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| From Event: Workers' Compensation: The Settlement Process and Hearings, held June 2010.
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Program Description
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Whether you're new to this area of law or just want to learn some tips and tricks of the other side, this practical instruction will deliver the foundational knowledge and approaches needed to avoid common errors and achieve favorable outcomes when handling workers' compensation claims. Come away with valuable procedural techniques, as well as medical and disability benefits insights. Order today!
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Course Content
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- New Hampshire Statute and Case Law Update
- Preparing Your Case
- The Doctor's Viewpoint of Medical Aspects
- Mediation Conference
- The Settlement Process
- Medicare Set-Aside Process, Liens and Subrogation Interests
- The Hearing - Overview of the Hearing Process Before the DOL Hearing Officer
- The Appeal - Overview of the Hearing Process Before the Compensation Appeal Board (CAB)
- Ethical Considerations
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Continuing Education Credits:
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Continuing Legal Education - CLE: 6.00 NH - Credit Approval Expiration 06/15/2012 National Association of Legal Assistants, Inc. - NALA: 6.00 National - Credit Approval Expiration 06/15/2012
* denotes specialty credits
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Agenda / Content Covered:
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- New Hampshire Statute and Case Law Update
9:00 - 9:15, James E. Owers - Preparing Your Case
9:15 - 9:45, James E. Owers - Case Evaluation
- Crucial Evidence to Obtain
- Statute of Limitations – Critical Steps When Time is of the Essence
- Evaluation of Disability Benefits
- Employer's Attorney: Crucial Evidence and How to Obtain It
- Depositions
- When is Taking Depositions Necessary?
- Deposing Doctors: Mistakes to Avoid
- Properly Filing the Claim: Do's and Don'ts
- Affirmative Defenses
- Fraud
- The Doctor's Viewpoint of Medical Aspects
9:45 - 10:30 and 10:45 - 11:30, William F. Boucher M.D. - Causation
- Importance of Medical History and Client Credibility
- Use of the AMA Guides
- Performing an Impairment Rating Evaluation
- Disability Evaluations and Ratings
- Functional Capacity Evaluations
- Maximum Medical Improvement (MMI)
- HCP Form Letters
- Use of IMEs and Six-Month Reviews
- Mediation Conference
11:30 - 11:45, James E. Owers - Preparation
- At the Conference – Mediation Strategies
- Post-Mediation Conference Settlements
- The Settlement Process
11:45 - 12:00, James E. Owers - Determining the Settlement Range
- Types of Settlements
- Settlement Agreements
- What Should be Included?
- Period of Time for Which Benefits are Paid
- Critical Language
- Pitfalls to Avoid When Settling Cases
- Post-Settlement Issues
- Medicare Set-Aside Process, Liens and Subrogation Interests
1:00 - 1:15, James E. Owers - The Hearing - Overview of the Hearing Process Before the DOL Hearing Officer
1:15 - 2:15, Michael R. Mortimer - Evidence, Submission and Admissibility
- Hearing Rules Before the DOL
- Hearing Strategies
- Requesting the Hearing
- Presentation of Evidence
- Witnesses
- Direct and Cross-Examination
- What Questions Should be Asked
- Objections
- The Appeal - Overview of the Hearing Process Before the Compensation Appeal Board (CAB)
2:30 - 3:30, Michael R. Mortimer - Evidence, Submission and Admissibility
- Hearing Rules Before the CAB
- Hearing Strategies
- Overview of Appeal to Supreme Court
- Motion for Rehearing
- Notice of Appeal
- Ethical Considerations
3:30 - 4:30, James E. Owers - Scope of Discovery
- Communication With Injured Party and Medical Providers
- Responsibility to be Candid With the Court
- Bordering on Fraud
- Conflicts Between the Insurer and the Insured
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WILLIAM F. BOUCHER M.D. is a founding member of the American Board of Independent Medical Examiners, where he has served on the Selection Committee and is certified by ABIME. He has performed many independent medical examinations and permanent impairment ratings since 1989. Dr. Boucher is the president of Fortunes Rocks Consultants. He has spoken to national groups on work fitness and disability issues, and has built a national reputation for his expertise in these areas. He has been an ongoing contributor to publications regarding disability issues and permanent impairment. Dr. Boucher is board-certified in occupational medicine, and is a fellow of the American College of Occupational and Environmental Medicine and the American College of Preventative Medicine. Dr. Boucher is past chairman and current secretary of ACOEM's Work Fitness and Disability Evaluation Section. He maintains a clinical practice at Southern Maine Medical Center and Bayside Employee Health Center. MICHAEL R. MORTIMER is a partner at the law firm of Wadleigh Starr & Peters PLLC, where he practices in the areas of workers' compensation, insurance defense litigation, insurance law and civil litigation. He earned his B.A. degree from Williams College and his J.D. degree, cum laude, from Boston University. Mr. Mortimer is a member of the New Hampshire (member, Workers' Compensation Law Section) and Massachusetts bar associations. JAMES E. OWERS is a partner in the law firm of Sulloway & Hollis, P.L.L.C., in Concord. Mr. Owers primarily represents employers and insurance carriers in the defense of fidelity, surety and probate bond claims, workers' compensation and personal injury claims. He has been practicing law since 1979. Mr. Owers has written numerous articles on insurance matters and other topics. He served as a law clerk to the Alaska Supreme Court and the U.S. Court of Appeals for the 9th Circuit. Mr. Owers is a member of the New Hampshire, Alaska and Merrimack County bar associations, and served on the City of Concord Conservation Commission. He received his B.A. degree from Beloit College and his J.D. degree from Cornell University Law School.
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Please refer to Continuing Education Credit FAQ for general information about seeking
credit for your participation in one of our continuing education programs.
Additionally, our team of credit specialists are here to answer your specific credit-related
questions weekdays 7am - 5pm Central:
Phone: 866-240-1890
Email: credit@nbi-sems.com
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ACCREDITATION DETAILS:
Continuing Legal Education
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NH
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CLE:
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6.00
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Credit Approval Exp 06/15/2012
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NBI, Inc. is an Annual NHMCLE Sponsor. This program qualifies for up to 6.0 self-study NHMCLE credit hours, including 1.0 hour in ethics. No more than 6.0 hours of self-study CLE credit may be earned during a reporting period.
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National Association of Legal Assistants, Inc.
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LA:
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6.00
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Credit Approval Exp 06/15/2012
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This seminar meets the requirements of the Certifying Board for Legal Assistants of the National Association of Legal Assistants, Inc., for 6.0 hours, including 1.0 ethics, of continuing legal assistant education self-study credit required to maintain the CLA (Certified Legal Assistant) credential.
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| Web: |
Order Now
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| Call: |
800.930.6182 |
| Fax: |
715.835.1405 |
| Mail: |
NBI
P.O. Box 3067
Eau Claire, WI 54702
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