WCCA 15 DISCOVERY AND LITIGATION IN CALIFORNIA WORKERS’ COMP CLAIMS
WORKERS’ COMPENSATION CLAIMS
Learn the essentials of discovery and litigation in an insurance setting. Understand the rules of discovery as they relate to workers’ compensation litigation. Confidently recognize how the medical-legal process differs for unrepresented employees versus represented employees. Better serve your clients with your enhanced knowledge of the appeals’ process for workers’ compensation cases. Demonstrate your commitment to your customers. Effectively apply strategic concepts to your everyday work.
- Discovery, service of medical reports, witness interviews and statements, and depositions – From this base, the Medical-Legal process and controlling Labor Codes are presented, including key concepts of evidence, reports and evaluators
- The medical-legal process for a represented employee, including how to request a qualified medical evaluator (QME), criteria for panel selection and resolving disputes, the striking process, and compelling attendance at medical examinations.
- The medical-legal process for unrepresented employees including treatment of the procedures governing a QME’s selection and use, communicating with and obtaining reports from QMEs and agreed medical evaluators, disclosure requirements, evaluation requirement
- What medical-legal expenses an employer is and is not obligated to pay
- The litigation process, application for adjudication by the WCAB, conferences and hearings regarding the declaration of readiness to proceed (DOR), status conference and the mandatory settlement conference
- The parties and lien claimants who are required to appear at hearings, the penalties for failure to appear, and what constitutes good cause for failure to appear is revealed
- The trial phase: how workers’ compensation trials differ from regular civil trials, the aspects of evidence at workers’ compensation trials, how stipulations, issues, and exhibits are read into evidence and use of witness testimony
- Findings and awards including petition for reconsideration and appeal.
- The five available grounds for a petition and the process for starting and moving a petition through the WCAB.
- How the California Appeals Court works when a dispute moves out of the WCAB
- Time limits, scope, standards, form, and service are covered
Who should attend:
- Workers’ compensation claims adjusters
- Medical only claims adjusters
- TPA / Self-insured claims personnel
- Agent/Broker workers’ compensation claims staff