March 2009

 

2009 Annual Spring Workers' Compensation Update

 

Program Highlights

 

- Case Law Update (Colorado Supreme Court, Court of Appeals, and ICAP)

- Course and Scope, and Coverage Issues

- Practical Tips from the Bench

- Review of Offsets in Workers' Compensation Cases

- Tough Ethics Questions

- Immigration Status Issues When an Injured Worker is Terminated

 

Program Description

 

The CBA Workers' Compensation Section and CBA-CLE welcome you to another edition of the Annual Spring Workers' Compensation Update! Make sure you catch this practical, informative program on March 13, 2009! The day begins with a review of the most important case law decisions over the past year, including Colorado Supreme Court, Court of Appeals and ICAP decisions. The day continues with a primer and update on the thorniest course and scope and coverage issues in workers' compensation law cases. The morning concludes with an address by ALJ Cannici and ALJ Broniak of the Office of Administrative Courts. After lunch you will be treated to a session on the in's and out's of offsets in workers' compensation cases, including very useful instruction on how to deal with “prior ratings” issues. The second topic of the afternoon is the always welcome legal ethics segment. Join Mr. Chip Mortimer of the Office of Attorney Regulation Counsel as he leads you through the ethics problems that are typical for a workers' compensation practitioner! Our program concludes with a lecture by Administrative Law Judge Craig C. Eley concerning the important immigration law issues that can arise in workers' compensation matters when an employee is terminated. As always, our faculty includes distinguished workers' compensation law judges, as well as experienced practitioners from both the claimant and respondent's bars, ensuring that you receive a high quality CLE experience!

 

 

Topics

 

Case Law Update (Colorado Supreme Court, Court of Appeals and ICAP)

Presented by Administrative Law Judge Curt Kriksciun and T. Paul Krueger, Esq.

 

Course and Scope, and Coverage Issues

- Defining “on the job” performance for benefit of employer

- The 24 hour on call employee

- Travelling to and from the job

- Independent contractor

- The statutory employer

- Exempt owner/employee

- Employer's version vs. employee's version

- Under the table employees

- Undocumented workers

Presented by Kerry L. Sullivan, Esq.

 

Learn directly from the bench the issues that are most important to Colorado Administrative Law Judges who preside at workers' compensation hearings!

Presented by Administrative Law Judge Peter Cannici and Administrative Law Judge Laura Broniak

 

Review of Offsets in Workers' Compensation Cases

- SSDI

- Retirement under Social Security and employer-funded pension plans

- Unemployment benefits

- PERA and similar plans such as FPPA (for firefighters)

- A “how-to” on prior ratings

- Drug and alcohol and safety rule violations

Presented by David J. Dworkin, Esq.

 

Tough Ethics Questions for Workers' Compensation Attorneys

- What should you do when you believe your client is lying?

- If an attorney is fired, what are the ethical limits on what he or she can do to recover his or her costs and fees?

- Can the opposing attorney tell the fired attorney the status of the ongoing claim?

- Does the client's new attorney have any obligation to the fired attorney?

- When does an attorney have a conflict when representing both the employer and the insurance carrier?

- What are the ethical limits on an investigator's tactics when investigating a claimant?

- Are there ethical considerations when using on-line research resources, such as Lexis, when investigating a claimant?

-  Are there ethical considerations regarding the use of the social networking web sites (Facebook, MySpace, etcetera) to gather information on injured workers?

- When must an attorney report the misconduct of another attorney?

- What type of fee agreement is needed for an injured worker?

- What type of fee agreement is needed for an ongoing relationship with an insurance carrier or self insured employer?

- How should you draft your fee agreement in order to allow for minor fee increases?

- What costs, if any, can a claimant's attorney advance to his or her client?

- Is there a duty to disclose administrative errors that result in increased costs if the attorney pays the excess costs incurred out of his or her own pocket (e.g., an attorney forgets to cancel an expert witness that is not needed, a charge is assessed, and the attorney pays the charge)?

- How should overpayments of fees by a client be handled?

Presented by Charles E. (Chip) Mortimer, Jr., Esq.

 

Immigration Status Issues When an Injured Worker is Terminated

- The “responsibility for termination” issue defined ¦ Responsibility for termination as addressed in the Workers' Compensation Act

- The issue of the employer's knowledge (or lack of knowledge) of the worker's immigration status

- Are undocumented aliens entitled to workers' compensation payments when injured?

- ICAP decisions discussing undocumented aliens

- Discovery issues when the information sought relates to the worker's immigration status

- The employer's dilemma

- Conflict between employer and insurer

- And more!

Presented by the Honorable Craig C. Eley, Prehearing Administrative Law Judge, Colorado Division of Workers' Compensation

 

 

Planning Committee

 

Clisham, Satriana & Biscan, LLC

Denver, CO

 

Pinnacol Assurance

Denver, CO

 

Blackman & Levine, LLC

Denver, CO

 

Ritsema & Lyon, PC

Denver, CO