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The Basics of Navigating a Workers Compensation Claim 2015 Basics of Workers Compensation

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The Basics of Navigating a

Workers’ Compensation Claim

2015 Basics of Workers’ Compensation

Program Summary and Highlights

Workplace accidents happenm but handling Workers’ Compensation claims in

North Carolina is anything but basic.

The changing nature of the work environment requires an understanding of the

rights of injured workers, their employers and their employers’ insurance carriers

under North Carolina law.

This CLE is intended to help North Carolina attorneys navigate through the

workers’ compensation process. It is ideal for those attorneys who are new to

the field, those who occasionally handle Workers’ Compensation claims and

those who regularly practice in the field but wish to get back to the basics.

Learn to identify issues in a new claim and discover how to negotiate

an effective settlement

Obtain knowledge of ethical considerations to be had in managing

support staff

Essential to everyone interested in successfully practicing in the area

of Workers’ Compensation

LIVE • LIVE WEBCAST • VIDEO REPLAYS

Thursday, November 5, 2015

NC Bar Center, Cary

VIDEO REPLAYS

Cary | NC Bar Center

Tuesday, January 19, 2016

Concord | Hilton Garden Inn

Tuesday, December 8, 2015

CLE CREDIT: 6.5 Hours

Including 1.0 Hour Ethics/

Professionalism

Qualifies for NC State Bar Workers’ Compensation Specialization Credit

www.ncbar.org/CLE

twitter

#NCBACLE

facebook

facebook.com/NCBAorg

The North Carolina Bar Association Foundation

is accredited by the North Carolina State Bar

as a provider of continuing legal education.

Planned by the NCBA

Workers’ Compensation Section

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The Basics of Navigating a Workers’ Compensation Claim

2015 Basics of Workers’ Compensation

#458WCP and #458LWC | Thursday, November 5, 2015

FOUR WAYS TO REGISTER

ONLINE*

www.ncbar.org/CLE

|

PHONE*

800.228.3402

|

FAX*

919.677.1774

MAIL**

|

Attn: Accounting, NCBA Foundation, P.O. Box 3688, Cary NC 27519

*Credit cards only. **Please make checks payable to the NCBA Foundation.

LIVE • WEBCAST TUITION • VIDEO REPLAY (VR)

| Select format and tuiton rate below.

REGISTRANT TYPE EARLY BIRD TUITION

Postmarked 7 days prior to live program date.

REGULAR TUITION Postmarked less than 6 days prior to live program date.

WEBCAST TUITION

NCBA Workers’ Compensation Section Member

$230

Live VR (see below) $285Live VR (see below) $310Webcast

NCBA Member $250 Live VR (see below) $305Live VR (see below) $330Webcast Non-member $305Live VR (see below) $360Live VR (see below) $385Webcast Full-time LANC

Attorney (NCBA member)

These categories do not qualify for Early Bird tuition.

$150

Live VR (see below) $175Webcast

1st Year Licensed in

NC (NCBA Member) $99Live VR (see below) $124Webcast

CLE Passport

Holder 6 TokensLive  VR (see below) 6 Tokens Webcast

Judge

(NCBA Member)

These categories do not qualify for Early Bird tuition or include any MCLE fees.

$25

Live VR (see below)

Choose from the applicable Webcast tuition options above. Clerk of Court

(NCBA Member) $25Live VR (see below) Law Professor

(NCBA Member) $25Live VR (see below) Law Student

Division Member $25Live VR (see below) Paralegal Student

Division Member $25Live VR (see below)

VIDEO REPLAY LOCATIONS

| Select your location. For details, see http://tinyurl.com/458WCP

Cary | Jan. 19, 2016, 9:00a | #458BAR

Concord | Dec. 8, 2015, 9:00a | #458CRD

REGISTRANT INFORMATION

| Please fill in the blanks.

Print Full Name:

Firm/Organization Name:

Address: City, State and ZIP:

Daytime Phone Number:

Email Address:

NC State Bar No. (Required for MCLE Credit):

PAYMENT

| Registration is processed only after payment is received. Please print clearly.

Enclosed is a check, payable to the NCBA Foundation. Please charge my credit card.

Card Number: Expiration Date:

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Thursday, November 5, 2015, 8:15a–4:45p

8:15a

Registration and Continental Breakfast

8:55

Welcome and Introductions

9:00

Administrative Procedures before the Industrial Commission

Meredith Henderson

• Rules regarding what to file where and how to file it

• The basics of medical motions and medical-related motions

• The basics of Form 23 and Form 24 Applications

9:45

Basic Tips for Handling a Workers’ Compensation Hearing

Chrystal Redding Stanback

• Relevant rules of the Industrial Commission

• Preparing for the hearing is the key!

• What to do and what not to do at the hearing

10:30

Break

10:45

Shop Talk: Building a Mediation from the Ground Up

Lynn Gullick

• The Preliminary Plans

• The Construction of the Mediation

• The Final Walk Through

11:15

A Case Walks in the Door—Then What?

Michael W. Bertics

and

Raymond J. Williams

• Assessing Immediate Issues/Why is this claim here?

• Moving the Claim Forward

• Posturing/Leveraging claim for settlement

12:00p

Networking Lunch (included at Live program only)

12:45

Panel Discussion–Ethical Considerations in Use of Support Staff*

Amy Gallimore, Ponchita L. Heggie

and

W. Mark Peck

(moderator)

• Understanding the Rules of Professional Responsibility

• Supervising support staff

• Delegating file tasks and corresponding with clients

1:45

To be an Accident or Not to be an Accident: That is the Question

Tracey L. Jones

• Definition of an injury by accident

• Did the accident arise out of and in the course and scope of the

employment?

• Specific Traumatic Incidents

• Pre-Existing Conditions

2:30

Break

2:45

Discovery

Jeri L. Whitfield

• Working out disputes with opposing counsel

• Determining when (and whether) to object

• Privileges and any other evidentiary considerations

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Program materials are

100

%

DIGITAL

Step-By-Step Download Instructions

1. Go to www.ncbar.org/cle

2. Click on “Your Course Materials” (on right-side navigation) .

3. Log in. (If you need help with your log in, call 800.228.3402.)

4. Click on the CLE program title.

5. Download and save.

3:30

Getting to Disbursement: Medicare, Medicaid and ERISA Liens

Julie L. Bell

• Who to contact

• When to contact them

• How to make sure you’re paying the correct amount

4:00

Occupational Disease Claims

M. Reid Acree Jr.

• Basic Law of Occupational Disease

• Proof of Occupational Diseases

• Proof of disability

• What’s New in Specific types of cases?

4:45

Adjourn

*Indicates portion providing Ethics/Professionalism credit

FINE PRINT • REGISTRATION Registrations are limited by space, and may include a live video broadcast

overflow room. TRANSFERS Registrants may transfer from a Live program, Video Replay, Webcast, Webinar

or Phone/Audio Streaming Program without penalty within three business days after the program date.

CANCELLATIONS Cancellations must be received by 9:00 a.m. the third business day prior to the program to

qualify for a refund (less $25 administrative fee). Those not attending will receive the digital program materials

in full consideration of tuition paid. MCLE CREDIT The North Carolina Bar Association Foundation is an

accredited CLE sponsor under the MCLE Regulations promulgated by the NC State Bar Board of Continuing Legal Education. This program is approved (but not sponsored) by the Board for the designated number of CLE hours. Each attorney must maintain a record of his/her attendance for the NC State Bar annual report. MCLE credit is reported by NCBA Foundation only if a NC State Bar number is provided. Your CLE tuition includes mandatory State Bar fees used to support the State Bar’s Mandatory Continuing Legal Education program, the Chief Justice’s Commission on Professionalism and the Chief Justice’s Equal Access to Justice Commission. Your tuition also includes digital access to all program materials. DIGITAL PROGRAM MATERIALS You will receive a notification email when digital materials are available to download. To retrieve digital materials, log in and select “My Course Materials” on the CLE website. All of the materials for this program will be available for download in advance of the program. A limited number of printed books will be available for purchase at the Live program. VIDEO REPLAYS To qualify for the Early Bird tuition, registration must be received one week prior to program date. NC State Bar rules require a minimum number of pre-registered active State Bar members. The NCBA Foundation reserves the right to cancel any video program prior to the program date if registrations do not meet the NC State Bar requirement. Some sites require additional

registration or evaluation forms. Visit http://tinyurl.com/458WCP to confirm video replay registration

and program start times. CLE credit hours at Video Replays are subject to change. Video replay program attendees may purchase the printed manuscript at cost. Due to printing and shipping lead times we are unable to accommodate requests for print materials made fewer than seven (7) days prior to any video replay program. INCLEMENT WEATHER We make every effort to notify registrants when a program is canceled or delayed due to weather. If inclement weather is forecast, please check your local news listings or contact event venue. NCBA programs will follow the work schedule of the hosting institutions, to include delayed openings. CLE SCHOLARSHIPS A limited number of scholarships are available to members in financial

need. Contact Membership Services at 1.800.662.7407 or email akemple@ncbar.org. EVENT SPONSOR

AND EXHIBITOROPPORTUNITIES Interested in meeting the attendees of this program? Become an

exhibitor or sponsor! Contact Jennifer Shapiro at jshapiro@ncbar.org for detailed information about these

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Program Planners

• M. Reid Acree Jr., Attorney at Law, Salisbury

• Eleasa Harris Allen, Robinson & Lawing LLP, Winston-Salem

Speakers

• M. Reid Acree Jr., Attorney at Law, Salisbury

• Julie L. Bell, Daggett Shuler Attorneys at Law, Winston-Salem

• Michael W. Bertics, Lennon, Camak & Bertics, Raleigh

• Amy Gallimore, Oxner + Permar LLC, Asheboro

• Lynn Gullick, Gullick Mediation Inc., Greensboro

• Ponchita L. Heggie, Cranfill Sumner & Hartzog LLP, Raleigh

• Meredith Henderson, Executive Secretary, NC Industrial Commission, Raleigh

• Tracey L. Jones, Teague Campbell Dennis & Gorham LLP, Raleigh

• W. Mark Peck, Robinson & Lawing LLP, Winston-Salem

• Chrystal Redding Stanback, Deputy Commissioner, NC Industrial

Commission, Raleigh

• Jeri L. Whitfield, Smith Moore Leatherwood LLP, Greensboro

• Raymond J. Williams, McAngus Goudelock & Courie PLLC, Charlotte

Hotel Information

Contact hotel(s) directly for reservations at the special NCBA room rate.

Rates are based on availability and may sell out.

Embassy Suites, 201 Harrison Oaks Boulevard, Cary

Rate:

$159 Single/Double (Includes full cooked-to-order breakfast and

manager’s evening reception)

Reservations

:

919.677.1840 Reference Corporate ID: NCB or NC Bar Rate

TownePlace Suites by Marriott, 120 Sage Commons Way, Cary

Rate

: $96 studio queen with sleeper sofa (Sunday–Thursday) Includes

complimentary Continental Breakfast. All rooms come standard with a

fully equipped kitchen

.

Reservations

:

919.678.0005 Ask for the NC Bar Association corporate rate.

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D o y ou fin d y our se lf r ein ven tin g t he w he el? A re t her e b et ter a nd e asier wa ys t o acco m pli sh n eces sa ry t as ks? Thi s m an ua l i s desig ne d t o p ro vide p rac tic al a nd co nci se a nsw er s t o t hes e a nd m an y o th er e ver yd ay l aw prac tice m an ag em en t q ues tio ns. Thi s o uts ta ndin g r es our ce h elps y ou fin d p rac tic al s ol ut io ns t o t he m os t co mm on q ues tio ns a nd p ro blem s t ha t a ris e in a ny p rac tice . I t a lso in cludes t im e-s av in g fi lla ble a nd s am ple fo rm s a nd c he ck lis ts. A ll t he es sen tia l t hin gs t he y didn ’t t eac h y ou in l aw s ch oo l. For more inf orma tion or t o or der, call the B ook st ore a t 800.228.3402, or visit www . ncbar

.org/CLE and click on

Publica tions . Managing E dit or s: George W . Lennon and S. Neal Camak o

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