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Alabama Workers' Comp Conference - Materials Only

Alabama Workers' Comp Conference - Materials Only

Product Code: T15ALWCM

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Alabama Workers' Comp Conference - Materials Only

Held Friday, September 18, 2015

The materials from this in-depth conference are now available!

This conference featured two tracks -- one for attorneys and one for employers and others.

Employers heard from experienced defense attorneys:

  • How an employee’s failure to fulfill his or her responsibilities in a workers’ comp claim could turn into an affirmative defense for an employer should the claim go to court
  • Drug and alcohol testing in the workplace
  • Workplace accidents leading to suits outside workers’ compensation
  • Complying with OSHA and other workplace safety issues
  • Returning the injured employee to work


Attorneys heard from a trial court judge, defense attorneys, and plaintiffs’ attorneys:

  • Medical issues and their role in the complex workers’ comp claim
  • Litigation tips for the difficult workers’ comp case
  • Current issues and challenges with Medicare set-asides
  • Case presentation tips from a trial judge
  • Ethical dilemmas in workers’ comp cases


Each track featured a review of the latest cases from the Alabama Supreme Court and the Court of Civil Appeals.

  • New exceptions to the going and coming to work rule
  • New twists on medical care, MMI and payment of TTD
  • Further developments in the determination of whether or not the plaintiff's injury is in the course and scope of employment


Speakers:


Jennifer Baker, Carr Allison, Birmingham
Ryan G. Brake, Carr Allison, Florence
Michael I. Fish, Fish Nelson & Holden, LLC, Birmingham
Anthony Fox, Scott, Sullivan, Streetman & Fox, P.C., Birmingham
Elizabeth Glasgow, Farmer Price Hornsby & Weatherford, LLP, Dothan
Joshua G. Holden, Fish Nelson & Holden, LLC, Birmingham
Lawrence King, King Simmons, P.C., Birmingham
Donald B. (Bo) Kirkpatrick II, Carr Allison, Birmingham
Sam Maples, Maples, Tucker & Jacobs LLC, Birmingham
Judge Collins Pettaway, Jr., Fourth Judicial Circuit Court, Dallas County
William Powell, Powell & Denny, P.C., Birmingham
Jeannie Walston, Starnes Davis Florie, LLP, Birmingham


Who should order the materials from this conference?

  • Employers
  • Insurance adjusters
  • Third party administrators
  • Safety and human resource managers
  • Plaintiffs’ and defense attorneys
  • In-house counsel


How was this seminar different?

  • Beyond workers’ compensation. Employers learned about other types of suits that arise out of workplace accidents.  
  • Practical information. Employers got practical information on drug and alcohol testing, workplace safety, return to work issues, and the employee’s responsibilities in a workers’ comp claim.
  • Judicial perspective. Attorneys got case presentation tips from a trial judge.
  • Social media. Attorneys learned what is, and is not, discoverable in a world where privacy is disappearing.
  • Medical issues. Attorneys learned about medical issues and their role in complex workers’ compensation claims.
  • Update. Attendees received an update on the latest workers’ compensation decisions from the Alabama Supreme Court and the Court of Civil Appeals.
  • Medicare set-asides. Attendees learned about Medicare set-asides and how to use them.

 

Your Faculty

BakerJennifer Baker, of Carr Allison in Birmingham, practices in the firm's Medicare Compliance Group. She has extensive knowledge of the federal Medicare Secondary Payer Act. She assists parties in workers' compensation and personal injury settlements with Medicare Set-asides, conditional payments, Section 111 reporting issues and reviews and advises on case-specific settlement language throughout the country. She also frequently speaks on Medicare compliance issues at seminars and conferences. Recently, Ms. Baker co-authored an article with Matthew N. Tully regarding a Medicare Advantage Plan's right to seek reimbursement under the MSPA, which was published in the Fall 2013 issue of the Alabama Defense Lawyers Association Journal. She received her B.S. from the University of Georgia and J.D., cum laude, from Cumberland School of Law, Samford University. While in law school, she served as Research and Writing Editor for the American Journal of Trial Advocacy.

 

BrakeRyan G. Brake is a shareholder with Carr Allison and practices in the firm's Florence office. He has handled workers' compensation matters on behalf of self-insured employers across Alabama. Mr. Brake practices in the areas of general liability and workers’ compensation.  He has defended numerous premises liability and auto accident cases in courts across Alabama.  He also has handled workers’ compensation claims on behalf of self-insured employers as well as employers insured by companies such as Zurich, CNA, Liberty Mutual, and The Zenith.  Mr. Brake is a member of the Alabama Bar Association (workers’ compensation section). He is a regular speaker on workers’ compensation issues to human resources and safety professionals and has spoken for Lorman, Sterling Education Services, University of North Alabama Continuing Education, Auburn University Center for Governmental Services, the Alabama Defense Lawyers Association, the Alabama Workers’ Compensation Organization and the Alabama Self Insurers Association. He was selected as an Alabama Rising Star from 2011 to 2013.

 

FishMichael I. Fish, is a founding member of the Birmingham insurance defense law firm of Fish Nelson & Holden LLC. He received his B.A. from The University of Georgia and his J.D. from Cumberland School of Law at Samford University where he was one of only eight students selected by the faculty for the academic honor of Order of Barristers. Mr. Fish is a past Chair of the American Bar Association Workers' Compensation and Employers’ Liability Committee. In 2010, he and his law firm became a member of the National Workers’ Compensation Defense Network. Mr. Fish was selected by his peers as Birmingham Business Journal's "Best of the Bar" for Workers' Compensation in 2005 and 2006 and “Top 40 under 40” in 2009. He was selected as one of LexisNexis’ “Workers’ Compensation Notable People for 2010” and was only one of two defense attorneys selected in the nation. In 2012 and 2013, he was selected by his peers as one of Birmingham Magazine’s “Top Attorneys” in the field of workers’ compensation. Most recently, he was inducted into the prestigious College of Workers’ Compensation Lawyers. He is only the fourth Alabama lawyer to ever be inducted. 

 

FoxAnthony Fox is an attorney at the law firm of Scott, Sullivan, Streetman & Fox, P.C. in Birmingham, where he practices in the areas of workers' compensation, labor and employment, insurance defense and insurance coverage. He is a member of the Alabama State Bar (Workers' Compensation Section), the Alabama Defense Lawyers Association, and the Bar Association for the U.S. Supreme Court. Mr. Fox earned his B.A. from Maryville College and his J.D., cum laude, from Cumberland School of Law of Samford University.

 



GlasgowElizabeth Glasgow is a partner with the law firm of Farmer Price Hornsby & Weatherford, LLP in Dothan. Her areas of practice are Labor and Employment, Business and Civil Litigation, Corporate Law, and Healthcare Law. She was previously an associate at O’Malley & Miles (1991-1992), Crowell & Moring (1990-1991), and Hinshaw & Culberton (1987-1990). She was admitted to practice in Alabama in 1993, Georgia in 1995, and Florida in 2001. She received her B.A. from Vanderbilt University in 1983 and her J.D. from Washington University School of Law in St. Louis in 1987.

Ms. Glasgow was an Instructor in Employment Law and Lawsuit Prevention for HR Managers at Troy University in Dothan (2000-2007) and was an Adjunct Professor in Employment Law for Business Professionals, Masters of Human Resource Management Program, at Troy University in Dothan (2002-2003).

 

HoldenJoshua G. Holden is a member of the Birmingham insurance defense law firm of Fish Nelson & Holden, LLC. He was selected as an “Alabama Rising Star” by Super Lawyers. He received his B.S. degree from The University of Alabama at Birmingham where he played football for five years. He received his J.D. from Mississippi College School of Law graduating with honors. While at Mississippi College, he received the Robert Gillisepe award in the Moot Court competition for “Best Oralist.” Mr. Holden is the Immediate Past-Chair of the American Bar Association Workers' Compensation and Employers’ Liability Committee. He serves on the Board for the Alabama Workers’ Compensation Organization. He is also a member with The Alabama State Bar, The Birmingham Bar Association, The Montgomery Claims Association, The Mobile Claims Association, The West Alabama Workers' Compensation Organization, The Defense Research Institute, The Alabama Workers' Compensation Defense Lawyers Association, and The Alabama Defense Lawyers' Association. He is admitted to practice in all state and federal courts in Alabama. He practices in the area of insurance defense litigation. He and his firm are members of the National Workers’ Compensation Defense Network.

 

KingLawrence King is with King Simmons P.C. in Birmingham. He was recently recognized by Super Lawyers as one of the Top 50 lawyers in the entire state – for the third consecutive year. He was also selected as a "Top Lawyer" in 2012 as published by Birmingham Magazine. He is proudest of his service on behalf of the injured people of the state. Having secured over $5,000,000 in verdicts on behalf of workers fired for having exercised their rights to workers' compensation benefits – including record jury verdicts in at least four Alabama counties, and having published several articles in leading legal publications in that area of the law, he has been one of Alabama's leaders in protecting the rights of those hurt during the course of their work. Two of his scholarly articles, “Fired in Retaliation for Claiming Workers' Compensation Benefits in Alabama,” 24 American Journal of Trial Advocacy 539 (2001) and “What Triggers the Application of Alabama Code §25-5-11.1”?, 33 American Journal of Trial Advocacy 1 379 (2010) (with Christina Van Der Hulst), were cited as authoritative in the Alabama Pattern Jury Instructions (3d ed. 2012), on the topic of retaliatory discharge. He has likewise championed the rights of those injured outside the workplace.

 

KirkpatrickDonald B. (Bo) Kirkpatrick II is a senior shareholder and a founding member of Carr Allison in Birmingham. He graduated from the Cumberland School of Law at Samford University, where he served as Student Materials Editor for the American Journal of Trial Advocacy as well as Chief Justice of the Honor Court. He served as the Chair of the Workers' Compensation Section of the Alabama State Bar, and currently sits as the Co-Chair of the Workers' Compensation Practice Group at Carr Allison. His practice focuses primarily on workers' compensation and related litigation, including retaliatory discharge and other employment matters. He has handled litigation statewide for Fortune 500 Companies, and has extensive trial experience across the entire state of Alabama. He is one of two attorneys from the State of Alabama who regularly speaks at the Judicial College, put on twice a year for the Judges in the State of Alabama. He speaks at seminars nationwide dealing with workers' compensation issues. He has served on the 10th Judicial Circuit of Alabama's Workers' Compensation and HIPAA committees. He regularly advises self-insured clients, third party administrators and insurance carriers with respect to workers' compensation issues. He has been selected to the Alabama Super Lawyers list from 2008-2015 as well as Best Lawyers in America® from 2012-2014.

 

MaplesSam Maples is a partner with Maples, Tucker & Jacobs, LLC in Birmingham. He is a seasoned trial attorney in many areas of civil litigation. He practices primarily personal injury law, workers' compensation, and general civil litigation. He has tried over 100 jury trials and over 200 bench trials across several Alabama counties. He has also successfully litigated cases in Mississippi, Tennessee, and Texas. In the past, he served as a municipal attorney and a Contracts professor at the Birmingham School of Law. Mr. Maples is a member of the Alabama Association for Justice. He is also active in both the Bessemer and Birmingham Bar Associations. He grew up in Bessemer, where both sets of his grandparents settled, after emigrating from Sicily in the early 1900s. His grandparents became an established Bessemer family known for hard work, business entrepreneurship, and community leadership.

 

PettawayJudge Collins Pettaway, Jr., is a Fourth Judicial Circuit court judge. He is a former partner in the law firm of Chestnut, Sanders, Sanders & Pettaway, L.L.C. and owner of Attorney Collins Pettaway, Jr. L.L.C. He took office in January 2013 as the first African-American circuit court judge from Dallas County since the Reconstruction Era.

 



PowellWilliam Powell, with Powell & Denny, P.C. in Birmingham, graduated from the University of Alabama in 1989 and is a 1992 graduate of Cumberland School of Law. He was admitted to the Alabama State Bar in 1992 and to the Tennessee State Bar in 1994. He has also been admitted to the U.S District Court for the Northern District of Alabama and the United States Court of Appeals for the Eleventh Circuit. Mr. Powell's primary areas of focus have been in the field of Workers' Compensation, Social Security Disability, SSI and claims for Personal Injuries. He is past President of the Birmingham Bar's Workers' Compensation section, past President of the Alabama Association for Justice Workers' Compensation section, a member of the Alabama Workers' Compensation Organization (AWCO), a member in the National Organization of Social Security Representatives (NOSSCR), a member of the Alabama and Tennessee State Bar Associations, a member of the Birmingham Bar Association, a member of the Alabama Association for Justice, a member of the Alabama Civil Justice Foundation, a member of the Tom Robinson Society Workers' Compensation Group, and a member of the Alabama State Bar Workers' Compensation Section. He has been certified as an "Advocate" by the Association of Trial Lawyers of America.

 

WalstonJeannie Walston, with Starnes Davis Florie, LLP in Birmingham, practices in civil defense litigation, including defending federal Black Lung claims, workers' compensation litigation, defending mass toxic torts, mining matters, and personal injury defense at both trial and appellate levels. She is admitted to practice in all state and federal courts in Alabama as well as the Eleventh Circuit Court of Appeals and the United States Supreme Court. She has wide experience in representing mining and mineral companies with various issues, including mineral rights, contractual issues, environmental and toxic tort issues, employment and workers’ compensation matters. She also has significant experience in handling federal Black Lung claims. Ms. Walston was selected by her peers for inclusion in Best Lawyers in America®, 2010-2015 and was elected Secretary for the Workers' Compensation Section of the Birmingham Bar Association for 2014. She is listed in the Martindale-Hubbell's 2012 and 2013 "Women Leaders in the Law.” She was named to Birmingham's B-Metro Magazine's "Women Leaders of the Birmingham Bar" for 2015.


 

Full Agenda

EMPLOYER TRACK

8:30 a.m. to 9:30 a.m.: Drug and Alcohol Testing
Jeannie Walston
Starnes Davis Florie, LLP

  • Drug-free workplace certification
  • Substance abuse testing
  • Medical review officer




9:30 a.m. to 10:15 a.m.: Employee’s Responsibilities in Workers’ Comp Claims
Michael I. Fish
Fish Nelson & Holden, LLC

In this presentation, you will learn the many responsibilities that an employee has both before and after a workers’ compensation accident occurs. Some examples include being honest when providing a medical history at the time of employment, following safety procedures, wearing safety equipment, providing proper notice of an accident, submitting to a drug test, and cooperating in the investigation of a claim. You will also learn how an employee’s failure to do these things can turn into affirmative defenses for an employer should the claim eventually be prosecuted in court.

 

10:15 a.m. to 10:30 a.m.: MORNING BREAK



10:30 a.m. to 11:45 a.m.: Case Law Update
Bo Kirkpatrick
Carr Allison

Mr. Kirkpatrick will review workers’ compensation cases from the Alabama appellate courts.

  • Jurisdictional issues – when Alabama is considered proper jurisdiction for a workers’ comp claim/injury occurring out of state
  • New exceptions to the going and coming to work rule
  • The pratfalls of post judgment motions – Lawyer Beware!
  • New twists on medical care, MMI and payment of TTD
  • Further developments in the determination of whether or not the plaintiff's injury is in the course and scope of employment


11:45 a.m. to 1:00 p.m.: LUNCH (on your own)



1:00 p.m. to 2:00 p.m.: Medicare Set-Asides
Jennifer Baker
Carr Allison

  • Medicare's statutory and regulatory perspective on workers' comp
  • Medicare set-asides and how to use them
  • Calculating Medicare's interest in future medicals
  • Getting the MSA approved
  • Establishing and using a MSA account
  • Current issues and challenges

 


2:00 p.m. to 3:00 p.m.: Litigating Causation
Anthony Fox
Scott, Sullivan, Streetman & Fox, P.C.

  • Product liability
  • Toxic tort
  • Third-party injuries
  • Subrogation considerations
  • Recovery of liens



3:00 p.m. to 3:15 p.m.: AFTERNOON BREAK



3:15 p.m. to 4:15 p.m.: OSHA and Workplace Safety
Ryan G. Brake
Carr Allison

  • OSHA and workplace safety laws
  • What is a recordable injury?
  • Keeping the required records




4:15 p.m. to 5:15 p.m.: Return to Work Issues
Elizabeth Glasgow
Farmer Price Hornsby & Weatherford, LLP

  • Before Maximum Medical Improvement (MMI)
  • After MMI/duty to rehire
  • ADA implications



ATTORNEY TRACK

8:30 a.m. to 9:45 a.m.: Case Law Update
Donald B. (Bo) Kirkpatrick II
Carr Allison

Mr. Kirkpatrick will review workers’ compensation cases from the Alabama appellate courts.

  • Jurisdictional issues – when Alabama is considered proper jurisdiction for a workers’ comp claim/injury occurring out of state
  • New exceptions to the going and coming to work rule
  • The pratfalls of post judgment motions – Lawyer Beware!
  • New twists on medical care, MMI and payment of TTD
  • Further developments in the determination of whether or not the plaintiff's injury is in the course and scope of employment



9:45 a.m. to 10:30 a.m.: Medical Issues and Their Role in the Complex Workers' Compensation Claim
Sam Maples
Maples, Tucker & Jacobs, LLC

  • Psychiatric and mental injuries
  • Occupational stress claims
    • Establishing stress claims
    • Proving compensability
    • Benefits available for stress claims
    • Injury fund claims
  • Work-related aggravations of pre-existing conditions
  • Repetitive motion and related injuries
  • Vocational rehabilitation
    • Impact of injury upon the worker and "suitable gainful employment"
    • Effective tools for dealing with injured workers
    • Cost-effective rehabilitation
    • The role of physical therapy



10:30 a.m. to 10:45 a.m.: MORNING BREAK



10:45 a.m. to 11:45 a.m.: Evolving Issues in Workers’ Comp Today
William Powell
Powell & Denny, P.C.

  • Social Media and Discovery: Arguably, social media has changed the way people across the globe interact with others more than anything since the invention of the air conditioner (at least in the South). More and more people routinely post private information on the web, information which could be used against them in certain circumstances. What is, and is not, discoverable in a world where privacy is disappearing?
  • The Rise (and Fall?) of Utilization Review: Ten years ago utilization review was a phrase that most workers’ compensation attorneys did not hear much, and honestly was not fully understood. Two to three years ago the use (and abuse) of Utilization Review was rampant, but has an apex been reached and will we see UR used only in rare circumstances?


11:45 a.m. to 1:00 p.m.: LUNCH (on your own)



1:00 p.m. to 2:00 p.m.: Ethical Dilemmas in Workers’ Comp Cases
Joshua G. Holden
Fish Nelson & Holden, LLC

Mr. Holden will cover some of the common ethical pitfalls that all lawyers have to deal with in their day-to-day practice with a focus on ethical dilemmas that come up more commonly in workers’ compensation cases.



2:00 p.m. to 3:00 p.m.: Medicare Set-Asides
Jennifer Baker
Carr Allison

  • Medicare's statutory and regulatory perspective on workers' comp
  • Medicare set-asides and how to use them
  • Calculating Medicare's interest in future medicals
  • Getting the MSA approved
  • Establishing and using a MSA account
  • Current issues and challenges



3:00 p.m. to 3:15 p.m.: AFTERNOON BREAK



3:15 p.m. to 4:15 p.m.: Case Presentation Tips
Judge Collins Pettaway, Jr.
Fourth Judicial Circuit court judge

  • Keep
  • It
  • Simple
  • Students



4:15 p.m. to 5:15 p.m.: Litigation Techniques for the Difficult Workers’ Compensation Case
Lawrence King
King Simmons, P.C.

  • Preparation of the injured employee's case
  • Preparation of the employer's case
  • Presenting evidence in the workers' compensation case
  • Settlement strategies
  • ADA and the injured worker
  • Family and Medical Leave Act
 
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