Workers’ Comp Case Tactics: Analyzing attorney’s top mistakes in case preparation

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

• Discovery Disasters
• 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

• Timing Considerations
• Being Unprepared
• 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

• Fee calculations
• Jurisdictional concerns
• Liens and commitments

V. Mistakes When Dealing with Workers’ Comp Medicare Set-Asides and Medicaid Liens | 1:25pm – 1:40pm