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Advanced Topics of Workers' Compensation (2020 Workers' Compensation Section Fall CLE)

8:55        Welcome and Introductions

9:00        Ethical Entanglements on the Internet*‡

Brian P. Oten, North Carolina State Bar, Raleigh

Explore ways technology impacts our professional responsibility, including a lawyer's interaction with social media, working remotely from home and security threats facing today's law office.

10:00      Break

10:10      Case Law Update

S. Camille Payton, Hunter & Everage, Charlotte

Delve into the important workers' compensation decisions of 2020 thus far.

10:55      Break

11:05      Litigating Extended-Benefits Cases

E. Stewart Poisson, Poisson Poisson & Bower PLLC, Wadesboro

Examine the Industrial Commission statutes and requirements for extended-benefits cases. Then discuss the applicable law on disability, planning for hearing and depositions, and case strategy.

11:50      Break

12:00      How to Navigate Medicare Set-Asides in Admitted and Denied Cases

Daniel W. Hayes, Teague Campbell Dennis & Gorham LLP, Asheville

After reviewing the basics of Medicare conditional payment verification, attendees walk through best practices for considering Medicare’s future interests in workers' compensation settlements, including voluntary Centers for Medicare & Medicaid Services submissions, non-submit Medicare set-asides, zero-dollar allocations and legal opinion letters.

1:00        Lunch Break

1:30        Subrogation in Workers' Compensation Claims

Roy G. Pettigrew, Cranfill Sumner & Hartzog LLP, Raleigh

Take an in-depth look at N.C.G.S. § 97-10.2 with a focus on key statutory provisions and recent case decisions impacting practitioners. A subrogation attorney shares key insights to avoid pitfalls and common mistakes when navigating N.C.G.S. § 97-10.2

2:30        Break

2:40        Practice Before the Industrial Commission During COVID-19

James C. "Jim" Gillen, North Carolina Industrial Commission, Hendersonville
Layla T. Santa Rosa, North Carolina Industrial Commission, Raleigh

Receive an overview of the impact of COVID-19 on the Industrial Commission. Then gain insight into the pandemic's effects on commission hearings and current policies concerning remote and in-person hearings, including changes to the Uniform Pre-Trial Order.

3:40        Adjourn

*Indicates portion providing Ethics/Professional Responsibility credit
‡Indicates portion providing Technology Training credit

Description

From the ethical entanglements of working remotely from home, to the amended rules and procedures of practicing before the North Carolina Industrial Commission, COVID-19 has transformed the practice of workers' compensation law.

Contributors

  • James C. "Jim" Gillen

    James C. "Jim" Gillen, North Carolina Industrial Commission, Hendersonville

    Click here for more information about Jim.

  • Anna R. Hamrick

    Anna R. Hamrick, Grimes Teich Anderson LLP, Asheville

    Click here for more information about Anna.

  • Daniel W. Hayes

    Daniel W. Hayes, Teague Campbell Dennis & Gorham LLP, Asheville

    Click here for more information about Daniel.

  • Dawn C. Lane

    Dawn C. Lane, Cranfill Sumner & Hartzog LLP, Raleigh

    Click here for more information about Dawn.

  • Brian P. Oten

    Brian P. Oten is the director for ethics and special programs at the North Carolina State Bar. He joined the State Bar's Office of Counsel in 2007 as deputy counsel and moved to his current role in 2018 where he serves as chief ethics counsel and director for the boards of legal specialization and paralegal certification.

    Mr. Oten earned his B.A. from UNC-Chapel Hill in 2002 and his J.D. from the UNC School of Law in 2005.

    Click here for more information about Mr. Oten.

  • S. Camille Payton

    S. Camille Payton, Hunter & Everage, Charlotte

    Click here for more information about Camille.

  • Roy G. Pettigrew

    Roy G. Pettigrew, Cranfill Sumner & Hartzog LLP, Raleigh

    Click here for more information about Roy.

  • E. Stewart Poisson

    E. Stewart Poisson, Poisson Poisson & Bower PLLC, Wadesboro

    Click here for more information about Stewart.

  • Layla T. Santa Rosa

    Layla T. Santa Rosa, North Carolina Industrial Commission, Raleigh

    Click here for more information about Layla.

November 13, 2020
Fri 8:55 AM EST

Duration 6H 45M

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