Workers' Compensation in Louisiana: Critical Essentials from Both Sides of the Aisle

Agenda / Content Covered

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1. Essential Workers' Compensation Laws, Concepts and Legal Updates
   9:00 - 10:00, Heather W. Angelico
   1. State Workers' Compensation Laws and Guidelines
      1. Who is Eligible?
      2. Covered Injuries
      3. Available Benefits
      4. Workers' Compensation Insurance Basics
   2. Key Terms and Concepts
      1. Disability: Permanent, Temporary, Partial and Total
      2. Impairment Ratings
      3. Maximum Medical Improvement (MMI)
      4. Vocational Rehabilitation
   3. Legal Updates
2. Navigating Workers' Compensation Processes, Procedures and Forms
   10:15 - 11:00, Philip E. Roberts
   1. Determining the Value of a Claim
   2. Claim Filing Procedures and Time Limits
   3. The Medical Evaluation Process
   4. How Insurers Evaluate Claims
   5. The Vocational Process: Common Mistakes Attorneys Make
   6. Key Forms: Avoiding Critical Mistakes
3. How Doctors Evaluate Workers' Compensation Medical Issues
   11:00 - 11:30, Daren Sarphie
   1. Legal Responsibilities of Physicians
   2. Impairment Rating Guidelines
   3. Functional Capacity Evaluations
   4. Independent Medical Examinations
   5. Injury Causation
   6. How MMI is Determined
4. Proving - or Disproving - the Validity of Denied Claims
   11:30 - 12:15, Daren Sarphie
   1. Key Causal Connections That Make or Break Claims
   2. Is There an Employment Relationship?
   3. Willful Misconduct
   4. Preexisting Conditions
   5. Occupational Diseases
   6. Mental and Stress-Related Claims
   7. Horseplay Claims
   8. Travelling Employees
   9. Off-the-Clock Claims
5. Using Evidence to Your Client's Advantage: Claimant and Respondent Strategies
   1:15 - 2:00, Heather W. Angelico
   1. Official Medical Records
   2. Second Medical Opinions
   3. Documentation of the Recovery Process
   4. Pre- and Post-MMI Jobs Created
   5. Accident Reports
   6. Employment Records
   7. Witness Statements
   8. Insurance Carrier Doctor Background and Competency
   9. Use of Expert Witnesses
   10. Social Media Landmines
6. Mastering the Art of Settlement Negotiation
   2:00 - 2:45, Brent M. Steier
   1. Determining the Right Time to Settle
   2. Lump Sum vs. Structured Settlements
   3. Negotiating Payment for Disputed Treatment Costs
   4. Future Medical Expenses
   5. Lost Wages and Lost Earning Capacity
   6. Factoring in Liens
   7. Minimizing Social Security Offsets
   8. Medicare - and Medicaid - Set-Aside Considerations
7. Essential Workers' Compensation Hearing and Appeal Tactics: Perspectives From Both Sides of the Aisle
   3:00 - 3:30, Brent M. Steier
8. Ethical Considerations
   3:30 - 4:30, Brent M. Steier
   1. Rules of Professional Conduct
   2. Communication with Other Parties
   3. Attorneys' Fees
   4. Lawyer Liability

HEATHER W. ANGELICO is a director with Galloway, Johnson, Tompkins, Burr & Smith, where she serves as a litigator to the firm, with the focus on Louisiana State Workers' Compensation Act Claims, as well as Admiralty and Maritime issues. She has extensive experience defending Employers and Carriers on matters arising under the Longshore & Harbor Workers' Compensation Act, Defense Base Act, Outercontinental Shelf Lands Act, Nonappropriated Fund Instrumentalities Act, and the Louisiana State Workers' Compensation Act. Ms. Angelico also focuses on matters involving toxic tort. She earned her B.A. degree from Arizona State University Honors College and her J.D. degree and Certificate of Maritime Law from Tulane Law School.

PHILIP E. ROBERTS is special counsel in the Lafayette office of the law firm of Galloway, Johnson, Tompkins, Burr & Smith, where he practices primarily in the areas of employment law, workers compensation defense, insurance defense & coverage and subrogation. Mr. Roberts lectures for various professional organizations. He is a member of the Lafayette Parish and Louisiana State bar associations. Mr. Roberts earned his B.A. degree from Louisiana State University and A&M College, and his J.D. degree from Louisiana State University Law Center.

DAREN SARPHIE is an attorney in the law firm of Workers' Compensation, LLC, where he has been assisting Louisiana's injured workers since 2005. He handles claims for workers' compensation benefits brought pursuant to the Louisiana Workers' Compensation Act and United States Longshore and Harbor Workers' Compensation Act (LHWCA). Mr. Sarphie earned his B.A. degree from the University of Tennessee at Knoxville and his J.D. degree from the LSU Law Center.

BRENT M. STEIER is an attorney with Simien & Simien. Mr. Steier focuses his practice on workers' compensation litigation, contract litigation, insurance coverage litigation, construction litigation, commercial collections, and commercial bankruptcy (adversary proceedings). Mr. Steier is admitted to practice before all Louisiana state courts, the U.S. District Courts for the Eastern, Middle, and Western Districts of Louisiana, and the Bankruptcy Courts for the Eastern, Middle, and Western Districts of Louisiana. He is a member of the Louisiana State and Baton Rouge bar associations. Mr. Steier earned his B.A. degree, with honors, from Northern Illinois University and his J.D. degree from Tulane Law School.