WORKERS' COMPENSATION UPDATE

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2009 ANNUAL SPRING

WORKERS'

COMPENSATION

UPDATE

Co-sponsored by the CBA Workers' Compensation Section

REGISTER FOR THIS PROGRAM ONLINE! Go to www.cobar.org/cle

LIVE IN DENVER:

MARCH 13, 2009

*

At the CBA-CLE Classroom, 1900 Grant Street, Suite 300

*ALSO AVAILABLE VIA LIVE WEBCAST - DIRECT TO YOUR DESKTOP!

VIDEO REPLAYS:

APRIL 2, 2009

In Denver, Colorado Springs, and Grand Junction Submitted for

6 General CLE Credits, including 1 Ethics Credit

PROGRAM HIGHLIGHTS: ■ Case Law Update (Colorado

Supreme Court, Court of Appeals, and ICAP) ■ Course and Scope, and

Coverage Issues

■ Practical Tips from the Bench ■ Review of Offsets in Workers'

Compensation Cases ■ Tough Ethics Questions

■ Immigration Status Issues When an Injured Worker is Terminated

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FACULTY:

Honorable Laura Broniak Administrative Law Judge Office of Administrative Courts Colorado Department of Personnel and Administration

Denver, CO

Honorable Peter Cannici Administrative Law Judge Office of Administrative Courts Colorado Department of Personnel and Administration

Denver, CO

Honorable Craig C. Eley Prehearing Administrative Law Judge Division of Workers' Compensation Colorado Department of Labor and Employment

Denver, CO

Honorable Curt Kriksciun Administrative Law Judge Industrial Claim Appeals Office Colorado Department of Labor and Employment

Denver, CO

Patricia Jean Clisham, Esq. Clisham, Satriana & Biscan, LLC Denver, CO

David J. Dworkin, Esq. Dworkin, Chambers, Williams, York, Benson, & Evans, PC

Denver, CO

T. Paul Krueger, Esq. Ritsema & Lyon, PC Denver, CO

Charles E. (Chip) Mortimer, Jr., Esq. Office of Attorney Regulation Counsel Colorado Supreme Court

Denver, CO

Kerry L. Sullivan, Esq. Sullivan Sullivan & McGuire, PC Denver, CO

PLANNING COMMITTEE:

Patricia Jean Clisham, Esq. Clisham, Satriana & Biscan, LLC Denver, CO

Robert Erickson, Esq. Pinnacol Assurance Denver, CO

Tama L. Levine, Esq. Blackman & Levine, LLC Denver, CO

Lynn P. Lyon, Esq. Ritsema & Lyon, PC Denver, CO

T

he CBA Workers' Compensation Section and CBA-CLE welcome you to another edition of the Annual Spring Workers' Compensation Update! Make sure you catch this practical, informative program on March 13, 2009!

The day begins with a review of the most important case law decisions over the past year, including Colorado Supreme Court, Court of Appeals and ICAP decisions. The day continues with a primer and update on the thorniest course and scope and coverage issues in workers' compensation law cases. The morning concludes with an address by ALJ Cannici and ALJ Broniak of the Office of Administrative Courts.

After lunch you will be treated to a session on the in's and out's of offsets in workers' compensation cases, including very useful instruction on how to deal with “prior ratings” issues. The second topic of the afternoon is the always welcome legal ethics segment. Join Mr. Chip Mortimer of the Office of Attorney Regulation Counsel as he leads you through the ethics problems that are typical for a workers' compensation practitioner! Our program concludes with a lecture by Administrative Law Judge Craig C. Eley concerning the important immigration law issues that can arise in workers' compensation matters when an employee is terminated. As always, our faculty includes distinguished workers' compensation law judges, as well as experienced practitioners from both the claimant and respondent's bars, ensuring that you receive a high quality CLE experience!

DON'T DELAY… REGISTER FOR THE ANNUAL SPRING WORKERS' COMPENSATION UPDATE TODAY!

FACULTY AND PLANNING COMMITTEE:

2009 ANNUAL SPRING

WORKERS'

COMPENSATION UPDATE

Co-sponsored by the CBA Workers' Compensation Section

LIVE IN DENVER:

MARCH 13, 2009*

At the CBA-CLE Classroom 1900 Grant Street Suite 300

*ALSO AVAILABLE VIA LIVE WEBCAST - DIRECT TO YOUR DESKTOP!

VIDEO REPLAY:

APRIL 2, 2009

Denver Colorado Springs Grand Junction Submitted for 6 General CLE Credits, including 1 Ethics

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PROGRAM AGENDA:

8:30 am Registration

9:00 am Welcome and Introduction

Extended by Patricia Jean Clisham, Esq.

9:10 am Case Law Update (Colorado Supreme Court, Court of Appeals and ICAP)

Presented by Administrative Law Judge Curt Kriksciun and T. Paul Krueger, Esq.

10:05 am Course and Scope, and Coverage Issues

■Defining “on the job” performance for benefit of employer ■The 24 hour on call employee

■Travelling to and from the job ■Independent contractor ■The statutory employer ■Exempt owner/employee

■Employer's version vs. employee's version ■Under the table employees

■Undocumented workers Presented by Kerry L. Sullivan, Esq.

10:55 am Break (15 minutes)

11:10 am Practical Tips from the Bench

Learn directly from the bench the issues that are most important to Colorado Administrative Law Judges who preside at workers' compensation hearings! Presented by Administrative Law Judge Peter Cannici and Administrative Law Judge Laura Broniak

12:00 pm Lunch (On Your Own)

1:15 pm Review of Offsets in Workers' Compensation Cases

■ SSDI

■ Retirement under Social Security and employer-funded pension plans ■ Unemployment benefits

■ PERA and similar plans such as FPPA (for firefighters) ■ A “how-to” on prior ratings

■ Drug and alcohol and safety rule violations Presented by David J. Dworkin, Esq.

2:10 pm Tough Ethics Questions for Workers' Compensation Attorneys

■ What should you do when you believe your client is lying?

■ If an attorney is fired, what are the ethical limits on what he or she can do to recover his or her costs and fees?

- Can the opposing attorney tell the fired attorney the status of the ongoing claim? - Does the client's new attorney have any obligation to the fired attorney?

■ When does an attorney have a conflict when representing both the employer and the insurance carrier?

■ What are the ethical limits on an investigator's tactics when investigating a claimant? ■ Are there ethical considerations when using on-line research resources, such as Lexis,

when investigating a claimant?

■ Are there ethical considerations regarding the use of the social networking web sites (Facebook, MySpace, etcetera) to gather information on injured workers?

■ When must an attorney report the misconduct of another attorney? ■ What type of fee agreement is needed for an injured worker?

■ What type of fee agreement is needed for an ongoing relationship with an insurance carrier or self insured employer?

■ How should you draft your fee agreement in order to allow for minor fee increases? ■ What costs, if any, can a claimant's attorney advance to his or her client?

■ Is there a duty to disclose administrative errors that result in increased costs if the attorney pays the excess costs incurred out of his or her own pocket (e.g., an attorney forgets to cancel an expert witness that is not needed, a charge is assessed, and the attorney pays the charge)?

■ How should overpayments of fees by a client be handled? Presented by Charles E. (Chip) Mortimer, Jr., Esq.

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3:00 pm Break (15 minutes)

3:15 pm Immigration Status Issues When an Injured Worker is Terminated

■ *The “responsibility for termination” issue defined ■ Responsibility for termination as addressed in the

Workers' Compensation Act

■ The issue of the employer's knowledge (or lack of knowledge) of the worker's immigration status ■ Are undocumented aliens entitled to workers'

compensation payments when injured? ■ ICAP decisions discussing undocumented aliens

■ Discovery issues when the information sought relates to the worker's immigration status

■ The employer's dilemma

■ Conflict between employer and insurer Presented by the Honorable Craig C. Eley, Prehearing Administrative Law Judge, Colorado Division of Workers' Compensation

4:05 pm Adjourn

PROGRAM AGENDA: continued

WEBCAST INFORMATION:

Course materials are provided in electronic format to all webcast attendees. For individuals who prefer to receive the materials in paper form, you must make this request at the time of registration. Once CBA-CLE has final materials prepared, they will be shipped immediately upon your request, but we cannot guarantee that you will receive them prior to the program.

TIPS FOR A BETTER WEBCAST EXPERIENCE:

• Your computer should have a 500 mhz or higher processor and at least 128 megs of RAM.

• Hi-Speed connection - Viewers with faster and more consistent connections will have a better viewing experience.

PLEASE RUN THIS TEST TO MAKE SURE YOUR COMPUTER MEETS THE MINIMUM SYSTEM REQUIREMENTS:

http://www.cobar.org/cle/photos/CLE_webcast_test.html

To view webcasts and streaming videos your computer must meet some minimum system requirements. The videos are best viewed using Microsoft's Windows Media Player™. You will need to have Windows Media Player v.7 or higher installed. If you have a newer PC you probably already have the player installed as part of the Windows operating system. If you're running an older PC, or if you use a Macintosh, you will need to download and install the player. Here is a link to the Microsoft Media Player website to help you determine which version of Media Player is right for your computer.

http://www.microsoft.com/windows/windowsmedia/download/ AllDownloads.aspx?displang=en&qstechnology=

IMPORTANT - DO YOU HAVE A FIREWALL OR ROUTER?

It is possible that your firewall may block the stream or that your router may not pass the stream correctly. Try temporarily disabling the firewall to see if the stream works or have your network administrator look into it.

Additional information and instructions regarding connecting to the webcast will be e-mailed to you approximately 5-10 business days before the webcast.

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2009 ANNUAL SPRING WORKERS’ COMPENSATION UPDATE

Register by PHONE...when using VISA or MasterCard.

In Denver: (303) 860-0608 • Toll-Free: (888) 860-2531

Or FAX form to...when using VISA or MasterCard.

FAX to: (303) 860-0624

Or MAIL form to...CLE in Colorado

1900 Grant St, Suite 300 • Denver, CO 80203-4303

Or register ONLINE...

Register on the CBA-CLE web site @ www.cobar.org/cle

CLE USE ONLY: Check #: _______________________________________________________ Approval #:____________________________________________________________________________

Name(s) ____________________________________________________________________________________________________________________ Attorney Reg. No. ______________________________________________________________________________________ Firm/Organization __________________________________________________________________ E-Mail Address __________________________________________________________________________________________ Street Address ______________________________________________________________________________ City ________________________________________________ State __________ Zip ________________ Telephone ( ) ______________________ Fax ( ) ____________________________ ❏Enclosed is my check made payable to CBA-CLE ❏VISA ❏MasterCard

Credit Card # ______________________________________________Exp. Date ________________ Signature ____________________________________________________________________________________________________________________________________________

Required for credit card orders

LIVE PROGRAM / WEBCAST / VIDEO REPLAY ORDER FORM

HOMESTUDY ORDER FORM

$ $ $ $ $ Price Shipping & Handling

Subtotal Applicable Sales Tax (7.72% Denver, 4.1% RTD and 2.9% rest of Colo.)

HOMESTUDY TOTAL

10.00

INDIVIDUAL TUITION:

❏Non-member: ...$299

❏CBA Member: ...$249

❏CBA Workers' Compensation Section Member:...$229

❏New Lawyer (in practice 2 years or less):...$209

❏Legal Support Staff of CBA Member: ...$209

LIVE: MARCH 13, 2009(Please choose between the live program and live webcast)

❏LIVE PROGRAM - Denver: CBA-CLE Classroom, 1900 Grant St., Suite 300(WC031309L)

❏LIVE WEBCAST - Direct to your desktop (WC031309W)

NOTE: Registrants who wish to participate via live webcast, must have access to a high-speed internet connection and to important e-mail instructions.

VIDEO REPLAY: APRIL 2, 2009

❏Denver: CBA-CLE Classroom, 1900 Grant Street, Suite 300

❏Colorado Springs: 421 S. Tejon Street, Suite 100

❏Grand Junction: 1250 E. Sherwood Drive

LIVE PROGRAM / WEBCAST / VIDEO REPLAY TOTAL$

To receive CLE Credit, you must purchase both the course materials AND the recorded seminar (CD).

COURSE MATERIALS ONLY:

❏CBA Member: $95 ❏Non-member: $125

COURSE MATERIALS & RECORDED SEMINAR (CD)

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REGISTER FOR THIS PROGRAM ONLINE! Go to www.cobar.org/cle

2009 ANNU

AL

SPRING