Workers' Compensation

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Workers' Compensation Pain Points for Attorneys

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Pending 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 7.2 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Pending 6 Total
North Carolina CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 7 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Live Online
6 hours
Jay Bernstein
Benjamin Basista
Joe Urbanski
Robert Robenalt
With Jay H. Bernstein from Kirsch, Stone & Morgan P.A. + 3 others

Mon, Oct 05, 00:00 AM – 00:00 PM

Product ID 102545

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$429

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Overview

AI, Causation, Invisible Injuries, and the Hardest Claims You'll Face

Workers' compensation has never been more complex, and the stakes have never been higher. Disputed causation, chronic pain diagnoses, AI-driven claim denials, remote work injuries, and mounting Medicare set-aside exposure are pushing even experienced practitioners to their limits. Over six focused hours, this CLE will give you practical insights to fight causation battles, navigate invisible injury and mental health claims, contain future medical exposure, and handle the rapidly shifting landscape of gig work and remote employment. You'll also get a clear-eyed look at how AI is reshaping claims handling. Tackle your most difficult claims with greater confidence and precision - register today!

  • Find out how carriers are using AI to deny, delay, and defend claims - and what you can do about it.
  • Get strategies for valuing and negotiating claims where causation is anything but clean.
  • Find out how courts are drawing the line on PTSD and mental injury compensability.
  • Address the compensability challenges of remote work and misclassified employees.
  • Cross-examine medical and vocational experts with precision - and know when to press harder.

This program was designed in conjunction with NBI's esteemed Content Advisory Committee Member Brad Kolling.

Abbreviated Agenda

  1. AI and the Future of Workers' Compensation
  2. Pre-Existing Injuries and Causation Battles
  3. Pain, Mental Health, and Invisible Injuries
  4. Future Medical Exposure and Medicare Set-Asides
  5. Modern Work Realities and Compensability Challenges: With Case Law and Scenarios
  6. Disability, Work Capacity, and Vocational Warfare

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Related Topics

Product ID 102545

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Pending 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 7.2 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Pending 6 Total
North Carolina CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 7 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
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CLE

Agenda

All times are shown in

  1. AI and the Future of Workers' Compensation

    1. How Workers' Comp Carriers Are Using AI
    2. Top AI Tools and Use Cases for Workers' Comp Attorneys
    3. Prompting Tips and Sample Language

  2. Pre-Existing Injuries and Causation Battles

    1. Idiopathic vs. Unexplained Injuries: Compensability Issues
    2. Competing Causation Theories: Work vs. Natural Progression
    3. Material Aggravation vs. Temporary Flare-Up
    4. Valuing and Negotiating Claims Around Disputed Causation
    5. Proving Causation Without Clear Mechanism of Injury
    6. Apportionment to Prior Injuries, Non-Work Causation, and Age/Genetics

  3. Pain, Mental Health, and Invisible Injuries

    1. Chronic Pain Diagnoses (CRPS, Fibromyalgia, Myofascial Pain)
    2. PTSD Standards
    3. Consequential Injuries (Depression, Anxiety)
    4. Causation Battles: Work vs. Personal Stressors
    5. How Courts Are Ruling on Mental Injury Claims

  4. Future Medical Exposure and Medicare Set-Asides

    1. Navigating the Updated WCMSA Reference Guide: Key Changes and Practice Impacts
    2. Allocating Future Medical in Disputed Causation and Apportionment Cases
    3. Structuring Settlements to Manage MSA Costs and Approval Risk
    4. Conditional Payments, Liens, and Reimbursement Pitfalls
    5. Defending MSAs Against Over-Allocation and Inflated Life Care Plans

  5. Modern Work Realities and Compensability Challenges: With Case Law and Scenarios

    1. Work-From-Home Injuries: Emerging Standards
    2. Joint Employer Liability and Shifting Responsibility
    3. Independent Contractor Misclassification
    4. Coverage Gaps in Gig and App-Based Work

  6. Disability, Work Capacity, and Vocational Warfare

    1. Temporary Disability Benefits: AWW, Diligent Job Search, Modified Duty, and Retirement Defenses
    2. Permanent Disability and Impairment Ratings, AMA Guides Edition Wars
    3. Vocational Experts and Earning Capacity
    4. Cross-Examining Medical and Vocational Experts
    5. Surveillance as an Exposure Mitigation Tool

Who Should Attend

This program is designed for attorneys. Workers' compensation defense and plaintiff attorneys will find the content especially relevant, as will in-house counsel for employers, insurance carriers, and third-party administrators. Paralegals and claims professionals who support workers' comp matters may also benefit.

Speakers

Jay H Bernstein
Jay H.
Bernstein
Kirsch, Stone & Morgan P.A.
Benjamin M Basista
Benjamin M.
Basista
Dickie, McCamey & Chilcote, P.C.
Joe Urbanski
Joe
Urbanski
SBH Legal
Robert M Robenalt
Robert M.
Robenalt
Fisher & Phillips LLP
Speaker bio
Jay H Bernstein

Jay H. Bernstein

Kirsch, Stone & Morgan P.A.
Jay Bernstein

is an attorney in the law firm of Kirsch, Stone & Morgan P.A., where he manages the workers' compensation practice specializing in motions for medical treatment and surgery, and has 30 years of successful court orders for surgery and medical treatment. Mr. Bernstein has represented thousands of injured workers throughout New Jersey and has been named by the Supreme Court of New Jersey as a certified workers' compensation attorney; a distinction held by less than 5% of attorneys throughout the state. He has testified before the New Jersey Senate Labor Committee to improve emergency access to medical care for injured New Jersey workers, and written and lobbied for access to proper medical care. Mr. Bernstein earned his B.A. degree from the University of Rochester, his J.D. degree from Syracuse University of Law and and post grad at the University of Pennsylvania. He studied at Brandies University in Israel. Mr. Bernstein has received a Commendation from the U.S. Army JAG Corps. Currently Mr. Bernstein is vice president and crew chief of the Glen Rock Volunteer Ambulance Corps and rides as an EMT.

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Speaker bio
Benjamin M Basista

Benjamin M. Basista

Dickie, McCamey & Chilcote, P.C.
Benjamin Basista

is a shareholder of Dickie, McCamey & Chilcote, P.C. and chair of the Medicare compliance group. He focuses his practice on addressing Medicare issues that arise in the resolution of workers' compensation, general liability and FELA claims. Mr. Basista is retained as national Medicare counsel and advisory Medicare counsel by a number of insurance carriers, third party administrators, and self-insured entities; including Class I and short line railroads; to advise on compliance matters regarding the Medicare Secondary Payer Statute. He is a frequent lecturer on the topic of Medicare compliance to insurance carriers, self-insured businesses, law firms and professional organizations. Mr. Basista has been named as industry Medicare counsel to the Association of American Railroads, and has assumed the role of legislative chair for the National Association of Medicare Set-Aside Professionals. He earned his J.D. degree from the University of Pittsburgh School of Law, where he was a finalist for the 2003 Herman L. Foreman Labor Law Award. Mr. Basista earned his B.S. degree from The Pennsylvania State University. Previously, he served as a law clerk with the Hon. Paul F. Lutty in the Court of Common Pleas of Allegheny County, and in the Pittsburgh office of the National Labor Relations Board. Mr. Basista is admitted to practice law in the state of Pennsylvania.

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Speaker bio
Joe Urbanski

Joe Urbanski

SBH Legal
Joe Urbanski

is an attorney at SBH Legal. He currently represents Washington employers and insurers in workers' compensation matters. Mr. Urbanski is a member of the Oregon State Bar Association; Washington State Bar Association; and United States District Court, District of Oregon. He earned his B.A. degree from the University of Oregon and his J.D. degree from Willamette University College of Law.

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Speaker bio
Robert M Robenalt

Robert M. Robenalt

Fisher & Phillips LLP
Robert Robenalt

is a partner in Fisher & Phillips LLP, Columbus, Ohio office. He has practiced labor and employment law for over 25 years, and his practice is multifaceted. Mr. Robenalt has represented national and Ohio companies in a variety of labor and employment issues. His practice is focused on advising employers on all aspects of employment law, including employee discipline, and compliance issues in various Federal and Ohio employment laws and regulations, including ADA, FMLA, and OSHA. Mr,. Robenalt also actively represents employers in court and administrative trials and proceedings. His defense efforts have ranged from defense of clients in lawsuits and claims involving non-competition and trade secret matters, wrongful discharge and discrimination claims, workers' compensation and OSHA matters, and Employee Retirement Income Security Act (ERISA). Mr. Robenalt has successfully served as first chair in a number of jury and bench trials in both federal and state courts. He has also argued on appeals before Ohio and Federal appellate courts and has appeared in significant cases before the Supreme Court of Ohio and the Fourth and Sixth District courts of Appeals. Mr. Robenalt is also admitted to the Supreme Court of the United States. He has been selected by his peers several years running to be included in Best Lawyers in America, including 2016, 2017, 2018, 2019 and 2020. Mr. Robenalt is a previous chairman of the Columbus Bar Association Labor and Employment and Workers' Compensation committees, and is an active member of the Ohio Chamber of Commerce, and The Ohio Manufacturers' Association. He has also been active in the Ohio State Bar Association's Labor and Employment and Workers' Compensation committees.

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