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Workers' Compensation Liens: The Law and Practice

Tuesday, July 17, 2012

- Location -
State Bar Center
One Elk Street
Albany, NY 12207
(518) 463-3200

Workers' Compensation Liens: The Law and Practice - Live & Webcast
1:00 p.m. to 3:45 p.m.

3.0 MCLE credits: 1.5 in Areas of Professional Practice; 1.5 in Skills

Live Webcast Option!
The webcast option is MCLE-accredited for all New York Attorneys except those newly admitted (less than 24 months)

Program Description

Settling a personal injury action arising from a workers’ compensation claim presents many complex issues and potential pitfalls for attorneys. The claimant’s workers’ compensation attorney and personal injury attorney, as well as the compensation carrier’s attorney, must all have a thorough understanding of Workers’ Compensation Law Sec. 29 and the relevant case law.

The first half of the program will provide a thorough review of the law by a speaker with over 30 years of experience with the New York State Insurance Fund and the Workers’ Compensation Board. Particular emphasis will be placed on the issues of consent, lien, offset, equitable apportionment of litigation expenses, and the overlap of Workers' Compensation and No-Fault. All of the key case law will be discussed, from Robinette and Kelly to Burns and Stenson, culminating in the 2012 Court of Appeals decision in Bissell v. Town of Amherst.

The second half of the program will focus on the practical application of the law. A Panel of three highly respected practitioners will share best practices and practical tips for successfully navigating all of the complex issues presented in resolving both the civil suit and the workers’ compensation claim. The Panel, consisting of a claimant’s WC attorney, a plaintiff’s PI attorney and a WC Carrier’s attorney, will take you step-by-step through the handling of a case from intake to settlement and beyond.

Don’t miss this unique opportunity for in-depth treatment of this important and evolving area of Workers’ Compensation and Personal Injury law. Register today!

Agenda

12:30 – 1:00 p.m. Registration

1:00 – 2:15 p.m.                The Law

                                                - WCL Sec. 29: Basics re: Consent, Lien and Offset
                                                - Overlap of Workers’ Comp. and No-Fault
                                                - Equitable Apportionment of Litigation Expenses:
                                                          - Robinette
                                                          - Kelly
                                                          - Burns
                                                          - Stenson
                                                          - Bissell
                                                                Speaker: Carl D. Copps, Esq., New York State Bar Association (Former Principal Attorney, NYS Workers’ Comp. Board)

2:15 – 2:30 p.m. Refreshment break

2:30 – 3:45 p.m.                Panel Discussion – Practical Application of the Law

                                                   - A claimant’s workers’ compensation attorney, a plaintiff’s personal
                                                    injury attorney, and a compensation carrier’s attorney will discuss
                                                     best practices and tips on how to deal with the complex issues
                                                     involved in settling a personal injury action arising from a
                                                      workers’ compensation claim.

                                                   - Client intake interviews; negotiating settlement terms; preserving
                                                     your client’s rights; bringing and defending against nunc pro tunc
                                                     motions; coordinating No-Fault and WC benefits; recovering first
                                                    party benefits for the comp. carrier; effective communication
                                                    between claimant’s WC and PI attorneys; preservation of fee
                                                  interests and much more will be discussed.

                                                                Panel: Alex C. Dell, Esq., Law Office of Alex C. Dell
                                                                           Jeffrey K. Anderson, Esq., Anderson, Moschetti & Taffany, PLLC
                                                                           Matthew R. Mead, Esq., Stockton, Barker & Mead, LLP
                                                                Moderator: Carl D. Copps, Esq., New York State Bar Association (Former Principal Attorney, NYS Workers’ Comp. Board)

3:45 p.m Adjournment

Directions

(FROM NORTH: 87 South to I-90 East (toward Boston), then 787 South to downtown Albany (Clinton Ave exit). Turn left at first light (Broadway), right at State Street and right at Lodge Street. Park at Crowne Plaza Hotel Parking Garage and walk up Pine Street. Turn right onto Eagle Street and continue to corner of Elk and Eagle Streets. State Bar Center is directly across the street.FROM SOUTH: NYS Exit 23 to 787. Exit Rt. 9 North and Rt 20 West, bear right. Turn left at light, right onto Broadway, left onto State Street and right at Lodge Street, where you may park at the Crowne Plaza Hotel Parking Garage. Follow walking directions above.FROM WEST: NYS Thruway Exit 24 to I-90 East (toward Boston). Take 787 South to downtown Albany (Clinton Avenue exit) and follow parking/walking directions above.FROM EAST: I-90 West to 787 South to downtown Albany (Clinton Avenue) and follow parking/walking directions above)

The last day to pre-register online was July 16, 2012.

Members, please login to get member discounts.

Pricing Information for Member


Seminar

Webcast Registrant	$140.00
Live Registrant	$140.00

Pricing Information for Non Member


Seminar

Webcast Registrant	$240.00
Live Registrant	$240.00

Accommodations for Persons with Disabilities:
NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact Cindy O'Brien at 800-582-2452 or cobrien@nysba.org.