basics of comp

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Workers Comp Basics

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Workers Comp Basics

Who Am I and Why Am I Here?

I am John

I practice here

And here

How to Represent Someone in a

Workers Comp Hearing

Workers Comp Issues

Course and Scope

Extent of Injury

Waiver

Important Issues

Attorney

Presenting your case in court

Beginning the Process

BRC

Benefit Review Conference

BRC

Mediation

Charge Conference

The Benefit Review Officer

“BRO”

Contested Case Hearing

Trial of a WC Case

Discovery

15 Days

All medical records, reports and expert

reports

All witness statements

Persons with knowledge of relevant facts

All exhibits

Contrast with BRC“Pertinent”

You failed to exchange

Good Cause

Hearing Officer

HO

There are HOs

and then there are HO’s

InterrogatoriesForm Interrogatories

Interrogatories20 days before CCH

InterrogatoriesNo Meaningful Sanction for

Non-responsiveness

Depositions

Who is a Health Care Provider?

You cannot depose HCP’s in person, it has to be by

written questions

The Hearing

Time Limits

No time for real examination

Expedited Proceedings

Summary Procedures

Exhibits

Hearsay is Okay

Double Hearsay is Okay

Triple Hearsay is Okay

Late exchange is not Okay

Marking up exhibits is Okay

Witness statements must have some

indicia of authenticity

EXPERT WITNESS

Where to Find Dirt

Websites•American Academy of Orthopedic

Surgeons

•American Academy of Pain Medicine

•American Board of Internal Medicine

•American Board of Psychiatry and Neurology

you may not know...

radiologists

should not wear white coats

when reading films

Doctor, I notice..

white coat

Do you ALWAYS

white coat

Websites•American Academy of Orthopaedic

Surgeons

•American Academy of Pain Medicine

•American Board of Internal Medicine

•American Board of Psychiatry and Neurology

Websites

•Trialsmith

Websites

•Trialsmith

“Herniations are Degenerative”

Websites

http://delicious.com/txworkerscomp

Getting Paid

Keep track of time

If you want to practice here

Retire

Justice