2020 CLM Workers Compensation and Retail, Restaurant and Hospitality Conference - Schedule ­

Schedule/Sessions

2020 CLM Workers Compensation and Retail, Restaurant and Hospitality Conference

June 16, 2020 11:00 AM ET

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Session 1 - Human Trafficking — The Silent Risk

June 16, 2020 11:00 AM ET

This session will discuss an overview of the shifting landscape of anti-trafficking work. The audience will learn about evolving case law and legislation, red flags of human trafficking, how the insurance industry is responding to the uptick in related claims, and how social media is being used to ensnare victims and combat traffickers. 

The panel will lead discussions on what is human trafficking and the two primary types — labor trafficking and sex trafficking. They will also address legislation at state and national level, industries affected by trafficking and insurance fraud risks, and trafficking via social media and internet.
 

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Session 1 - QCARE — Embracing Negligence Liability Exposure for Better Medical Outcomes and Cost Savings

June 16, 2020 11:00 AM ET

QCARE may be the most significant innovation in the field of workers compensation in the past quarter century. QCARE is a no-cost, voluntary, online designation to recognize employers with a responsible Texas injury benefit program that satisfies high industry standards emphasizing legal compliance, fairness in benefit delivery, insurance protections, and professional claims administration. It raises the bar on standards for a competitive alternative to traditional workers compensation. And rather than focus on how to avoid employer tort liability exposure, QCARE embraces tort liability exposure as a powerful force for good in driving safer workplaces, customer service, better medical outcomes for injured workers and cost savings. Attendees will understand the requirements for QCARE designation, including applicable state/federal laws, key injury benefit plan design elements, and requirements for insurance and claims administration.

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Session 1 - Should I Talk to You? Potential Issues in Communicating with Brokers and Claims Advocates

June 16, 2020 11:00 AM ET

The panel will discuss issues related to attorney-client privilege in the defense of matters and communications with brokers and claims advocates that are not related to the defendant’s insurer or defense counsel. As individuals in these roles increase to assist in the claims management process, insurers, defense counsel, and defendants should consider what information is appropriate to provide from a claim file to these various parties.

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Break

June 16, 2020 12:00 PM ET

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Session 2 - Age of Technology — Managing Workers Compensation Claims and Litigation Today

June 16, 2020 12:20 PM ET

Technology is ingrained as an aspect of everyday life both at work and at home. With wearable devices such as Fitbits and smart watches, as well as social media, employees and employers are utilizing technology in unprecedented ways. This session will focus on both an overview of legal and medical breakthroughs, challenges, and strategic management of technological utilization in workers compensation claims. Specifically, it will focus on how technology can be used to monitor employee performance and safety, enhance post-injury care, and create additional opportunities for employees to return to work.  Participants will also join in the conversation on how various issues and barriers from both the employer/administrator/insurer and the injured worker points of view must be considered when using technological advances in the workers compensation claims management process.

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Session 2 - Start from the End — Managing High Exposure Litigation with Questionable Liability

June 16, 2020 12:20 PM ET

The session focuses on working a case backwards — beginning with an understanding of what the end goal is for each case, and managing the cost to get there. The panel will address initial reporting, budgeting, and setting realistic reserves, as well as detailed updating throughout litigation. The panel will also address building discovery with a focus on summary judgment. Participants will better understand how to evaluate specific venues, trial trends, and judge tendencies. The discussion will also outline jury research and jury selection tactics to manage the exposure of the case and associated costs. Finally, compassion and reptile elements of numerous cases will be addressed to highlight how to properly value a case, including costs, from the beginning to reach the end goal.  

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Session 2 - Work Comp? Premises Liability? You Can’t Have It Both Ways

June 16, 2020 12:20 PM ET

What happens when an employee is also a customer and an incident occurs? Does it matter if the person started the day as an employee, but ends the day as a customer? This session will discuss the intersection of a workers comp claim and a premises liability cause of action using an actual lawsuit involving a national retailer. The issues discussed will include the fraud and dual capacity exceptions to workers comp exclusivity as applied to a retailer, as well as the successful trial strategies used including the exclusion of the plaintiff's liability expert; the admission into evidence at trial of the comp benefits provided to the plaintiff and the basis for granting of a non-suit. The strategies and legal arguments used can be applied to other lawsuits and claims to assist in understanding and defining the risk that others may face.

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Break

June 16, 2020 1:20 PM ET

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Session 3 - Premier Session: Find, Develop and Retain – Mining the Next Gen of Leaders

June 16, 2020 1:40 PM ET

Executives from the RRH & WC industries share thoughts and insights on developing the Next Generation of Leaders. The panelist discuss their experience on the struggles and strategy necessary to ensure the Next Gen is ready to assume the leadership reins.  Focus is given to specific strategies in the recruitment and retention of key talent that will emerge as the Next Gen Leadership.

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Break

June 16, 2020 2:40 PM ET

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Session 4 - Lawyers, Guns and Money — Negligent Security Claims in the Age of Gun Violence

June 16, 2020 3:00 PM ET

This session will include an overview of Premises Liability, focusing on the duty to foresee, prevent, and protect against gun violence. Is there a duty to screen for weapons and monitor social media for threats against your clientele? How is comparative fault applied and how is fault allocated between the respective parties? We will also discuss differences in joint and several liability, appropriate affirmative defenses, selection of experts as well as strategies in developing expert testimony. Our panel will discuss techniques in identifying potentially favorable jurors for these often complex cases.

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Session 4 - Malingering — Perpetuating Fraud

June 16, 2020 3:00 PM ET

A 2002 study in Journal of Clinical and Experimental Neuropsychology found that up to 29 percent of personal injury and 30 percent of disability claims involved possible malingering and symptom exaggeration, compared to probable malingering in up to 8 percent of medical cases not related to litigation. Malingering is a difficult diagnosis to prove. Courts generally view evidence in the light most favorable to the patient. Additionally, physicians base their opinions on their patients’ subjective complaints. Doctors need to trust their patients in order to effectively treat and support their patients.

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Session 4 - Survivor — Workers Compensation Edition

June 16, 2020 3:00 PM ET

When a valid workers compensation claim is made, the goal is a fair and swift resolution. Contested claims are a different story. Winning a contested claim is the goal for employers and insurance companies. However, employers are all too well aware that winning every contested claim is not possible. The realistic approach to claims resolution is to poke multiple holes in the employee's claim, thereby posturing the company for the best settlement outcome. This panel will discuss how employers can survive and thrive in the workers compensation claims management arena. Learn how two national companies are mitigating  exposure and bolstering defenses with strategic risk management and claims management tactics. From pre-placement physicals, to safety and wellness plans, to employee and management education – you'll hear best-in-class strategies for realistic claims management that can allow for favorable resolution and even immunity from litigation.

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