This presentation will be an interactive (question welcome) discussion of the challenges and pitfalls of litigating, mediating, and settling a workers’ compensation case. There will be procedural, substantive, evidentiary, and philosophical issues addressed.
This course is co-sponsored with myLawCLE.
Key topics to be discussed:
Case Preparation - Top Attorney Mistakes
Medical Evidence and Discovery Errors That Will Cost You
Potential Pitfalls in Mediation
Settlement Mistakes You May Unknowingly Be Making
Mistakes When Dealing with Workers' Comp Medicare Set-Asides and Medicaid Liens
Date / Time: December 21, 2023
12:00 pm – 1:40 pm Eastern
11:00 am – 12:40 pm Central
10:00 am – 11:40 am Mountain
9:00 am – 10:40 am Pacific
David W. Langham | Office of Judges of Compensation Claims
David W. Langham is Florida Deputy Chief Judge of Compensation Claims, a position he has held since 2006. His legal experience includes workers’ compensation, employment litigation, and medical malpractice. He has delivered in excess of 1,800 professional lectures, published over 40 articles in professional publications and has published over 1,600 blog posts regarding the law, technology, and professionalism. David is a student, a teacher, a critic, a coach, and a leader. He lives in Pensacola, Florida with his wife Pamela Langham, Esq.
I. Case Preparation – Top Attorney Mistakes | 12:00pm – 12:20pm
Is There Actually a Claim?
Where is the claim most appropriate?
What is the law, and why is it shifting?
Evaluation of Disability Benefits – Common Oversights
Key Obstacles in Obtaining Evidence (From Both Sides of the Aisle)
Affirmative Defense Stumbling Blocks: Intoxication, Horseplay, etc.
The persistent process for pretrial
II. Medical Evidence and Discovery Errors That Will Cost You | 12:20pm – 12:40pm
Problems With Medical Evaluations and Independent Medical Examinations (IMEs)
Challenges with Expert Medical Advisors
Dangers Posed by Pre-Existing Conditions (pre-morbidity)
Challenges with co-morbidities
Failing to Perfect Narrative When Causation Is Highly Contested
Disagreements Over Impairment Ratings: What You Need to Know and Do
Subjective Issues: Stress, Pain, etc.
III. Potential Pitfalls in Mediation | 12:40pm – 1:00pm
At the Conference – Common Mistakes to Avoid During Mediation
Big Post-Conference Don’ts
Break | 1:00pm – 1:10pm
IV. Settlement Mistakes You May Unknowingly Be Making | 1:10pm – 1:25pm
Liens and commitments
V. Mistakes When Dealing with Workers’ Comp Medicare Set-Asides and Medicaid Liens | 1:25pm – 1:40pm