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					                                                  Co-sponsored by the CBA Workers'
                                                             Compensation Section




2009 ANNUAL SPRING
WORKERS'
COMPENSATION
UPDATE
LIVE IN DENVER: MARCH 13, 2009*
At the CBA-CLE Classroom, 1900 Grant Street, Suite 300
*ALSO AVAILABLE VIA LIVE WEBCAST - DIRECT TO YOUR DESKTOP!


VIDEO REPLAYS: APRIL 2, 2009
In Denver, Colorado Springs, and Grand Junction


Submitted for
6 General CLE Credits,
including 1 Ethics Credit


PROGRAM HIGHLIGHTS:
■ Case Law Update (Colorado
  Supreme Court, Court of
  Appeals, and ICAP)
■ Course and Scope, and
  Coverage Issues
■ Practical Tips from the Bench
■ Review of Offsets in Workers'
  Compensation Cases
■ Tough Ethics Questions
■ Immigration Status Issues When
  an Injured Worker is Terminated




      REGISTER FOR THIS PROGRAM ONLINE! Go to www.cobar.org/cle
2009 ANNUAL SPRING
WORKERS'
COMPENSATION UPDATE
Co-sponsored by the CBA Workers' Compensation Section


LIVE IN DENVER:
MARCH 13, 2009*                        T  he CBA Workers' Compensation Section and CBA-CLE welcome you
                                          to another edition of the Annual Spring Workers' Compensation
                                       Update! Make sure you catch this practical, informative program on
At the CBA-CLE Classroom
1900 Grant Street                      March 13, 2009!
Suite 300                              The day begins with a review of the most important case law decisions
*ALSO AVAILABLE VIA                    over the past year, including Colorado Supreme Court, Court of Appeals
LIVE WEBCAST - DIRECT                  and ICAP decisions. The day continues with a primer and update on the
TO YOUR DESKTOP!                       thorniest course and scope and coverage issues in workers' compensation
                                       law cases. The morning concludes with an address by ALJ Cannici and ALJ
                                       Broniak of the Office of Administrative Courts.
VIDEO REPLAY:
                                       After lunch you will be treated to a session on the in's and out's of offsets
APRIL 2, 2009
                                       in workers' compensation cases, including very useful instruction on how
Denver
                                       to deal with “prior ratings” issues. The second topic of the afternoon is
Colorado Springs
                                       the always welcome legal ethics segment. Join Mr. Chip Mortimer of the
Grand Junction
                                       Office of Attorney Regulation Counsel as he leads you through the ethics
                                       problems that are typical for a workers' compensation practitioner! Our
                                       program concludes with a lecture by Administrative Law Judge Craig C.
                                       Eley concerning the important immigration law issues that can arise in
                                       workers' compensation matters when an employee is terminated.
                                       As always, our faculty includes distinguished workers' compensation law
                                       judges, as well as experienced practitioners from both the claimant and
                                       respondent's bars, ensuring that you receive a high quality CLE experience!
Submitted for 6
General CLE Credits,                        DON'T DELAY… REGISTER FOR THE ANNUAL SPRING
including 1 Ethics                            WORKERS' COMPENSATION UPDATE TODAY!

                              FACULTY AND PLANNING COMMITTEE:

FACULTY:                                  Honorable Curt Kriksciun                   Kerry L. Sullivan, Esq.
Honorable Laura Broniak                   Administrative Law Judge                   Sullivan Sullivan & McGuire, PC
Administrative Law Judge                  Industrial Claim Appeals Office            Denver, CO
Office of Administrative Courts           Colorado Department of Labor and
Colorado Department of Personnel and      Employment                                 PLANNING COMMITTEE:
Administration                            Denver, CO                                 Patricia Jean Clisham, Esq.
Denver, CO                                                                           Clisham, Satriana & Biscan, LLC
                                          Patricia Jean Clisham, Esq.                Denver, CO
Honorable Peter Cannici                   Clisham, Satriana & Biscan, LLC
Administrative Law Judge                  Denver, CO                                 Robert Erickson, Esq.
Office of Administrative Courts                                                      Pinnacol Assurance
                                          David J. Dworkin, Esq.                     Denver, CO
Colorado Department of Personnel and
                                          Dworkin, Chambers, Williams, York,
Administration
                                          Benson, & Evans, PC                        Tama L. Levine, Esq.
Denver, CO
                                          Denver, CO                                 Blackman & Levine, LLC
Honorable Craig C. Eley                                                              Denver, CO
                                          T. Paul Krueger, Esq.
Prehearing Administrative Law Judge
                                          Ritsema & Lyon, PC                         Lynn P. Lyon, Esq.
Division of Workers' Compensation
                                          Denver, CO                                 Ritsema & Lyon, PC
Colorado Department of Labor and
                                                                                     Denver, CO
Employment                                Charles E. (Chip) Mortimer, Jr., Esq.
Denver, CO                                Office of Attorney Regulation Counsel
                                          Colorado Supreme Court
                                          Denver, CO
                                        PROGRAM AGENDA:

 8:30 am   Registration
 9:00 am   Welcome and Introduction
           Extended by Patricia Jean Clisham, Esq.
 9:10 am   Case Law Update (Colorado Supreme Court, Court of Appeals and ICAP)
           Presented by Administrative Law Judge Curt Kriksciun and T. Paul Krueger, Esq.
10:05 am   Course and Scope, and Coverage Issues
            ■ Defining “on the job” performance for benefit of employer
            ■ The 24 hour on call employee
            ■ Travelling to and from the job
            ■ Independent contractor
            ■ The statutory employer
            ■ Exempt owner/employee
            ■ Employer's version vs. employee's version
            ■ Under the table employees
            ■ Undocumented workers
           Presented by Kerry L. Sullivan, Esq.
10:55 am   Break (15 minutes)
11:10 am   Practical Tips from the Bench
           Learn directly from the bench the issues that are most important to Colorado
           Administrative Law Judges who preside at workers' compensation hearings!
           Presented by Administrative Law Judge Peter Cannici and Administrative Law Judge
           Laura Broniak
12:00 pm   Lunch (On Your Own)
 1:15 pm   Review of Offsets in Workers' Compensation Cases
            ■ SSDI
            ■ Retirement under Social Security and employer-funded pension plans
            ■ Unemployment benefits
            ■ PERA and similar plans such as FPPA (for firefighters)
            ■ A “how-to” on prior ratings
            ■ Drug and alcohol and safety rule violations
           Presented by David J. Dworkin, Esq.
 2:10 pm   Tough Ethics Questions for Workers' Compensation Attorneys
            ■ What should you do when you believe your client is lying?
            ■ If an attorney is fired, what are the ethical limits on what he or she can do to recover
                his or her costs and fees?
                - Can the opposing attorney tell the fired attorney the status of the ongoing claim?
                - Does the client's new attorney have any obligation to the fired attorney?
            ■ When does an attorney have a conflict when representing both the employer and the
                insurance carrier?
            ■ What are the ethical limits on an investigator's tactics when investigating a claimant?
            ■ Are there ethical considerations when using on-line research resources, such as Lexis,
                when investigating a claimant?
            ■ Are there ethical considerations regarding the use of the social networking web sites
                (Facebook, MySpace, etcetera) to gather information on injured workers?
            ■ When must an attorney report the misconduct of another attorney?
            ■ What type of fee agreement is needed for an injured worker?
            ■ What type of fee agreement is needed for an ongoing relationship with an insurance
                carrier or self insured employer?
            ■ How should you draft your fee agreement in order to allow for minor fee increases?
            ■ What costs, if any, can a claimant's attorney advance to his or her client?
            ■ Is there a duty to disclose administrative errors that result in increased costs if the
                attorney pays the excess costs incurred out of his or her own pocket (e.g., an attorney
                forgets to cancel an expert witness that is not needed, a charge is assessed, and the
                attorney pays the charge)?
            ■ How should overpayments of fees by a client be handled?
           Presented by Charles E. (Chip) Mortimer, Jr., Esq.
                     PROGRAM AGENDA: continued

 3:00 pm      Break (15 minutes)
 3:15 pm      Immigration Status Issues When an Injured Worker is
              Terminated
               ■ *The “responsibility for termination” issue defined
               ■ Responsibility for termination as addressed in the
                   Workers' Compensation Act
               ■ The issue of the employer's knowledge (or lack of
                   knowledge) of the worker's immigration status
               ■ Are undocumented aliens entitled to workers'
                   compensation payments when injured?
               ■ ICAP decisions discussing undocumented aliens
               ■ Discovery issues when the information sought relates to
                   the worker's immigration status
               ■ The employer's dilemma
               ■ Conflict between employer and insurer
              Presented by the Honorable Craig C. Eley, Prehearing
              Administrative Law Judge, Colorado Division of Workers'
              Compensation
 4:05 pm      Adjourn

                         WEBCAST INFORMATION:

Course materials are provided in electronic format to all webcast attendees. For
individuals who prefer to receive the materials in paper form, you must make
this request at the time of registration. Once CBA-CLE has final materials
prepared, they will be shipped immediately upon your request, but we cannot
guarantee that you will receive them prior to the program.

TIPS FOR A BETTER WEBCAST EXPERIENCE:
  • Your computer should have a 500 mhz or higher processor and at
     least 128 megs of RAM.

  • Hi-Speed connection - Viewers with faster and more consistent
    connections will have a better viewing experience.

PLEASE RUN THIS TEST TO MAKE SURE YOUR COMPUTER MEETS THE
MINIMUM SYSTEM REQUIREMENTS:

http://www.cobar.org/cle/photos/CLE_webcast_test.html

To view webcasts and streaming videos your computer must meet some
minimum system requirements. The videos are best viewed using Microsoft's
Windows Media Player™. You will need to have Windows Media Player v.7 or
higher installed. If you have a newer PC you probably already have the player
installed as part of the Windows operating system. If you're running an older
PC, or if you use a Macintosh, you will need to download and install the player.
Here is a link to the Microsoft Media Player website to help you determine
which version of Media Player is right for your computer.

http://www.microsoft.com/windows/windowsmedia/download/
AllDownloads.aspx?displang=en&qstechnology=

IMPORTANT - DO YOU HAVE A FIREWALL OR ROUTER?
It is possible that your firewall may block the stream or that your router may
not pass the stream correctly. Try temporarily disabling the firewall to see if the
stream works or have your network administrator look into it.

Additional information and instructions regarding connecting to the
webcast will be e-mailed to you approximately 5-10 business days
before the webcast.
2009 ANNUAL SPRING WORKERS’ COMPENSATION UPDATE
                       Register by PHONE... when using VISA or MasterCard.
                       In Denver: (303) 860-0608 • Toll-Free: (888) 860-2531
                       Or FAX form to... when using VISA or MasterCard.
                       FAX to: (303) 860-0624
                       Or MAIL form to... CLE in Colorado
                       1900 Grant St, Suite 300 • Denver, CO 80203-4303

                       Or register ONLINE...
                       Register on the CBA-CLE web site @ www.cobar.org/cle

     LIVE PROGRAM / WEBCAST / VIDEO REPLAY ORDER FORM
 INDIVIDUAL TUITION:
 ❏ Non-member: ..........................................................................................................$299
 ❏ CBA Member: ..........................................................................................................$249
 ❏ CBA Workers' Compensation Section Member:......................................................$229
 ❏ New Lawyer (in practice 2 years or less):................................................................$209
 ❏ Legal Support Staff of CBA Member: ......................................................................$209
 LIVE: MARCH 13, 2009 (Please choose between the live program and live webcast)
 ❏ LIVE PROGRAM - Denver: CBA-CLE Classroom, 1900 Grant St., Suite 300 (WC031309L)
 ❏ LIVE WEBCAST - Direct to your desktop (WC031309W)
      NOTE: Registrants who wish to participate via live webcast, must have access to a high-
      speed internet connection and to important e-mail instructions.

 VIDEO REPLAY: APRIL 2, 2009
 ❏ Denver: CBA-CLE Classroom, 1900 Grant Street, Suite 300
 ❏ Colorado Springs: 421 S. Tejon Street, Suite 100
 ❏ Grand Junction: 1250 E. Sherwood Drive
          LIVE PROGRAM / WEBCAST / VIDEO REPLAY TOTAL $
                                       HOMESTUDY ORDER FORM
  To receive CLE Credit, you must purchase both the course materials AND the recorded seminar (CD).
 COURSE MATERIALS ONLY:
  ❏ CBA Member: $95                         ❏ Non-member: $125
 COURSE MATERIALS & RECORDED SEMINAR (CD)
  ❏ CBA Member: $249                          ❏ Non-member: $299
                                                                                  Price $
                                                                    Shipping & Handling $                       10.00
                                                                               Subtotal $
         Applicable Sales Tax (7.72% Denver, 4.1% RTD and 2.9% rest of Colo.) $
                                                                HOMESTUDY TOTAL $

         __________________________________________________________
Name(s) __________________________________________________________

Attorney Reg. No. ______________________________________________________________________________________

Firm/Organization __________________________________________________________________

E-Mail Address __________________________________________________________________________________________

Street Address ______________________________________________________________________________

City ________________________________________________ State __________ Zip ________________

Telephone (                  ) ______________________ Fax (                            ) ____________________________

❏ Enclosed is my check made payable to CBA-CLE ❏ VISA ❏ MasterCard
Credit Card # ______________________________________________Exp. Date ________________

           ______________________________________________________________________
Signature ______________________________________________________________________
                                               Required for credit card orders

                        ___________________________            _________________________
                                                                _________________________
CLE USE ONLY: Check #: ____________________________ Approval #:__________________________
2009 ANNUAL SPRING                                                                                                        Nonprofit Org.
                                                                                                                         U.S. Postage Paid
                                                                                                                         Permit No. 1638
                                                                                                                            Denver, CO
WORKERS'                                                     1900 Grant Street, Suite 300, Denver, Colorado 80203-4303


                                                             RETURN SERVICE REQUESTED
COMPENSATION
UPDATE
Co-sponsored by the CBA Workers'
Compensation Section


LIVE IN DENVER: MARCH 13, 2009*
At the CBA-CLE Classroom, 1900 Grant Street, Suite 300
*ALSO AVAILABLE VIA LIVE WEBCAST - DIRECT TO YOUR DESKTOP!

VIDEO REPLAY: APRIL 2, 2009
In Denver, Colorado Springs, and Grand Junction

Submitted for 6 General CLE Credits, including 1 Ethics


REGISTER FOR THIS PROGRAM ONLINE! Go to www.cobar.org/cle

				
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