2026 Hawaii Seminar

The "Rebuttal" Seminar

Many attorneys and most doctors do not understand “rebuttal.” And yet rebuttal only occurs on your most important cases, when you are preparing, your 100% cases. Those cases take an extraordinary amount of time, energy, money, and case preparation. Without the expenditure of that time, energy, money, and case preparation, your chances of success are greatly diminished.  However, with proper pre-trial preparation, proper thought, proper expenditures of money on experts when needed, your chances of success are very greatly enhanced. These cases are very important for your client that is totally disabled. For us not to achieve a 100% award where the client is entitled to such, is a perversion of justice. When our client receives the 100% award, that is proof of a job well done, with a job you can take great pride in that case handling. This program will focus on how to achieve that goal of 100%.  

Some Truisms: 

1. If you don’t know where you are going, you may not get there. 

2. If you don’t know what you are looking for, you may not find it. 

3. If you don’t know the rules, you may not know how to play the game. 

4. In our legal contests - If you know where you are going, if you know what you are looking for, if you know all the changes in the legal rules - you will be far, far ahead of your opponent.  

Knowledge is power.  

Program Agenda 

Day One: Rebuttal - An Overview (The Mechanics) 

Rebuttal: What is it? What are you “rebutting”? How does it work? What are the mechanics medically? What are the mechanics vocationally? What is the legal standard for rebuttal? What is the legal standard of 100%? What is the definition of “total disability”? Is “amenability to vocational rehabilitation” an anachronism that needs to be addressed, but is just that, an “anachronism.”  

Day Two: Developing the Record (Getting all the evidence.) 

How do we develop the record medically? How do we develop the record through our client’s own deposition testimony? How do we develop the record vocationally? How do you deal with the defense vocational experts on deposition? How do you develop the record to show that the “impermissible factors” utilized by defense experts are themselves “impermissible” based on Soormi and Pantoja? The use of pre-trial petitions to narrow the issues, e.g. petition to determine that the defense vocational expert report is “unsubstantial vocational evidence.”  

Day Three: Putting It All Together (Developing your winning strategy.) 

Are you ready for the MSC? (What to look for to make that determination.) Are you ready for trial? (What to look for to make that determination.)

Some further concepts.  

1. Escobedo holds that a medical (or vocational) report is not substantial evidence unless “the correct legal theory” is utilized. What is your legal theory that is “correct”? What if the defense’s legal theory is “not correct”? How do you show that to your judge?  

2. When you are rebutting the rating schedule, you are utilizing work restrictions. How do you get all of them? (Most QMEs give one or two. That is not sufficient to win your case.) 

3. There are a multitude of “invalid” defense vocational expert theories. How do you disprove those, and show your judge that the defense vocational expert’s findings should not be followed? How do you successfully depose the defense vocational expert? 

4. How do you use your vocational expert and your primary treating physician to work together to create both substantial medical evidence and substantial vocational evidence?  

5. How do you obtain medical rebuttal to defense vocational expert opinions?  

6. How do you determine that “all” of the work restrictions have been set forth (both actual and prophylactic)? The problem of “as you are” (the medical doctor and the vocational expert are evaluating your client after he has been off work 2, 3, or 4 years, sitting on the couch, how do you get the doctor and the vocational expert to consider how your client would be in a work setting, 8 hours a day / 5 days a week)? 

7. Paying your experts - why it is essential you do that. Up-front! 

8. Identifying defense vocational tricks and subtleties of deception. “Is work from home from a bed” actually substantial gainful employment in the open labor market? 

9. How do you get all the work restrictions from all of your doctors- orthopedic - pain medicine - internal - psychiatric? How do you obtain psychiatric and sleep work restrictions despite “the repealer”? 

Conclusion 

These concepts and issues take a lot of thought, and a lot of preparation to present your case thoroughly and accurately. In Hawaii, we will explore all the nuances, all of the complexities, so you will be well prepared to win your next 100% rebuttal case. 

Panelists:
Art Johnson, Esq. (Moderator)
Mike Burgis, Esq.
Dane Gilliam, Esq.
Alan Gurvey, Esq.
Rando Rodriguez, Esq.
Fran Sparagna, Esq.
Tiffany Speers, Esq.
Jason Wells, Esq.
Dr. Aaron Coppelson
Dr. Martin Schlusselberg
Enrique Vega, M.S.
Hon. Eugene Gogerman


This program has been approved for 9.0 MCLE and Legal Specialization credits by the CA State Bar. #1279.
Program, Speakers and Credits are subject to change.


Interested in sponsoring? Visit our Sponsorship Page or contact Amanda Brincat, CMP