Workers Compensation Update in Colorado

Transcription

1 Workers Compensation Update in Colorado Moderator: Gregory B. Cairns, Esq. Cairns Nemechek & Magruder, LLC Stephen A. Finley, ARM Denver Public Schools Keith Mottram Ray Lego & Associates Bernard Woessner Nathan, Bremer, Dumm & Myers, P.C. This seminar is designed for human resource professionals, attorneys, occupational health nurses, safety managers, insurance claims representatives, business managers, benefits professionals, risk managers and rehabilitation specialists. Denver, CO August 15, 2008 CONTINUING EDUCATION CREDIT CO CLE 7.0 HRCI 6.00 HRPD 1.0 IACET 0.60 CO INS 6.0 PACE Keeping You Current. Helping You Succeed.

2 Critical Issues on the Agenda 8:30 am 9:00 am Registration DoubleTree Hotel 3203 Quebec Street Denver, CO August 15, :00 am 10:30 am Pre-Employment and Fitness-for-Duty Testing to Avoid or Reduce Claims Gregory B. Cairns, Esq. Testing Rules at the Three Stages of Employment How Screening Can Weed Out Any Frauds and Those Incapable of Safely Doing the Job How Baselining Can Save Thousands Per Case Through Appointment 10:30 am 10:45 am Break New Apportionment Law and How it Affects Apportionment Gregory B. Cairns, Esq. How the New Law Changes the Apportionment Landscape When You Can Apportion and When You Cannot How to Apportion Effectively 10:45 am 12:15 pm Hot Topics Regarding Medical Treatment Strategies Keith Mottram How to Avoid Penalties Following Audits From the Division of Workers Compensation Keith Mottram 12:15 pm 1:15 pm Lunch (On Your Own) 1:15 pm 2:45 pm The Top Five Ways to Prevent Claimants From Getting Attorneys Stephen A. Finley, ARM 2:45 pm 3:00 pm Break How They Fit: Workers Compensation, ADA and FMLA Stephen A. Finley, ARM 3:00 pm 4:30 pm Workers Compensation Rule Changes Bernard Woessner Rule 8, Selection of Authorized Treating Physicians Rule 16, Expansion of Applicability and Prior Authorization Case Law Update Bernard Woessner Important New I.C.A.P. and Colorado Court of Appeals and Supreme Court Decisions Previous attendee comment from another Lorman seminar: Excellent information I can take back to work and apply. Liliana Guzman, Safety Supervisor Cardinal Coach Lines

3 Registration Workers Compensation Update Denver, CO August 15, 2008 If you need special accommodations, please contact us two weeks in advance of the program. Names of Attendees (Please print clearly) Priority Code Discount Code 1. Name Title 2. Name Title Firm Name Address City State/Zip Telephone ( ) Fax ( ) Approving Manager Name customerservice@lorman.com Website: Mail: Mail this form with payment information to Lorman Education Services, Dept. 5382, P.O. Box 2933, Milwaukee, WI Seminar Tuition (includes free manual with attendance) $329 for a single registrant $319 each for two or more from the same organization Telephone: Fax: Best Value $428 for a single registration ($329) plus CD recording ($99*) of this seminar - Best Value - Includes a CD recording of this seminar with your registration To Order Products From This Seminar Please allow four to six weeks after the date of the seminar for delivery. $349 CD/manual package* $119 manual only* *Add $7 shipping/handling, plus applicable sales tax, to product orders. If tax-exempt, please include your certificate. Title Check enclosed payable to Lorman Education Services Charge to credit card AE MC VISA Signature Card number Exp. Date 2008 Lorman Education Services. All rights reserved. Cancellations: Substitute registrants are welcome and may be named at any time. If you cancel six or more business days in advance, you will receive a full refund, less a $20.00 service charge. If you cancel within five business days you are not entitled to a cash refund. However, as a courtesy, we will allow you to apply your payment toward any future Lorman seminar within one year from the date you cancel. Please note that if you do not attend and you do not cancel as described above, you are responsible for the entire payment. Lorman disclaims any liability for any other direct or compensatory payment. Seminar ID: Lorman Bookstore ORDER ONLINE Visit us at to get more information on these and other products, and to download electronic manuals immediately. Our policy is to fill all orders with the most recent editions available. Your bookstore item(s) will be shipped within three to five business days, upon receipt of your order. Employment Discrimination Law: a Gender, National Origin and Family Discrimination Update Sex Discrimination in Pay and Equal Pay Act Claims; Same-Sex, Sexual Orientation and Transgender Discrimination; Emerging Trends: Family Responsibilities Discrimination; Is It Something in the Water? Legal Issues Associated With Employees Wanting Babies, Not Wanting Babies, Having Babies and Caring for Babies; National Origin Discrimination Claims. Item: CD and $149 $79 $79 Immigration Law and Employer Compliance the Government s New Immigration Enforcement Strategy; Compliance vs. Discrimination, How to Walk the Tightrope; Hired! Work Authorized? Completing the I-9; Proactive Employer Compliance; Potential Liability: How Noncompliance Hurts Employers Let Us Count the Ways; the Knock on the Door: Responding to a Raid. Item: CD and $149 $79 $79 Subtotal From Above Shipping & Handling (excludes e-manuals) ($7.00 first item, $1.00 each additional) Sales Tax TOTAL

4 Our Distinguished Faculty Gregory B. Cairns, Esq., is with Cairns Nemechek & Magruder, LLC. Mr. Cairns practice focuses on workers compensation defense and related employment law. Mr. Cairns received a B.A. degree, with honors, in psychology from the University of Wisconsin-Madison and his law degree from The University of Texas at Austin. He is licensed to practice law in the state of Colorado. Mr. Cairns has 25 years of experience as a defense attorney in matters relating to workers compensation and employment law. He has published several articles in The Colorado Lawyer concerning employment issues and prejudgment interest, and has been a frequent speaker concerning workers compensation, pre-employment testing, the Americans with Disabilities Act of 1990, and the Family and Medical Leave Act of Mr. Cairns is the founder and principal instructor for The Center for Workers Compensation Training, a private occupational school. His groundbreaking article on prejudgment interest has been cited favorably two times by the Colorado Supreme Court. Mr. Cairns has served as president of Professionals in Workers Compensation, and he won that organization s honors for Outstanding Respondent Attorney and President s Award for exceptional service. In 2003 he was named one of the Outstanding Lawyers of America. Stephen A. Finley, ARM, became the director of risk management for the Denver Public Schools in October Mr. Finley is responsible for the liability and property insurance and workers compensation programs for the second largest school district in Colorado. The district serves more than 71,000 students with more than 11,500 employees. Mr. Finley has the primary responsibility for the loss control programs, coordination of safety training, risk financing and exposure control. Prior to this, he served for 10 years as the risk manager for the City of Lakewood. At Lakewood, Mr. Finley set up and ran two self-financed programs for workers compensation, and property and casualty. He also managed the employee benefits programs for health, dental, insurance and pension. Mr. Finley is the past president of the Rocky Mountain RIMS Chapter. He is a former board member and officer of the Colorado PRIMA Chapter. Mr. Finley is active in the Colorado legislative process on workers compensation and liability issues. He is a frequent speaker at local and national seminars and conferences on a variety of risk management issues. Mr. Finley is a contributing author for the textbook Risk Management for Public Entities, RMPE 352. In July 2000, he was recognized as a reputational leader in the field of public risk management through a national survey conducted by the Department of Public Administration at The University of North Carolina at Chapel Hill. In May 2002, Mr. Finley was selected as the Risk Manager of the Year by the Public Risk Manager s Association. He graduated from Westminster College in Fulton, Missouri. Mr. Finley received an M.B.A. degree from the University of Portland. He also has the associate in risk management designation. Keith Mottram is with Ray Lego & Associates. His primary area of practice is workers compensation. Mr. Mottram began his career as a workers compensation defense lawyer in Chicago. He has extensive experience defending workers compensation actions in both Illinois and Colorado. Prior to coming to Ray Lego & Associates, Mr. Mottram was an attorney with Clisham, Satriana & Biscan, L.L.C., where he was the lead attorney in the case of FFE Transportation v. Industrial Claim Appeals Office, 93 P.3d 630 (Colo. App. 2004), which established a defense for contract carriers against a claim for workers compensation benefits under a statutory employment argument from an employee of an independent contractor, where the independent contractor did not carry workers compensation benefits. He also co-wrote amicus curiae briefs for the Colorado Self Insurers Association on the Supreme Court decisions of Anderson v. Longmont Toyota, Inc., 102 P.3d 323 (Colo. 2005); and Dillard v. Industrial Claim Appeals Office, 134 P.3d 407 (Colo. 2006). Mr. Mottram earned a B.A. degree in economics from the Colorado College and a J.D. degree from DePaul University College of Law. He is licensed to practice law in both Colorado and Illinois. Bernard Woessner is a shareholder in the firm of Nathan, Bremer, Dumm & Myers, P.C. Since joining the firm, he has handled numerous cases involving law enforcement agencies and officers; and the defense of personal injury actions, civil rights claims, workers compensation claims and other employment-related matters, including Title VII, ADA and ADEA actions. Mr. Woessner is a member of the Defense Research Institute, the Colorado Defense Lawyers Association, and the Denver and Colorado Bar Associations. He also served as a member of the Federal Bar Association s Committee on Pattern Employment Law Jury Instructions. Mr. Woessner obtained a B.A. degree in English from Rutgers College and a J.D. degree from the University of Denver College of Law. He is admitted to practice in Colorado, the U.S. Supreme Court, the U.S. District Court for the District of Colorado and the 10th Circuit Court of Appeals. Additional Educational Opportunities Teleconferences: Not able to commit to a full day? Teleconferences are now available. Visit us at for a complete listing of teleconferences. In-House Corporate Training: If you have a group of 10 or more, it may be beneficial for you to schedule a seminar at your facility. Contact Lorman or us at inhouse@lorman.com to inquire about in-house training on this or other topics. Partnerships: You could earn a referral bonus by becoming a Lorman partner. Visit or call John Kreiner at NEW

5 Seminar Highlights Concerned about how workers compensation law is changing and how your practices may be impacted? Failing to stay on top of current workers compensation issues is risky from interpreting workers compensation laws to defending against claims. Attend this seminar and enhance your knowledge of workers compensation laws while delving into more advanced areas, such as understanding permanent and total disability. Walk away with the skills you need to guard against workers compensation related costs and risks, including lost productivity, determining wages, medical costs, fraudulent claims and administrative costs. Gain strategies you can use immediately in the complex world of workers compensation. Benefits for You Avoid or reduce claims by using pre-employment and fitness-for-duty testing Tips on how to handle audits from the Division of Workers Compensation Find out what you need to know about the new apportionment law Stay up to date on hot topics in medical treatment strategies Learn about workers compensation role changes Free Manual With Attendance Workers Compensation Update Professional Manual You will receive a professionally prepared manual compiled by the faculty specifically for this seminar. The seminar will be recorded. Your registration constitutes your consent to such recording. If you cannot attend, you may order a set of the CDs and the accompanying manual from this program by using the registration form on the inside panel. Continuing Education Credit Please remember to bring your license number, ID or other necessary information to the seminar. This will ensure timely reporting of continuing education credit. Please visit our website at for continuing education credit details as well as updates on any pending credits. Lorman Business Center, Inc. has been approved as an Authorized Provider by the International Association for Continuing Education and Training (IACET), 8405 Greensboro Drive, Suite 800, McLean, VA In obtaining this approval, the Lorman Business Center, Inc. has demonstrated that it complies with the ANSI/IACET Standards which are widely recognized as standards of good practice internationally. As a result of their Authorized Provider membership status, Lorman Business Center, Inc. is authorized to offer IACET CEUs for its programs that qualify under the ANSI/IACET Standards. Lorman Business Center, Inc. will award 0.60 CEUs to participants who successfully complete this program. Participants must complete an evaluation in order to receive CEUs. Please verify applicability with your professional board before attending. IACET Learning Objectives The attendee will be able to: identify ways in which to avoid penalties following an audit discuss the interplay between the ADA, FMLA and workers compensation laws review ways in which to prevent claimants from getting attorneys This program has been approved by the Colorado Supreme Court Board of Continuing Legal and Judicial Education for 7.0 hours of CLE. This program has been approved for 6.00 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage at www. hrci.org. This course has been reviewed and approved for inclusion in the Human Resource Professional Development0 Certificate Program and qualifies for 1.0 credit. Please visit for more information. This course is approved by the Colorado Division of Insurance for Continuing Insurance Education Credit in the amount of 6.0 hours. This seminar qualifies for 7.0 PACE credit hours for CLU, RHU, REBC, CLF and ChFC.

6 Workers Compensation Update in Colorado Denver, CO August 15, 2008 Benefits for You Avoid or reduce claims by using pre-employment and fitness-for-duty testing Tips on how to handle audits from the Division of Workers Compensation Find out what you need to know about the new apportionment law Stay up to date on hot topics in medical treatment strategies Learn about workers compensation role changes EXPRESS REGISTRATION - Sign up at using the seminar ID # listed below Seminar ID: Presorted Standard U.S. Postage Paid Permit No Eau Claire, WI Priority Code: 17129