Workers’ Comp Conference for Alabama Attorneys
Coming to Birmingham on Friday, September 28, 2018
The annual Alabama Workers' Comp Conference provides essential updates, guidance, and advice for Alabama attorneys, employers, HR professionals, TPAs, insurers, consultants and others who need the latest and most accurate information. When you attend, you'll connect with judges from the Workers’ Compensation Appeals Board and the Court of Workers’ Compensation Claims, leading workers’ comp attorneys, representatives from the Bureau of Workers’ Compensation, and other key players.
Charley Drummond, Fish Nelson & Holden LLC, Birmingham
J. Douglas (Doug) Fields, Fields Law Firm, Birmingham
Ronald W. Flowers, Jr., Burr & Forman, LLP, Birmingham
Honorable David A. Kimberley, 16th Judicial Circuit Court, Etowah County
Lawrence T. King, King Simmons, P.C., Birmingham
Donald B. (Bo) Kirkpatrick, II, Carr Allison, Birmingham
Donald Harrison, Alabama Department of Labor, Birmingham
Top Reasons to Attend:
- Judicial perspective. Faculty includes David A. Kimberley, a Circuit Court Judge with the 16th Judicial Circuit Court.
- Insider's perspective. Attendees heard from Don Harrison from the Alabama Department of Labor.
- Balance. Attendees heard from both plaintiffs' and defense attorneys.
- Valuable update. A top authority, Bo Kirkpatrick, will update attendees on recent case law developments in workers' compensation, including the latest on the constitutionality of the Workers' Compensation Act.
- Return to work issues. Attendees will learn about return to work issues, such as ADA/EEO implications.
- Defending a claim. A leading defense attorney will give a roadmap for defending a case, covering discovery, pleadings, resolution without trial, and the trial itself.
- Related suits. Attendees will receive an overview of other types of suits that can arise out of the employee-employer relationship, such as a retaliatory discharge action or a suit arising from the use of dangerous products.
- Settlement. Attendees will get the latest on lump sum settlements, Social Security offsets, and the employer's prosecution of third party claims.
Your Distinguished Faculty
Charley M. Drummond is an attorney at the Birmingham insurance defense firm of Fish Nelson & Holden, LLC. Before joining the firm, he was the managing partner of a small civil litigation firm where he tried a variety of cases before both state and federal courts. Mr. Drummond is a member of the Alabama Workers’ Compensation Organization (AWCO), the Alabama Workers’ Compensation Defense Lawyers Association, the Alabama Defense Lawyers’ Association, the West Alabama Workers’ Compensation Association, and the Alabama Self-Insurers Association. He currently serves as the Vice President of the Birmingham Bar Association Workers’ Compensation Section, and he is also active in the American Bar Association’s Tort Trial and Insurance Practice Section, where he has served in various leadership roles on the national level with the Workers’ Compensation and Employer’s Liability Committee. Mr. Drummond has tried numerous cases before the Alabama circuit courts, and has argued cases before the Alabama Court of Appeals and the Supreme Court of Alabama. He also has a passion for teaching; In addition to being an adjunct professor of Alabama workers’ compensation law at Birmingham School of Law, he frequently speaks at conferences and seminars for other attorneys, judges, insurance adjusters, and employer representatives.
|Doug Fields was born in Johnson City, Tennessee, Doug began his legal career as an advocate for victims of injury and disability. For over 29 years, he has tirelessly worked to provide compassionate care for people from all walks of life who have struggled with obtaining the help they needed for themselves and their family due to injury and disability. He created Fields Law Firm to offer a different approach to serving clients – focusing on warmth, compassion, and care and connecting with clients as people, not cases. While being admitted to practice law in Alabama state courts and all of the United States District Courts in Alabama, Doug is an active member of a number of professional organizations, including the Alabama State Bar and American Bar Association. He is a frequent lecturer in Continuing Legal Education courses, teaches classes in his areas of practice, has contributed to and been featured in various articles and publications, and has appeared on LawCall, a live call-in show broadcasted on Alabama Public Television as a service to many Alabamians with legal questions who may not otherwise have access to an attorney.|
Ronald W. Flowers Jr., is a partner in the labor and employment section of the law firm of Burr & Forman, LLP. In his practice, he represents management in all aspects of labor and employment law, including representing clients in class and individual plaintiff litigation before federal and state courts, in arbitration, and before administrative tribunals. Mr. Flowers regularly advises and represents clients regarding issues under the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964, Title I and III of the Americans with Disabilities Act, the National Labor Relations Act, the Family and Medical Leave Act, the WARN Act, the Age Discrimination in Employment Act, USERRA, and various other federal and state statutes and regulations. He represents employers in investigations by and in litigation against OSHA, the NLRB, and the Wage and Hour Division of the Department of Labor. Mr. Flowers advises companies undergoing union campaigns and dealing with union representatives. During recent years, he has defended employers in countless collective and individual FLSA overtime cases. He is past Chairman of the Labor and Employment Law sections of the Alabama State Bar and the American Bar Association; and is admitted to practice before the Northern, Middle, and Southern districts of Alabama; and the Eleventh Circuit Court of Appeals. Mr. Flowers earned his B.S. degree from the University of Virginia and his J.D. degree from Duke University School of Law.
David A. Kimberley is a Circuit Court Judge with the 16th Judicial Circuit Court in Etowah County. His 21 year trial practice involved a wide range of issues. He was selected to be listed in both Who’s Who in American Law and the Best Lawyers in America. He taught trial strategies to lawyers in seminars around the country, published several legal journal articles, and was a contributor to the law treatise, Alabama Tort Law. Judge Kimberley was elected Circuit Judge in November 2006 and has been in Alabama’s 16th Judicial Circuit since January 2007. He has since been appointed by the Alabama Supreme Court to the Interstate Compact Committee for Adult Supervision, the Alabama Pattern Criminal Jury Instruction Committee, and is the Circuit Judge appointment to the Alabama Law Institute and the Judicial Inquiry Commission. He also serves on the Alabama Sentencing Standards Committee, and has been on several statutory drafting and revision committees.
Lawrence T. King is a founder of King Simmons, P.C., in Birmingham. His practice focuses on workers’ compensation. He was admitted to the Alabama and Georgia Bars (1988), and to the Florida Bar (1989). He is admitted to all state and federal trial courts in Alabama; all state trial and appellate courts in Georgia and to the U.S. District Court for the Middle District of Georgia; all state trial and appellate courts in Florida and to the U.S. District Court for the Middle and Southern Districts of Florida; and to the United States Court of Appeals for Eleventh Circuit. He graduated from Florida State University (B.A., English-Business Administration, 1984), after being admitted on a National Merit Scholarship, and from the Cumberland School of Law at Samford University (J.D. 1988). 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 secured several 7-figure jury verdicts in retaliatory discharge cases totaling millions of dollars throughout Alabama, including record verdicts for that type case in at least 4 counties.
Donald 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.
Donald 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 Inspections Divisions.
Friday, September 28, 2018
Case Law Update
8:30 a.m. to 9:30 a.m.
Donald B. (Bo) Kirkpatrick, II
- Recent developments in the definition of a “special employer” under the Workers’ Compensation Act of Alabama
- Recent developments in Alabama courts asserting jurisdiction over workers’ compensation claims in Alabama, as well as new decisions on venue issues
- Recent developments with regard to the standard for medical causation in workers’ compensation cases in Alabama
- The constitutionality of the Alabama Workers’ Compensation Act
Defending a Workers’ Comp Action or Social Security Offsets in Workers’ Compensation
9:30 a.m. to 10:30 a.m.
Fish Nelson & Holden, LLC
- Discovery: What kind of discovery to conduct and how to get the most out of the discovery process
○ Informal discovery
○ Written discovery
○ Subpoenas, depositions, and other discovery
- Pleadings and motions: Narrowing the issues through pleadings and motions
○ Answers and defenses
○ Dispositive motions
○ Protective orders
○ Responding to motions to compel and other motions
- Resolution without trial
○ Informal settlement negotiations
- Trial and trial preparation
○ What to expect at trial
○ Getting the evidence you need
○ Getting the evidence you have admitted at trial
10:30 a.m. to 10:45 a.m.
LGBT/Sexual Orientation Discrimination: Navigating the Changing Legal Landscape
10:45 a.m. to 11:45 a.m.
Ronald W. Flowers, Jr.
Burr Forman, LLP
- Title VII and the EEOC: Does it Apply?
- Agency Positions
- Clarifying Transgender Employee Issues
- Workplace Policy Essentials
LUNCH (on your own)
11:45 p.m. to 1:00p.m.
Workers’ Comp Ethics
1:00 p.m. to 2:00 p.m.
Honorable David A. Kimberley
16th Judicial Circuit Court
- Rules of Professional Conduct
- Contacts with Parties, Doctors and Rehabilitation Personnel
- Attorney's Fees
- Lawyer Liability
Fired in Retaliation for Claiming Workers’ Compensation Benefits in Alabama
2:00 p.m. to 3:00 p.m.
Lawrence T. King
King Simmons, P.C.
- Proving retaliation
- Litigation techniques
3:00 p.m. to 3:15 p.m.
Alabama Department of Labor Update
3:15 p.m. to 4:15 p.m.
Donald M. (Don) Harrison, III
Alabama Department of Labor
- Updates from the Department of Labor
- Ombudsman/mediation process
Other Cases Arising Out of the Employment Relationship
4:15 p.m. to 5:15 p.m.
J. Douglas Fields, Jr.
Fields Law Firm, LLC
- Retaliatory discharge and other wrongful terminations
- Co-employee cases
- Third-party liability
- Dangerous products and safety in the workplace
- Employer’s right of subrogation
WHEN: Friday, September 28, 2018
WHERE: Birmingham Marriott
3590 Grandview Pkwy
Birmingham, AL 35243
- $337 Full Program
- $257 Additional Attendees
- $147 Materials Only
7 hours of CLE (6 hours of GENERAL and 1 hour of ETHICS)
To sponsor this event, please contact Olivia Al-Sadi at OAl-Sadi@blr.com.