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Workers' Compensation Law From Start to Finish

presented by NBI, Inc.
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Workers' Compensation Law From Start to Finish

Workshop Description/Agenda

Your All-Inclusive Guide to Workers' Compensation Cases

Workers' compensation cases can be difficult to maneuver through. This in-depth, two-day course will provide you with a solid understanding of the ins and outs of the processes and procedures associated with these cases. Take a look at the interplay of benefits in order to properly negotiate a settlement. Gain in-depth knowledge of common injuries associated with workers' compensation - and the corresponding guidelines. Explore all aspects of workers' compensation claims from start to finish - register today!

  • Take a closer look at the applicable laws associated with workers' compensation claims.
  • Accurately investigate and prepare for workers' compensation cases.
  • Ensure employees and independent contractors are appropriately classified.
  • Review medical guidelines for evaluating workers' compensation injuries.
  • Master the legal essentials of common injuries associated with workers' compensation claims.
  • Learn effective strategies for handling the workers' compensation hearing.
  • Take an in-depth look into Medicare set-asides and MSP compliance in workers' compensation.


Day One

  1. Ohio Workers' Compensation: Laws, Processes, Procedures and Forms
    9:00 - 9:45, Jared L. Buker
    1. Overview of the Process
    2. Legislative Changes
    3. Jurisdiction Considerations
    4. Applicable Workers' Compensation Laws
    5. Medical Questionnaires
    6. Forms and Sample Letters
      1. Questionnaires to the Treating Physician
      2. Memorandum of Agreements
      3. Mutual Agreements
      4. Electronic Filing of Claim Forms
    7. Understanding Responsibilities of Employers and Employees
  2. Benefits: How to Obtain, Calculate and Coordinate
    9:45 - 10:30, Philip J. Gauer
    1. Benefits Available - Medical, Pharmacy and Disability
    2. Partial vs. Total Disability
    3. Coordination of Benefits - ADA, FMLA and Workers' Compensation
    4. Return-to-Work Considerations
  3. Case Preparation: Intake and Investigating the Claim
    10:45 - 12:00, Philip J. Gauer
    1. Intake and Screening of the Case
    2. Crucial Evidence to Obtain: Background Information, Past Medical History and More
    3. Depositions to Gather Info on the Claims
    4. Organizing and Maintaining the File
    5. Investigating Outside Factors: Weather Reports, Social Media and More
    6. Identifying Potential Fraud
    7. Calculating the Value of a Claim - Contested vs. Uncontested Accidents
    8. Preparing Appeals: Special Considerations
  4. Employee vs. Independent Contractor: Proving Proper Classification
    1:00 - 1:45, Paulette Ivan
  5. Evaluating Medical Guidelines for Injuries
    1:45 - 2:30, Jared L. Buker
    1. Reviewing and Analyzing Medical Records and Bills
    2. Determining Causation
    3. Disability Evaluations, Vocational Rehabilitation and Return-to-Work Matters
    4. Proving/Disproving the Validity of the Claim
    5. Functional Capacity Evaluations (FCE) and Independent Medical Examinations (IME)
    6. Partial Disability vs. Whole Body Injury - Impact on Compensability
  6. Assessing Medical Injuries in Workers' Compensation
    2:45 - 3:30, Christopher C. Russell
    1. Types of Injuries - Unique Characteristics to Look for
      1. Back, Neck and Spinal Cord
      2. Head and Brain Trauma
      3. Burns
      4. Loss of Sight/Eye Injuries
      5. Psychiatric Injuries
    2. Work-Related Injury vs. Compensable Injury
    3. Identifying Aggravations of Pre-Existing Conditions
    4. Evaluation of Permanent Impairment
  7. Painkillers, Opioids and Narcotics: How to Handle Issues in Workers' Compensation
    3:30 - 4:30, Melissa A. Black
    1. Proving Whether the Injury Was Related to Work
    2. Toxicology Reports: Understanding the Intoxication Defense
    3. Understanding Opioid Abuse Signs
    4. Treatment of Medical and Recreational Marijuana Use

Day Two

  1. Workers' Compensation Case Law Update
    9:00 - 10:00, Kevin R. Sanislo
  2. Negotiating a Workers' Compensation Settlement
    10:00 - 11:00, Niki K. Talik
    1. Determining When to Settle
    2. Lump Sum vs. Structured Settlements
    3. Language to Include in the Agreement
    4. Addressing Concerns for Return to Work
    5. FMLA Considerations
  3. Workers' Compensation Hearing Tactics
    11:15 - 12:30, Shane M. Dawson
    1. Presenting Evidence
    2. Questions to Ask Lay and Expert Witnesses
    3. Raising Effective Objections
    4. Affirmative Defenses to Consider
    5. Preparing for Appeals
  4. Medicare Set-Asides and MSP Compliance in Workers' Compensation
    1:30 - 2:30, Rebecca J. Johnson
    1. Overview of the Medicare Secondary Payer Act
    2. A Walk Through the CMS Review and Approval Process
    3. CMS Approval of Zero Dollar Set-Asides
    4. Understanding When a Set-Aside is Necessary
    5. MSA Documentation Essentials
    6. Methods of MSA Funding
    7. Administration and Terms of MSA Accounts
    8. Post-Settlement Reductions - When are They Possible?
  5. Minimizing Social Security Offsets in Workers' Compensation
    2:45 - 3:30, Rebecca J. Johnson
    1. Social Security Disability - How it Works
    2. How to Calculate Benefits and Offsets - Key Formulas
    3. Minimizing the Offset in Workers' Compensation Settlements
    4. When Does the Offset Stop?
    5. Reverse Offsets: What You Need to Know
  6. Ethical Compliance in Workers' Compensation
    3:30 - 4:30, Shane M. Dawson
    1. Adhering to the Rules of Professional Conduct
    2. Communications with Parties, Doctors and Rehabilitation Personnel
    3. Attorney Fees
    4. Lawyer Liability

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

Additional Information

Training Provider: NBI, Inc.

Course Topics: HR Management Training > Job Analysis/Compensation

Training Course Summary: Workers' Compensation Law From Start to Finish

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