OH Specific

Workers' Compensation

Ohio Workers' Compensation Fundamentals

Credits Available
Credit Status Total
Ohio CLE Approved 6 Total
OnDemand
6 hours 1 minute
Jared Buker
Joseph Schiavoni
Christopher Russell
Brian Brittain
Patrick Moro
With Jared L. Buker from Dinsmore & Shohl LLP + 4 others
Recorded February 06, 2024
Product ID 97879

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Overview

Attain the Best Possible Results for Your Clients

Working through a workers' compensation claim can be a long and tedious process that involves many outside parties and steps. Are you able to confidently represent your clients? Do you know what strategies to employ to prevent costly mistakes and attain the best possible results? Don't rely on your cursory knowledge of procedures and risks to get you through the case. Explore the comprehensive nature of a workers' compensation claim and know the process from start to finish. Register today!

  • Review the latest legislative developments and case law updates.
  • Understand how to comply with and arrange for Medicare Set-Aside Arrangements.
  • Recognize the importance of correctly assessing the injury and case right from the start to avoid any costly or unnecessary legal expenses.
  • Thoroughly prepare yourself and any experts for the hearing proceedings so that your case is ready for any cross-examination or conflicts.
  • Know when it is advantageous to pursue an appeal.
  • Understand how to sue for medical malpractice in conjunction with workers' compensation.
  • Review the ethical considerations associated with workers' compensation cases, such as disclosure obligations.

Abbreviated Agenda

  1. Case Law and Legislative Update
  2. Appeals Procedures
  3. Assessing the Injury and Case
  4. Settlement Methods and Mediation Practices
  5. Workers' Compensation Medicare Set-Aside Arrangements (WCMSA)
  6. Pre-Hearing Conferences
  7. Preparing for and Presenting at the Hearing
  8. When to Sue in Conjunction With Workers' Compensation
  9. Ethics
Product ID 97879

Credit Details

Credits Available
Credit Status Total
Ohio CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. Case Law and Legislative Update

  2. Appeals Procedures

    1. When an Appeal Makes Sense
    2. Administrative
    3. Judicial Proceedings
  3. Assessing the Injury and Case

  4. Settlement Methods and Mediation Practices

    1. When to Settle vs. Pursue a Claim
    2. Agreement for Settlement
    3. Compromise Settlement
    4. Contingent Settlement
    5. Combination Settlement
    6. Lump Sum Payments
    7. Full or Partial Commutation
    8. Negotiation Tips
    9. Pitfalls to Avoid
  5. Workers' Compensation Medicare Set-Aside Arrangements (WCMSA)

    1. Compromise vs. Commutation
    2. Low Dollar Threshold
    3. Calculating the Total Settlement Amount
    4. Submitting MSAs to the Centers for Medicare & Medicaid Services (CMS)
  6. Pre-Hearing Conferences

    1. Pleading the Case
    2. Complying With Deadlines and Orders
    3. Continuances
  7. Preparing for and Presenting at the Hearing

    1. Where and How to Locate Experts
      1. Doctors
      2. Rehabilitation Experts
    2. Preparing Your Experts
    3. Discovery Techniques
      1. Depositions
      2. Interrogatories
      3. Medical Examinations
      4. Surveillance
    4. Evidence Admissibility and Submission
    5. Questions to Ask Witnesses
    6. Cross-Examining Experts
    7. Proving the Causal Relationship
    8. Agreed Proposed Decisions and Orders
    9. What Key Decision-Makers Look For
    10. Keys to Building and Winning Your Case
  8. When to Sue in Conjunction With Workers' Compensation

    1. Product Liability
    2. Toxic Tort
    3. Third-Party Injuries
    4. Medical Malpractice
    5. Subrogation Considerations
    6. Recovery of Liens
  9. Ethics

    1. Rules of Professional Conduct
    2. Communication With Injured Party and Medical Providers
    3. Conflicts Between the Insurer and the Insured
    4. Lawyer Liability
    5. Attorneys' Fees
    6. Fraudulent Claims and Misrepresentations

Who Should Attend

This basic-to-intermediate level online seminar is designed for:

  • Attorneys
  • Claims Representatives

Speakers

Jared L Buker
Jared L.
Buker
Dinsmore & Shohl LLP
Joseph L Schiavoni
Joseph L.
Schiavoni
Christopher C Russell
Christopher C.
Russell
Porter Wright Morris & Arthur LLP
Brian K Brittain
Brian K.
Brittain
Patrick J Moro
Patrick J.
Moro
Heller, Maas, Moro & Magill Co., LPA
Speaker bio
Jared L Buker

Jared L. Buker

Dinsmore & Shohl LLP
Jared Buker

focuses his practice on workers' compensation, employment, labor, and administrative law. He counsels clients ranging from small businesses to national and international companies on issues involving workplace injuries, labor disputes, company policy, retaliation claims, intentional torts, FMLA, the Americans with Disabilities Act, OSHA, and the Fair Labor Standards Act. When working with a client, Jared starts by gaining an understanding of their business, including their short- and long-term goals, and he uses this information to craft a legal strategy that meets the client's short- and long-term needs. His experience includes practicing in state and federal court, as well as before administrative agencies like the Ohio Industrial Commission, the Ohio Civil Rights Commission, the Department of Labor, the National Labor Relations Board, and the Equal Employment Opportunity Commission. Jared earned his B.A., magna cum laude, from Youngstown State University, and J.D., cum laude, from Capital University Law School. While in law school, he was the Executive Articles editor of the Capital University Law Review, Volume 43, and recipient of the Dean's Excellence Award in 2013. He is a member of the Ohio State and Columbus Bar Associations and is admitted to practice before the U.S. District Court for the Southern District of Ohio.

Speaker bio
Joseph L Schiavoni

Joseph L. Schiavoni

Joseph Schiavoni

is a partner with Schiavoni, Schiavoni, Bush & Muldowney Co., L.P.A., where he practices workers' compensation and personal injury. Mr. Schiavoni is admitted to practice in Ohio. He is a member of the Ohio State Bar Association, Mahoning County Bar Association and Ohio Association for Justice. Mr. Schiavoni earned his B.S. degree from Ohio University and his J.D. degree from Capital Law School. He is a former member of the Ohio Senate from 2009-2018. He currently also serves as a Mahoning County Court Judge and has held that position since 2020.

Speaker bio
Christopher C Russell

Christopher C. Russell

Porter Wright Morris & Arthur LLP
Christopher Russell

is a partner in the law firm of Porter Wright Morris & Arthur LLP. He practices in the fields of labor and employment, and workers' compensation, representing various companies before state and federal courts and administrative agencies. Mr. Russell has been certified as one of the State of Ohio's first specialists in the field of workers' compensation by the Ohio State Bar Association. A substantial portion of his practice also involves labor arbitrations, employment litigation, and workplace safety issues. Mr. Russell is a member of the Ohio State, Columbus and American bar associations. He earned his B.A. degree, magna cum laude, from Kenyon College and his J.D. degree from The Ohio State University College of Law.

Speaker bio
Brian K Brittain

Brian K. Brittain

Brian Brittain

is a partner, one of the founders, and vice president/treasurer of Ross, Brittain & Schonberg Co., L.P.A. He oversees the firm's workers' compensation and OSHA practices. Mr. Brittain primarily supervises the management, defense and administration of workers' compensation matters for more than 1,400 of the firm's clients. He is highly regarded in this field for his unique abilities in aiding both state-funded and self-insured companies to reduce overall workers’ compensation liabilities and expenditures. Since the firm's 1991 beginning, Mr. Brittain has been a driving force behind the development of workers' compensation group rating plans. He oversees all actuarial analyses for group projections and directs the claims administration for all new group members. Mr. Brittain regularly conducts seminars relating to OSHA workplace safety and workers' compensation matters, and has authored numerous articles relating to the current Ohio workers' compensation statute and potential future changes. He earned his B.A. degree, summa cum laude, from Mount Union College, his J.D. degree from Case Western Reserve University and his M.B.A. degree from Cleveland State University. Mr. Brittain is an Ohio State Bar Association Certified Specialist of workers' compensation law, member of the Ohio State Association (Labor Law and Workers' Compensation section), and member of the Geauga County Bar Association and the Self-Insurers' Group of Ohio.

Speaker bio
Patrick J Moro

Patrick J. Moro

Heller, Maas, Moro & Magill Co., LPA
Patrick Moro

is an attorney with Heller, Maas, Moro & Magill Co., LPA, where he focuses his practice on workers' compensation, civil litigation and criminal defense. Most recently, Mr. Moro worked at a law firm in Columbus, where he focused his practice on aircraft accident litigation, insurance claims defense and transactional matters in the aviation industry. He earned his undergraduate degree in finance and management from Walsh University and his J.D. degree from Capital University Law School. Mr. Moro is a member of the Ohio State Bar Association, Ohio Association for Justice, and Trumbull and Portage County bar associations. He is licensed to practice in the state of Ohio, United States District Court for the Northern and Southern districts of Ohio, and is accredited by the United States Department of Veterans Affairs.

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Yes, the more people you bring from your organization, the more you save. After the first registration, each additional attendee receives a special discount off of their total tuition.
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