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  California Workers' Compensation Defense Attorneys' Association
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blank2017 CWCDAA Summer Conference

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2017 CWCDAA Annual Summer Conference
Red Rock Resort & Spa
Las Vegas, NV
June 1-4, 2017

Working Agenda
Session titles, times, presenters, descriptions and MCLE are subject to change.

17 MCLE Units being applied for including:
1.5 Hours of Substance Abuce
1.5 Hours of Mechanism and Rating of Permanent Disability
1 Hour of Ethics
First Time: 4 Hours of DWC QME Units!


Thursday, June 1, 2017

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12:00 - 3:00 PM Board Meeting
Location: Veranda A

The Board Meeting is by invitation only. If you are interested in sitting on the Board or one of our Committee's, please contact Joe Smith at 925-240-9160 x101.
2:30 - 4:30 PM Registration
Location: Summerlin Ballroom

3:00 - 4:30 PM AMA Guides & PDRS: Combating PD Inflation
Session: Thursday Bonus Session
Location: General Session Room
MCLE: 1.5 hours - Mechanism and Rating of Permanent Disability
Presented by: Donald Barthel, Tim Mussack and Dr. TBD
Moderated by: Yvonne Lang
Session Handout: Not yet available

Session Description: Are you overpaying PD? Suffering the onling Almaraz/Guzman woes? Do you know the DEU and AMA Guides tricks of the trade? Don't let your clients pay one penny more than they owe. Learn what tricks doctors (and the DEU and CAAA) know to undercut PD inflation.

Key Learning Objectives

  1. Guzman trends: learn how to spot the abuses and defend against them
  2. Discover how to prepare for doctor depos (for PD and *any* other issue)
  3. Learn about common misapplications of the AMA Guides



Friday, June 2, 2017

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7:00 AM Registration
Location: Ballroom Pre-Function Space

7:00 - 8:00 AM Continental Breakfast
Location: Exhibit Hall

8:00 - 9:00 AM Substantial Evidence and Direct Causation
Session: Session 1
Location: General Session Room
MCLE: 1 hour of Advanced Legal
Presented by: Richard L. Montarbo
Session Handout: Not yet available

Session Description: This session will focus on the requirement of substantial evidence and direct causation in application of Guzman, Ogilvie and the law of apportionment.

Key Learning Objectives

  1. The Law of Apportionment
  2. Requirements for Admissable Evidence
  3. Substantial Evidence and Direct Causation


9:00 - 9:15 AM Scan Break
Location: Exhibit Hall

9:15 - 10:15 AM Apportionment
Session: Session 2
Location: General Session Room
MCLE: 1 hour of Advanced Legal
Presented by: Ken Christopher and Alex Wong
Session Handout: Download Session 2 Handouts

Session Description: The goal is for all participants to have a sound understanding of apportionment to prior awards (4664) and to causation of disability (4663).

Key Learning Objectives

  1. To teach the statutory concept of apportionment, burden of proof, and to go through specific holdings in case law
  2. Discuss the tension between substantial evidence and speculation
  3. Explore how apportionment interacts with presumptions, as well as old schedule and new schedule apportionment to prior awards


10:15 - 10:45 AM Exhibitor Networking Break
Location: Exhibit Hall

10:45 - 12:15 PM Case Law Update: The Most Significant Workers' Compensation Decisions of 2016 & 2017
Session: Session 3
Location: General Session Room
MCLE: 1.5 hour of Advanced Legal
Presented by: Nikki Mehrpoo Jacobson and Justin Williams
Session Handout: Due to the nature of this session, materials are often not available until the week of the conference

Session Description: Applicant Attorney Nikki Mehrpoo Jacobson and Defense Attorney Justin Williams will address recent case law decisions dealing with California Workers’ Compensation Law fom both the Applicant and Defense prespectives and provide strategies to help practitioners in the litigation process.

12:15 - 1:30 PM Lunch
Location: TBD

1:30 - 3:00 PM Legislative Update
Session: Session 4
Location: General Session Room
MCLE: 1.5 hour of Advanced Legal
Presented by: Scott Davenport
Session Handout: Due to the nature of this session, materials are often not available until the week of the conference

Session Description: Workers Compensation Law is constantly evolving. This session will provide updates for new cases that have been issued over the last six months.

3:00 - 3:30 PM Exhibitor Networking Break
Location: Exhibit Hall

3:30 - 5:00 PM Fact, Fiction, or Fraud
Session: Session 5
Location: General Session Room
MCLE: 1.5 hour of Advanced Legal
Presented by: Amyanne C. Freeburg, Psy.D., ABPP
Session Handout: Not yet available

Session Description: Attorneys have a responsibility to anlayze cases and accurately value a claim for settlement and trial, as well as not furthering the criminal activity of fraud. Failure to understand how response bias, inclusive of malingering, impacts the medical and legal causation, treatment, impairment and disability, can lead to inflated costs of unnecessary treatments, increased premiums for employers, and wasted court time. From the doctor's report to the claimant in the deposition, psycho-legal evidence is available throughout, all it takes is knowing what to look for in your case. Dr. Freeburg will provide case examples, as well as statues and case law, to illustrate the impact of response bias, include malingering, and how to evaluate your cases for potential fraud.

Key Learning Objectives

  1. Explain the difference between response bias, malingering, and fraud
  2. Name three myths of malingering
  3. List common obstacles to prosecuting fraud cases
  4. Define elements required to establish and prosecute claimant fraud


Saturday, June 3, 2017

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7:00 AM Breakfast On Own
Free Morning or Bonus Sessions


8:30 - 9:30 AM
Bonus Session
Orthopedic Assessments and How to Apply the Legal Principles of California Work Comp Rules and Regulations to Create a Valid Impairment Rating
Session: Session 6
Location: General Session Room
MCLE: 1 hour Advanced Medical
Presented by: Gary Brazina, MD and Kenneth Kingdon
Session Handout: Not yet available

Session Description: TBD

Key Learning Objectives

  1. TBD
  2. TBD
  3. TBD

9:30 - 10:30 AM
Bonus Session
Cardiovascular, Hypertension and Gastric Disorder Assessments and How to Apply the Legal Principles of California Work Comp Rules and Regulations to Create a Valid Impairment Rating
Session: Session 7
Location: General Session Room
MCLE: 1 hour Advanced Medical
Presented by: Paul Grodan, MD and Kenneth Kingdon
Session Handout: Not yet available

Session Description: TBD

Key Learning Objectives

  1. TBD
  2. TBD
  3. TBD

10:30 - 11:30 AM
Bonus Session
Ophthalmic Assessments and How to Apply the Legal Principles of California Work Comp Rules and Regulations to Create a Valid Impairment Rating
Session: Session 8
Location: General Session Room
MCLE: 1 hour Advanced Medical
Presented by: David Sami, MD and Kenneth Kingdon
Session Handout: Not yet available

Session Description: TBD

Key Learning Objectives

  1. TBD
  2. TBD
  3. TBD

12:00 PM Lunch On Own

1:00 - 2:00 PM QME Reports: Focus on Impairment Rating Using the AMA Guides 5th Ed. and Case Law
Session: Session 8
Location: General Session Room
MCLE: 1 hour Advanced Medical
Presented by: Gary Brazina, MD and Kenneth Kingdon
Session Handout: Not yet available

Session Description: TBD

Key Learning Objectives

  1. TBD
  2. TBD
  3. TBD

2:00 - 2:15 PM Scan Break
Location: Exhibit Hall

2:15 - 3:15 PM Defending Uninsured Employers
Session: Session 10
Location: General Session Room
MCLE: 1 Hour of Advanced Legal
Presented by: John Parente & Yvonne Lang
Session Handout: Not yet available

Session Description: The good, bad and ugly of representing an uninsured employer. The session will focus on how you can assist the system by providing representation to uninsured employer. However, you need to know the potential problems including the exposure to your client so the client is fully informed and you are protected.

Key Learning Objectives

  1. What you need to know in interviewing a potential client
  2. What are the traps for the uninsured employer
  3. The best ways to bring a case to conclusion quickly

3:15 - 3:45 PM Exhibitor Networking Break
Location: Exhibit Hall

3:45 - 5:15 PM Opioid, Psychotropic and Non-Psychotropic Drug Dilemma
Session: Session 11
Location: General Session Room
MCLE: 1.5 hour of Substance Abuse
Presented by: Vladimir Bokarius, MD, PhD, QME
Session Handout: Download Session 11 Handouts

Session Description: Different classes of medications and other substances will be discussed with details of how they translate into cognitive and psychiatric symptoms. Challenging of psychiatric diagnoses in the context of substance use will be outlined. Strategies for removing substance related impairment from GAF rating will be addressed.

Key Learning Objectives

  1. To identify medications and substances with potential to impair psychological and cognitive functioning
  2. Recognize cases where substances play a role in psychiatric impairment
  3. Utilize presented materials to challenge permanent psychiatric impairment rating



Sunday, June 4, 2017

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7:30 - 8:30 AM Continental Breakfast
Location: Exhibit Hall

8:30 - 10:00 AM Cumulative Trauma from ABC to Ph.D.
Session: Session 12
Location: General Session Room
MCLE: 1.5 hour Advanced Legal
Presented by: Nathan Halprin, Managing Partner Tobin Lucks
Session Handout: Download Session 12 Handouts

Session Description: Successful comp practitioners seem to have a sixth sense for implementing tactics and strategies to assert or defend cumulative trauma claims. Attend this session, and let's manipulate the magic and master the art of the cumulative trauma. Harness the power of the CT claim as both sword and shield!

Key Learning Objectives

  1. Explore and understand the robust relationship between LC 5500.5 and LC 5412 including: single vs. multiple periods of cumulative trauma; joinder of necessary parties; manifesting and manipulating LC 5402 "date of injury" issues.
  2. Tactics for filing concurrent specific injury and cumulative trauma claims: although you file together they don't always smile together.
  3. Post-setlement proceedings: Contribution and arbitration tips and tactics

10:00 - 10:15 AM Networking Break
Location: Exhibit Hall

10:15 - 11:15 AM Ethics
Session: Session 13
Location: General Session Room
MCLE: 1 hour of Ethics
Presented by: Camille Y. Townsend & Jamilla Harris
Session Handout: Not yet available

Session Description: Coming Soon

Key Learning Objectives

  1. TBD
  2. TBD
  3. TBD

11:15 - 11:30 AM Networking Break
Location: Exhibit Hall

11:30 - 12:30 PM Mandatory Arbitration in Contribution and Insurance Coverage Cases
Session: Session 14
Location: General Session Room
MCLE: 1 hour of Advanced Legal
Presented by: Robert Heywood & Hon. Steven Siemers
Session Handout: Not yet available

Session Description: Labor Code sections 5270 to 5278 require mandatory arbitration in disputes between multiple employers/carriers in cumulative injury and insurance coverage disputes. Even though these cases often involve very substantial sums, many experienced defense attorneys have never litigated one or have done so only rarely. Attendees will learn about the process from start to finish and will gain insights from experienced arbitrators on best practices for success in arbitration trials.

Key Learning Objectives

  1. How to start the arbitration process including selection of the arbitrator
  2. Preparing the case for trial including the advantages of a pre-arbitration conference.
  3. Trying the case incluing post-trial appellate proceedings.



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Penryn, CA 95663
p 925.240.9160
f 925.396.6150
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