Workers’ Comp Summit: Aug 25-27, 2019 – Samoset Resort, Rockport, ME


Tuesday, August 27


6:45 am - 12:00 pm
Conference Registration Re-Opens

The registration desk remains open throughout the day. Be sure to take advantage of our complimentary Bard Coffee barista station, courtesy of RECON Surveillance Group!

Download the Comp Summit Mobile App for up-to-the-minute conference news, session materials, venue maps, attendee networking and more!

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NAME BADGE & BARISTA CAFE SPONSOR:
MOBILE APP SPONSOR:
LEAD SPONSOR: Concentra
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7:00 am - 8:30 am
Breakfast is Served

Comp Summit EXPO Re-Opens

Join us for breakfast and morning conversations.

BREAKFAST SPONSOR:

8:00 am - 9:15 am
Choice of TWO Concurrent Programs

Click on the workshop tabs below for full program descriptions.


9:30 am - 10:30 am
PLENARY: Maine Trends in Medicare Set-Aside Accounts

Impact on Settlements, Impact on the Parties

What’s it all about? Aside from any new legislation this year, one of the big topics for Comp Summit is a divergence of opinion on the direction of Medicare set-asides. As our attendees know, a Medicare Set-Aside is the portion of settlement earmarked for the injured worker’s future work-related medical expenses. It is a significant element of most settlements and of keen interest to employees, insurance carriers and any third-party administrators, and of course Medicare, which seeks to protect its interests in cases involving injured workers’ at or approaching Medicare age or qualifying for Medicare on a disability basis. Some carriers have set-aside analyses professionally done and submit them to Medicare for pre-approval. Medicare then approves either the proposal or some other amount, and if the employee’s post-settlement, work-related expenses turn out to be higher than what Medicare approves, Medicare covers the additional expenses, provided the employee has set the money aside into a separate interest-bearing account and complied with all of Medicare’s rules about how to administer that account. Some carriers are employing third parties to administer these accounts. Other carriers are taking a different approach to the set-aside analyses, by not submitting them to CMS for approval, which they have the option to do. Instead, they are paying for professional administration and taking their chances if the professionally administered set-aside account has run out of money. In these scenarios, the carrier will litigate with Medicare. What happens to injured workers whose Medicare set-aside accounts become exhausted is unclear and should be the topic of a spirited discussion.

Why you’ll want to participate in this session.

  • Discover recent trends and the divergence of opinion on whether to opt in or out of the CMS Medicare Set-Aside approval process.
  • Discuss the implication of these choices on the well-being of the injured worker.
  • Discuss the implication of these choices on an insurance carrier’s risks and consequences.
  • And, discuss the implications for the workers’ compensation system in Maine.

Applying for CCMC Credit.

Approved for Maine Attorney CLE Credit.

Program Faculty: David Hirtle, Doug Kaplan, Jared Payton, Marques Torbert

10:45 am - 12:00 pm
PLENARY: 2019 Legal Year-in-Review

The Key Cases and Impact of New Laws

What’s it all about? This is likely to be the most important year for Maine workers’ compensation in quite some time. Jon Oxman (Linnell, Choate & Webber), Alison Denham (Douglas Denham), Elizabeth Brogan (Workers’ Compensation Coordinating Council), and friends take you on a journey of what has happened to the law of workers’ compensation since we last met at the Samoset. They will cast a strategic eye on the impact of the 2019 legislative initiatives and what it means for practice, the parties, and the system. Then, they will turn their attention to a handful of impactful cases and what they portend for how you manage and litigate claims.

Why you’ll want to participate in this session.

  • Gain a better understanding of any legislation enacted this year and what that means for your role in the workers’ compensation system in Maine.
  • Become fluent in the results of the most important Appellate decisions from the year past.
  • Leave this session with a stronger understanding of where the system of Maine workers’ compensation is heading.

Approved for 1.25 SHRM, HRCI (HR) Business, and Maine Attorney CLE Credits.

Applying for CCMC Credit.

Program Faculty: Alison Denham, Elizabeth Brogan, Jon Oxman
Sunday, August 25 Monday, August 26 Tuesday, August 27