EVEN IF YOU WISH TO ATTEND DAY 1 IN-PERSON:
You need to select the live simulcast option when registering.
IN-PERSON PASSHOLDERS:
You may use your Pass to register for the live simulcast or online replay at no charge.
ONLINE
Monday, April 25, 2022 - Tuesday, April 26, 2022
1:50 PM - 9:20 PM
The 2022 Institute Will Be a Hybrid Event:
You Choose How You’ll Participate:
PLEASE NOTE: When you register – even if you wish to attend Day 1 in-person – you’ll need to select the “live simulcast” option. You will not need to do anything to change your attendance for Day 1 from “live simulcast” to “in-person.” We will contact you closer to the event to confirm your Day 1 attendance preference.
The 2022 Workers' Compensation Institute Features:
The replay on May 12-13 will be online only and will include all plenary sessions, plus select breakout sessions.
Attend In-Person or Online
8:15 – 8:50 a.m.
CHECK-IN AT CONFERENCE CENTER – or – JOIN ONLINE
8:50 – 9:00 a.m.
Welcome & Introduction
– Dana L. Gerber & Erin E. Gross, Institute Co-Chairs
9:00 – 9:45 a.m.
KEYNOTE FIRESIDE CHAT
A View from the Bench – Arguing Workers’ Compensation Cases Before the Minnesota Supreme Court
Associate Justice Paul C. Thissen shares practical insight on how workers’ compensation attorneys can most effectively present their cases to the Minnesota Supreme Court. This fireside chat will include tips for written statements of the case, proposed issues on appeal, briefs, motions, and oral arguments before the court.
– Honorable Paul C. Thissen
– Kathryn Hipp Carlson (moderator)
9:45 – 9:50 a.m.
BREAK
9:50 – 10:50 a.m.
Workers’ Compensation Subrogation: Maximizing Client Outcomes
The employer/insurer’s right to recovery under section 176.061 is one of the most misunderstood rights among personal injury and workers’ compensation practitioners. Understanding the nuances of 176.061 recovery can lead to better results for both the employer/insurer and employee. This presentation will provide practical tips using both common and less-common examples of work-related injuries caused by a third party.
– Isaac Tyroler & Molly N. Tyroler
10:50 – 11:05 a.m.
BREAK
11:05 a.m. – 12:05 p.m.
Post-COVID Syndrome – Symptoms, Diagnosis and Rehabilitation
Dr. Greg Vanichkachorn developed Mayo Clinic’s COVID Activity Rehabilitation Program (CARP) to help patients with long-haul COVID symptoms get back to work. Dr. Vanichkachorn is an occupational and aerospace medicine specialist, and he will join us to discuss –
– Greg Vanichkachorn, M.D., MPH
12:05 – 1:00 p.m.
LUNCH BREAK (on your own)
1:00 – 1:15 p.m.
2022 Operational Update
Join us for an annual update of happenings at the Office of Administrative Hearings.
– Chief Judge Jenny L. Starr
1:15 – 1:20 p.m.
BREAK
1:20 – 2:20 p.m.
Low Back Injuries – What Is the Pain Generator?
Important topic coverage presented by a board-certified, fellowship-trained spine surgeon.
– Todd E. Jackman, M.D., FAAOS
2:20 – 2:25 p.m.
BREAK
2:25 – 3:10 p.m.
Insights from an Intervenor – Recurring Issues, New Trends
Over the last several years with the rising cost of medical care, providers and insurers have become more aggressive in pursuing their workers’ compensation intervention claims. With that context, this session tackles pivotal topics such as –
– Mary Lemieux & Todd J. Thun
3:10 – 3:20 p.m.
BREAK
3:20 – 4:20 p.m.
Classification and Treatment for Spinal Cord Injury
Dr. Uzma Samadani supervises the NeuroTraumaResearch Lab located within the Department of Bioinformatics and Computational Biology, in the School of Engineering at the University of Minnesota. The lab is involved in a number of exciting and possibly ground-breaking studies with funding from MN State, NIH/DOD, and industry – including studies regarding stimulating nerves after severe spinal cord injuries. Dr. Samadani will discuss this research and what it may mean for medical treatment of employees injured on the job.
– Uzma Samadani, M.D., Ph.D.
Attend Live Online Only
8:15 – 8:55 a.m.
JOIN ONLINE
8:55 – 9:00 a.m.
WELCOME & INTRODUCTION
9:00 – 10:00 a.m.
The Year’s Most Significant Workers’ Compensation Cases
Jeff Jacobs is back to deliver his highly rated, annual case review! Jeff packs this session with practical insights about significant workers’ compensation cases decided over the past 12 months by the Minnesota Supreme Court and the Workers’ Compensation Court of Appeals.
– Jeffrey W. Jacobs
10:00 – 10:15 a.m.
BREAK
10:15 – 11:15 a.m.
BREAKOUT SESSION A
001
Mastering Medicare’s Moving Targets – How New Law, New CMS Policies, and Current Trends Are Impacting Workers’ Comp Claims
Significant changes continue to impact Medicare Secondary Payer (MSP) compliance. Through its new MSA Reference Guide requirements, CMS takes aim at non-submit MSAs. The new Provide Accurate Information Directly (PAID) Act is now live and can help secure critical information via Section 111’s query process for your conditional-payment analysis. Medicare Advantage Plans continue to pursue claims payers for “double damages” on their lien claims. This session breaks down these important MSP developments – and more – and outlines practical compliance strategies to protect client interests and get claims settled.
– Mark Popolizio
002
DOLI Medical Services Review Board: What Is It and How Will It Affect Future Treatment Parameters and PPD?
This panel will introduce you to the new additions to the Department of Labor and Industry, Kate Daly and Dr. Emily Bannister. Attendees will learn more about the roles and background of the panelists, in addition to a discussion about the ins and outs of the medical review panel and the rulemaking process.
– Emily Bannister, M.D., MPH, CPH, FACEOM & Kate Daly
– Norbert Cuellar & Kelly B. Lambert (moderators)
003
Practical Tips for Litigating Presumption Cases – with a Focus on PTSD
In this breakout session, we will provide practical tips for establishing (and rebutting) the elements of Minn. Stat. 176.011, subd. 15 presumptions for heart disease, cancer, infectious disease, COVID, and PTSD. The presenters will focus on the PTSD presumption, as a case study, to walk through the legal hurdles and discuss how PTSD presumption cases are actually litigated, from requesting the FROI to preparing for trial, and discuss emerging issues that are likely to be heavily litigated (and appealed) in the next few years.
– Timothy P. Jung & Lindsey Rowland
11:15 – 11:30 a.m.
BREAK
11:30 a.m. – 12:30 p.m.
BREAKOUT SESSION B
101
Understanding Care Needs in Medically Complex Cases
Fortunately, catastrophic or serious injury claims do not happen every day. But when they do, you will want to be prepared to ensure the injured worker is given the best opportunity for optimal recovery. During this session, you will be provided with information and resources to better understand some of the most important areas to focus on when helping an injured worker navigate their ‘new’ normal.
– Natalie Haefner, RN, CCM, CDMS, ARM
102
Buttressing or Attacking Witness Credibility – What Works, What Doesn’t
Lawyers are better advocates when they understand witness examination rules and apply witness interview skills to workers’ compensation matters. Fundamentally, these rules should be construed and applied to facilitate a search for the truth, guarantee a fair trial, and protect witnesses from harassment. Join Judge Marshall for an insightful discussion of how the Minnesota Rules of Evidence furthers these goals, and what skills you should be applying in your next case.
– Kerry O. Atkinson, Jennifer M. Fitzgerald & Judge William J. Marshall
103
Employment Claims to Watch Out for and Consult with an Employment Lawyer About
Enhance your understanding of important topics in employment law that intersect with claims:
– Thomas Atkinson & Joni M. Thome
12:30 – 1:15 p.m.
LUNCH BREAK
1:15 – 2:15 p.m.
BREAKOUT SESSION C
201
Game Changers: Top 10 Workers’ Compensation Cases
A review of the ten most important cases in workers’ compensation law that every practicing attorney should know. A lively discussion about how these significant decisions continue to affect compensability determinations, practice and procedure, and case value. A session that will be helpful for the most seasoned attorney or the new lawyer.
– Amanda Furth & Melissa M. (Juedes) LaRocca
202
Negotiation Skills: De-Escalating Conflict and Overcoming Settlement Barriers in Your Cases
Back by Popular Demand!
Dispute resolution professionals from private practice, government and community mediation programs share how they have seen the pandemic affect settlement discussions over the past year. Learn how remote platforms and operating in a pandemic affect the personal/psychological negotiation styles of the parties and how they adjusted and innovated to adapt to difficult circumstances. The panel will provide strategies to de-escalate conflict and produce productive interactions with your clients and adversaries, which can lead to enhanced settlement outcomes.
– Judge David M. Bateson, Lorrie L. Bescheinen & Molly N. Tyroler
203
Elimination of Bias in the Legal Profession – Mental Health and Double Stigma
1.0 elimination of bias credit applied for
While it’s hard for anyone to ask for help, there is a double stigma for those already in underrepresented groups. This program will address the challenges faced by lawyers, judges, and law students when asking for help for mental health issues. It will also address the relationship between mental health issues and diversity and inclusion. The program includes a discussion of strategies to overcome these issues.
– Joan Bibelhausen
2:15 – 2:30 p.m.
BREAK
2:30 – 3:30 p.m.
BREAKOUT SESSION D
301
The Ethical Implications of Accepting Cryptocurrency for Legal Fees, Ransomware, and Other Technology-Related Issues in Legal Ethics
1.0 ethics credit applied for
This CLE will address interesting topics at the intersection of legal ethics and technology, including:
– Aram V. Desteian & Timothy J. Greenfield
302
You Be the Judge! Expert Medical Opinions – An Evidentiary Quiz Show
This session will utilize short medical scenarios and allow viewers to vote on the outcome of each, with discussion around findings and what you can apply to your next case.
– Honorable John H. Guthmann, Jerry Sisk & Katherine S. VanHavermaet
LIVE IN-PERSON + LIVE SIMULCAST
LIVE SIMULCAST
Monday & Tuesday, April 25 & 26, 2022
Attend online
LIVE ONLINE REPLAY
Thursday & Friday, May 12 & 13, 2022
Attend online
The replay will show video of all live plenary sessions plus one topic from each of the breakout sessions to be determined at a later date. Schedule times are subject to change due to abbreviated lunch and break periods. Replay start time is 9:00 a.m.
Live In-Person or Simulcast: $395 MSBA members / $395 paralegals / $445 standard rate
Live Online Replay: $365 MSBA members / $365 paralegals / $395 standard rate
Other discounts that may apply:
Scholarships available!
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or customerservice@minncle.org.
Minnesota CLE is applying to the Minnesota State Board of CLE for 10.75 CLE credits, including 1.0 elimination of bias credit for session #203 and 1.0 ethics credit for session #301. The maximum number of total credits attendees may claim for this program is 10.75 credits.
EVEN IF YOU WISH TO ATTEND DAY 1 IN-PERSON:
You need to select the live simulcast option when registering.
IN-PERSON PASSHOLDERS:
You may use your Pass to register for the live simulcast or online replay at no charge.