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How to Excel as an Expert Witness in Workers' Compensations Cases: Special Techniques, June 19, 2018, Hyannis, MA


Product Description


This is a first-of-a-kind program for medical experts such as physicians, chiropractors, psychologists and neuropsychologists who serve in workers’ compensation cases. It is appropriate for both treaters and IME providers (both claimant and defense). Workers’ compensation is a $62 billion program with approximately $31 billion being paid for medical and litigation expenses. You will learn how to far more effectively deal with the subtle nuances and hidden pitfalls in comp cases including: causation, impairment, disability, restrictions and limitations, necessity of medical care, permanency and return to work. Particular attention will be placed on delivering truthful, credible, and persuasive testimony. Attendees will also learn how to cost-effectively market their practice and draft a superior report. The highly-qualified faculty consists of a distinguished workers’ compensation judge and a successful workers’ compensation attorney who is also a thought leader on expert witnessing.  

Tuesday, June 19, 2018, Hyannis, Cape Cod, MA  

Click here for a PDF of the conference brochure

Learning Objectives: At the conclusion of this highly intense program you will be able to:
• Explain how to be far more persuasive to a workers’ compensation judge,
• Discuss the nuances and hidden pitfalls of serving as a medical expert in workers’ compensation cases,
• List techniques to form more defensible opinions on key workers’ compensation issues such as causation, impairment, medical necessity, IMEs, and disability,
• Explain how to write more persuasive and defensible expert witness reports in workers’ compensation cases,
• Effectively deal with legal terms of art which are specific to comp cases and can often trip up experts (e.g. major contributing cause, aggravation, MMI, etc.), and
• List numerous techniques to cost effectively market your expert witness practice to workers’ compensation attorneys.

Tuition is $495 on or before February 28, 2018: $545 March 1, 2018–June 1, 2018; $595 after June 1, 2018 and includes a continental breakfast, lunch with faculty, a workshop manual not available anywhere else, and a dynamic learning experience. A 20% discount is available for two or more individuals registering together from the same company.

SEAK’s 2018 Conference will be held at the Conference Center at The Resort and Conference Center at Hyannis. As a tourist destination, the Hyannis area has numerous lodging options for different priorities and budgets. Hyannis features national chains such as Holiday Inn, Courtyard by Marriott, Doubletree, Fairfield Inn and Suites, and Comfort Inn as well as numerous independent inns, hotels and bed and breakfasts. Since our dates are not over weekends and June is pre-peak season there is typically wide lodging availability. For those who prefer the convenience of staying onsite at the Resort and Conference Center at Hyannis (which is also walking distance to Main Street, Hyannis), SEAK has secured a special group rate of $150/night for single/double occupancy plus tax. Rooms are limited and this rate expires on May 18, 2018. To make your reservations at the Resort and Conference Center at Hyannis, please call 866- 828-9111 and refer to the SEAK Group rate or click here (click on the number of adults, click on add code, choose group attendee then in the blank box type in:  SEA18.  Hit complete reservation then choose the dates for your stay.
We have also reserved a limited block of rooms at The Holiday Inn Hyannis at a discounted rate ($159 single/double). Free shuttle service will be provided between the Holiday Inn and Conference Center. To make your reservations at the Holiday Inn, please call (508) 775-1153 and identify yourself as being with the SEAK, Inc. group or go to www.holidayinn.com/hyannisma and enter group code “SEA”.

Conference cancellations received in writing on or before June 1, 2018 will receive a full refund. Persons canceling after June 1, 2018 will not receive a refund, but will receive a full tuition credit. 

Hyannis is 70-80 miles from the Boston and Providence airports and also has its own regional airport with flights from Boston and New York. There is even bus service that connects Boston with Hyannis if you prefer to not rent a car. You can drive to the Cape from all of the Northeast U.S.


tate-kirsten-cmyk.jpgThe Honorable Kirsten Tate is a workers’ compensation judge, office of administrative hearings in St. Paul, Minnesota. Judge Tate was a workers’ compensation and personal injury attorney for 10 years before assuming the bench. She received her BA and JD from Hamline University and Hamline Law School. Judge Tate teaches continuing education courses on workers’ compensation and mentors at risk teens at the Minnesota Teen Challenge Drug and Alcohol Rehabilitation Program.   


babitsky-larger-circle.jpgSteven Babitsky, Esq. is the President of SEAK, Inc. – The Expert Witness Training Company. He was a workers’ compensation trial attorney for twenty years and is the former managing partner of the firm Kistin, Babitsky, Latimer & Beitman. He is the founder of the National Organization of Social Security Claimants’ Representatives, the co-founder of the American Board of Independent Medical Examiners, and the creator of the AMA Guides Newsletter. Mr. Babitsky is the co-author of the texts Writing and Defending Your IME Report: The Comprehensive Guide, Understanding the AMA Guides in Workers’ Compensation, Litigating Stress Cases in Workers’ Compensation, Cross-Examination: The Comprehensive Guide for Experts, and How to Be an Effective Expert Witness at Deposition and Trial: The SEAK Guide to Testifying as an Expert Witness.   

Continuing Education Credits
Physicians:  SEAK, Inc. is accredited by the Accreditation Council for Continuing Medical Education to provide continuing medical education for physicians. SEAK, Inc. designates this live activity for a maximum of 7.5 AMA PRA Category 1 Credit(s)™. Physicians should claim only the credit commensurate with the extent of their participation in the activity. NOTE: SEAK does not accept commercial support for its programs and does not use faculty members with conflicts of interest.


Tuesday, June 19, 2018  


8:00–9:00 Workers’ Compensation Overview
A quick overview of the workers’ compensation system will be provided including the issues of causation, compensability, impairment, medical treatment, permanency and return to work. Also included will be an explanation of the administrative nature of comp cases and how comp cases differ from tort cases litigated in court. Questions and Answers. 

9:00–10:00 What Judges Use to Determine the Credibility of Medical Experts and Their Testimony
Attendees will be provided with the criteria used by workers’ compensation judges/commissioners in determining the credibility, weight, and persuasiveness of expert medical testimony. Faculty will discuss reputation, demeanor, grasp of the history and work duties, mechanism of injury, scientific basis, use of medical literature, the medical report as well as important intangible factors. Questions and Answers. 


10:15–11:15 Causation: Forming Defensible Opinions and Defending These While Testifying
The faculty will review the various causation thresholds and provide best practices for obtaining an accurate understanding of the facts, mechanism of injury/illness, prior medical history, pre-existing and comorbid conditions, and testifying effectively on the issue of causation. Questions and Answers. 

11:15–12:00 Impairment: Forming Defensible Opinions and Defending These While Testifying
Opinions regarding permanent impairment are full of hidden pitfalls such as using the correct guidelines, conditions not covered in guidelines, deviating from the guidelines, and apportioning prior impairments. Attendees will learn how to form more defensible impairment opinions and defend these while testifying. Questions and Answers.


1:00–1:45 Disability and Work Restrictions: Forming Defensible Opinions and Defending These While Testifying
The benefits available to a workers’ compensation claimant partially depend on the claimant’s ability to work. Attendees will learn how to form more defensible opinions in this area and defend these while testifying and will be provided practical advice for dealing with issues such as FCEs, vague job descriptions, light work, work attempts, medical restrictions and limitations, and suitability of employment. Questions and Answers.  

1:45–2:30 Independent Medical Evaluations: Forming Defensible Opinions and Defending These While Testifying
Attendees will learn how to form more defensible opinions from IMEs and defend these while testifying and will be provided practical advice for dealing with issues such as the length of the examination, surveillance, subjective findings, symptom magnification, malingering, bias, cherry picking, and treating v. IME physician issues. Questions and Answers.  

2:30–3:00 Medical Necessity: Forming Defensible Opinions and Defending These While Testifying
What is and is not reasonable and necessary may be the subject of expert testimony. Attendees will learn how to form more defensible opinions on medical necessity and defend these while testifying and will be provided practical advice for dealing with issues such as treatment outside of your specialty, commenting on suspected overtreatment, utilization review and treatment guidelines. Questions and Answers. 


3:15–4:00 Writing the Excellent Expert Witness Report in Workers’ Compensation Cases
Attendees will learn best practices for writing reports in workers’ compensation cases including: formatting, review and analysis of medical and ancillary records, history taking and documenting the physical examination. Faculty will offer suggestions for experts to express more defensible opinions on causation, impairment, disability, necessity for medical care, devices and medication, rehabilitation and medical care. Questions and Answers. 

4:00–4:45 Marketing Your Medical Expert Workers’ Compensation Practice
Faculty will discuss what lawyers are specifically looking for in medical experts. Attendees will be provided with numerous techniques for marketing their workers’ compensation medical expert practice including advertising, speaking, writing, blogging, websites and outreach to potential lawyers and insurance companies. Questions and Answers. 

4:45–5:00 Takeaways
Faculty will offer a bullet point list of action step takeaways from the course.


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