Top Practice Tips for Litigating a Complex PD Case:
Three preeminent workers’ compensation professionals will provide insightful analysis of hypotheticals and elaborate upon the various mechanisms for obtaining substantial medical evidence in cases where the primary issue is level of permanent disability. The panel will discuss when and how a judge might entertain a motion to develop the record as well as key litigation strategies. The panel will provide an in-depth “how-to” roadmap for litigating a permanent disability case, from discovery issues to when and how to appeal the decision. Issues such as completing the MSC Statement, burden of proof, legal standards, interpreting the AMA Guides, and handling live testimony will be discussed.
The Rolda Analysis and a Comprehensive Overview for Handling Psyche Claims Post SB-863:
The psyche claim is perhaps the most difficult claim to handle for a multitude of reasons. The analysis varies widely from determining causation of psychological injury to the determination of compensable permanent disability and for every rule, there seems to be an exception. In 2001, the WCAB issued an en banc opinion in Rolda v. Pitney Bowes and 16 years later, both physicians and litigators struggle to incorporate a proper Rolda analysis into the medical reports. Judge Eric Ledger will cover the necessary elements of a Rolda compliant report and cover all issues affecting the rating of psychiatric permanent disability post-SB 863.
Practical Issues on Rating PD:
The co-author of a leading treatise on workers’ compensation will provide an insight into three topics including: 1) how permanent disability ratings have changed due to SB 863, where LeBoeuf may have been eliminated for post 1/1/13 injuries, thus rendering vocational counselor reports inadmissible; 2) protecting applicant’s MSA money from bank levies, judgment debts and tax liens; and 3) a delightful explanation of how some applicants earn 7 times more money being off on disability than when working.