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Workers’ Comp Summit: Sept 22-24, 2021 – Samoset Resort, Rockport, ME

Workshop D: The Best Information Makes the Best Case

Monday, August 26th, 2019 @ 11:00 am - 12:15 pm

Working with Your Employer

What’s it all about?  Knowing when and how to challenge a claim for compensation relies in large measure on obtaining accurate information about the circumstances of an injury and a host of other issues pertinent to a particular workplace. And, the employer often holds the key to this kingdom of knowledge. Join Anne-Marie Storey (from Rudman & Winchell) and Amy Webber (Disability Claims Manager for Cianbro) for an interactive session on the value of obtaining the best background data from employers. Potential topics include: 1) Does the intoxication defense include marijuana? What is the employer’s policy and actual practice on drug and alcohol use, and does it matter? 2) Was an injury caused by intentional, bad behavior? Is that behavior tolerated, or is there a policy that the employer enforces? 3) Is the injured party an independent contractor, leased employee, or some other variation? 4) Is the effect of minimum wage on an award of incapacity enough to show a change in circumstances? 5) What kind of investigation was undertaken? Is there videotape surveillance of the incident, an incident report, an OSHA violation claim, or an unemployment claim? And, can those be used to support a claim or negatively impact it?

Why you’ll want to participate in this session.

  • Discover the value of building a strong communication channel among employers, claims adjusters, and their attorneys.
  • Review some of the key claims defenses for which the employer is the best source of information.
  • In the process, learn how to encourage workplace investigations that lead to fair and accurate results.

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

Program Faculty: Amy Webber, Anne-Marie Storey