie and Andrew Fronsko, "Workers' Compensation and Economic Downturn: Predictions and Reflections" edited by Pauline Sadler, pending publication. Contributing Editor, International Labor and Employment Law, 3rd Edition, American Bar Association, 2008 (and 2009 update). (Section on U.S. Workers' Compensation Law.) Co-author with Robert Guthrie of papers on the comparative impact on bankruptcy of a self-insured employer in Australia and the United States, and on imposition of a duty of "good faith" in workers' compensation claims handling, both pending publication. "From the DEW Line" - Editor's column, Journal of the International Association of Industrial Accident Boards and Commissions, published twice a year from 2003 to present. Three part guest blog posting on bankruptcy issues and workers' compensation, Work Comp Insider, January 12 through January 14, 2009. "Workers' Compensation and Bankruptcy: Reconciling Systems in Conflict", Workers' Compensation Policy Review, Volume 4 Issue 2, March/April 2004 (republished in the Workers' Compensation Compendium 2005-2006, Volume 1). "Delgado v. Phelps Dodge Chino. Inc. A Case Study in Judicial Legislation", Workers' Compensation Policy Review, Volume 3 Issue 3, May/June 2003 (republished in the Workers' Compensation Compendium 2005-2006, Volume 1). "Tribal Sovereignty: Some Questions and Some Policy Options", IAIABC Journal, Spring, 2003. "Written Comment to OSHA's Proposed Health Standard on Ergonomics", published electronically by Inside OSHA, March 2000. "Welfare to Work: An Analysis by the IAIABC Coverage and Compliance Committee", IAIABC Journal, Vol. 37, No.1, Spring 2000. "Workers' Compensation and Bankruptcy: The Tension Between Conflicting Philosophies", Larson's Workers Compensation News, Volume 2, Number 3, March 1997. "My Client's Employer is in Bankruptcy..." Journal of the New Mexico Trial Lawyers Foundation, Nov./Dec. 1994. Co-author, "Employee Leasing, ERISA and Bankruptcy: An Enforcement Odyssey", IAIABC Journal, Spring-Summer 1992. Co-author, "Report and Recommendations of the New Mexico Multi-disciplinary Task Force on Child Abuse Intervention, Prosecution and Prevention Formed Pursuant to the Children's Justice and Assistance Act of 1986". PUBLIC PRESENTATION EXPERIENCE Lecturer for International Association of Industrial Accident Boards and Commissions Workers' Compensation College (2001-2007) and presenter at numerous IAIABC conventions and meetings; Lecturer for: The University of Phoenix, New Mexico State Bar, Workers' Compensation Association, New Mexico District Attorney's Association, New Mexico Judicial College, New Mexico Law Enforcement Academy, New Mexico Corrections Academy, Association of Commerce and Industry, various law enforcement agencies, and a number of civic and community organizations. Speaker, Personal Injury Information Foundation program on Workers' Compensation Scheme Design, Sydney Australia, September, 2009 and three public seminar presentations in Sydney, Melbourne and Perth in September and October 2009. Speaker, American College of Occupational and Environmental Medicine, American Occupational Health Conference, 2008, 2009 (scheduled for 2010). Speaker, Cross-Border Workers Compensation Issues, National Wildfire Suppression Association, Reno, NV, 2004, 2006. Speaker, Bankruptcy and Workers' Compensation, Conference of Consulting Actuaries, Tucson, AZ, 2003. Speaker, A Regulator's View of Self Insurance, National Council of Self Insurers, San Diego, CA, 2003. Speaker, Multiple topics, U.S. Virgin Islands Workers' Compensation Educational Conference, USVI, 2003. Speaker, OSHA Ergonomics, National Safety Council Congress, Orlando FL, 2000. Speaker, OSHA Ergonomics, Utah Workers' Compensation Association, Salt Lake City, UT, 2000. Principal Speaker, First Annual Workers' Compensation Seminar, U.S. Virgin Islands, 1993. BOARDS AND COMMITTEES Member, International Association of Industrial Accident Boards and Commissions 1995 to present. Editor, IAIABC Journal, September 2002 to present; Co-Chair International Committee, 2004 - 2005, consultant 2005 to present; Chair, Standing Committee on Regulation and Enforcement, September 2000 to September 2002; Chair, Task Force on Tribal Sovereignty, September, 1999 to September 2000. Co-Chair, Coverage and Compliance Committee, September 1998 to September 1999. Chair, Subcommittee on Bankruptcy, 1995-1996. Member, National Guild of Hypnotists, 2008 to present. Member, International Medical and Dental Hypnosis Association, 2008 to present. Member of the Advisory Board of the Workers' Compensation Policy Review, 2005 to present. Technical Advisor to the Workers' Compensation Research Institute, 2005 to present. Contributor, Joint Working Group of the International Association of Industrial Accident Boards and Commission and National Association of Insurance Commissioners, White Papers on Professional Employment Organizations and Deductible Insurance Policies. Contributor, IAIABC Self-Insurance Regulator's Handbook (wrote chapter on Bankruptcy of a Self-Insurer). Chairman, Children's Justice Act Advisory Group, Governor's Juvenile Justice Advisory Committee, (Governor's Multi-disciplinary Task Force on Child Abuse Intervention Prosecution and Prevention) 1987 to 1989. OTHER ACTIVITIES AND RECOGNITION Author of comments to the proposed Ergonomics Standard promulgated by OSHA; Presented personal testimony and testimony as lead governor's representative, Western Governor's Association, before the OSHA rule making hearings and the U.S. Senate Subcommittee on Employment, Safety and Training. United States Delegate, Working Group on Cross Border Workers' Compensation Issues, Commission on Labor Cooperation, North American Agreement on Labor Cooperation, 1997 to 1999. Delegate, Focus Group on Cross Border Workers' Compensation Issues, Commission on Labor Cooperation, Washington, DC, 2003 Elected to membership, National Academy of Social Insurance, 2004. Biography appeared in the 1998-1999 editions of Who's Who in American Law and Who's Who in the West and 2005-2007 editions of Who's Who in American Law. Biography appears in the 2000 through 2004 and 2008 editions of Who's Who in America and is scheduled to appear in the 2010 editions of Who's Who in America and Who's Who in the World. Winner of the Council of Committee Chairs Continuing Contribution Award, IAIABC, 2004 and the Frances Perkins Award for Innovative and Progressive Leadership, IAIABC 2006. ADMITTED Supreme Court of New Mexico, 1979 U.S. District Court, District of New Mexico, 1979 U.S. Court of Appeals, Tenth Circuit, 1979 U.S. Supreme Court, 1984 |
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Professional Bio
 Robert Aurbach is a 1979 graduate of Cornell Law School and served as General Counsel for the N.M. Workers' Compensation Administration from 1990 to 2005. He is currently the CEO of Uncommon Approach, Inc., which provides consulting services on a wide range of workers' compensation and related issues. He has prior experience in private practice and as a state prosecutor and state Prosecutor Coordinator
He is a 1991 honors graduate of the International Association of Industrial Accident Boards and Commissions (IAIABC) Workers' Compensation College and has participated as a lecturer for the College on a variety of issues. He has published articles on workers' compensation issues in the IAIABC Journal, Burton's Workers' Compensation Policy Review, Larson's Workers' Compensation News and the Inside OSHA website. Several other articles, and two book chapters are presently pending publication. He has served as chair of the IAIABC Standing Committee on Regulation and Enforcement, chair of the Task Force on Tribal Sovereignty and Co-chair of the Coverage and Compliance Committee and International Committee. Bob was awarded the IAIABC's Continuing Contribution Award in 2004 and the Francis Perkins award in 2006. Bob has been the Editor of the IAIABC Journal, the only peer reviewed workers' compensation professional journal published in the United States, since 2003. Bob has served as one of three U.S. delegates to the Working Group on Cross-Border Workers' Compensation Issues formed by the Commission on Labor Cooperation, North American Agreement on Labor Cooperation. He wrote the administrative rules for the 1991 New Mexico rewrite of their workers' compensation law. He has also consulted with the Navajo Nation (rewrites of the Tribal workers' compensation code in 1997 and 2009 - 2010) and Virgin Islands Department of Labor (drafting of administrative rules for the Workers' Compensation Division) and the State of Delaware in their efforts at workers' compensation reform. He served as a consultant to the evaluation of the Federal Longshore and Harbor Workers Compensation program. He presented at the Personal Injury Education Foundation (PIEF) graduate program on ÒScheme DesignÓ in Sydney, and PIEF seminars in Sydney, Melbourne and Perth. Bob spent five weeks in residence as a Visiting Fellow at Curtin University of Technology in Perth, Australia in 2009. Bob's research and writing includes chapters on American workers' compensation system in the International Labor and Employment Laws compendium of the American Bar Association and the interaction of the legal system upon behavioral health concerns in The Handbook of Behavioral Health. Other recent research topics include the effects of attorney involvement on workers' compensation programs, reform of the treatment of workers' compensation claims in Federal Bankruptcy Court, tribal sovereignty, cross-border coverage issues, large deductible policies and PEO/leasing arrangements. Bob has also worked with Australian workers' compensation professionals on three pending publications dealing with international comparative workers' compensation issues. He testified before the U.S. Occupational and Safety Administration and the U.S. Senate subcommittee on Employment, Safety and Training concerning conflicts between the OSHA Standard on Ergonomics and state workers' compensation programs. Bob is a member of the National Academy of Social Insurance, the Workers' Compensation Research Group, and the Advisory Panel of the Workers' Compensation Policy Review, and is a technical reviewer for the Workers' Compensation Research Institute. His biography appears in Who's Who in American Law, Who's Who in America and Who's Who in the World. | |
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