institute 15 simulcast locations workers’ compensation · [ethical issues in workers’...

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5080 Ritter Road, Mechanicsburg, Pennsylvania 17055-6903 NONPROFIT ORG. U.S. POSTAGE PAID Pennsylvania Bar Institute Pittsburgh • Thurs., May 6 Camp Hill • Mon., May 10 Philadelphia • Mon., May 24 (morning) & Tues., May 25 (afternoon) Webcast • Tues., May 25 15 Simulcast Locations • Tues., May 25 800-247-4724 / www.pbi.org SUBSTANTIVE CLE Credits (and 1 optional ethics credit) 4 Workers’ Compensation PRACTICE & PROCEDURE 2010 The latest edition of our flagship course, book – and CD-ROM! Simulcast Tues., May 25, 2010 (MORNING PROGRaM) Live Webcast Tues., May 25, 2010 (MORNING PROGRaM) Pittsburgh Thurs., May 6, 2010 (MORNING PROGRaM) Camp Hill Mon., May 10, 2010 (afTeRNOON PROGRaM) Philadelphia Mon., May 24, 2010 (afTeRNOON PROGRaM) Tues., May 25, 2010 (MORNING PROGRaM) allentown Chambersburg Doylestown easton erie Greensburg Lebanon Meadville Mill Hall Montrose Norristown Stroudsburg Uniontown Wilkes-Barre York Workers’ Compensation PRACTICE & PROCEDURE 2010 The latest edition of our flagship course, book – and CD-ROM! Get the latest edition of the “bible” of Pennsylvania Workers’ Compensation Practice & Procedure SUBSTANTIVE CLE Credits (and 1 optional ethics credit) 4

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Page 1: Institute 15 Simulcast Locations Workers’ Compensation · [Ethical Issues in Workers’ Compensation Practice] eaRLY* STaNDaRD $35 $45 Pre-registered attendees $49 $49 all others

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800-247-4724 / www.pbi.orgSUBSTANTIVE CLE Credits (and 1 optional ethics credit)4

Workers’ Compensation

PRACTICE & PROCEDURE2010

The latest edition of our flagship course, book – and CD-ROM!

Simulcast Tues., May 25, 2010 (MORNING PROGRaM)

Live WebcastTues., May 25, 2010 (MORNING PROGRaM)

PittsburghThurs., May 6, 2010 (MORNING PROGRaM)

Camp HillMon., May 10, 2010 (afTeRNOON PROGRaM)

PhiladelphiaMon., May 24, 2010 (afTeRNOON PROGRaM)

Tues., May 25, 2010(MORNING PROGRaM)

allentown

Chambersburg

Doylestown

easton

erie

Greensburg

Lebanon

Meadville

Mill Hall

Montrose

Norristown

Stroudsburg

Uniontown

Wilkes-Barre

York

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Get the latest edition of the “bible” of

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Page 2: Institute 15 Simulcast Locations Workers’ Compensation · [Ethical Issues in Workers’ Compensation Practice] eaRLY* STaNDaRD $35 $45 Pre-registered attendees $49 $49 all others

23365882

shs 12/2/09

2 7

Name _________________________________________________________atty. #_________________

firm__________________________________________________________________________________

address______________________________________________________________________________

City______________________________________________________State______Zip______________

e-mail________________________________________________________________________________

Phone_______/_______-______________________faX_______/_______-_______________________

I have enclosed my discount coupon in the amount of

$______ for my 1st 2nd 3rd 4th 5th seminar.

a check made payable to PBI for $____________ is enclosed.

Charge my:

Card #________________________________________________ exp. Date____________

Signature__________________________________________________________________

Registration PolicyPreregistration is encouraged; walk-in enrollments will be accepted on a space available basis. Preregistered students will receive priority on the distribution of course materials. Those intending to register at the door should telephone PBI at (800) 932-4637 to confirm that there have been no schedule changes and that the registration remains open.

Cancellation PolicyIn order to receive a refund for cancellation (less a $25 administrative fee), you must notify PBI by mail or FAX no later than 2 working days prior to the course presentation date for the appropriate site. Otherwise, you will receive the course materials in full consideration of tuition paid.Weather Related CancellationsCheck www.pbi.org or call (800) 932-4637 ext. 2205.Registration TransfersRequests for transfers will be honored if they are received prior to the date of the course.ScholarshipsPBI offers substantially reduced tuition for most PBI seminars to allow attorneys experiencing financial hardship to fulfill their mandatory education requirement. For details and an application, contact the Scholarship Administrator at [email protected] or (800) 932-4637 Ext. 2284 at least 30 days before the program. Go to www.pbi.org and click the Scholarship link for instructions on applying, and to print a scholarship application form.Services for Persons with DisabilitiesIf special arrangements are required, please contact Customer Service at (800) 932-4637 at least ten days prior to the presentation date.Faculty SubstitutionPBI reserves the right to substitute any speaker at any time.Registration ConfirmationBe sure to include your email address on the registration form to receive a confirmation. Expedite your check-in by bringing this confirmation to the program, but it is not required for admission.

The course: informative, entertaining, fast-paced, and �thought-provoking.

The “bible” (in both hard copy and on CD-ROM) of �Pennsylvania workers’ compensation law, which can be found in the chambers of the Commonwealth court, in workers’ compensation judges’ hearing rooms, and on lawyers’ desks across the state.

This is it! THE program for every workers’ compensation practitioner, bringing you up-to-date on recent developments in a thought-provoking format focusing on the most important issues today. Building on an award-winning tradition of excellence, the Course Planning Committee brings you the latest editions of:

Tuition [Workers’ Compensation Practice & Procedure 2010]

eaRLY* STaNDaRD $349 $374 Members — Pa., or any co. bar assn.

$299 $324 Members admitted after 1/1/06

$399 $424 Nonmembers

$199 $224 Paralegals attending with an attorney

$249 $274 Paralegals attending alone

$175 $200 Judges and judicial law clerks (including WCJs, members and employees of the WCaB, the WC Bureau & Dept. of Labor and Industry)

$150 $175 Judges and judicial law clerks (admitted after 1/1/06) (including WCJs, members and employees of the WCaB, the WC Bureau & Dept. of Labor and Industry)

n Go to webcasts.pbi.org for webcast tuition and to register. Online tuition differs from live course tuition. Sorry, we cannot accept checks for online CLe.

Course Materials[Workers’ Compensation Practice & Procedure 2010] QTY EACH AMOUNT

Course Book w/CD-ROM (single copy) (2010-5882) $149 ea

Course Book w/CD-ROM (2-5 copies) $129 ea

Course Book w/CD-ROM (6 or more copies) $99 ea

audio CD (aCD-5882) $39 ea

audio CD & Book/CD-ROM Set (aCDS-5882) $179 ea

Shipping $6.00

Subtotal

add 6% Pa Sales Tax

Total

Tuition [Ethical Issues in Workers’ Compensation Practice]

eaRLY* STaNDaRD $35 $45 Pre-registered attendees

$49 $49 all others

Sorry – not available after webcast or simulcasts.

Workers’ Compensation Practice & Procedure 2010Dates & Locations

Pittsburgh Thurs., May 6, 2010

Philadelphia – Afternoon Program Mon., May 24, 2010

Camp Hill Mon., May 10, 2010

Philadelphia – Morning Program Tues., May 25, 2010

Simulcast • Tues., May 25, 2010

Location: _____________________________________________________________

MAIL: PBI, 5080 Ritter Rd. Mechanicsburg, Pa

17055-6903

FAX: (717) 796-2348

PHONE:(717) 796-0804 (800) 247-4724 (800) 932-4637

ONLINE: www.pbi.org

*Registrations received 3 or

more business days before the

presentation qualify for the Early

Registration Discount.Workers’

CompensationPRACTICE & PROCEDURE

2010

You Said It...A home run.

Speakers actually saying “do this” or “do that.” That was great.

Good—short bursts of information.

Breadth, currency, clarity.

The best thing about this course is the yellow book— it is indispensable.

It is the place to be for WC lawyers.

This program has been approved by the Pennsylvania Continuing Legal Education Board for 4 hours of CLE credit in substantive law.

SUBSTANTIVE CLE Credits4 ETHICS Credit [optional add-on]1Ethical Issues in Workers’ Compensation Practice (see pg. 4) has been approved by the Pennsylvania Continuing Legal Education Board for 1 hour of CLE credit in ethics.

Page 3: Institute 15 Simulcast Locations Workers’ Compensation · [Ethical Issues in Workers’ Compensation Practice] eaRLY* STaNDaRD $35 $45 Pre-registered attendees $49 $49 all others

36

Simulcast • Tues., May 25, 20108:25 am to 12:45 pm; check-in begins at 8:00 am

Don’t Want to Travel? Take the Course Live on the Web!The CLE Board permits you to earn up to four credits by distance education (sorry: distance credits cannot be carried forward). This course is offered via live webcast to your personal computer, direct from our CLE Conference Center in the Wanamaker Building in center-city Philadelphia.

Go to our Online Campus at onlinecle.pbi.org to test your system and register (note: online tuition differs from walk-in tuition). Then stay in the comfort of your home or office on May 25 as you join hundreds of your colleagues to catch up on the latest developments. Important note: Call Customer Service about credit in other jurisdictions or in other professions.

NOTE: PBI’s webcasts and other online courses are fully electronic: you watch the course on your computer and are given a complete, fully searchable electronic copy of all course materials, which you can save on your computer for permanent reference. As soon as the materials have been published, they are available to anyone who has purchased the course.

The book for this course (the “bible” of Pennsylvania workers’ compensation) was produced by our PBI Press, professionally typeset, indexed, and bound. A downloadable copy is included with your webcast registration.

After you sign up for the webcast, you will have access to a special order form for a “hard” copy of the “bible” at a nominal fee ($30) to cover printing, processing your order, packaging, and shipping direct to you. It is a courtesy to you, our online customer. You will receive everything anyone who ordered the book separately would receive, including the accompanying CD-ROM. Allow several weeks for processing; the book will be published in early May.

Live Webcast • Tues., May 25, 20108:25 am to 12:45 pm; check-in begins at 8:00 amGo to webcasts.pbi.org to register.Subject to the 4-credit distance ed limit.

Pittsburgh • Thurs., May 6, 2010David L. Lawrence Convention Center 1000 ft. Duquesne Blvd.8:25 am to 12:45 pm; check-in begins at 8:00 am

Camp Hill • Mon., May 10, 2010Radisson Penn Harris, Routes 11 & 1512:25 pm to 4:45 pm; check-in begins at noon

Dates & Locations

MontrosePenn State Susquehanna Co. Cooperative ext. County Office Building 31 Public ave

Norristown Montgomery Bar assn. 100 W. airy St.

StroudsburgMonroe Co. Bar Center 913 Main St.

UniontownPenn State University fayette Campus eberly Corporate Training Center Route 119 North

AllentownBar assn. of Lehigh Co. 1114 Walnut St.

Chambersburg franklin Co. Bar assn. 100 Lincoln Way east

DoylestownBucks Co. Bar assn. 135 e. State St.

EastonColonial I.U. 20 6 Danforth Drive

Erieerie Co. Bar assn. 302 W. Ninth St.

GreensburgWestmoreland I.U. 7 102 equity Dr. auditorium

LebanonLebanon Co. Municipal Bldg., 400 S. 8th St. auditorium

Meadvilleeconomic Progress alliance Conference Center William J. Douglass Jr. Corporate Conference Ctr. 764 Bessemer St.

Mill HallClinton Couty Coop. ext. Resource/education Center 47 Cooperation Lane

Course Planning Committee

Wilkes-Barre Kings College Sheehy-farmer Campus Center Lane’s Lane

YorkYork College of Pa Business admin. Building, Room 302

PhiladelphiaThe CLe Conference Center, Wanamaker Building 10th floor, Ste. 1010, Juniper St. entrance (between 13th & Broad Sts., opposite City Hall)

Mon., May 24, 2010: AFTERNOON PROgRAM12:25 pm to 4:45 pm; check-in begins at noon

Tues., May 25, 2010: MORNINg PROgRAM8:25 am to 12:45 pm; check-in begins at 8:00 am

The Course Planning Committe plans and presents this course, and writes the definitive “bible.” The year to the right of each bio

indicates when this person joined the team.

Barbara L. Hollenbach,Esq.TaLLMaN, HUDDeRS & SORReNTINO THe PeNNSYLvaNIa OffICe Of NORRIS MCLaUGHLIN & MaRCUS, P.a., aLLeNTOWNMs. Hollenbach has 30 years of experience in defending workers’ compensation matters on behalf of insureds and self-insureds and is a frequent writer and lecturer on workers’ compensation topics. She is the immediate past chair of the PBA Workers’ Compensation Law Section.

Hon. Joseph HakunWORKeRS’ COMPeNSaTION JUDGe, OffICe Of aDJUDICaTION, MaLveRNJudge Hakun hears cases at Malvern, Pennsylvania and has been with the Department of Labor and Industry since 1985. Since the late 1980s, he has served on the Workers’ Compensation Rules Committee, appointed by the Secretary of Labor and Industry, and its predecessor, the Committee for Referees’ Rules and Procedures. While in private practice, he engaged extensively in workers’ compensation law representing both claimants and carriers.

John W. McTiernan,Esq.CaROSeLLI, BeaCHLeR, MCTIeRNaN & CONBOY, PITTSBURGHMr. McTiernan chairs the Workers’ Compensation Rules Committee, appointed by the Secretary of Labor and Industry, and has served on that committee and its predecessor since 1993. He is a past chair of the PBA Workers’ Compensation Law Section, a past chair of the Allegheny County Bar Association Workers’ Compensation Section, and a past member of the Board of Governors of the Pennsylvania Association for Justice (formerly the Pennsylvania Trial Lawyers Association).

Toni J. Minner, Esq.THOMPSON, CaLKINS & SUTTeR, PITTSBURGHMs. Minner primarily represents insurance companies and self-insured employers in Pennsylvania and West Virginia workers’ compensation litigation. Ms. Minner is a council member and immediate past chair of the Allegheny County Bar Association Workers’ Compensation Section. She serves on the Lawyers’ Assistance Committee of the PBA and on the board (emeritus) of Lawyers Concerned for Lawyers of Pennsylvania, Inc. She participates as a mentor for the Duquesne University School of Law.

Vincent J. Quatrini, Jr., Esq.QUaTRINIRaffeRTY, GReeNSBURGA past chair of the PBA Workers’ Compensation Law Section, Mr. Quatrini has since the late 1990s served on the Workers’ Compensation Rules Committee, appointed by the Secretary of Labor and Industry. Mr. Quatrini pioneered the development of the Pennsylvania Bar Institute’s Medicine for Lawyers series, beginning with a unique program on chronic pain syndrome. He is a past president of the Westmoreland County Bar Association.

Matthew L. Wilson, Esq.MaRTIN, BaNKS, POND, LeHOCKY & WILSON, PHILaDeLPHIaMr. Wilson, a former defense attorney, has exclusively represented the rights of injured workers since 1993. A member of council of the PBA Workers’ Compensation Law Section of the Pennsylvania Bar Association, he is also an active member of the Pennsylvania Association for Justice (formerly the Pennsylvania Trial Lawyers Association), the Philadelphia Trial Lawyers Association, as well as the Workplace Injury Litigation Group.

Joining Mr. Weber for “Recent Developments:”

george Martin, Esq.MaRTIN, BaNKS, POND, LeHOCKY & WILSON, PHILaDeLPHIa

Peter J. Weber, Esq. – Planning Committe ChairWeBeR GaLLaGHeR SIMPSON, STaPLeTON fIReS & NeWBY LLP, PHILaDeLPHIaMr. Weber has represented employers and insurance carriers in Pennsylvania workers’ compensation litigation since 1974. Since 1988, he has served on the Workers’ Compensation Rules Committee, appointed by the Secretary of Labor and Industry, and its predecessor, the Committee for Referees’ Rules and Procedures. In 2002, he and George Martin were honored with the Pennsylvania Bar Association (PBA) Workers’ Compensation Law Section’s prestigious Irvin Stander Award for Professionalism for their incisive recent developments sessions and other service to the profession.

1989

1999

1989

2001

1989

2001

1981

Page 4: Institute 15 Simulcast Locations Workers’ Compensation · [Ethical Issues in Workers’ Compensation Practice] eaRLY* STaNDaRD $35 $45 Pre-registered attendees $49 $49 all others

4 5

In its familiar yellow cover, this book can be found in the chambers of the Commonwealth Court and on the desks of the commissioners of the Appeal Board, workers’ compensation judges, lawyers, and claims personnel throughout Pennsylvania.

The manual is a complete survey of the substantive law of workers’ compensation practice, the Workers’ Compensation Act, and the Pennsylvania Occupational Disease Act.

Every year before the course the authors meet to debate the implications of the latest decisions as they do a thorough review and update of the text. These are some of its handy features:

NEW THIS YEAR: �

Re-worked chapter on � Course and Scope of Employment

Chapter on Utilization Review Process �

Entire book thoroughly updated �

37 chapters, highlighting � important elements of claims and steps in the adjudication process.

Numerous “Comments” offer cautionary notes and suggestions where �the law may be headed.

“Practice Tips” � highlight potential pitfalls and proven techniques.

A chapter on the Heart and Lung Act and other compensation statutes. �

The chapters addressing change of status are organized by moving �party / petition.

Numerous handy charts � summarize applicable Bureau forms and sections of the Act.

The chapter on specific loss includes handy charts listing the statutory �section, nature of injury, benefit period, and healing period.

Easy-to-follow tables � summarizing facts and citations of cases.

PBI’s publications department adds professional resources:

15 handy and practical appendices include three indexes: case names �(cross-referenced under both parties), statutory, and subject matter.

Appendix of Internet resources. �

A detailed table of contents enables you to find what you need quickly. �

The entire book is on searchable CD-ROM as well as in hard copy. �

The latest edition of the “bible” of Pennsylvania Workers’ Compensation Practice & Procedure has

always been a highly valued feature of this course.

Take advantage of our volume discounts to be sure everyone in your office has this essential practice tool!

5 min Welcome

30 min Recent Developments Begun• Ever-popular fast-paced debate-style roundup of recent cases

15 min Strategies for Analyzing the Rules & Exceptions• What is the best way to analyze these cases?

10 min Calculation of Offsets• Net vs. gross • Evidence

15 minLabor Market Survey Update• Riddle on the geographic area for a labor market survey • St. Joe Container and union rights • Is Kachinski dead? What are the viable defenses? • How mentation affects job placement

10 min Calculating Credit for Overpayment• Net vs. gross

10 minBe Careful Out There• Review Petitions after Cinram • Res judicata, technical res judicata, and collateral estoppel under Weney

20 min

Retirement Issues• The worker has been held to have removed him/her self from workforce. What is their burden of proof when they want to return to work? • Preparing older clients for the “backdoor” retirement problem

20 min

Settlement Issues (C&R)• Preparation for mediation • Additional terms and conditions of C&R releases (including disclaimers regarding life-threatening conditions, and clauses rendering it null and void if not finalized before the claimant dies) • Structured settlement: use; how to evaluate; attorneys’ fees • Medicare Set-Asides

15 min Break

30 min Recent Developments Concluded

20 min

More Settlement Issues (C&R)• Pro’s and con’s of doing separate C&Rs for different injuries • C&R of minors in fatal claim petition • Can you waive a death claim? • Post-settlement adjudication (supersedeas fund) • A stipulation is not a C&R

15 min IRE’s: The New Battleground• Does the Johnson case mean you must challenge every IRE right away?

10 min Third-party Settlement Agreements & Lien Enforcement Issues• An overview of cases since the 2008 program

5 min Child Support• How do you interpret the statute? Is the first $5000 exempt?

10 minWithdrawal of Counsel; Trial Schedule; Mandatory/Voluntary Mediation; Challenge Proceedings; Supersedeas• Withdrawal of counsel while a case is pending • Mandatory and voluntary mediation

15 minHot Topics• Disfigurement statute of limitations • Social networking as evidence • Lewis: serial terminations • Notice of ability to return to work, job offer • Sunoco: immunity by contract

15 min Questions and Answers

Spec

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If you find yourself short a CLE credit, or in need of an ethics credit, sign up for a special screening of Ethical Issues in Workers’ Compensation Practice, shown 45 minutes after the main course. (Sorry, not shown after the webcast or simulcast.)

This program featuring video vignettes crafted by Jack Duffy and Bill McKee was recorded at September’s Fall Section Meeting. Enroll and earn credit even if you were at the Meeting; take a second look at some of these tricky issues.

Flash: If you have already met your ethics requirement for the year, the ethics course will count toward your general 12-credit requirement (ethics credits can be used as “wild cards).

Special price for those attending Workers’ Compensation Practice & Procedure:

n $35 Persons registered for Workers’ Compensation Practice & Procedure n $49 All others

PROgRAM SCHEDULE