CALIFORNIA APPLICANTS' ATTORNEYS ASSOCIATION

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					    LIF OR NI APP L CAN
C A L IFORNI A APPL IIC AN T S ’
  TTORNE Y AS OC ATI O N
A T TORNEY S A S S O CIIA TI ON
                   CAAA Summer Convention
                     June 30 - July 3, 2011
                      Featured Guest Speaker
              Chief Justice Tani Cantil-Sakauye




 LAS VEGAS
                           Conference Highlights
            Report by Commissioners Caplane & Moresi
                        Compensable Consequences
                         The Art of Deposing Doctors
                          Using the Montana Factors


Protecting California’s
 Workers Since 1966                     www.caaa.org
          California Applicants’ Attorneys Association
                                     T
                                     To coin a phrase, what happens at CAAA doesn’t stay at CAAA.

                                     Our education is broadcast, followed, concurred and mimicked throughout the workers’ compensation
                                     O
                                     c
                                     community. While you stay in Vegas, what you do there will stay in Vegas, but what you learn, will go far
                                     i
                                     in the practice on both sides.

                                     Welcome to the 2011 Summer Convention.
                                     W

                                      T
                                      This convention is special. We are especially privileged to have as our keynote speaker, the Honorable
Tani Cantil-Sakauye, Chief Justice of the California Supreme Court. It is a great honor and a rare opportunity to hear the head of our court
system discuss the courts and our practice. We are also privileged to have Commissioners of the WCAB, who will discuss specifics about
what is happening on reconsideration and removal in their venues.

Our programs, as always, will educate and enlighten, and may even scare you, but will assist you greatly in your practices.

Doctors will receive six QME credits. Attorneys will receive over fifteen MCLE credits, including mandatory ethics requirements, general
MCLE credits, and of course, specialization credits.

Our convention opens with an ethics program. In today’s climate, sanction requests are proliferating. Be wary. Remember what you have to
report to the state bar, what you have to do in courtrooms, etc. Demeanor, manners and courtesy are becoming the subject of sanctions. Is
the world becoming too PC?

An overlooked area in our practice is brain injuries. We will have an extensive discussion of how it affects your client and may affect the value
of your case. We also have similar programs in compensable consequences and effects of medication. Our erudite speakers will note what to
look for and how it affects the ADLs and value of the case.

On Friday morning, as usual, we start with our Back to Basics program. There is nothing more basic then an MSC, yet how many of our
practitioners have made mistakes at pre-trial conference, which cannot be corrected after an MSC? Case law has been made in which the
MSC proves to be an important tool, which leads to settlement or disruption of the client’s benefits. This program will be led by the Presid-
ing Judge and a trial judge from the Marina del Rey Board, as well as attorneys from north and south, all of whom will apprise you of strategies
to make the MSC advantageous to your side.

Home health care is a major necessity for severely injured clients. However, the Board and the courts may be restricting these benefits.
Learn how to get these benefits for your client.

The Ogilvie decision may be out by the time our conversation rolls around. If so, an extensive discussion of the Court of Appeal opinion will
take place. We will also discuss what we consider to be the Board’s interpretation under the Montana factors. Let’s see if we predict the
right outcome.

On Friday, we interrupt our education programs and invite our regular members to join us for our general membership meeting to find out
what’s happening at CAAA and in the legislature.

What better way to close a seminar in Vegas than with our sub rosa program? I guess all those investigators will have something to do to
make sure what’s shot in Vegas, won’t stay in Vegas.

We hope you enjoy the sun, the fun, the strip, the food, the entertainment and facilities.

We look forward to giving you the best education and accommodations and the best way to interact with members of our community.
Elliot S. Berkowitz
Director of Education
California Applicants’ Attorneys Association
Registration Details
 General Information                Registration                    MCLE & LS Credit                    Convention Materials
Summer Convention Dates         What Does My Registration           This activity has been ap-         Educational materials will be
June 30 - July 3, 2011          Fee Include?                        proved for Minimum Continu-        distributed to all registered par-
                                • Access to all sessions            ing Legal Education credit by      ticipants at convention includ-
Convention Exhibit Dates        • Continuing education credits      the State Bar of California in     ing the electronic versions on
                                  Convention Syllabus               the amount of 16 hours, 1.25       flash drives. Please check in at
June 30 - July 2, 2011          •

                                • Entrance to Exhibitor Hall        hours will apply to Ethics and     the CAAA convention registra-
General Membership Meeting,                                         1.0 hours will apply to Sub-       tion counters. Exhibitors will
                                How Do I Register?
which is held on Friday, July                                       stance Abuse as appropriate        receive one (1) flash drive per
1st 11:30am - 12:45pm. This     • Complete the registration         to the content of the activities   exhibit booth. Additional cop-
meeting is for Regular mem-     forms in this packet or down-       and CAAA certifies that this       ies of materials can be ordered
bers only (blue badge color).   load at www.caaa.org                activity conforms to the stan-     after the convention. The
Box lunch is included.          •   Fax to 916-444-0661 when        dards for approved education       convention order form will be
                                    paying by Visa or Mastercard.   activities prescribed by the       available on the CAAA Book-
Registration Hours                  Please no AMEX or email         rules and regulations of the       store at www.caaa.org
                                    rebecca@caaa.org                State Bar of California govern-
Thursday, June 30                                                                                      Exhibit/Vendor Hall
                                    Mail to:                        ing minimum continuing legal
  11:00 am - 6:00 pm            •

                                                                    education. Provider #1279.
                                    CAAA State office                                                  Exhibitors and Coffee service
                                    1303 J Street, Suite 420          CAAA has been approved           will be available in the Exhibitor
Friday, July 1                                                      for 15.75 hours of Legal
                                    Sacramento, CA 95814                                               Hall. You must have a badge to
   7:30 am - 6:15 pm                Make payable to “CAAA”          Specialization credit. Provider    enter Exhibit Hall.
                                                                    #1279.
Saturday, July 2                Registration Fees                                                      Exhibit Hall Hours
   8:30 am - 12:30 pm           Submit your payment by              DWC Medical Credit                 Thursday, June 30th
                                Thursday, June 2, 2011 to get                                            11:00 am - 6:00 pm
Sunday, July 3                  the pre-registration rate!          DWC Medical Unit credit
  8:00 am - 12:00 pm                                                of 6.0 hours pending ap-
                                What If I Don’t Receive A                                              Friday, July 1st
                                                                    proval. CAAA certifies that
                                Confirmation Letter?                this program conforms to              7:30 am - 6:15 pm
                                If you do not receive a confir-     the standards for approved
                                mation letter via email within      education activities prescribed    Saturday, July 2nd
                                two weeks of registering, please    by the DWC for 6.0 hours of           8:30 am - 12:30 pm
                                call Rebecca at the CAAA state      credit. Provider #160.
                                office to confirm your registra-
                                tion, (916) 444-5155.

                                What If I Need to Cancel?
                                Cancellations received prior
                                to Thursday, June 2, 2011 are
                                subject to $25.00 handling fee.
                                Cancellations must be in writ-
                                ing to generate a refund. No
                                refunds or cancellations after
                                Thursday, June 2, 2011.




     Celebrating 45 Years
                    Schedule
                    PROGRAM TITLE
                                                                                              CAAA SUMMER
                                                                                              CONVENTION
                                                                                                                                        MCLE
                                                                                                                                       CREDIT
                                                                                                                                                  LS
                                                                                                                                                CREDIT
                                                                                                                                                          DWC
                                                                                                                                                         CREDIT


                    THURSDAY, JUNE 30
                    Sanctions Under Labor Code §5813 (Required Course: ETHICS)                                                         1.25     1.25
1 PM - 2:15 PM




                    1) How to convince the judge to award sanctions in order to expedite the orderly processing of cases where         Ethics
                    no real issues are involved other than carrier recalcitrance to “bite the bullet” and admit reality
                    Moderator: Scott Rubel, Esq.
                    Speakers: Hon. Myrle Petty, Sheldon Cohen, Esq., Louis Seaman, Esq.



                    Compensable Consequences - AMA                                                                                      1.5      1.5     1.5
                    How to trace all the compensable consequences through the AMA Guides to obtain all the impairment ratings:
2:45 PM - 4:10 PM




                    a) Psychiatric (including rebuttal of the “Conversion Table”)
                    b) Internal Medicine (including compensable consequences of compensable consequences)
                    c) Pain & Chronic Pain Syndrome as a Separate Ratable Disability under Rating Schedule Section 18
                    d) Metabolic Syndrome (affecting multiple organ systems)
                    e) Proving the second injury is a “compensable consequence” of the first injury to avoid Benson (i.e., C.T. is a
                    “compensable consequence” of the earlier specific)
                    Moderator: Mark Gearheart, Esq.
                    Speakers: Robert Weissman, MD, S. Bradley Chalk, Esq.

                    Side Effects of Prescription Medications – AMA (Required Course: Substance Abuse)                                   1.0      1.0      1.0
4:40 PM - 5:45 PM




                    a) Cognitive (effects on your brain) and substance abuse                                                            Sub-
                    b) Psychological (effects on your mood/emotions)                                                                   stance
                    c) Medical (effects on your body-including death)
                                                                                                                                       Abuse
                    d) Rating the Side Effects under the AMA Guides
                    e) Legal/Criminal side effects of “legally prescribed” substances
                    Moderator: Robert Taylor, Esq.
                    Speakers: Mark Hyman, MD, Adam Duhan, MD, Ira Fishman, MD

                    FRIDAY, JULY 1
                    Back to Basics                                                                                                      1.5      1.5
 8:30 AM - 10 AM




                    1) The MSC Statement and the Closing of Discovery
                    a) Are you prepared with all evidence? (On all the issues?)
                    b) Is your case ready for trial? (On all the issues?)
                    c) If not, what must do before you set your case for trial?
                    d) This program will tell you how to prepare so you are not forced “to settle cheap.”
                    Moderator: Barry Gorelick, Esq.
                    Speakers: Jeff Greenberg, Esq., Bernard Baltaxe, Esq., Hon. Robert Hjelle, Hon. Lisa Sussman

                                       Special Guest Speaker: Chief Justice Tani Cantil-Sakauye
10 AM - 11 AM




                                       All Welcome to Attend Presentation
                                       The 28th Chief Justice of the Supreme Court of California. Nominated
                                       by Governor Arnold Schwarzenegger for California’s highest judicial
                                       office, she was sworn in on January 3, 2011.

  11:15 AM - 12:45 PM General Membership Meeting Regular Members Only (blue badges)

                    Most Important Cases                                                                                                2.0      2.0
1 PM - 3 PM




                    Speakers: Ronald Feenberg, Esq., Melissa Brown, Esq., Hon. Mark Kahn,
                    Lawrence Silver, Esq., Joseph Capurro, Esq., William Herreras, Esq.
                           PROGRAM TITLE                                                                                                                 MCLE
                                                                                                                                                        CREDIT
                                                                                                                                                                   LS
                                                                                                                                                                 CREDIT
                                                                                                                                                                           DWC
                                                                                                                                                                          CREDIT


                           FRIDAY, JULY 1 CONTINUED
                           Proving Brain & Head Injuries - Neurological Issues Under the AMA Guides                                                      1.5      1.5       1.5
        3:30 PM - 5 PM




                           a) What is a brain injury (is anxiety and/or depression a “brain injury”)? Is “chronic pain” a “brain injury”?
                           b) What is “an injury to the brain resulting in incurable mental incapacity” under Labor Code §4662?
                           c) How do you rate “brain injury” - Cognitive? Neurologic? Psychiatric? Pain?
                           d) How do you “prove” brain injury?
                           Moderator: Brad Wixen, Esq.
                           Speakers: David Friedman, MD, Ezekiel Fink, MD, Mark Levine, MD

                           The WCAB - The Commissioners Report                                                                                           1.0      1.0
        5 PM - 6 PM




                           Speakers: Commissioner Ronnie G. Caplane and Commissioner Alfonso J. Moresi



                           SATURDAY, JULY 2
                           The Art of Deposing Doctors                                                                                                   1.5      1.5      1.5
                           a) Deposing the Panel QME
         9 AM - 10:30 AM




                           b) Deposing the treating doctor (to counter the PQME)
                           c) Deposing the AME (who has not covered all the issues -at least not thoroughly)
                           d) What different approaches are there with each of the above types of doctors, and how do you “develop the
                           record” through deposition testimony?
                           e) Why you should write the doctor with your questions and your arguments prior to the deposition. Using the “Hy-
                           pothetical Question” to develop the record your way. (i.e. “Doctors - assume what the law is & what the facts are”)
                           f) How to obtain the information on deposition that the vocational expert needs to prove your total disability case
                           Moderator: Marc Marcus, Esq.,
                           Speakers: Bruce Sutherland, Esq., Ray Frost, Esq., Steven Brourman, MD

                           Proving the Value of Home Care (Past, Present and Future)                                                                     1.5      1.5       .5
        11AM - 12:30PM




                           a) How do you actually “prove up” the dollar value of necessary home care provided by a spouse, child, relative or friend?
                           b) When (as is almost always the case) there is no “prescription”
                           c) How do you prove “medical necessity”?
                           d) How do you prove the dollar value of such case?
                           Moderator: John Bloom, Esq.
                           Speakers: Bert Arnold, Esq., Chris Daniel, RN

                           SUNDAY, JULY 3
                           Using the “Montana Factors”                                                                                                  1.75     1.75
      8:30 AM - 10:15 AM




                           a) How to prove “Total Loss of Earning Capacity” using the Montana Factors to obtain L.C. §4662 proof.
                           b) How to prove your SIBTF case using the Montana Factors (why you must always have a vocational expert
                           testify at your SIBTF Trial)
                           c) How to prove your Ogilvie Rebuttal utilizing Montana Factors                        2.0          2.0                                        1.0
                           NOTE: Only after you have determined that a and b above do not apply.
                           Moderator: Arthur Johnson, Esq.,
                           Speakers: Bruce Sutherland, Esq., Jack Don, Esq., Scott Simon, MS, Robert Hall, MS



                           Avoiding Problems with Subrosa (Using Subrosa to Your Advantage)                                                              1.5      1.5
10:30AM - 12:00PM




                           a) Avoiding subrosa problems at doctor’s depositions
                           b) Avoiding subrosa problems at trial
                           c) Avoiding subrosa problems at applicant deposition (when to amend the record)
                           d) Obtaining the “Hidden” defense videos that help your case
                           e) How to prep your client to expect subrosas without making them paranoid
                           Moderator: Vince Scotto, Esq.
                           Speakers: Sara Carr, Esq., Ron Stein, Esq., Maria Sager, Esq, Mechel Henry, MD
 45th Anniversary
        CALIFORNIA APPLICANTS’ ATTORNEYS ASSOCIATION
               Protecting California’s Workers Since 1966



                             Summer Convention Details
June 30 - July 3, 2011            Important: To qualify for the   Childcare                        safe, educationally enrich-
                                  discounted room rate the        Daycare is available for         ing, and fantastic programs
Convention Location               designated Host Hotel will      registrants and exhibitors       for kids of all ages.
Mandalay Bay                      only accept room reserva-       that have children ages 0 - 4
Resort & Casino                   tions that are processed        and 5 and up. Kids Along         KidsAlong has the creden-
3950 Las Vegas Blvd. South        through the CAAA state          is an innovative company         tials, the reputation, and a
Las Vegas, Nevada 89119           office. All hotel reservations   that provides events for kids    client list that is unmatched
1-877-632-7800                    require a completed hotel       as part of meetings, incen-      in the industry.Register your
                                  reservation form and pay-       tive programs and special        children for the next con-
                                  ment, and a paid convention     events. For 15 years, Kids       vention and they’ll take care
Room Rates                        registration form.              Along has been a provider of     of the kids, while you take
from $169-$199 per night          *For more information           this unique brand of service     care of your education and
See hotel reservation form        contact Nathalie Leplat at      to more than 25 Fortune 500      networking opportunites!
for additional guestroom          nathalie@caaa.org or            companies and top-rated ho-
rates and availability.           call (916) 444-5155.            tels around the world. Kids      Registration Confirmations
                                                                  Along has worked closely         Contact Rebecca Matulich
                                  For Driving Directions
Check-in 3:00 PM                                                  with CAAA for several years      (916) 444-5155 or email
                                  http://www.mandalaybay.
Check-out 11:00 AM                                                and customized each and          rebecca@caaa.org
                                  com/contact-us/map-and-
                                                                  every event, while providing
                                  directions.aspx



                      On-Site Childcare with Kids Along
   Reservations are required. A $50 fee per child per                                   Daycare Hours
   day is required. Please include payment with your                         Thursday, June 30th   12:30 pm - 6:00 pm
   convention registration form. We are limited to the                       Friday, July 1st      8:00 am - 6:30 pm
   amount of children per day. Fee includes breakfast,                       Saturday, July 2nd    8:30 am - 1:00pm
                                                                             Sunday, July 3rd      8:00 am - 12:30pm
   snacks and lunch.
   Ages accepted 0-4 and 5 and up.
Parent(s) Name
Contact Number (cell preferred)
Child’s Name                                                Age             Thursday          Friday     Saturday        Sunday
Child’s Name                                                Age             Thursday          Friday     Saturday        Sunday
Child’s Name                                                Age             Thursday          Friday     Saturday        Sunday
Child’s Name                                                Age             Thursday          Friday     Saturday        Sunday
                         CALIFORNIA APPLICANTS’ ATTORNEYS ASSOCIATION


                                      REGISTRATION | 2011 SUMMER CONVENTION
                                   June 30 - July 3 | Mandalay Bay Resort and Casino| Las Vegas, NV

  REGISTRANT INFORMATION

Registrant Name                                                                                                              CA State Bar #


Preferred Badge Name


Business Name


Business Address


City                                                                                        State                                      Zip


Phone #                                                                                     Fax #


Email Address (required for confirmation)

  PAYMENT
    Payment Enclosed                           Name
                                               (as appears on card)
    Credit Card
     Mastercard     Visa                                                                                                              Expiration
                                               Credit Card #                                                                          Date
        (NO AMEX accepted)

       Check#___________                       Authorized Signature


  FEES        (TO QUALIFY FOR MEMBERSHIP RATES, 2011 DUES MUST BE PAID IN-FULL)
Advanced Registration Fees*                    At Door Registration Fees*                           On site Daycare
(On or before June 2, 2011)                    (After June 21st bring to event)                     May be purchased at door for the same amount

    Regular Member .......... $ 745               Regular Member .......... $ 795                      Daycare $50 per child/per day...... $_____
    Associate Member ....... $ 745                Associate Member ....... $ 795                       (include daycare form)
    Non-Member .............. $ 945               Non-Member .............. $ 995
    Paralegal....................... $ 595        Paralegal....................... $ 645

Complimentary Spouse’s Name Badge for Exhibit Hall Only
Attendee must be registered for the entire event to qualify for a complimentary spouse badge to enter the exhibit hall. Badge allows entrance the entire 3 days.
Spouse Badge Name:


                                                                                                  Convention total   $___________
                        I want to save $50! I request an electronic version only of the syllabus.
                        Please deduct $50 from registration prices above. Flash drives will be    Electronic SAVINGS     - $50.00
                        distributed at the convention. Plus free power for laptop users!          TOTAL AMOUNT DUE $___________


   *Registration for all days includes admittance to all educational programs, exhibit hall & participation in CAAA Exhibit Raffle
Confirmation letters will be emailed to address above once payment has been                Mail or Fax Registration (make checks payable to “CAAA”):
processed. If you do not receive a registration confirmation letter, call the CAAA
state office. Cancellation and Refunds: Cancellations received prior to Thursday,
                                                                                           CAAA
June 2, 2011 are subject to a $25.00 handling fee. Cancellations must be in writing        1303 J Street, Suite 420
to generate a refund. No refunds or cancellations after Thursday, June 2, 2011.            Sacramento, CA 95814
Questions? Contact Rebecca Matulich rebecca@caaa.org                                       Ph 916-444-5155        Fax 916-444-0661
                                   CALIFORNIA APPLICANTS’ ATTORNEYS ASSOCIATION
                                   MANDALAY BAY RESORT & CASINO
                                   LAS VEGAS
  Serving Injured                  ROOM RESERVATION REQUEST FOR
 Workers' Since 1966
                                   SUMMER CONVENTION JUNE 30 TO JULY 3, 2011


                         Mail or fax room reservation request with convention registration form & payment directly to
                 California Applicants’ Attorneys Association 1303 J Street, Suite 420, Sacramento, CA 95814
                                            To expedite process fax form with credit card information to 916-444-0661


RESERVATION INFORMATION
      Arrival Date                                                                                                     Departure Date

      Number of Adults (18 yrs or older)                                                                               Number of children

      Registrant

      Company

      Address

                                                                                                                                             Email

      Phone                                                                                Fax                                                                     Cell

GUEST ROOMS & RATES
 (Please check one)             Description                                                                                                                                             Bed Choice (circle one)
                                550 sq ft; Extended living area w/seating for 4; Guest Capacity - up to 4; Room Capacity - 4; Floor to ceiling windows; pillow-top mattress, 42” High
                                                                                                                                                                                                                  Rate
   Run of the House
                                Definition Plasma TV; i-pod compatible alarm clock radio; desk area with wireless and hi-speed internet access, mini-bar; Imported stone floors and
   (Mandalay Bay)               surfaces in bathroom, 15” LCD TV, Separate glass enclosed shower and bathtub; 1 Bath
                                                                                                                                                                                              King or 2 Doubles   $169

   THEsuite(THEhotel 725 sq ft; Separate living area w/seating for 5; Guest Capacity - up to 4; Room Capacity - 5; Separate living area with floor to ceiling windows, 42”
   at Mandalay Bay) Plasma TV, DVD player, desk area with wireless and hi-speed internet access, mini-bar, in-room safe, and dual phone lines; Marble and granite
                                                                                                                                                                                              King or 2 Doubles   $199
                                floors and surfaces in bathroom, 15” LCD TV, Separate glass enclosed shower and bathtub; 1 1/2 Bath(s)


 Requests:               Smoking Room                          Handicap Room                                       Crib $20 per night                        Add Rollaway $35 per night

PAYMENT
  (Please check one)
          Visa
                                                       Credit Card #                                                                                                               Exp. date
             MasterCard
             American Express                          Signature
             Discover
RESERVATION DETAILS
Requests for reservations may be handled only by Fax or by Mail directly through CAAA. Only 1 hotel room per paid convention registra-
tion. Exhibitors are allowed 3 hotel rooms maximum per booth. Group rates available 3 days prior & 3 days following Convention based
on availability. Any cancellations or changes in departure to an earlier date received after May 19, 2011 will result in a full charge to the
individual for the entire length of the reservation. This will be the responsibility of the individual guest and not the California Applicants’
Attorneys Association. Any cancellations or requests for changes to your accommodations must be in writing via fax or email and should
be forwarded to the California Applicants’ Attorneys Association. No verbal cancellations will be accepted.

All sleeping room accommodations are subject to all prevailing taxes and assessments, currently 12% There is a additional charge of $30
per person / per day over the double occupancy. Hotel check-in time is 3 pm and check-out time is 11 am. Complementary Parking.
Shuttle service is available from local airports.

Requests received after May 19, 2011, or if the convention block is already filled, will be confirmed on a space available basis. If you do
not receive confirmation within 15 days of submitting your request, please contact Nathalie Leplat at the CAAA Office at (916) 444-5155.

I acknowledge I have read this entire form and understand the policy of cancellations. Please sign and date to indicate your accep-
tance of this application.

         Signature                                                                                                                                        Date
  C e l e b rat i n g

                45
              Years



19 6 6 - 2 0 1 1
California Applicants’ Attorneys Association
1303 J Street, Suite 420
Sacramento, CA 95814

www.caaa.org

				
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