Workers' Compensation Fall Update 2010 Out of Stock
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October 2010
2010 Annual Fall Workers' Compensation Update
Program Highlights
What You Will Learn:
New Statutes and Administrative Rules: The Impact on the Colorado Division of Workers' Compensation and on Workers' Compensation Attorneys and Their Clients
- Industrial Claim Appeals Panel (ICAP) Case Law Update
- Colorado Court of Appeals and Supreme Court Case Law Update
- Spine and Disc Injuries: Anatomy, Diagnosis, and Treatments Available - A Presentation by Dr. Usama H. Ghazi
- Dealing With, Curbing and Minimizing the Effect of Rude and Unprofessional Behavior by Opposing Counsel
- How Pre-hearing ALJ's Handle Rude and Unprofessional Behavior, Including Sanctions Available; Legal Ethics Rules that Apply to Rude and Unprofessional Behavior
- Merits Judges Panel: What They Need
Who Should Attend:
- Workers' Compensation Law Attorneys
- Personal Injury Law Attorneys
- Employment Law Attorneys
- Insurance Industry Professionals
- Health Care Professionals
Anyone Who Needs to Know the Latest Developments in Colorado Workers' Compensation Law!
Program Description
Each fall, workers' compensation attorneys from all over Colorado attend the CBA Worker's Compensation Section's Fall Workers' Compensation Update. These repeat attendees are loyal to the program because they know they will get an informative, value-packed educational experience they can use right away to help their clients. The 2010 Fall Update continues this tradition of excellence and value with another superb lineup of timely topics and experienced, expert speakers!
The day begins with the always useful statutory and regulatory updates. The Colorado General Assembly has recently enacted a large variety of statutory changes that affect workers' compensation cases. In addition, the Division of Workers' Compensation has promulgated new rules you need to know. Learn about these new changes from the Division's leadership and experienced workers' compensation law practitioners!
You will next be treated to concise and practical summaries of the new case decisions from the Colorado Supreme Court, Colorado Court of Appeals, and the Industrial Claim Appeals Panel. Get up to speed fast in this segment of the program!
The medical segment of the program includes a talk by a prominent, Colorado-based medical expert on injuries to the spine. Learn the most common injuries to the spine, how they are diagnosed, and the most popular treatments available!
The day concludes with two more meaty sessions: Ethics and the needs of merits ALJs. The legal ethics presentation will focus on rude and unprofessional behavior, including when that behavior crosses the line and becomes a legal ethics violation. The day will conclude with merits ALJs providing exceedingly useful tips on how to give an ALJ what he or she needs, and nothing he or she does not need, in order for the court to do its work as efficiently and effectively as possible. Shine at your next hearing by learning directly from the bench!
Topics
New Statutes and Administrative Rules
PART 1: The Impact on the Colorado Division of Workers' Compensation's Processes and Procedures
Presented by Paul Tauriello, Acting Director, Division of Workers' Compensation, Colorado Department of Labor and Employment
PART 2: The Impact on Workers' Compensation Attorneys and Their Clients
Presented by John A. Sbarbaro, Esq. and Douglas J. Kotarek, Esq.
During its annual legislative session this past spring, the Colorado General Assembly passed 11 bills affecting workers' compensation law. Several of these bills contain multiple, detailed subsections altering the rights, responsibilities, and obligations of employers, insurers, claimants, health care providers, attorneys, the administrative courts and the Division of Workers' Compensation (the Division). In addition to the regulations promulgated on its own, several of the statutory changes required the Division to make additional regulatory changes.
In this special extended session of the program you will hear from both the Division and leading workers' compensation attorneys about what the statutory and regulatory changes mean for you and your clients! Here is just a sample of the new changes you will learn about:
Statutory Changes:
- Expanded definition of “employee”
- Exclusions from the definition of “independent contractor”
- Informational brochure employer or insurer must provide
- Division Independent Medical Examination (DIME) physician disclosure requirements
- Certain reversionary interests in insurance contracts now unenforceable
- Increased penalties for violations of workers' compensation laws
- Prohibitions on IME physicians from contacting authorized treating physicians and certain other physicians
- Limits on the recovery of an overpayment
- What the new ”Provider Review and Disclosure Act” requires
- The term, “at the time of injury,” clarified
- Changes to offsets of permanent partial disability
Regulatory Changes (Proposed and Adopted):
- DIME disclosures
- Complaint procedures for claimants
- New single life expectancy table
- Protection and privacy of DIME audio recordings and writings
- Lump sum payments
- Utilization standards
- Medical fee schedules
- Cumulative trauma conditions
New Case Decisions from the Industrial Claim Appeals Panel (ICAP)
Presented by Frank M. Cavanaugh, Esq.
New Case Decisions from the Colorado Court of Appeals and Colorado Supreme Court
Presented by Hon. Craig C. Eley, Pre-hearing Administrative Law Judge, Division of Workers' Compensation, Colorado Department of Labor and Employment
Spine and Disc Injuries: Anatomy, Diagnosis, and Treatments Available - A Presentation by Dr. Usama H. Ghazi
Dr. Usama H. Ghazi's talk on the anatomy, diagnosis, and treatment of knee injuries was one of the most popular sessions of the Fall 2009 Workers' Compensation Update. Many attendees at the Fall 2009 program asked for a return engagement by Dr. Ghazi at a future program. Your wish is granted!
Join Dr. Ghazi as he explains the essential elements of the spine's anatomy and how the spine functions in the context of the entire body. Doctor Ghazi will then turn his attention to the most common injuries to the spine seen in workers' compensation cases. Dr. Ghazi will explain how these injuries are diagnosed and the most popular treatments available. This promises to be an informative and interesting segment of the program - don't miss it!
Presented by Dr. Usama H. Ghazi
Dealing With, Curbing and Minimizing the Effect of Rude and Unprofessional Behavior by Opposing Counsel
- How unprofessional conduct negatively impacts the administration of justice and adversely affects clients
- How to remain civil when encountering rude, obnoxious, and unprofessional behavior
- Resisting the impulse to respond in kind when confronted with rude and unprofessional behavior
- And more!
Presented by Barry Meinster, Esq., Panel Member, Peer Professionalism Assistance Group
How Pre-hearing ALJ's Handle Rude and Unprofessional Behavior, Including Sanctions Available; Legal Ethics Rules that Apply to Rude and Unprofessional Behavior
- How one Pre-Hearing ALJ deals with attorneys who exhibit rude and unprofessional conduct when appearing before him
- Sanctions administrative law judges sometimes use when confronted with unprofessional behavior
- Some legal ethics rules that are implicated when an attorney engages in rude, obnoxious, and/or intentionally provocative behavior:
a. CRPC 3.4(e), prohibiting a lawyer from making irrelevant statements, intentionally alluding to information that will not be admitted as evidence, and stating personal opinions
b. CRPC 3.5(d), prohibiting a lawyer from engaging in conduct intended to disrupt a tribunal (This duty applies to *any* proceeding of a tribunal, including depositions)
c. CRPC 8.4(d), which includes in the definition of “professional misconduct” conduct which is prejudicial to the administration of justice
Presented by Pre-hearing Administrative Law Judge Thomas DeMarino, Division of Workers' Compensation, Colorado Department of Labor and Employment
Merits Judges Panel: What They Need
Enjoy a very informative presentation from some of Colorado's hard-working administrative law judges hearing workers' compensation cases! The ALJ's will tell you what they need from an attorney appearing before them to allow the court, and the attorney, to be as effective as possible. Learn directly from the judges how to do a super job at your next workers' compensation hearing! Here are examples of the sorts of questions the judges will address (not all issues may be included during the presentation):
- Do video depositions in workers' compensation cases have value? Why or why not?
- Is it valuable to have a physician give medical testimony in a deposition before the hearing or should the attorney simply wait until the hearing to have the physician give medical testimony?
- When a claimant appears pro se, what can a defense attorney do help the hearing proceed smoothly and efficiently?
- What should an attorney include and not include in post-hearing submissions to provide the ALJ with all of the information he or she needs without burdening the ALJ with information that is not critical?
- Are there specific document formats (page size, page limits, paragraph structure, etcetera) an attorney should use when submitting motions and other hearing submissions to the ALJ? In addition, are there particular ways to present hearing submissions that are helpful?
- Are there tips for attorneys when preparing a motion for summary judgment? Content? Format? Other considerations?
- What should be the content and/or format of hearing exhibit packets to make these items as useful as possible to the ALJ?
- When surveillance videos are submitted, is there certain information the exhibits should contain and/or is there a certain way in which these exhibits should be presented?
- What are the on-line and other resources attorneys can use to learn the processes, procedures, and requirements of the administrative courts?
- Opening and closing statements? Length? Format? What to include in them? What not to include? Omit entirely?
Presented by Administrative Law Judge Keith Mottram and Administrative Law Judge Donald Walsh
Planning Committee
Patricia Jean Clisham, Esq.
Clisham, Satriana & Biscan, LLC
Denver, CO
Robert Erickson, Esq.
Pinnacol Assurance
Denver, CO
Janet L. Frickey, Esq.
The Frickey Law Firm
Lakewood, CO
Tama L. Levine, Esq.
Blackman & Levine, LLC
Denver, CO
Faculty
Frank M. Cavanaugh, Esq.
Hall & Evans, LLC
Denver, CO
Hon. Thomas J. DeMarino, Pre-hearing Administrative Law Judge
Division of Workers' Compensation
Colorado Department of Labor and Employment
Denver, CO
Hon. Craig E. Eley
Pre-hearing Administrative Law Judge
Division of Workers' Compensation
Colorado Department of Labor and Employment
Denver, CO
Clifford Eley, Esq.
The Eley Law Firm
Denver, CO
Douglas J. Kotarek, Esq.
Hall & Evans, LLC
Denver, CO
Adam M. McClure, Esq.
The Frickey Law Firm
Lakewood, CO
Barry Meinster, Esq.
Panel Member
Peer Professionalism Assistance Group
Denver, CO
Hon. Keith Mottram, Administrative Law Judge
Office of Administrative Courts
Colorado Department of Personnel and Administration
Grand Junction, CO
John A. Sbarbaro, Esq.
Law Office of O'Toole & Sbarbaro, PC
Denver, CO
Paul Tauriello, Acting Director
Division of Workers' Compensation
Colorado Department of Labor and Employment
Denver, CO
Hon. Donald Walsh, Administrative Law Judge
Office of Administrative Courts
Colorado Department of Personnel and Administration
Colorado Springs, CO
- CLE Pass Price *FREE! - exclusions may apply
- Standard Price $329.00 USD
- Member Price $269.00 USD
- General Credits 7.00
- Ethics Credits 1.20
- EDI Credits