Workers’ Compensation Legal Issues and Defense
Strategies: Connecting the Dots: 2010 & Beyond
The Resort and Conference Center at Hyannis, Hyannis, Cape Cod, Massachusetts
Monday, July 19, 2010

Continuing Education Information
Schedule
Hotel Information
Registration Information
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Executive Summary: This is a course for non-lawyers. At this unique preconference, workers’ compensation and occupational health professionals will, for the first time, be provided with an in-depth learning experience covering the most critical aspects of workers’ compensation law, practice, and strategy. They will understand the key legal issues commonly encountered in workers’ compensation and how and why these issues affect best practices in defending workers’ compensation claims. The learning methodology is interactive and the attendees will be provided with checklists and participate in hands on exercises.

Learning Objectives: At the completion of this workshop you will learn:

• Who is and is not covered under a workers’ compensation act.
• The distinguishing nature of independent contractors and other non-covered workers.
• How to determine compensability and how to utilize this information in the defense of a claim.
• The compensability of numerous common occupational injuries, diseases, and claims.
• How causation is determined and how it should be used to defend and win cases.
• The criteria utilized to determine the nature and extent of disability.
• How to prove symptom magnification, malingering, and fraud.
• The use and abuse of surveillance.
• How to work with consultants.
• How to bring closure to cases.
• The cost-effective use of IMEs.
• Investigation of claims.
• How to win the contested workers’ compensation case.

Registration Information: The $395 tuition includes a continental breakfast, breaks, lunch with faculty, a workshop manual not available elsewhere, and a dynamic learning experience.

Faculty:
Stephen Hessert, Esq. graduated magna cum laude from Bowdoin College and earned his JD from the University of Maine School of Law, where he served as an editor of the Maine Law Review. An expert in workers’ compensation and civil litigation, he frequently lectures to employers and attorneys on labor law and topics related to state and federal workers’ compensation statutes. Attorney Hessert has a special interest and experience in the trial of psychological injury and occupational disease workers’ compensation claims. He is the chairperson of the Workers’ Compensation Section of the Maine State Bar Association. Attorney Hessert is a member of the steering committee of the Workers’ Compensation Section of the American Law Firm Association; the Cumberland County, Maine State and American Bar Associations; and the Defense Research and Trial Lawyers Association. Stephen is active in community affairs in Cumberland, Maine.

John W. Valente, Esq. is a trial lawyer with the Rutland, Vermont law firm of Ryan, Smith & Carbine, LTD. He received his BA from Boston College and his JD from Suffolk University School of Law. Attorney Valente has written and lectured extensively on all aspects of workers’ compensation defense. Attorney Valente is a member of the Defense Research Institute, Society for Human Resource Management and Vermont Bar Association Workers’ Compensation Committee. Attorney Valente is the author of Avoiding Workers’ Compensation Aggravation and Workers’ Compensation Practice and Procedure and Workers’ Compensation Fraud, and Understanding Workers’ Compensation, Managing Workplace Injuries and Lowering Costs.

Continuing Education Credits
Case Managers: 7.0 contact hours of continuing education for Case Managers have been applied for from the Commission for Case Manager Certification, St. Paul Minnesota. Disability Specialists: 7.0 contact hours of continuing education for Disability Specialists have been applied for from the Commission for Disability Management Specialists Commission, Schaumburg, Illinois. Human Resource: This program has been approved for 7.0 recertification credit hours toward PHR, SPHR and GPHR recertification through the Human Resource Certification Institute (HRCI). Nurses: To successfully complete a program and receive contact hours you must: 1) register in, 2) be present for the period of time you are awarded contact hours, 3) complete the evaluation. Occupational Health Nurses: 7.0 60-minute contact hours of continuing education in nursing have been approved by the American Association of Occupational Health Nurses, Inc (AAOHN). AAOHN is an accredited approver of continuing education by the American Nurses Credentialing Center’s Commission on Accreditation. (ANCC is the educational department under the ANA.) Physical Therapists: Continuing Physical Therapy credits vary by state, and will only be applied for if requested in writing on the conference registration form. Physicians: SEAK, Inc. is accredited by the Accreditation Council for Continuing Medical Education to provide continuing medical education for physicians. SEAK, Inc. designates this educational activity for a maximum of 7 AMA PRA Category 1 Credit(s)™. Physicians should only claim credit commensurate with the extent of their participation in the activity. Rehabilitation Counselors: 7.0 contact hours of continuing education hours for Rehabilitation Counselors have been applied for from the Commission on Rehabilitation Counselor Certification, Schaumburg, Illinois. Rehabilitation Nurses: This program will be accepted for 7.0 contact hours of credit for ARN certification. Submit certificate.

SCHEDULE

7:00–8:00 Registration, Continental Breakfast & Exhibits

8:00–8:30 Coverage
Attendees will learn how to determine which workers’ compensation act applies in a case, who exactly is covered under that act, the differences between covered and excluded employees, the distinguishing nature of independent contractors, domestic workers, partners, corporate officers, directors, applicants, trainees, volunteers, casual employees, and illegal aliens. The latest developments in coverage, (e.g., telecommuting employees) will be discussed. Attendees will be provided
with case exercises and checklists which demonstrate how coverage provisions in a workers’ compensation act can be used to successfully defend cases. Questions and Answers.

8:30–9:30 Compensability
Faculty will explain the “arising out of and in the course of employment” test and how this is applied in real cases. Attendees will learn about key issues in determining compensability such as deviations from employment, assaults, personal risk rule, recreational activities, intoxication, unexplained falls and deaths, and the importance of the location where the accident/injury occurs. Attendees will be provided with case exercises and checklists which demonstrate how the issue of
compensability can be used to successfully defend cases. Questions and Answers.

9:30–10:00 Compensability of Controversial Injuries, Diseases, and Claims
Faculty will review numerous specific controversial occupational injuries, diseases, and claims including repetitive stress, back injuries, occupational diseases, RSD, fibromyalgia, chronic pain and stress claims. Particular emphasis will be placed on how and when such injuries are deemed compensable and how to successfully defend such claims. Questions and Answers.

10:00–10:15 Break, Exhibits & Networking Opportunity

10:15–11:00 Causal Relationship
Attendees will learn how attorneys and judges assess the standard of causation in workers’ compensation cases. Faculty will discuss and explain the differing standards: “cause,” “proximate cause,” “major contributing cause,” and “significant cause.” Terms of art including “reasonable degree of medical certainty,” “aggravation,” “exacerbation,” “pre-existing condition,” and other workers’ compensation “magic words” will be explained. Attendees will learn the significance of the aging process on determinations of causal relationship. Attendees will be provided with case exercises and checklists which demonstrate how the issue of causal relationship can be used to successfully defend cases. Questions and Answers.

11:00–12:00 Extent of Disability
Attendees will learn the criteria used to determine if the claimant is partially disabled, totally disabled, has a scheduled or non-scheduled permanent disability and how to determine if the claimant has a loss of earning capacity. Faculty will review the role of pain, work capacity, motivation, and secondary benefits. Attendees will learn how the extent and nature of disability affects how the claim is best defended. Questions and Answers.

12:00–1:00 Lunch Provided with Faculty

1:00–2:00 Effective Use of Available Resources
Faculty will explain the most effective use of surveillance, investigation and IMEs as defense strategies in contested workers’ compensation claims. Attendees will be provided with practical advice and strategies. Questions and Answers.

2:00–2:30 Working with Consultants
Attendees will learn how to cost-effectively use consultants to achieve successful resolution of difficult claims. Questions and Answers.

2:30–3:00 Proving Symptom Magnification, Malingering, and Fraud
Attendees will learn how the courts have dealt with employers’ allegations of symptom magnification, malingering, and fraud. Faculty will provide checklists for best practices for the detection of fraud and review the best distraction tests used to detect symptom magnification, malingering, and fraud during independent medical evaluations. Questions and Answers.

3:00–3:15 Break, Exhibits & Networking Opportunity

3:15–4:30 Winning the Contested Workers’ Compensation Case
Attendees will be provided with an insider’s view of why their workers’ compensation cases are being lost or settled for excessive amounts. Attendees will learn about selection of defense counsel, training and experience of counsel, preparation, negotiation, volume of work, dealing with workers’ compensation judges, indicia of disaster, defense techniques that upset the judge, selection of physicians and other experts, a post hearing plan, and how employers and insurers should best
monitor counsel. Questions and Answers.

Hotel Information
Site Hotel - The Resort and Conference Center at Hyannis. A limited block of rooms has been reserved at convention rates ($210 + tax) at the site hotel (The Resort and Conference Center at Hyannis). These rooms will be assigned on a first request basis. To reserve your room, please call 866-828-9111 and mention the SEAK/Workers’ Compensation Conference. The resort is surrounded by 52 totally private acres of beautifully landscaped grounds and offers an 18-hole par 54 golf course, a private patio or balcony for the 232 guest rooms, a complete fitness center, indoor and outdoor pools, a whirlpool, a complete spa, and free parking. The Resort and Conference Center at Hyannis is conveniently located within walking distance of Main Street with its many shops and restaurants. Public beaches and the ferries to Martha’s Vineyard and Nantucket are minutes from the hotel.

Alternative Lodging
As a tourist destination, the Hyannis area has numerous alternative lodging options for different tastes and budgets. We have reserved a block of overflow rooms at The Holiday Inn Hyannis at a discounted rate ($189 single/double). To make your reservations, please call (508) 775-1153 and identify yourselves as being with SEAK, Inc. or book online at www.holidayinn.com/hyannisma and Enter Group Code: SEK. During the conference, SEAK, Inc. will provide free regularly scheduled shuttle bus service between The Holiday Inn Hyannis and The Resort and Conference Center at Hyannis. The Holiday Inn Hyannis is approximately 3 miles from The Resort and Conference Center at Hyannis and is located nearby the Cape Cod Mall and several restaurants. The Holiday Inn Hyannis was recently renovated and features an indoor pool, restaurant, modern gym and free hi-speed internet access. If you prefer a hotel on the harbor and within walking distance of downtown/waterfront restaurants, we suggest the Anchor In (www.anchorin.com), which is 2 miles from The Resort and Conference Center at Hyannis. For a good value, we suggest the Sea Coast Inn (www.seacoastcapecod.com) which is within healthy walking distance of the site hotel and easy walking distance of main street and the Hyannis docks. For a small motel directly across from Craigville Beach, we suggest the Ocean View on Craigville Beach (www.capecodoceanviewmotel.com) If you are coming with your family or colleagues and prefer a suite or townhouse with kitchenette, we suggest the Red Jacket Green Harbor Resort, which is located directly on Lewis Bay, 3 miles from The Resort and Conference Center at Hyannis. If you would like to stay at an oceanfront beach resort with a private beach, jet ski rentals, etc., we suggest the Red Jacket Beach Resort (www.redjacketresorts.com). The Red Jacket Beach Resort is 6 miles from The Resort and Conference Center at Hyannis, but please note that traffic can be heavy in the afternoons coming back from The Resort and Conference Center at Hyannis.

Getting to Hyannis
The two major airports closest to Cape Cod are Logan International Airport in Boston, MA (70 miles) and T.F. Green Airport in Warwick, Rhode Island (80 miles). Barnstable Airport is a five minute drive from The Resort and Conference Center at Hyannis, but this is a commuter airport that has smaller planes and fewer flights. T.F. Green is preferred over Logan (if you are able to get a direct flight) as it is usually less congested. Rental cars, taxis and car service are available at all three airports. If you are on a tight budget or prefer not to drive, Plymouth & Brockton runs bus service between Logan Airport and Hyannis (www.p-b.com).

Cape Cod
Cape Cod is a true destination spot that features beautiful beaches, warm water, great restaurants, historic towns, sightseeing, kayaking, whale watching, museums, numerous bike trails, shopping, nightlife, championship golf, and world famous boating. Cape Cod is also gateway to the islands of Martha’s Vineyard and Nantucket. For more information on what to do on Cape Cod, please visit www.capecod.com.