Workers' Compensation

WV Specific

4.45

Workers' Compensation in West Virginia: Critical Essentials From Both Sides of the Aisle

Credits Available
Credit Status Total
West Virginia CLE Approved 7.2 Total
OnDemand
5 hours 55 minutes
Jeffrey Brannon
T. Jonathan Cook
With Jeffrey B. Brannon from Cipriani & Werner, P.C. + 1 other
Recorded February 21, 2024
Product ID 97811

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Overview

Sharpen Your Skills With Strategic Insight From Both Sides of the Aisle

Successfully handling a workers' compensation claim requires you to understand and evaluate the issues from both sides. From initiating claims to negotiating settlements, anticipating the actions of the other side increases your chances for success. At this strategic online seminar, experienced faculty from both sides of the aisle will provide you with best practices for building a strong case and obtaining favorable results. Broaden your knowledge of workers' compensation claims and provide your clients with top-notch representation - register today!

  • Obtain the latest information you need to navigate the ins and outs of a workers' compensation claim.
  • Get a handle on key workers' compensation laws, terms, and legal concepts.
  • Understand how the workers' compensation insurance carrier decides whether to accept or deny a claim.
  • Hear a doctor's viewpoint on impairment ratings, functional capacity evaluations, and more.
  • Confidently handle workers' compensation claim denials due to pre-existing conditions.
  • Ensure you are maximizing your usage of evidence concerning injuries and the recovery process.
  • Gain essential techniques to sharpen your workers' compensation settlement negotiation skills.
  • Effectively anticipate the actions of the other side in workers' compensation hearings and appeals.

Abbreviated Agenda

  1. Essential Workers' Compensation Laws, Concepts, and Legal Updates
  2. Navigating Workers' Compensation Processes, Procedures, and Forms
  3. Proving - or Disproving - the Validity of Denied Claims
  4. How Doctors Evaluate Workers' Compensation Medical Issues
  5. Using Evidence to Your Client's Advantage: Claimant and Respondent Strategies
  6. Mastering the Art of Settlement Negotiation
  7. Essential Workers' Compensation Hearing and Appeal Tactics: Perspectives From Both Sides of the Aisle
  8. Ethical Considerations

Related Topics

Product ID 97811

Credit Details

Credits Available
Credit Status Total
West Virginia CLE Approved 7.2 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Essential Workers' Compensation Laws, Concepts, and Legal Updates

    1. State Workers' Compensation Laws and Guidelines
      1. Who Is Eligible?
      2. Covered Injuries
      3. Available Benefits
      4. Workers' Compensation Insurance Basics
    2. Key Terms and Concepts
      1. Disability: Permanent, Temporary, Partial, and Total
      2. Impairment Ratings
      3. Maximum Medical Improvement (MMI)
      4. Vocational Rehabilitation
    3. Legal Updates

  2. Navigating Workers' Compensation Processes, Procedures, and Forms

    1. Determining the Value of a Claim
    2. Claim Filing Procedures and Time Limits
    3. The Medical Evaluation Process
    4. How Insurers Evaluate Claims
    5. The Vocational Process: Common Mistakes Attorneys Make
    6. Key Forms: Avoiding Critical Mistakes

  3. Proving - or Disproving - the Validity of Denied Claims

    1. Key Causal Connections That Make or Break Claims
    2. Is There an Employment Relationship?
    3. Willful Misconduct
    4. Preexisting Conditions
    5. Occupational Diseases
    6. Mental- and Stress-Related Claims
    7. Horseplay Claims
    8. Travelling Employees
    9. Off-the-Clock Claims

  4. How Doctors Evaluate Workers' Compensation Medical Issues

    1. Legal Responsibilities of Physicians
    2. Impairment Rating Guidelines
    3. Functional Capacity Evaluations
    4. Independent Medical Examinations
    5. Injury Causation
    6. How MMI Is Determined

  5. Using Evidence to Your Client's Advantage: Claimant and Respondent Strategies

    1. Official Medical Records
    2. Second Medical Opinions
    3. Documentation of the Recovery Process
    4. Pre- and Post-MMI Jobs Created
    5. Accident Reports
    6. Employment Records
    7. Witness Statements
    8. Insurance Carrier Doctor Background and Competency
    9. Use of Expert Witnesses
    10. Social Media Landmines

  6. Mastering the Art of Settlement Negotiation

    1. Determining the Right Time to Settle
    2. Lump Sum vs. Structured Settlements
    3. Negotiating Payment for Disputed Treatment Costs
    4. Future Medical Expenses
    5. Lost Wages and Lost Earning Capacity
    6. Factoring in Liens
    7. Minimizing Social Security Offsets
    8. Medicare - and Medicaid - Set-Aside Considerations

  7. Essential Workers' Compensation Hearing and Appeal Tactics: Perspectives From Both Sides of the Aisle

  8. Ethical Considerations

    1. Rules of Professional Conduct
    2. Communication With Other Parties
    3. Attorneys' Fees
    4. Lawyer Liability

Who Should Attend

This basic level online seminar on workers' compensation claims is for:

  • Attorneys
  • In-House Counsel
  • Workers' Compensation Administrators
  • Human Resources Professionals
  • Accountants
  • Paralegals

Speakers

Jeffrey B Brannon
Jeffrey B.
Brannon
Cipriani & Werner, P.C.
T. Jonathan Cook
T. Jonathan
Cook
Cipriani & Werner, P.C.
Speaker bio
Jeffrey B Brannon

Jeffrey B. Brannon

Cipriani & Werner, P.C.
Jeffrey Brannon

is the managing partner of Cipriani & Werner, P.C.'s Charleston, West Virginia office, and group leader of their West Virginia Workers' Compensation Practice. Previously, he served as a member of the Putnam County Planning Commission and Putnam County Board of Zoning Appeals. Mr. Brannon graduated from the University of Charleston with a B.A. degree in political science in 1994. In 1998, he received his J.D. degree from the University of Dayton School of Law. Mr. Brannon is a member of The West Virginia State Bar and the West Virginia Defense Trial Counsel, where he previously served as the chairperson of the Workers' Compensation Substantive Committee. He is admitted to practice law before the Supreme Court of Appeals of West Virginia, U.S. District Court for the Southern District of West Virginia, and the Fourth Circuit Court of Appeals. After law school, Mr. Brannon was associated with R. Clark VanDervort, practicing general civil litigation for more than a year. From January 2000 through January 2001, he worked as an assistant attorney general in the Employment Programs Litigation Unit representing the Workers' Compensation Commission. The majority of his work during this period involved defending claims for permanent total disability benefits. Since 2001, Mr. Brannon has been employed by private firms located in the Charleston area, and has focused exclusively on representing employers, both self-insured and insured, in the defense of their workers' compensation claims. He has developed and provided training to claims adjusters for self-insured employers who self-administer their claims, as well as claims adjusters for private carriers and third party administrators who administer West Virginia workers' compensation claims. Mr. Brannon also continuously monitors the statutory and regulatory changes which affect the West Virginia Workers' Compensation system. He represents clients before the Offices of the Insurance Commissioner, Office of Judges, Board of Review and West Virginia Supreme Court of Appeals. In addition to litigation, Mr. Brannon has also represented self-insured employers, third-party administrators and private insurance carriers regarding various issues, including market conduct audits before the Offices of the Insurance Commissioner.

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Speaker bio
T. Jonathan Cook

T. Jonathan Cook

Cipriani & Werner, P.C.
T. Jonathan Cook

is an attorney in the West Virginia law firm of Cipriani & Werner, P.C. He focuses his practice on workers' compensation matters. Mr. Cook was an assistant attorney general for the West Virginia Workers' Compensation Defense Division from 2004 - 2006. He earned his B.A. degree from West Virginia University and his J.D. degree from West Virginia University College of Law. Mr. Cook is admitted to practice before the West Virginia Supreme Court of Appeals and the U.S. District Court for the Southern District of West Virginia. He is admitted to The West Virginia State Bar, Defense Trial Counsel of West Virginia and Kanawha County Bar.

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