Workers' Compensation Legal Issues and Defense Strategies

Workers' Compensation Legal Issues and Defense Strategies


Workers' Compensation Legal Issues and Defense Strategies Connecting the Dots
Monday, July 18, 2005	Faculty
Four Points by Sheraton Hyannis Resort, Hyannis, Cape Cod, Massachusetts	Schedule
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. How to defend and win workers' compensation cases.
Distinguished Faculty
Steven Babitsky, Esquire, is the President of SEAK, Inc. and was a workers' compensation trial attorney for 20 years. He received his BA from the City University of New York and his JD from Boston College Law School. Attorney Babitsky is the Founder and Past President of the National Organization of Social Security Claimant's Representatives (NOSSCR), and is co-founder of the American Board of Independent Medical Examiners (ABIME). Attorney Babitsky was the long time Editor of Workers' Compensation Monthly and The Occupational Medical Digest. Attorney Babitsky has lectured extensively on workers' compensation issues. He is the author/co-author of the following texts: Social Security Practice Guide, Matthew Bender 3 Vol (Contributing Author), Understanding the AMA Guides in Workers' Compensation Cases (Co-Author) Wiley Law Publications, Litigating Stress Cases in Workers' Compensation, (Co-Author) Wiley Law Publications, Understanding the AMA Guides: A Comparison of the Fourth Edition to the Third Edition Revised (Co-Author) Wiley, The Independent Medical Evaluation Report: A Step-By-Step Guide With Models (Co-Author) SEAK, Inc., Understanding the AMA Guides in Workers' Compensation (Second Edition) (Co-Author), Understanding the AMA Guides in Workers' Compensation (Third Edition) (Co-Author), and Book Chapter - Rating Psychological and Psychiatric Impairment Under the Fourth Edition of the AMA Guidelines in The Insurer's Handbook of Psychological Injury Claims (Claims Books, 1995). H. Douglas Jones, Esquire, is the managing partner and trial lawyer in the Florence, Kentucky law firm of Jones Dietz & Schrand PLLC. He received his BA from the University of Kentucky in Journalism and his JD from Northern Kentucky University - Salmon P. Chase College of Law, where he also teaches a course in workers' compensation law. Attorney Jones has written extensively and lectured both nationally and internationally on all aspects of workers' compensation law. He is a member of the Steering Committee of the Kentucky Workers' Compensation Research Institute, Kentucky Defense Counsel, Inc., and was selected as a member of The Best Lawyers in America, 2003-2004. He is co-author of three editions of Workers' Compensation In Kentucky.

Tuition

The $295 tuition includes a continental breakfast, breaks, lunch with faculty, a workshop manual not available elsewhere, and a dynamic learning experience. Click here for registration information.

Continuing Education Information

Click here for Continuing Education Information.

Schedule

Monday, July 18, 2005

7:00-8:00	Registration and Continental Breakfast
8:00-8:15	Introduction: A brief introduction covering how and why state and federal workers' compensation laws developed, what they were intended to do, the "bargain" made with employees, the mandatory nature of workers' compensation, and the simple and summary procedure that was intended.
8:15-9:00	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.
9:00-10:00	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.
10:00-10:15	Break and Networking Opportunity
10:15-11:00	Compensability of Controversial Injuries, Diseases, and Claims: Faculty will review numerous specific controversial occupational injuries, diseases, and claims including repetitive stress, back, 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.
11:00-12:00	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.
12:00-1:00	Lunch Provided with Faculty
1:00-2:00	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 effects how the claim is best defended.
2:00-3:00	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.
3:00-3:15 3:15-4:30	Break & Networking Opportunity Connecting the Dots: The Practical Realities of Defending and Winning Workers' Compensation Cases: 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.
4:30-5:00	Concluding Remarks