NJ Specific

Workers' Compensation

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

Credits Available
Credit Status Total
New Jersey CLE Approved 7.2 Total
New York CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
OnDemand
5 hours 56 minutes
Jay Bernstein
Richard Tavani
Adam Kotlar
Peter Blumenthal
Anne Hammill-Pasqua
With Jay H. Bernstein from Kirsch, Stone & Morgan P.A. + 4 others
Recorded December 10, 2024
Product ID 99601

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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 99601

Credit Details

Credits Available
Credit Status Total
New Jersey CLE Approved 7.2 Total
New York CLE Approved 7 Total
Pennsylvania 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

Jay H Bernstein
Jay H.
Bernstein
Kirsch, Stone & Morgan P.A.
Richard K Tavani
Richard K.
Tavani
Bennett, Bricklin & Saltzburg LLC
Adam Kotlar
Adam
Kotlar
Kotlar, Hernandez & Cohen, LLC
Dr. Peter Blumenthal
Dr. Peter
Blumenthal
Peter Blumenthal, MD, PA
Anne M Hammill-Pasqua
Anne M.
Hammill-Pasqua
Capehart Scatchard, P.A.
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 secretary of the Glen Rock Volunteer Ambulance Corps and rides as an EMT.

Speaker bio
Richard K Tavani

Richard K. Tavani

Bennett, Bricklin & Saltzburg LLC
Richard Tavani

is an attorney at Bennett, Bricklin & Saltzburg LLC. He practices in the firm's Marlton office, where he handles workers' compensation and general liability matters for a variety of large manufacturing companies, service sector clients and local government entities. Mr. Tavani is a solicitor for several municipal entities in New Jersey, and leads the firm's New Jersey Workers' Compensation Department. He is a frequent lecturer on topics concerning the handling of workers' compensation claims and has presented joint lectures with judges of the division. Mr. Tavani served as a member of the New Jersey State Bar Association's Workers' Compensation Centennial Committee, and has also served on the division's task force concerning medical and temporary benefits motions. He was also a member of the Justice Coleman Workers' Compensation Inn of Court. He earned his B.A. degree from Drew University, and his M.P.P. and J.D. degrees from Rutgers University School of Law. Mr. Tavani is licensed to practice law in the state and federal courts of New Jersey and the Eastern District of Pennsylvania.

Speaker bio
Adam Kotlar

Adam Kotlar

Kotlar, Hernandez & Cohen, LLC
Adam Kotlar

is the founder of Kotlar, Hernandez & Cohen, LLC, a firm focused on workers' compensation, personal injury, and nursing home abuse and neglect claims. His practice areas include personal injury litigation, workers' compensation, and commercial litigation. Mr. Kotlar is certified by the Supreme Court of New Jersey as both a civil trial attorney and a workers' compensation law attorney, as well as certified by the National Board of Civil Trial Attorneys.  He is also a fellow of the National College of Workman’s Compensation Law Attorneys. Mr. Kotlar is a member of the Multi-Million Dollar Advocates Forum, New Jersey State and Pennsylvania bar associations, as well as the American and New Jersey Associations for Justice, Camden County Bar Association and New Jersey Council on Safety and Health. He earned his B.S. degree from Rutgers University and his J.D. degree, with honors, from Rutgers University School of Law.

Speaker bio
Dr. Peter Blumenthal

Dr. Peter Blumenthal

Peter Blumenthal, MD, PA
Peter Blumenthal

is an occupational physician with training in pharmacology and toxicology, and clinical experience in trauma. Dr. Blumenthal learned to understand illnesses caused by toxic exposure during fellowship training in clinical pharmacology and toxicology. He learned injury management during 12,000 hours as an emergency physician. Dr. Blumenthal is versed in both prevention and care of work-related injuries and illnesses. Since 1993, he has conducted over 36,000 independent medical exams, including long term disability assessments. Dr. Blumenthal earned his M.D. degree and a Dr. med. degree in Bonn, Germany; trained in clinical pharmacology at Tulane; trained in clinical pharmaco-kinetics at the State University of New York at Buffalo; and earned his M.P.H. (Master of Public Health) degree at Rutgers. He has maintained an academic affiliation as clinical assistant professor of medicine at the Rutgers-New Jersey Medical School. Dr. Blumenthal is a diplomate of the American Board of Preventive Medicine in occupational medicine, as well as a diplomate of the American Board of Independent Medical Examiners (CIME). Locally, he is a member of the Essex County Medical Society (past president and current chair of the Medical-Legal Liaison Committee); regionally as a member of the Medical Society of New Jersey (First VP); and nationally as a member of the American College of Occupational and Environmental Medicine (past Speaker of the House).

Speaker bio
Anne M Hammill-Pasqua

Anne M. Hammill-Pasqua

Capehart Scatchard, P.A.
Anne Hammill-Pasqua

is a shareholder in the law firm of Capehart Scatchard, P.A. She focuses her practice in the representation of employers, self-insured companies, and insurance carriers in workers' compensation defense matters, as well as Longshore and Harbor Workers' Compensation and Defense Base Act matters. Ms. Hammill-Pasqua earned her B.A. degree from The College of New Jersey, Trenton, New Jersey and her J.D. degree from Seton Hall University School of Law. She is a member of the American Bar Association and New Jersey State Bar Association, and a former member of the Toms River Planning Board.

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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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