2023 Work Comp, Casualty and Risk Management Conference
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Handouts
Session 1 - Crash Course: Increasing Vehicular Collisions in a Post-Pandemic World Download Session 1 - Its Your Fault, Now What? Settling and Litigating Clear Liability Claims Download Session 1 - Navigating Downstream Waters: Effective Additional Insured and Contractual Risk Transfer Strategies Download Session 1 - Proceed with Caution: Evidence Preservation and Spoliation 101 Download Session 1 - Strategies in Effectuating Medicare Conditional Payment Lien Outcomes: Proactive Cost-Saving Tools for Settlements Download Session 1 - The Ethics in Claims Handling Download Session 2 - A New Frontier: Remote Work and Workers Compensation Claims Download Session 2 - Be Smart: Current Trends in Homeowners Liability Coverage Download Session 2 - No Laughing Matter: Civil Money Penalties and Conditional Payment Recoveries in Medicare Workers Comp Claims Download Session 2 - Top Leadership Tips from Women in Risk Management, Retail, and Workers Comp Litigation Download Session 2 - When a Tree Falls in the Forest… Does It Have a Claim? Download Session 3 - Avoiding the Concurrent Proximate Cause Trap Download Session 3 - Balancing the Budget: Managing Case Costs for All Sizes of Litigation Download Session 3 - Don’t Go in Blind: Defending Unwitnessed Workers Compensation Cases Download Session 3 - In It to Win It: Effectively Dealing with Plaintiff Side Counsel in Employment Law Matters Download Session 3 - The Defense and Litigation of Traumatic Brain Injury (TBI) Claims Download Session 4 - One Less Workers Compensation Zombie in the Apocalypse Download Session 4 - Safely Traversing the Minefield of Permanent Work Restrictions Download Session 4 - Stay Sharp: Subrogation Should Not Be an Afterthought Download Session 4 - Top Ten: A Claims File Wish List Download Session 5 - Cocktails and Catastrophes: Grey and Contentious Issues in Preparing a Complex Business Interruption (BI) Claim Download Session 5 - Exposure and Expense: Managing Workers Compensation Claims from a Cost-Saving Perspective Download Session 5 - Holding vs. Folding: How to Play Your Workers Compensation Hand Download Session 5 - Set Up for Success: Investigation and Implementation of Subrogation Claims Download Session 6 - Cha-cha-change: What Workplace Demographic Changes May Bring Download Session 6 - Creative Thinking: Solutions to Help You Settle and Save Download Session 6 - Where Do We Go from Here? Securing a Better Venue for Cases Download - Tracks
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Tracks
Thursday, May 18, 2023
It’s Your Fault, Now What? Settling and Litigating Clear Liability Claims
Seasoned professionals offer advice on achieving the best possible outcomes for clear liability cases and share solutions for helping reduce settlements. With clear liability cases, damages can be kept low or allowed to bloom based on decisions made surrounding employee actions, acceptance of liability subsequent actions, contact with claimants, admission of fault, knowing your venue, retaining pre-litigation counsel, and not being scared to get out in front.
Seasoned professionals offer advice on achieving the best possible outcomes for clear liability cases and share solutions for helping reduce settlements. With clear liability cases, damages can be kept low or allowed to bloom based on decisions made surrounding employee actions, acceptance of liability subsequent actions, contact with claimants, admission of fault, knowing your venue, retaining pre-litigation counsel, and not being scared to get out in front.
Navigating Downstream Waters: Effective Additional Insured and Contractual Risk Transfer Strategies
Don't miss this session focused on risk management challenges and solutions related to indemnification and additional insured issues, including best practices for handling defense, coverage, and common contract provisions. This diverse panel of an in-house risk manager, defense counsel, coverage counsel, and a broker claims executive will share both real life examples and case law to convey a broad range of perspectives. Attendees will walk away with actionable ideas for a better approach to resolution of claims, in construction and across other industries.
Don't miss this session focused on risk management challenges and solutions related to indemnification and additional insured issues, including best practices for handling defense, coverage, and common contract provisions. This diverse panel of an in-house risk manager, defense counsel, coverage counsel, and a broker claims executive will share both real life examples and case law to convey a broad range of perspectives. Attendees will walk away with actionable ideas for a better approach to resolution of claims, in construction and across other industries.
Proceed with Caution: Evidence Preservation and Spoliation 101
Claim professionals handling premises liability claims are often face with making sticky decisions regarding evidence preservation. In this roundtable, experienced professionals will discuss how to avoid turning a trip and fall into a spoliation claim by exploring the basics of evidence preservation and spoilation, looking specifically at how it all works in the real world where things are not always so open and obvious.
Claim professionals handling premises liability claims are often face with making sticky decisions regarding evidence preservation. In this roundtable, experienced professionals will discuss how to avoid turning a trip and fall into a spoliation claim by exploring the basics of evidence preservation and spoilation, looking specifically at how it all works in the real world where things are not always so open and obvious.
Crash Course: Increasing Vehicular Collisions in a Post-Pandemic World
Following COVID-19, motor vehicle collisions have been rising at an exponential rate – both in numbers and in severity – many of them avoidable accidents. Looking at the issue from a variety of vantage points, the panel will provide an analysis of potential causes for this increase, discuss ways to mitigate current risks, and offer programs/ideas to get out in front of these collisions.
Following COVID-19, motor vehicle collisions have been rising at an exponential rate – both in numbers and in severity – many of them avoidable accidents. Looking at the issue from a variety of vantage points, the panel will provide an analysis of potential causes for this increase, discuss ways to mitigate current risks, and offer programs/ideas to get out in front of these collisions.
Strategies in Effectuating Medicare Conditional Payment Lien Outcomes: Proactive Cost-Saving Tools for Settlements
This presentation addresses all aspects of Medicare conditional payments – not only for traditional Medicare recoveries, but for private Medicare plans (Medicare Advantage Plans & Prescription Drug Plans) as well. The audience will learn about traditional and private Medicare recovery rights, options for disputes and appeals, double-damage recovery, and trending case law regarding Medicare conditional payments.
Be Smart: Current Trends in Homeowners Liability Coverage
Look at the expansion of liability coverage on homeowners policies considering the increasing exposures posed by technological advances and applicable emerging issues affecting personal liability. Explore State and Federal laws where interpretation of policy language has been broadened for exposures posed by drones, ride and house sharing, cyber-bullying, and vicarious liability for unlicensed individuals.
Look at the expansion of liability coverage on homeowners policies considering the increasing exposures posed by technological advances and applicable emerging issues affecting personal liability. Explore State and Federal laws where interpretation of policy language has been broadened for exposures posed by drones, ride and house sharing, cyber-bullying, and vicarious liability for unlicensed individuals.
Avoiding the Concurrent Proximate Cause Trap
The ability to recognize and properly respond to claims involving concurrent proximate cause doctrine is essential for retail, restaurant, and hospitality claims handling. This session will demystify the doctrine, assist claim handlers in recognizing when it might apply, and provide suggestions to insurers for avoiding the concurrent proximate cause trap.
The ability to recognize and properly respond to claims involving concurrent proximate cause doctrine is essential for retail, restaurant, and hospitality claims handling. This session will demystify the doctrine, assist claim handlers in recognizing when it might apply, and provide suggestions to insurers for avoiding the concurrent proximate cause trap.
In It to Win It: Effectively Dealing with Plaintiff Side Counsel in Employment Law Matters
Achieving successful results in employment law matters depends on a variety of factors, one of the most important can be defense counsel’s relationship with opposing counsel, including their ability to thwart or control the tactics of opposing counsel. Led by seasoned defense-side employment attorneys and claim professionals, we’ll explore practical guidance/tips for effectively dealing with opposing counsel in employment law matters, with an eye toward achieving the best possible results for defendants/insured.
Achieving successful results in employment law matters depends on a variety of factors, one of the most important can be defense counsel’s relationship with opposing counsel, including their ability to thwart or control the tactics of opposing counsel. Led by seasoned defense-side employment attorneys and claim professionals, we’ll explore practical guidance/tips for effectively dealing with opposing counsel in employment law matters, with an eye toward achieving the best possible results for defendants/insured.
The Defense and Litigation of Traumatic Brain Injury (TBI) Claims
The discussion will explore initial diagnosis through expert selection, and breaking down the defense and litigation of traumatic brain injury (TBI) claims. The panel will also discuss TBI and how to review the records associated with a claim, review the selection of experts, and recommend best practices in handling those TBI claims.
The discussion will explore initial diagnosis through expert selection, and breaking down the defense and litigation of traumatic brain injury (TBI) claims. The panel will also discuss TBI and how to review the records associated with a claim, review the selection of experts, and recommend best practices in handling those TBI claims.
Top Ten: A Claims File Wish List
Attorneys and claims professionals come together for a roundtable discussion to share their top ten list of the information and documents counsel is looking for to help best formulate a litigation plan and develop a winning defense for a new claim.
Attorneys and claims professionals come together for a roundtable discussion to share their top ten list of the information and documents counsel is looking for to help best formulate a litigation plan and develop a winning defense for a new claim.
Thursday, May 18, 2023
The Ethics in Claims Handling
In this interactive discussion, we review five pillars of ethics in claims handling and consider why ethics are so important in our industry and how to preserve ethical behavior in your dealings as a claims professional. Attendees will leave with an understanding of the Unfair Claims Practices Act, conflicts of interest, and proper codes of professionalism.
In this interactive discussion, we review five pillars of ethics in claims handling and consider why ethics are so important in our industry and how to preserve ethical behavior in your dealings as a claims professional. Attendees will leave with an understanding of the Unfair Claims Practices Act, conflicts of interest, and proper codes of professionalism.
A New Frontier: Remote Work and Workers Compensation Claims
The post-pandemic rise in the remote workforce raises plenty of related workers compensation issues and new considerations. This roundtable discussion will look at the implications on liability and risk management, especially in handling of workers compensation claims, various aspects of risk management and claims handling for remote injuries, including prevention, investigation, and a case law review. Panelists also will address how the shift to more virtual work settings provides an opportunity to reduce costs and risks and discuss the potential advantages and downsides to a more hybrid work model – both for the employee and the employer.
The post-pandemic rise in the remote workforce raises plenty of related workers compensation issues and new considerations. This roundtable discussion will look at the implications on liability and risk management, especially in handling of workers compensation claims, various aspects of risk management and claims handling for remote injuries, including prevention, investigation, and a case law review. Panelists also will address how the shift to more virtual work settings provides an opportunity to reduce costs and risks and discuss the potential advantages and downsides to a more hybrid work model – both for the employee and the employer.
Top Leadership Tips from Women in Risk Management, Retail, and Workers Comp Litigation
While great strides had been made toward promotion of diversity and inclusion in the work claims industry prior to the COVID-19 pandemic, a major economic impact concern coming out of the pandemic is the widening gender disparity in the labor market. Top leaders in their fields will discuss lessons learned regarding leading through transition (and beyond) for successful approaches to claims handling and tips on the technology of change, also vital toward enhancement of professional competence in the workers compensation space and success in the retail industry.
This session does not qualify for CE credit in Georgia or Texas.
While great strides had been made toward promotion of diversity and inclusion in the work claims industry prior to the COVID-19 pandemic, a major economic impact concern coming out of the pandemic is the widening gender disparity in the labor market. Top leaders in their fields will discuss lessons learned regarding leading through transition (and beyond) for successful approaches to claims handling and tips on the technology of change, also vital toward enhancement of professional competence in the workers compensation space and success in the retail industry.
This session does not qualify for CE credit in Georgia or Texas.
No Laughing Matter: Civil Money Penalties and Conditional Payment Recoveries in Medicare Workers Comp Claims
With hundreds of thousands of dollars per claim potentially on the line, this session will provide the details regarding what Medicare’s civil money penalties (CMP) structural and procedural framework will look like, including details on when Medicare will/will not impose CMPs. Presenters will also share insights into how serious Medicare is about recovering conditional payments, including a statistical analysis and an update on the resolution process.
With hundreds of thousands of dollars per claim potentially on the line, this session will provide the details regarding what Medicare’s civil money penalties (CMP) structural and procedural framework will look like, including details on when Medicare will/will not impose CMPs. Presenters will also share insights into how serious Medicare is about recovering conditional payments, including a statistical analysis and an update on the resolution process.
When a Tree Falls in the Forest… Does It Have a Claim?
This roundtable will include a rundown of strategies and procedures for employers to use at the outset of an unwitnessed workers compensation claim, including how to prepare and provide defense counsel with what they need to prevail.
This roundtable will include a rundown of strategies and procedures for employers to use at the outset of an unwitnessed workers compensation claim, including how to prepare and provide defense counsel with what they need to prevail.
Don’t Go in Blind: Defending Unwitnessed Workers Compensation Cases
When confronted with unwitnessed, red flag, questionable claims, what should you do? This panel of experts will cover the best approach to these tricky claims from all angles, the importance of early, prompt investigation, and take a look at what should be done immediately upon report from the employer, carrier, and defense counsel standpoints.
When confronted with unwitnessed, red flag, questionable claims, what should you do? This panel of experts will cover the best approach to these tricky claims from all angles, the importance of early, prompt investigation, and take a look at what should be done immediately upon report from the employer, carrier, and defense counsel standpoints.
One Less Workers Compensation Zombie in the Apocalypse
From opioids to benzodiazepines to medical cannabis, workers compensation historically relies too heavily on the long-term prescribing of medication that takes perfectly functioning workers and turns them into...well...zombies. Join industry experts as they explore an alternative solution and the legal strategies that are succeeding in changing the "stoner" culture of workers compensation.
From opioids to benzodiazepines to medical cannabis, workers compensation historically relies too heavily on the long-term prescribing of medication that takes perfectly functioning workers and turns them into...well...zombies. Join industry experts as they explore an alternative solution and the legal strategies that are succeeding in changing the "stoner" culture of workers compensation.
Safely Traversing the Minefield of Permanent Work Restrictions
Companies, after providing medical care and temporary disability payments to an injured worker, are too often faced with the additional challenges posed when that person is left with permanent restrictions resulting from their work injury. This roundtable will discuss the obligations of the claims professionals in those situations, including effective strategies to minimize exposure and achieve file closure in a timely and cost-effective manner.
Companies, after providing medical care and temporary disability payments to an injured worker, are too often faced with the additional challenges posed when that person is left with permanent restrictions resulting from their work injury. This roundtable will discuss the obligations of the claims professionals in those situations, including effective strategies to minimize exposure and achieve file closure in a timely and cost-effective manner.
