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Now viewing a program in: CLE Catalog \ Self-Paced Online Seminars
2017 Hawaii Seminar
Published by California Applicants' Attorneys Association



Summary
DAY ONE
I. Spotting the Case
a. How to know you have an SIF Case.
b. Methodologies for identifying all pre-existing disabilities.
c. Strategies to prove you meet an "industrial" threshold.
d. Collecting all the records.

II. Pleading the case
a. EAMS form (when to file)
b. "Long" form (when to use - see Regulation 10940)
c. Amended SIBTF Applications (why do you do this.)

III. Proving the case
a. How to develop the medical evidence.
b. When to return to the industrial AME/QME.
c. What specialists can you pick? How do you communicate with the SIF doctors?
d. How and when to develop the vocational evidence.

IV. Settling the SIF case
a. How to effectuate settlements.
b. Why to stipulate instead of C&R settlement.
c. Factors militating toward C&R.
d. Factors militating toward Stipulations.
e. Why you must "crunch the numbers."
f. Getting the SIF to pay attention to your case - so that it doesn't just "sit."

V. Trying the SIF case
a. When to push your case to trial.
b. Making sure your ducks are all lined up.
c. Why you always have a trial brief (or briefs.)
d. Anticipating (and meeting) SIF defenses.
e. Making the record [expect a recon (and writ.)]

VI. Client concerns
a. When to meet with your client.
b. Why you go through past records with your client present.
c. Explaining the SIF to your client.
d. Using the future SIF case to facilitate settlement of the basic "industrial" case.

DAY TWO
Handling SIF Credits

I. What are "credits"?
a. When is SIF entitled to credit - and for what?
b. What is SIF not entitled to take a credit for - even though they will often claim so - incorrectly.
c. Veterans benefits = no credit.
d. Why the "offset" (for the industrial award and life pension) is not a "credit."
e. The special problem of public safety disability pensions, PERS, STRS. Whose "burden" is proof of credit?
f. When to try this issue.
g. What evidence proves or disproves "credit."
h. When do credits end?
i. Why you need to “crunch the numbers” to determine potential case value

DAY THREE
I. Successful Settlement Strategies on the Larger Case
a. How to gather the evidence (medical and vocational) to prove your client is "not amenable to vocational rehabilitation" - i.e. is 100% disabled?
b. How to increase reserves sufficiently to obtain a full value settlement.
c. How to obtain all the evidence to prove total disability using "congruence" (Labor Code 4662 last sentence, LeBoeuf, "addition," conclusives per L.C. 4662.) How to use structured settlement techniques appropriately, to your client's advantage.
d. How to utilize SIF in combination with your basic case to obtain maximum value for your client.
e. How to motivate defendants to settle without trial (i.e. stipulated award of 100% overall.)
f. How to use jujitsu to settle your case (using your opponent's momentum to put them on the ground.)

II. The Case Plan
a. If you don't know where you are going, you may never get there. How to direct your energies productively on the major case.
b. How to know when you've got a "large" case or a 100% case, and then how to follow through and prove it.
c. How to set up a "case plan" - setting forth the steps you need to take for success.

Originally Published
April 26, 2017

Program Titles and Supporting Materials
This program contains the following components:
  1. Day 1 - Video
  2. Day 2 - Video
  3. Day 3 - Video
  4. 2017 Hawaii Seminar Syllabus - Paper

How To Attend
Join the self-paced program from your office, home, or hotel room using a computer and high speed internet connection. You may start and stop the program at your convenience, continue where you left off, and review supporting materials as often as you like.

Technical Requirements
You may access this course on a computer or mobile device with high speed internet (iPhones require iOS 10 or higher). Recommended browsers are Google Chrome or Mozilla Firefox.

Credit
If applicable, you may obtain credit in multiple jurisdictions simultaneously for this program (see pending/approved list below). If electing credit for this program, registrants in jurisdictions not listed below will receive a Certificate of Completion that may or may not meet credit requirements in other jurisdictions. Where applicable, credit will be only awarded to a paid registrant completing all the requirements of the program as determined by the selected accreditation authority.

 Click on jurisdiction for specific details  
CA


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