Live Seminar

Workers’ Compensation from A to Z

Seminar

Date:

Tuesday, March 20, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

79555ER

Location:

Holiday Inn Express Civic Center

100 Civic Center Dr

Charleston, WV 25301

$349.00

$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • WV CLE - 7.20

Other

  • IACET - 0.60
  • PACE - 7.00

Program Description

A Comprehensive Overview of Handling Workers' Compensation Cases

Successfully handling a workers' compensation claim requires an in-depth knowledge of useful hearing strategies and an understanding of medical issues amongst other things. Other tricky issues, such as Medicare set-asides and occupational diseases, complicate things even more. This in-depth seminar will explore the comprehensive nature of a workers' compensation claim from start to finish and provide you with the knowledge you need to improve the outcomes of your workers' compensation cases. Register today!

  • Strengthen your knowledge of key workers' compensation laws, practices and issues.
  • Provide greater value to your clients by knowing the ins and outs of key workers' compensation forms and procedures.
  • Gain an advantage over the other side by knowing how they prepare their case.
  • Accurately assess the value of a claim to determine if injured workers are getting the compensation they deserve.
  • Determine if an intoxication defense is valid to use when an injured worker's toxicology report shows evidence of illegal substance use.
  • Know which questions you need to ask key witnesses during workers' compensation hearings.
  • Analyze settlement agreements and spot key pitfalls that deprive your clients of essential funds.
  • Don't let Medicare break your settlement: get up-to-speed on how to handle Medicare set asides.

Who Should Attend

This basic-to-intermediate level program on workers' compensation claims is for:

  • Attorneys
  • In-House Counsel
  • Workers' Compensation Administrators
  • Human Resources Professionals
  • Paralegals

Course Content

  1. Workers' Compensation: Key Concepts and Issues
  2. West Virginia Case Law Update
  3. Navigating Workers' Compensation Processes, Procedures and Forms
  4. Preparing Your Case
  5. Calculating the Value of a Claim
  6. Workers' Compensation Medicare Set-Aside Arrangements
  7. Social Security Offsets in Workers' Compensation
  8. Strategies for Workers' Compensation Hearings

Continuing Education Credit

Continuing Legal Education – CLE: 7.20

International Association for Continuing Education Training – IACET: 0.60

Professional Achievement in Continuing Education – PACE: 7.00


* denotes specialty credits

Agenda / Content Covered

  1. Workers' Compensation: Key Concepts and Issues
    9:00 - 9:30, H. Toney Stroud
    1. State Workers' Compensation Laws
    2. Responsibilities of Employers and Employees
    3. Statutes of Limitations
    4. Workers' Compensation Fraud
  2. West Virginia Case Law
    9:30 - 10:00, H. Toney Stroud
  3. Navigating Workers' Compensation Processes, Procedures and Forms
    10:00 - 10:45, Jeffrey B. Brannon & T. Jonathan Cook
  4. Preparing Your Case
    11:00 - 12:00, Timothy E. Huffman
    1. Claimant's Attorney: Intake, Investigation and Case Preparation
    2. Defendant's Attorney: Receipt of the File, Investigation and Case Preparation
    3. Preparing Appeals: Special Considerations
  5. Calculating the Value of a Claim
    1:00 - 1:45, Jeffrey B. Brannon & T. Jonathan Cook
  6. Workers' Compensation Medicare Set-Aside Arrangements
    1:45 - 2:30, Daniel G. Murdock
    1. The Medicare Secondary Payer Act
    2. CMS Thresholds, Approval and Settlement Allocation
    3. Methods of MSA Funding
    4. MSA Accounts, Terms and Administration
    5. Enforcement Rights for Medicare
    6. Medicaid Set-Aside Essentials
  7. Social Security Offsets in Workers' Compensation
    2:45 - 3:30, Daniel G. Murdock
    1. How to Calculate "Average Current Earnings"
    2. Is There an Offset for Private or Government Disability Benefits?
    3. How to Minimize the Offset in Workers' Compensation Settlements
    4. When Does the Offset Stop?
    5. Case Study Review - Working Through Cases
  8. Strategies for Workers' Compensation Hearings
    3:30 - 4:30, Cameron Blair
    1. Presenting Evidence: Tips and Techniques
    2. Key Questions for Lay and Expert Witnesses
    3. Raising Effective Objections
    4. Affirmative Defenses

CAMERON BLAIR is an attorney with the Charleston law firm of Fogle Keller Walker, PLLC. Mr. Blair is licensed to practice in both Kentucky and West Virginia. His practice is devoted to representing employers in workers' compensation defense claims, and helping employers defend claims brought by coal miners in Federal Black Lung disputes. He earned his B.A. degree from Eastern Kentucky University and his J.D. degree at the University of Kentucky College of Law. Mr. Blair is a member of the Kentucky and The West Virginia bar associations.

JEFFREY B. BRANNON is the managing partner of Cipriani & Werner, P.C.’s Charleston, West Virginia, office and group leader of their West Virginia workers’ compensation practice. Previously, he served as a member of the Putnam County Planning Commission and Putnam County Board of Zoning Appeals. He graduated from the University of Charleston with a B.A. degree in political science in 1994. In 1998, Mr. Brannon received his J.D. degree from the University of Dayton School of Law. He is a member of The West Virginia State Bar and the West Virginia Defense Trial Counsel where he previously served as the chairperson of the Workers’ Compensation Substantive Committee. He is admitted to practice law before the Supreme Court of Appeals of West Virginia, the U.S. District Court for the Southern District of West Virginia, and the Fourth Circuit Court of Appeals. After law school, Mr. Brannon was associated with R. Clark VanDervort, practicing general civil litigation for more than a year. From January 2000 through January 2001, he worked as an assistant attorney general in the Employment Programs Litigation Unit representing the Workers’ Compensation Commission. The majority of his work during this period involved defending claims for permanent total disability benefits. Since 2001, Mr. Brannon has been employed by private firms located in the Charleston area and has focused exclusively on representing employers, both self-insured and insured, in the defense of their workers’ compensation claims. He has developed and provided training to claims adjusters for self-insured employers who self-administer their claims, as well as claims adjusters for private carriers and third party administrators who administer West Virginia workers’ compensation claims. He also continuously monitors the statutory and regulatory changes which affect the West Virginia Workers’ Compensation system. Mr. Brannon represents clients before the Offices of the Insurance Commissioner, the Office of Judges, the Board of Review and the West Virginia Supreme Court of Appeals. In addition to litigation, he has also represented self-insured employers, third party administrators and private insurance carriers regarding various issues, including market conduct audits before the Offices of the Insurance Commissioner.

T. JONATHAN COOK is an attorney in the West Virginia law firm of Cipriani & Werner, P.C. He focuses his practice on workers' compensation matters. Mr. Cook was an assistant attorney general for the West Virginia Workers' Compensation Defense Division from 2004 - 2006. He earned his B.A. degree from West Virginia University and his J.D. degree from West Virginia University College of Law. Mr. Cook is admitted to practice before the West Virginia Supreme Court of Appeals and the U.S. District Court for the Southern District of West Virginia. He is admitted to The West Virginia State Bar, the Defense Trial Counsel of West Virginia, and the Kanawha County Bar.

TIMOTHY E. HUFFMAN is a partner in the Charleston law firm of Jackson & Kelly where his practice is devoted to workers' compensation law. Mr. Huffman earned his A.B. degree from Marshall University and his J.D. degree from West Virginia University. He is a former assistant attorney general for the state of West Virginia and served as executive secretary and commissioner of the West Virginia Workers' Compensation Fund. Mr. Huffman has lectured extensively on West Virginia workers' compensation law. He is a member of The West Virginia State Bar and American Bar Association.

DANIEL G. MURDOCK is an attorney with the Charleston law firm of Fogle Keller Purdy, PLLC. His practice is devoted to workers' compensation defense and insurance law. Mr. Murdock earned his B.A. degree at the University of New York at Binghamton and his J.D. degree at Washington & Lee University School of Law.

H. TONEY STROUD is an attorney in the litigation department of BrickStreet Insurance. In this role, Mr. Stroud supervises outside counsel in workers’ compensation matters and third-party litigation. In addition, he assists the BrickStreet teams with legal issues that arise in management of workers’ compensation claims. Mr. Stroud also provides defense for occupational pneumoconiosis claims. Prior to joining BrickStreet Insurance, Mr. Stroud was a partner at Steptoe & Johnson PLLC, where he focused his practice in the area of employment law, with an emphasis on workplace injuries, including litigation arising from those injuries. Mr. Stroud represented numerous employers in all aspects of occupational injury claims, occupational disease claims, and occupational pneumoconiosis claims, and counseled clients on return to work issues. He has a considerable appellate practice, having taken matters before both the West Virginia Board of Review and the West Virginia Supreme Court of Appeals. He has handled claims of both injuries and diseases for employers in several different industries including claims of traumatic injuries, repetitive trauma such as carpal tunnel syndrome, chemical exposure, hearing loss, black lung, and occupational stress claims. Mr. Stroud has administrative experience and has represented employers before administrative agencies including OSHA, EEOC, the West Virginia Human Rights Commission, prior West Virginia Workers’ Compensation Commission, the West Virginia Workers’ Compensation Office of Judges, Ohio Bureau of Workers’ Compensation, and the Industrial Commission of Ohio. In addition, Mr. Stroud has extensive experience in deliberate intent litigation and has also defended employers in the Court of Common Pleas in Ohio related to workers’ compensation litigation. Prior to beginning his legal career, Mr. Stroud served as a claims administrator with a third party administrator. Within this capacity, he managed workers’ compensation claims from their inception and continued throughout the litigation process. He has assisted employers in premium related issues, as well as feasibility studies for various self-insurance plans. Mr. Stroud earned his B.B.A. degree at Marshall University and his J.D. degree at West Virginia University.

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

Accreditation Details:

Continuing Legal Education

WV CLE: 7.20
This program qualifies for 7.2 hours of credit, which includes 0.0 hour of ethics, under the West Virginia Rules for Mandatory Continuing Legal Education.


International Association for Continuing Education Training

N IACET: 0.60
NBI, Inc. is accredited by the International Association for Continuing Education and Training (IACET) and is authorized to issue the IACET CEU. NBI, Inc. is authorized by IACET to offer 0.6 CEUs for this program. At the end of the program, participants must complete a self-assessment in order to receive credit. 100% attendance is required. (Provider #1004558)

Upon completion of this course, attendee will be able to: 1. Identify two responsibilities of employers in workers' compensation situations. 2. Describe how to navigate workers' compensation forms. 3. Compare one case preparation method that claimant attorneys use to one that defense attorneys use. 4. Describe two methods that can be used to assess the value of a workers' compensation claim. 5. Describe a situation when an intoxication defense is the most effective one to use. 6. Describe two strategies attorneys use to present evidence in a workers' compensation case. 7. Identify key pitfalls to avoid in workers' compensation settlements. 8. Describe how to fund a Medicare set-aside. 9. Describe how attorneys can avoid ethical violations over attorney's fees in workers' compensation cases.

Professional Achievement in Continuing Education

N PACE: 7.00
This seminar qualifies for 7.0 PACE (Professional Achievement in Continuing Education) credit hours for RHU and/or REBC.


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