Menu
     MCLE Network
blank
blank
blank

blank2

Virtual Work Comp Defense Conference
December 2-3, 2022


Agenda


Please note: MCLE credit is being applied for but has not yet been approved. Any reference to MCLE's is for informational purposes only and referes to what has been or will be applied for. All infromation is tentative and subject to Bar approval. Once approved, this message will be removed or changed.

Logging into Zoom for the sessions
If you are registered for the conference, you should have gotten an email on 12/1/22 from "mclenetwork@gmail.com" with the subject "Work Comp Conference Login Info". If you haven't seen this, please check your spam folders and, if you still can't find it, please email us right away. This email has your conference login code (password) that will allow you to enter the sessions. Under each session below, you will see a "Zoom Login" link. This link is specific to that session and will allow you to login upto 15 min before the session. At that time, you will be placed in a Zoom Waiting Room until the session starts. If you have any trouble during the sessions, please text us at 925-519-4181.


Friday, December 2, 2022


blank blank
8:00 AM - 8:15 AM
Welcome, "Sign-in" and Housekeeping
Presented by: MCLE Networks

8:15 AM - 9:45 AM
How to Navigate California's Interactive Process and Reasonable Accommodations
Presented by: Mitra Karimi
Zoom Login: Click Here to View This Sesison
Session Handout: Click Here to Download Session Handouts

Session Description: How can employers avoid claims of violations of the California Fair Employment and Houseing Act and the Americans with Disability Act by proactively engaging in communication with their employees.

This session will discuss requirements of the California Fair Employment and Housing Act and the Americans with Disability Act and how employers can avoid claims by engaging in timely, ineractive, and good-faith documented discussions with their employees.


9:45 - 10:00 AM

Break

10:00 AM - 11:00 AM
The See’s Candies case and “Take Home” COVID lawsuits
Presented by: Tom Richard
Zoom Login: Click Here to View This Sesison
Session Handout: Click Here to Download Session Handouts
Click Here to Download Citations

Session Description: Are California employers at risk for “take-home COVID” lawsuits from family members and housemates every time an employee goes home sick? The issue is now pending at the California Supreme Court and the US 9th Circuit Court of Appeal. We will address these cases and give you the latest on “take-home COVID” exposure to California employers.


11:00 AM - 12:00 PM
Update on 2022 Workers’ Comp Legislation
Presented by: Tom Richard
Zoom Login: Click Here to View This Sesison
Session Handout: Click Here to Download Session Handouts

Session Description: Reduced time to accept/deny first responder (police and firefighter) claims, an extension of the COVID presumptions, treatment by LCSWs, bill review changes, a study of premium-shifting tactics and other topics included in the 2022 Worker’s Comp bills that were signed into law will all be explored in this program


12:00 - 2:15 PM

Lunch


2:15 - 3:15 PM
Permanent Total Disability Claims: Common Mistakes to Avoid
Presented by: Hon. Eric Ledger, WCAB
Zoom Login: Click Here to View This Sesison
Session Handout: Click Here to Download Session Handouts

Session Description: This session will cover some of the most commonly seen mistakes, from the perspectice of the judge, by lititgants in permanent total disability claims. We'll start by clearly defining the standard of proof for such cases and reviewing recent DCA and Appeals Board decisions. Next, we'll discuss recent decisions on apportionment of permanent total disability with tips for both sides to litigate this issue properly.


3:15 - 3:30 PM

Break


3:30 - 4:30 PM
Dermatologic Rating Dilemmas and Diagnostic Testing in Worker's Compensation Cases
Presented by: Michael Lin, MD
Zoom Login: Click Here to View This Sesison
Session Handout: Click Here to Download Session Handouts

Session Description: Dermatologic conditions are surprising common among workers. It is sometimes difficult to determine if they are work-related or not. Diagnostic studies such as patch testing, biopsies, cultures, and vascular studies are necessary to determine causation. Skin conditions are often difficult to assess because the conditions wax and wane due to internal factors such as stress and hormone changes and external factors, such as sun exposure, heat, chemical exposure, and trauma. Issues such as maximum medical improvement, impairment, permanent disability, temporary disability, and future medical treatment require a careful history and physical examination, as well as meticulous review of medical records. Skin conditions are also challenging to treat because they often come and go and many be multi-factorial. Long term follow-up with consistent evaluation, management, and treatment is indicated with many conditions.



Saturday, December 3, 2022


blank blank
9:00 AM - 12:00 PM

Defeating Kite and the AMA Guides Chamber of Horrors: All the Free Briefs, Dr. Depo Questions, and Lists of Experts You Need
Presented by: Phil Walker
Zoom Login: Click Here to View This Sesison
Session Handout: This session has multiple handout (links below). When you download them, they large PDF documents that are numbered 1-5. The last (#6) handout is a Word document that will allow you to cut and paste the informaiton - Phil will cover this in his presentation. While handouts 1-5 (the PDF documents) may open in your browser or may download, depending on your browser settings, the Word document will most likely only offer you the option to download it. Please pay attention to the pop-up screen that will ask where you would like to save the document. The download link is also the exact name of the Word file so, if you don't know where you saved it, you can search for the name of the document.
Phil Walker Handouts #1
Phil Walker Handouts #2
Phil Walker Handouts #3
Phil Walker Handouts #4
Phil Walker Handouts #5
Kite_Trial_Brief_Cut_and_Paste.docx

Session Description: Become a hero to you clients, partners, and peers.

300 lawyers and claims examiners have already raved about this training, many saying it is the best they have ever attended. From the most popular AMA Guides trainer in California and author of The AMA Guides Made Simple, Master Yoda Phil Walker, you will learn all you need to become AMA Jedi while laughing your head off and thinking, "He's saying exactly what I think!"

Learn how to defeat Kite and the AMA Chamber of Horrors: spinal conversion chart, Almaraz-Guzman, left ventricular hypertrophy, rating when not mmi, and more. In addition, you get free cut-and-paste briefs, outlines of dr. questions for depos, step-by-step strategies on how to win, and lists of experts for winning reports.

This Session will Include:

  1. Cut and paste MOTIONS TO STRIKE/TRIAL BRIEFS with all legal authorities for:
    1. Defeating Kite and DOUBLE KITE (THE LATEST NIGHTMARE FROM DOCTORS!)
    2. Defeating Almaraz-Guzman III
    3. Defeating the following Bogus Ratings/Frauds Used By Calif. Doctors which are NOT in the AMA Guides, and, therefore, Not Substantial Medical Evidence
      • Using Abdominal Hernia Chart to Rate Lumbar Spine (no abdominal hernia present)
      • Spinal Conversion Chart (only used in the work comp systems of Vermont and New Hampshire)
      • Rating when Applicant is not at maximum medical improvement (very common)
      • Strength and Grip Strength (Cannot be used in presence of pain or loss of motion)
      • Upper GI and Non-Steroidal Anti-Inflammatories (change to tylenol: must have significant weight loss - almost never happens in work comp)
      • Lower GI (must have significant weight loss)
      • Left Ventricular Hypertrophy (90% of patients recover with treatment and have no left ventricular hypertrophy - no doctor ever admits this - you get all the medical literature studies to rip the doctor to shreds!)
    4. Motion to strike incorrect AMA Guides Rating as not substantial medical opinion
    5. Motion to strike Doctor Repot as not supported by medical literature/science
  2. Doctor depo outlines on each issue above with questions
  3. List of Experts
    • Experts from whom you can get reports on each of the issues above
  4. Sample expert witness reports on each issue above


12:00 - 1:00 PM

Lunch Break


1:00 - 2:00 PM
Substance Abuse in the Legal Profession
Presented by: David Mann, The Other Bar
Zoom Login: Click Here to View This Sesison
Session Handout: Click Here to Download Session Handouts

Session Description: In this presentation, Mr. Mann provides a review of the brain chemistry of addiction and alcoholism, as well as a discussion of the behavioral and health consequences of the disease. Insights are offered into the personality traits of attorneys and the qualities of the legal profession that combine to make lawyers significantly more susceptible to addiction, and more difficult to treat, than the general population. The presentation includes a case study of an addict attorney, as well as a self-diagnosis exercise for attorneys to utilize if they are concerned that they may have a problem which needs to be addressed. Concluding remarks are directed towards both systemic and individual solutions to the problem, with references to specific strategies and resources available to attorneys. Mr. Mann approaches this very serious topic in a manner that incorporates humor and irony and invites attorneys to engage in a bit of sometimes much-needed self reflection.


2:00 - 2:15 PM

Break

2:15 - 3:45 PM
Case Law Update
Presented by: Michael Gianchino, Hanna Brophy
Zoom Login: Click Here to View This Sesison
Session Handout: Click Here to Download Session Handouts

Session Description: An interactive update on the most recent cases affecting Workers' Comp.



Please Read


blank blank
MCLE and/or LSCLE Credit
This is a working agenda and all session titles, times, presenters, descriptions and MCLE are subject to change. An application requesting MCLE credit for this activity is pending approval by the State Bar of California or will be filed upon compeation of the event. Until approved by the State Bar of California, all references to MCLE and/or LSCLE credit is based on what we are filing and until approved by the State Bar can not be confirmed.


blank
blank blank
blank

MCLE Network

Contact Us

Quick Links

Upcoming Events

blank
blank
blank