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2016 Alabama Workers' Comp Conference - Materials Only

2016 Alabama Workers' Comp Conference - Materials Only

Product Code: T16ALWM

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$147.00
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2016 Alabama Workers' Comp Conference - Materials Only

Held at the Birmingham Marriott on Friday, September 30, 2016

Order your materials form this one-day satisfaction-guaranteed event and enhance your professional skill set.

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

Employers learned: 

  • How the ADA, the FMLA, and workers’ compensation overlap, how to transition between benefits, and how to keep good records 
  • Drug and alcohol testing in the workplace 
  • How to use social media to your advantage 
  • Complying with OSHA and other workplace safety issues 
  • Determining whether an injury is within the scope of employment 


Attorneys learned: 

  • Differences when evaluating an injury under workers’ compensation, the ADA, and the FMLA 
  • Current issues and challenges with Medicare set-asides 
  • How to negotiate medical and third party claims 
  • Review of the Department of Labor’s ombudsmen/mediation process 
  • Ethical obligations when dealing with third party administrators 


Each track reviewed the latest cases from the Alabama Supreme Court and the Court of Civil Appeals. 

  • A look into the treatment of an employer’s petition when the trial court order was interlocutory rather than a final judgment 
  • The latest on reinstating temporary total disability benefits and “back pay” 
  • A review of the exclusive-remedy provisions of the Workers’ Compensation Act 


Speakers: 

  • Karen Berhow, Porter Porter & Hassinger, PC 
  • Whitney Brown, Lehr Middlebrooks Vreeland & Thompson, P.C. 
  • Carin Burford, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
  • Marcus Chatterton, Balch & Bingham, LLC 
  • John Civils, Huie, Fernambucq & Stewart, LLP 
  • Amanda Cutshall, Carr Allison 
  • Patricia Fraley, Alabama Department of Labor 
  • Donald M. (Don) Harrison, III, Alabama Department of Labor 
  • Donald B. (Bo) Kirkpatrick, II, Carr Allison 
  • Timothy McFalls, Hodges Trial Lawyers, P.C.
  • James N. Nolan, Constangy, Brooks, Smith & Prophete LLP
  • Ted Roose, Alabama Department of Labor 
  • Jessica Silinsky, Carr Allison 


Who attended? 

  • 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 how to determine if an injury is within the scope of employment. 
  • Practical information. Employers got practical information on drug and alcohol testing and workplace safety. 
  • Social media. Employers learned what is, and is not, discoverable in a world where privacy is disappearing. 
  • Settlement. Attorneys got tips on the settlement process. 
  • Medicare set-asides. Attorneys learned about Medicare set-asides and how to use them. 
  • Other employment laws. Speakers covered how workers’ compensation benefits overlap with the Family Medical Leave Act and the Americans with Disabilities Act. 
  • Update. Attendees received an update on the latest workers’ compensation decisions from the Alabama Supreme Court and the Court of Civil Appeals, as well as an update from the Alabama Department of Labor. 
  • Flexibility. Attendees had the choice to attend a track designed for attorneys or one designed for employers and others – or mixing the tracks to better serve their needs. 

Your Faculty


Karen BerhowKaren R. Berhow is an attorney with the law firm of Porter Porter & Hassinger, P.C., in Birmingham, where she practices in the areas of workers’ compensation defense litigation and personal injury defense litigation. She earned her B.A., magna cum laude, in English and political science and her J.D., cum laude, both from the University of Alabama. She is admitted to practice in the state of Alabama and the U.S. District Court, Northern and Middle districts of Alabama. She is a member of the Birmingham Bar Association (member, Medical Liaison Committee), the Alabama State Bar, and American Bar Association. 


Whitney BrownWhitney Brown, of Lehr Middlebrooks Vreeland & Thompson, P.C., in Birmingham, represents employers in a range of employment litigation, including harassment and discrimination cases, Family Medical Leave Act, and cases involving state law claims. Over the past few years, Ms. Brown’s practice has led her to manage the defenses of three multi-plaintiff race or national origin discrimination and retaliation cases. A significant focus of her litigation has been on health care facilities and restaurants. Ms. Brown enjoys helping these employers come up with solutions to the particular challenges they face. Ms. Brown also counsels and educates employers on all employment related topics and especially navigating employee health issues at the intersections of the FMLA, ADA, PDA, and attendance policies. She leads the firm’s Effective Supervisor® program on a regular basis and is also frequently invited to speak to clients, industry associations, and human resources groups about a variety of emerging trends in employment law. She was named a “Rising Star” in the 2013 and 2014 editions of the Alabama SuperLawyers Magazine and was also named a “Top Attorney” in Labor and Employment by the Birmingham Magazine in 2014. She has been a contributing editor to the Alabama sections of the State by State Survey Series on Employee Duty of Loyalty; Trade Secrets; and Covenants Not to Compete. She also regularly writes case law summaries for the Society for Human Resources Management (SHRM). 


Carin BurfordCarin Burford, with Ogletree, Deakins, Nash, Smoak & Stewart, P.C. in Birmingham, represents management in employment-related litigation concerning claims of discrimination, harassment, retaliation, unemployment compensation, wage and hour violations, and workers’ compensation. As part of her practice, she also regularly provides individualized and group training on issues such as employee discipline, harassment prevention and investigation, litigation avoidance, record retention, and workplace policies and procedures. Along with her time representing employers, Ms. Burford serves as a Hearing Officer for the Personnel Board of Jefferson County. In this role, she serves as a quasi-arbitrator hearing cases and recommending action with respect to employee disciplinary appeals for the largest county employer in Alabama. In addition to her time spent as a frequent lecturer to industry groups, human resources professionals, and safety personnel, Ms. Burford also serves as an Adjunct Professor at the University of Alabama School of Law where she has taught Workers’ Compensation since 2007.


Marcus ChattertonMarcus Chatterton is an attorney in the litigation section of Balch & Bingham LLP’s Birmingham office. He is also active in the firm’s business litigation practice group as well as the products liability and casualty litigation practice group. Mr. Chatterton’s practice focuses on intellectual property disputes and cases involving damage to and ownership of real property. He presently serves the American Bar Association as co-chair of the Title Insurance Subcommittee in the Section of Litigation. Mr. Chatterton earned his B.S. from Auburn University and his J.D., magna cum laude, from the University of Alabama School of Law. He is admitted to practice in Alabama and the U.S. District Court, Northern, Middle, and Southern districts of Alabama. 


John CivilsJohn Civils is a partner in the Birmingham law firm of Huie, Fernambucq & Stewart, LLP, practicing workers’ compensation law. Mr. Civils earned his B.A. from Vanderbilt University, where he was the president of the student body; and his J.D. from the University of Alabama School of Law. He is a member of the American Bar Association, the Alabama State Bar and the Birmingham Bar Association. Mr. Civils served as an adjunct professor at Cumberland Law School, teaching workers’ compensation from 1998 through 2000. He is a member of the Workers’ Compensation Section of the Alabama State Bar. Mr. Civils is a former vice-president of the Board of Directors of Birmingham Area Legal Services. He also is a mediator, registered in the Alabama State Court Mediation Roster and is a civil appellate mediator. Mr. Civils is an AV preeminent rated lawyer and is listed in Best Lawyers in America® – workers’ compensation (1992 to present), Alabama Super Lawyers (workers’ compensation, 2009-2012), and Top Attorneys in Birmingham Magazine (workers’ compensation, 2006-2012; and mediation, 2012). 


Amanda CutshallAmanda Cutshall is a shareholder in the Birmingham office of Carr Allison, where her practice is devoted to labor and employment, liability matters, litigation, and workers’ compensation. She is admitted to practice before the U.S. District Court, Northern, Southern and Middle districts of Alabama. She was a junior editor of The Law and Psychology Review. Ms. Cutshall is an annual speaker on legal panels at Birmingham Southern College, and she speaks on workers’ compensation law at ASIA Conferences and for the National Business Institute. She is a member of the Birmingham Bar Association, the Alabama Defense Lawyers Association, the Defense Research Institute, and the Alabama Self-Insurers Association. Ms. Cutshall earned her B.A. from Birmingham-Southern College and her J.D. from the University of Alabama School of Law. 


Patricia Fraley is a representative from the Alabama Department of Labor. 


Don HarrisonDonald M. (Don) Harrison, III, is Deputy General Counsel with the Alabama Department of Labor. He represents and advises the various divisions of the Department, including the Workers’ Compensation, Unemployment, and Mining and Reclamation Divisions. 




Bo KirkpatrickDonald B. (Bo) Kirkpatrick is a senior shareholder and a founding member of Carr Allison in Birmingham. His practice focuses primarily on workers’ compensation and related litigation, including retaliatory discharge and other employment matters. He advises self-insured clients, third party administrators and insurance carriers with respect to workers’ compensation issues. He has handled litigation statewide for Fortune 500 Companies and has extensive trial experience throughout the state of Alabama. He has 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. Mr. Kirkpatrick is one of only two attorneys from the State of Alabama who speaks regularly at the bi-annual Judicial College, put on for Alabama judges. He lectures at seminars nationwide on current issues and recent developments in workers’ compensation law. He served on the 10th Judicial Circuit of Alabama’s Workers’ Compensation and HIPAA Committees after being appointed by former Presiding Judge Scott Vowell. He has achieved a peer review AV rating through Martindale-Hubbell and has been selected to the Alabama Super Lawyers® list since 2008 as well as Best Lawyers in America® since 2012. 


Timothy McFallsTimothy McFalls is an attorney with Hodges Trial Lawyers, P.C., in Huntsville. His practice areas include personal injury, social security, and workers’ compensation. He is admitted to practice in the state of Alabama and the Northern District of Alabama. He received his B.S. in Industrial & Systems Engineering from Auburn University in 2006. He received his J.D. from the University of Alabama in 2009. While in law school, he worked with the Alabama Civil Clinic. He has also taken cases from the Madison County Volunteer Lawyers Program. 


James NolanJames N. Nolan, with Constangy, Brooks, Smith & Prophete LLP in Birmingham, ,has thirty years experience representing employers in all phases of the employment relationship including collective bargaining, union avoidance, arbitration of employment disputes, claims of discrimination and wrongful termination, wage and hour compliance and workers’ compensation. He has represented clients engaged in diverse industries such as steel, coal, equipment manufacturing, telecommunications, healthcare and financial services. He has been listed in The Best Lawyers in America for more than ten years.


Ted RooseTed Roose is an Ombudsman for the State of Alabama, Workers’ Compensation Division of the Department of Labor. He has over 40 years of experience in claims, working for insurance carriers and third party administrators in Alabama, Florida and Tennessee. In addition, he was claims manager for a restaurant company with 260 restaurants in 11 states. Mr. Roose has been active in claims organizations, having served as President of the Alabama Workers’ Compensation Claims Association, Mid-South Workers’ Compensation Association, and the Alabama Workers’ Compensation Organization. 


Jessica SilinskyJessica Silinsky, is a shareholder with the Medicare Compliance Group of Carr Allison in Birmingham. For the past seven years, her practice has been focused exclusively on Medicare Compliance. Ms. Silinsky assists clients across the nation in complying with the Medicare Secondary Payer Act. She has authored numerous articles on this topic and frequently gives presentations regarding the same to insurers, employers, and attorneys. Ms. Silinsky received her B.S. from the University of Alabama and her J.D. from Cumberland School of Law, cum laude. 

Agenda - Attorney Track

The Settlement Process 
8:30 a.m. to 9:30 a.m. 
John Civils - Huie, Fernambucq & Stewart, LLP 

  • Pre-mediation preparation 
  • Evaluation of the case 
  • Negotiation and mediation techniques/breaking logjams 
  • Negotiation of medical and third party claims 
  • Appellate mediations 
  • Finalization of the settlement 


ADA, FMLA, and Workers’ Comp 
9:30 a.m. to 10:30 a.m. 
Carin Burford - Ogletree, Deakins, Nash, Smoak & Stewart, P.C. 

  • Differences in evaluating an injury under each of the statutes 
  • Responding to a workers’ compensation claim while avoiding potential FMLA and ADA pitfalls 
  • Handling leave simultaneously under each of the statutes 


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

Case Law Update 
10:45 a.m. to 12:00 p.m. 
Bo Kirkpatrick - Carr Allison 

  • A look into the treatment of an employer’s petition when the trial court order was interlocutory rather than a final judgment 
  • The latest on reinstating TTD benefits and “back pay” 
  • A review of the exclusive-remedy provisions of the Workers’ Compensation Act 


LUNCH (on your own) 
12:00 p.m. to 1:15 p.m. 

Alabama Department of Labor Update 
1:15 p.m. to 2:00 p.m. 
Don Harrison, Patricia Fraley, and Ted Roose - Alabama Department of Labor 

  • Updates from the DOL 
  • Ombudsmen/mediation process 


Medicare Set-Asides 
2:00 p.m. to 3:00 p.m. 
Jessica Silinsky - Carr Allison 

  • Medicare’s statutory and regulatory perspective on workers’ comp 
  • Medicare set-asides (MSAs) 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 


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

Hot Topics in Workers’ Compensation 
3:15 p.m. to 4:15 p.m. 
James N. Nolan - Constangy, Brooks, Smith & Prophete, LLP 

Mr. Nolan will discuss “hot button” issues facing today’s workers’ compensation attorney in Alabama. 

Ethical Obligations 
4:15 p.m. to 5:15 p.m. 
Karen R. Berhow - Porter Porter & Hassinger, LLC 

  • Rules of Professional Conduct 
  • Contacts with doctors and rehabilitation personnel 
  • Interaction between attorneys and third party administrators 
  • Attorney fees 
  • Lawyer liability 

Agenda - Employer Track

ADA, FMLA, and Workers’ Comp 
8:30 a.m. to 9:30 a.m. 
Whitney Brown - Lehr Middlebrooks Vreeland & Thompson, P.C. 

  • Overlapping benefits 
  • Transitioning between benefits 
  • Keeping good records 
  • Common pitfalls in eligibility verification 


Case Law Update 
9:30 a.m. to 10:45 a.m. 
Bo Kirkpatrick - Carr Allison 

Mr. Kirkpatrick will review workers’ compensation cases from Alabama’s appellate courts dealing with such issues as: 

  • A look into the treatment of an employer’s petition when the trial court order was interlocutory rather than a final judgment 
  • The latest on reinstating TTD benefits and “back pay” 
  • A review of the exclusive-remedy provisions of the Workers’ Compensation Act 

  
MORNING BREAK 
10:45 a.m. to 11:00 a.m. 

OSHA and Workplace Safety 
11:00 a.m. to 12:00 p.m. 
Carin Burford - Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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


LUNCH (on your own) 
12:00 p.m. to 1:15 p.m. 

Social Media Discovery 
1:15 p.m. to 2:15 p.m. 
Marcus Chatterton - Balch & Bingham, LLP 

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? This session will cover:

  • Using social media in employment decisions
  • Using social media in litigation
  • Access to the latest platforms and technologies 
  • Employee access to the employer’s social media
  • Navigating the “right to privacy”
  • Obligations to preserve social media 
  • Ownership of social media assets


Alabama Department of Labor Update 
2:15 p.m. to 3:00 p.m. 
Don Harrison, Patricia Fraley, and Ted Roose - Alabama Department of Labor 

  • Updates from the DOL 
  • Ombudsmen/mediation process 


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

Scope of Employment and Affirmative Defenses 
3:15 p.m. to 4:15 p.m. 
Amanda Cutshall - Carr Allison 

  • Going to and coming from work 
  • Exclusivity 
  • Misrepresentations on job application 


Drug and Alcohol Testing 
4:15 p.m. to 5:15 p.m. 
Timothy McFalls - Hodges Trial Lawyers, P.C. 

  • Intoxication of the injured employee 
  • Types of testing 
  • Refusal of alcohol/drug testing 
  • Drug-Free Workplace certification 
 
Our guarantee

Your 100% satisfaction is guaranteed. If for any reason you are not completely satisfied, simply let us know within 90 days, and we will issue you a complete refund.

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