8:15 – 8:40 a.m.

CHECK-IN & CONTINENTAL BREAKFAST

Sponsored by

8:40 – 8:45 a.m.

Welcome & Introduction

– Kathy Hipp Carlson, Institute Co-Chair; Hipp Carlson Law PLLC; Wayzata
– Barbara Heck, Institute Co-Chair; Kelly R. Rodieck & Associates; Saint Paul

8:45 – 9:30 a.m.

The Art of Legal Argument

Lawyer, professor and highly rated presenter Terry Morrow kicks things off with practical insights on creating, writing and presenting a winning legal argument. Terry is a respected educator in both the theory and practice of legal argument and communication. As a member of the Minnesota bar, he draws upon the understanding of legal practice as he explains the practical applicability of argumentation and communication theories. He has served as Legislative Director and Legal Counsel for the Uniform Law Commission, served six years in the Minnesota House of Representatives, holding key leadership positions, and worked seventeen years as a communication studies professor at Gustavus Adolphus College.

– Terry Morrow

9:30 – 10:30 a.m.

Minnesota Medical Cannabis Program – Including the Recent Addition of Intractable Pain as a Qualifying Condition

In December 2015, Minnesota’s Commissioner of Health announced the decision to add intractable pain as a qualifying condition for Minnesota’s medical cannabis program. Dr. Tom Arneson serves as the research manager for the Office of Medical Cannabis for the Minnesota Department of Health. In this morning’s presentation, Dr. Arneson will discuss the science of medical cannabis and published research on cannabis as a therapy for pain, as well as give a general description of the Minnesota medical cannabis program.

– Tom Arneson, M.D., Research Manager; Office of Medical Cannabis; MN Department of Health; Saint Paul

10:30 – 10:45 a.m.

BREAK

10:45 a.m. – 12:15 p.m.

The 2016 Case Law Update...Key Developments Tackled Two Ways

10:45 – 11:15 a.m.

PART ONE: At Lightning Speed – The Year’s Most Significant Workers’ Compensation Cases

In his highly rated, inimitable style, Jeff Jacobs will pack this session with the highlights from the most noteworthy workers’ compensation cases decided over the past 12 months by the Minnesota Supreme Court and the Workers’ Compensation Court of Appeals. Later in the afternoon, attendees have the option to attend Jeff’s breakout session to drill down into more details via the “Annual Case Law Update – In Depth.”

– Jeffrey W. Jacobs; Wilkerson & Hegna; Edina

 

11:15 a.m. – 12:15 p.m.

PART TWO: Hot Seat Case Evaluations Based on the New Permanent Total Cases

We’re placing four experts in the hot seat! A panel of seasoned practitioners from both sides will be given short “perm total” workers’ compensation hypotheticals to review two hours in advance of the presentation. Then we’ll bring them on stage and ask them how they’d evaluate the claims. Join us for an inside look at how the pros make their decisions on matters implicated by recent court decisions.

– Stephanie Balmer; Falsani, Balmer, Peterson, Quinn & Beyer; Duluth
– Deborah L. Crowley; McCollum Crowley Moschet Miller & Laak, Ltd.; Minneapolis
– Mark J. Fellman; Fellman Law Office; Saint Paul
– Timothy Jung; Lind, Jensen, Sullivan & Peterson, P.A.; Minneapolis
– Barbara Heck, moderator

12:15 – 1:15 p.m.

LUNCH (on your own)

1:15 – 2:15 p.m.

BREAKOUT SESSION A

101

How to Handle Traumatic Brain Injury Claims – Petitioner and Defense Lawyer Perspectives

How do you identify a TBI? What should you be looking for when defending or prosecuting TBI claims? What type of evidence should you be prepared to submit at hearing? Matt and Jerry will provide helpful information and insight on how to deal with these ever changing claims.

– Matthew C. Kopp; Kelly Rodieck & Associates; Saint Paul
– Jerry W. Sisk; Thomas D. Mottaz Law Office; Coon Rapids

102

A Checklist Approach to Dealing with Intervenors – Start to Finish

Talk about a session filled with concrete advice! The session presenters are creating checklists with rules to follow, pitfalls to avoid, and strategic considerations to ponder for each of the stages in dealing with intervenors. The presentation is a practical discussion of the items on the checklist.

– Tom W. Atchison; Heacox, Hartman, Koshmrl, Cosgriff & Johnson, PA; Saint Paul
– Caroline Bell Beckman; Erickson Bell Beckman & Quinn PA; Roseville
– Kris A. Wittwer; Wittwer Syverson, P.A.; Roseville

103

Ethical Constraints on Argument: What You Should Never Say

1.0 ethics credit applied for

Terry Morrow’s engaging ethics presentation about the ethical constraints on argument includes discussion of: the duty of zealous advocacy; recent changes in Minnesota’s Rules of Professional Responsibility; ethical argumentation in negotiation and mediation; appealing to emotions; and civility and the legal profession.

– Terry Morrow

2:15 – 2:30 p.m.

BREAK

Sponsored by

2:30 – 3:30 p.m.

BREAKOUT SESSION B

201

Arising Out Of … or Not?

A discussion of various fact scenarios with voting on compensability via an electronic audience-polling system, plus practical takeaways, two years post Dykhoff v. Xcel Energy.

– Lorrie L. Bescheinen; Fishman, Carp, Bescheinen & Van Berkom, Ltd.; Minneapolis
– Kathy Hipp Carlson; Hipp Carlson Law PLLC; Wayzata

202

New Opiate Rules and Practice – A Practical Discussion of How to Apply the New Requirements

Co-presenters Doug Brown and Mike Schultz – experienced defense and petitioner counsel – will break down the new requirements placed upon employees, health care providers, and insurers with regard to the long term use of opiates for intractable pain under the Workers’ Compensation Treatment Parameters. Throughout this discussion, Doug and Mike will provide their practical insights into key matters such as what to look for in a prescribing health care provider’s medical records documenting compliance with the rules; how insurers may apply these new rules in evaluating the compensability of opiate use for new and old injury claims; and the implications of Minnesota’s recent announcement that the state will opened medical cannabis to include those with “intractable pain.”

– Douglas J. Brown; Brown & Carlson, P.A.; Minneapolis
– Michael Schultz; Michael Schultz Law Firm; Minneapolis

203

Medicare Secondary Payer Compliance and the “Money Pitch”

Baseball spring training is under way and pitchers are honing their “money pitches.” Now Annie Davidson and Katie Storms are here to help you hone your Medicare money pitch. This session will cover all the latest about resolving Medicare liens, obtaining Medicare Set-Asides, and the latest changes to the “rules of the game.” Plus, we’ll throw in tips and coaching to the line-up on how to handle the issue of Medicare with clients to ensure a successful resolution for both sides.

– Annie M. Davidson; O’Meara, Leer, Wagner & Kohl, P.A.; Minneapolis
– Katie H. Storms; Lind, Jensen, Sullivan & Peterson, P.A.; Minneapolis

3:30 – 3:45 p.m.

BREAK

3:45 – 4:45 p.m.

BREAKOUT SESSION C

301

Annual Case Law Update – In Depth

The annual comprehensive review of significant workers’ compensation cases decided by the Minnesota Supreme Court and the Workers’ Compensation Court of Appeals.

– Jeffrey W. Jacobs

302

How Cases Are Decided: A Panel Discussion with Retired Workers’ Compensation Judges

This breakout panel discussion will provide “behind the curtain” insight into how workers’ compensation judges go about deciding cases. The discussion will draw on the decades of experience represented by a distinguished panel of recently retired or soon to be retired workers’ compensation judges.

– Judge Bradley J. Behr; Minnesota Office of Administrative Hearings
– Judge (Ret.) Ronald Erickson; Minnesota Office of Administrative Hearings
– Judge (Ret.) William R. Johnson; Minnesota Office of Administrative Hearings
– Additional panelist tba
– Roderick C. Cosgriff, moderator; Heacox, Hartman, Koshmrl, Cosgriff & Johnson, PA; Saint Paul

303

Understanding Hmong Culture and Working with Hmong Clients

1.0 elimination of bias credit applied for

Attorney Sophia Vuelo is a past Vice-President of the Hmong American Bar Association, a past Board of Directors member with Hmong American Partnership, and founder of Vuelo Law, a solo practice in Saint Paul. Ms. Vuelo will share practical advice for lawyers with cases involving Hmong Americans (as clients or as opposing parties), including cultural sensitivity considerations and communication tips, with the aim of assisting the attorney to identify and eliminate implicit biases.

– Sophia Y. Vuelo; Vuelo Law; Saint Paul

4:45 – 5:45 p.m.

The Annual Institute Reception!

Join us for the Institute’s annual reception – a fun time with your friends and colleagues and chances to win great prizes!

Day 2 – Saturday, March 5, 2016

“Medical Saturday”

8:30 – 9:00 a.m.

CONTINENTAL BREAKFAST

9:00 – 10:00 a.m.

Shoulder (and Reverse Shoulder) Replacement Surgery: Nuts and Bolts

Dr. Steven Meletiou will provide an overview and description of shoulder and reverse shoulder replacement surgery. He will give a medical perspective on the factors relevant to determining when one of these surgeries is an appropriate treatment option, success rate, recovery, and possible complications.

– Steven D. Meletiou, M.D.; St. Croix Orthopaedics/Twin Cities Orthopedics; Lake Elmo

10:00 – 11:00 a.m.

The Neurochemistry of Narcotics Addiction and of Weaning Off Those Narcotics

Dr. Charles Reznikoff will discuss the neurochemistry of addiction to narcotics taken for pain management, as well as the brain chemistry involved in weaning off those narcotics for the person who has become addicted to them.

– Charles Reznikoff M.D.; Addiction Medicine Program, Hennepin County Medical Center; Minneapolis

11:00 – 11:10 a.m.

“7th Inning Stretch” Break

Features a prize drawing and special treats as we head into the final inning!

11:10 a.m. – 12:10 p.m.

Treating Traumatic Brain Injury

Dr. Yelena Usmanova will discuss current treatment options for traumatic brain injury, including how a medical team judges and re-evaluates what the proper course of treatment should be for a particular TBI.