OH Specific

Workers' Compensation

4.5

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

Credits Available
Credit Status Total
Ohio CLE Approved 6 Total
OnDemand
6 hours 1 minute
Christopher Russell
Stephanie Van Meter
Brian Brittain
Paulette Ivan
Philip Gauer
Robert Robenalt
Kurt Knisley
With Christopher C. Russell from Porter Wright Morris & Arthur LLP + 6 others
Recorded November 11, 2024
Product ID 99187

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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. How Doctors Evaluate Workers' Compensation Medical Issues
  4. Proving - or Disproving - the Validity of Denied Claims
  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
Product ID 99187

Credit Details

Credits Available
Credit Status Total
Ohio CLE Approved 6 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. 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
  4. 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
  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

Christopher C Russell
Christopher C.
Russell
Porter Wright Morris & Arthur LLP
Stephanie L Van Meter
Stephanie L.
Van Meter
Van Meter Law, LLC
Brian K Brittain
Brian K.
Brittain
Paulette Ivan
Paulette
Ivan
Reminger Co., LPA
Philip J Gauer
Philip J.
Gauer
Philip J. Gauer, Attorney at Law, LLC
Robert M Robenalt
Robert M.
Robenalt
Fisher & Phillips LLP
Kurt Knisley
Kurt
Knisley
Knisley Law Offices
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
Stephanie L Van Meter

Stephanie L. Van Meter

Van Meter Law, LLC
Stephanie Van Meter

is an attorney at her firm Van Meter Law, LLC, located in Dublin, Ohio. She has nearly 20 years of experience practicing in both the public and private sectors, as well as working with businesses of all sizes from small single owner to Fortune 500 companies. Ms. Van Meter earned her B.A. degree from Oklahoma State University and her J.D. degree from The University of Tulsa College of Law. She is a member of Columbus Bar Association (Solo Practitioner Committee), Ohio State Bar Association, and Dublin Chamber of Commerce. Ms. Van Meter is admitted to practice law in Ohio and Oklahoma, and before the U.S. District Court, Southern District of Ohio.

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
Paulette Ivan

Paulette Ivan

Reminger Co., LPA
Paulette Ivan

practices in the Columbus office of Reminger Co., L.P.A., where she is a Co-Chair of the Workers' Compensation practice group. She represents and advises employers in all aspects of their workers' compensation and risk management programs, including individual claim processing, policy coverage issues and violations of specific safety requirements. Paulette provides representation and counsel on employment related matters involving intentional torts, retaliatory claims and Family Medical Leave Act. Her practice includes representing employers in administrative hearings before the Industrial Commission of Ohio and the adjudicating bodies of the Ohio Bureau of Workers' Compensation, as well as extensive trial and appellate experience, representing employers at all levels of the Ohio court system. Paulette is a Certified Specialist in Workers' Compensation by the Ohio State Bar Association, under the approval of the Supreme Court of Ohio. She frequently lectures on the topic of workers' compensation and employment related matters for various groups, including the Ohio State Bar Association. She was an invited speaker at the Industrial Commission Statewide Hearing Officer's Training Meeting in Maumee Bay, Ohio in October, 2011. Paulette has been voted by her peers as one of Cincinnati Magazine's Ohio Super Lawyers every year since 2004. She has been listed in Best Lawyers in America® since 2007 and has been listed by Columbus Business First as one of Central Ohio's Best Lawyers. Paulette is a multi-year designee as one of the Top 25 Women Lawyers in Columbus and Top 50 Women Lawyers in Ohio as published by Columbus Monthly magazine through peer voting standards.

Speaker bio
Philip J Gauer

Philip J. Gauer

Philip J. Gauer, Attorney at Law, LLC
Philip Gauer

is a sole practitioner where he practices in the areas of workers' compensation, Social Security disability law, and estate planning and probate. He is a certified specialist in workers' compensation law through the Ohio State Bar Association. Mr. Gauer is a former assistant attorney general with the Ohio Attorney General's Office. He is a member of the Ohio State Bar Association. Mr. Gauer earned his B.S. degree from Miami University and his J.D. degree from the Capital University Law School.

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's 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.

Speaker bio
Kurt Knisley

Kurt Knisley

Knisley Law Offices
Kurt Knisley

is an attorney with Knisley Law Office where the practice areas include workers' compensation, social security disability, and personal injury. He is a member of the Columbus Bar Association and Ohio State Bar Association. Mr. Knisley earned his J.D. degree from Capital University Law School.

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