Agenda

1. Case Law and Legislative Update

2. 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)

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. Pre-Hearing Conferences

   1. Pleading the Case
   2. Complying With Deadlines and Orders
   3. Continuances

6. 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

7. Appeals Procedures

   1. When an Appeal Makes Sense
   2. Administrative
   3. Judicial Proceedings

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