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Fall 2020 Work Comp Defense Conference
AKA: The COVID Conference

Mandalay Bay Resort & Casino
October 16-17, 2020 • Las Vegas, NV

Conference Agenda
11.5 MCLE Hours Being Applied For

Please note: MCLE infromation is tentative and subject to Bar approval.


Friday, October 16, 2020


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6:30 AM Registration
Location: Tradewinds Foyer

7:00 AM Breakfast
Location: On own. Vouchers to be provided.

8:00 - 9:30 AM

blankVirtual Presentation
COVID, I Presume
Location: Tradewinds Ballroom
MCLE: 1.5 Hours Advanced Legal
Presented by: Zane P. Uribarri, Bradford & Barthel
Session Handout: Click Here to Download Handouts

Session Description: COVID, I Presume: Current Impact of COVID-19 on Workers' Compensation in California.


9:30 - 9:45 AM Networking & Cleaning Break

9:45 - 10:45 AM Deposing for the Doctor - Strategies for Success
Location: Tradewinds Ballroom
MCLE: 1 Hour Basic Legal
Presented by: Hector Benjumea, Benjumea & Associates & Dr. Peter Newton
Session Handout: Click Here to Download Handouts

Session Description: This session will focus on applicant deposition strategies in anticipation of the med-legal evaluation. An open discussion will take place with AME/PQME Dr. Newton to ascertain effective areas to explore during the applicant's deposition. In addition, different questioning strategies will be presented to achieve desired results.

Key Learning Objectives

  • Important areas to cover at the deposition
  • Importance of open-ended questions
  • Maximize the deposition time


10:45 - 11:00 AM Networking & Cleaning Break

11:00 - 12:00 PM From a Member of the DWC's QME Report Quality Committee: Why 90%/81% of California AME/PQME Reports Are Wrong under the Guides and How to Win in Getting Correct Ratings Under Blackledge
Location: Tradewinds Ballroom
MCLE: 1 Hour Mechanism and Rating of Permanent Disability / Advanced Legal
Presented by: Phil Walker
Session Handout:
Click Here to Download Handouts
Click Here to Download Handouts 2
Click Here to Download Handouts 3

Session Description: This session will explain to you why 90% of California AME reports, and 81% of California PQME reports are wrong under the Guides. 99% of those incorrect reports overrate impairment. Why is it that 42 other states using the Guides have a 90% accuracy rate from their doctors while California has a 10% accuracy rate for its doctors after 15 years of using the Guides. Learn why and the steps you can use to settle and win cases by getting correct ratings. You will get a "speed lesson" in correct ratings under the Guides and laugh uproariously while you learn. From one of California's most popular AMA trainers, Phil Walker.

"Speed Lesson" on the 6 rating methods in the Guides. Learn how to get correct ratings, take on incorrect doctors, and how to use correct ratings to settle and win cases.

Key Learning Objectives

  • Get Correct AMA Ratings
  • Use correct ratings to settle cases and win trials
  • Sample Trial Brief under Blackledge


12:00 - 1:30 PM Lunch On Own

1:30 - 2:30 PM Ethics Today
Location: Tradewinds Ballroom
MCLE: 1 Hour Ethics
Presented by: Daniel Harrison Hunt, Esq.
Session Handout:
Click Here to Download PowerPoint
Click Here to Download Handouts
Click Here to Download Rule_1-7-Exec_Summary-Redline.pdf
Click Here to Download Rule_1-13-Exec_Summary-Redline.pdf

Session Description: Ethics, rule changes in 2018, online forums and confidentiality for remote agenda items.

Key Learning Objectives

  • Discuss the new rules of Ethics effective November 1, 2018
  • Compare and Contrast those rules to the prior version and the ABA RULES
  • Discuss situations in Workers' Compensation and how those rules may apply


2:30 - 2:45 PM Networking & Cleaning Break

2:45 - 3:45 PM Winning Against AMA Guides Idiocy: Overcoming Kite, Beating the Abdominal Hernia Chart, and Wiping Out Use of the Spinal Conversion Chart
Location: Tradewinds Ballroom
MCLE: 1 Hour Mechanism and Rating of Permanent Disability / Advanced Legal
Presented by: Phil Walker
Session Handout:
Click Here to Download Handouts 1
Click Here to Download Handouts 2
Click Here to Download Handouts 3

Session Description: This session will give you the tools you need to wipe out totally incorrect theories and "abuses" of the Guides by judges and doctors, including deposition outlines and all necessary references and expert resources. Your mouth will hang open when you discover why various charts are in the Guides, how those charts are to be used, and why the bogus "theories" created by California doctors and judges are completely fabricated with no basis. Learn how to end those fabrications and use that knowledge to settle and win cases.

Why do judges and doctors create and apply "theories" of the Guides which are COMPLETELY WRONG? Because they know nothing about the history and creation of the Guides, and they want to circumvent the Guides to illegally increase impairment and permanent disability. How to beat them? With knowledge on the history and creation of the Guides, understanding of how specific tables and charts came into the Guides, and the NECESSARY TOOLS AND REFERENCES to use to "gut" these nonsense theories through expert reports, depositions, and legal arguments. This session will give you all of that in a fact-filled fast hour with the references, resource lists, and sample briefs. Learn from someone who has actually participated in reviewing the drafts of an edition of the Guides before it was published.

Key Learning Objectives

  • Overcome Kite
  • Defeat use of abdominal hernia chart
  • Defeat use of Spinal Conversion Chart


3:45 - 4:15 PM Afternoon Break

4:15 - 5:45 PM Substance Abuse in the Legal Profession
Location: Tradewinds Ballroom
MCLE: 1.5 Hours Competence (Substance Abuse)
Presented by: David Mann, The Other Bar
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.


5:45 PM Free Evening


Saturday, October 17, 2020


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7:30 AM Registration
Location: Tradewinds Foyer

7:30 AM Breakfast
Location: On own. Vouchers to be provided.

8:30 - 9:30 AM Alternative Dispute Resolution and Remote Zoom Mediations
Location: Tradewinds Ballroom
MCLE: 1 Hour Basic Legal
Presented by: Daniel Harrison Hunt, Esq.
Session Handout:
Click Here to Download Handouts Updated October 17 @ 7:00 AM
Click Here to Download PowerPoint

Session Description: There are many different types of alternative dispute resolution. The ADR process can be invoked at any time before, during or after litigation begins. I will discuss Mediation and Arbitration specifically and briefly touch on collaborative law. The discussion will analyze where these two methods of dispute resolution can be applied and the benefits to using them in the workers' compensation process. Discussion of California Evidence Code Section 1129 as it pertains to mediation, California's Mandatory Fee Arbitration Rules, ARB-MED and MED-ARB, required disclosures to clients regarding these processes as well as confidentiality and the place of neutrals of the process. Review how the process of arbitration and mediation works and review the technology associated with online arbitrations such as Zoom. Review California Labor Code 5275 and it's application to mandatory arbitration and elective arbitration and mediation as to all issues in under Labor Code Sections 50 and 3200.

Key Learning Objectives

  • Discuss the advantages of ADR, mediation and arbitration
  • Discuss Legal basis for arbitration and mediation in Workers' Compensation
  • Mock Zoom Mediation going over the platform and computer/internet technicalities associated with doing so


9:30 - 9:45 AM Networking & Cleaning Break

9:45 - 10:45 AM It's All in Your Head. Psychiatric Implications of Traumatic Brain Injury
Location: Tradewinds Ballroom
MCLE:
Presented by: Vladimir Bokarius, MD, PhD, QME
Session Handout: Click Here to Download Handouts
Session Cancelled: Please note that even though Dr. Bokarius arrived at the hotel and made it to the room for his session, he told us just before the session was to start that there were not enough live attendees and that he would not present to a mostly virtual audience. Regretably , there was nothing we could do but cancel this session. Further questions or comments about why this session was cancelled should be directed to Dr. Bokarius at: bokariusv@medlegalevaluators.com

Session Description: This session will focus on approach to identify, cure, relieve and rate the psychiatric effects of traumatic brain injuries. This session will start with the review of burden of TBI in workers’ compensation system. Psychiatric consequences of TBI will be outlined. Current diagnostic and treatment challenges will be discussed. Effective evaluation and treatment options will be presented and summarized. Rating considerations will be addressed.


10:45 - 11:00 AM Networking & Cleaning Break

11:00 - 12:00 PM Shutting Down Claims Using Social Media and the Records Retrieval Process
Location: Tradewinds Ballroom
MCLE: 1 Hour Basic Legal
Presented by: Diann Cohen, Macro-Pro, Inc. & Chris Champlin, C & W Claims Solutions
Session Handout: Click Here to Download Handouts

Session Description: During this session, you will learn: • How to use social media findings during depositions and recorded statements. Including what to say and how to say it • Secure records from Uncles Sam, Out of State and from other difficult facilities to determine the true value of a claim • Interesting Social Media case results • Case studies on how these findings were used to shut down a claim • Identify free discovery to advance your claim/case.


12:00 - 1:45 PM Lunch On Own

1:45 - 2:45 PM

blankVirtual Presentation
Cancer: Liabilities & Defenses - Know Your Client's Rights
Location: Tradewinds Ballroom
MCLE: 1 Hour Advanced Legal
Presented by: Don Barthal, Bradford and Barthel
Session Handout: Click Here to Download Handouts

Session Description: Cancer is a group of more than one hundred diseases. Each has its own risk factors and latency periods. Knowing the medicine and the law (particularly LC 4663 and LC 5500.5) is a must for all attorneys hoping to effectively represent their clients' interests.


2:45 - 3:15 PM Afternoon Break

3:15 - 4:45 PM California Workers' Compensation benefits and Public Safety Workers
Location: Tradewinds Ballroom
MCLE: 1.5 Hours Advanced Medical
Presented by: Stephen Roberts, Yrulegui & Roberts
Session Handout: Click Here to Download Handouts

Session Description: Public safety employees are entitled to different benefits and different considerations related to AOE/COE with certain medical conditions. We will discuss Labor Code Section 4850 benefits; who gets them and when do they start and stop. Certain public safety employees are also entitle to a presumption that specific medical conditions are related to their work. We will look at the presumptions in Labor Code Section 3212, et. seq. and cover when they apply and if the presumptions can be overcome.

Key Learning Objectives

  • Labor Code Section 4850 eligibility
  • Labor Code Section 4850 conditions for start and stop of benefits
  • Public Safety Presumptions under Labor Code Section 3212, et. seq.


4:45 PM Conference Concludes - Thank you!


Please Read


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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 for 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.


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