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Work-Related Stress Claims: Overview, The Law, And Strategies For Defense

Date: Recorded
In recent years, work-related stress claims have been one of the fastest growing segments of the workers' compensation system.

Employers continue to receive an increasing number of occupationally induced stress claims from their employees. This epidemic has caused an upward spiral in insurance costs to investigate, defend and prevent these claims.

This live webinar will address many of the difficult issues that arise when handling a work-related stress claim such as legal burdens of proof, various types of stress claims, and available benefits.

This live webinar will provide an overview of this epidemic while assisting workers' compensation in handling the defense of these claims to reduce or eliminate costs.

Agenda

Introduction
  • What Is an Occupational Stress Claim?
Stress Epidemic
  • Work-Related Stress Claim Statistics
  • Costs of Stress in the Workplace
Legal Burdens of Proof
  • Physical Stress Injuries
  • Emotional/Mental Stress Injuries
  • Mental/Mental Stress Injuries
  • Abnormal Working Conditions
  • Various State Burdens of Proof for Occupational Stress Claims
Medical Evidence
  • Discussion of Retaining an Expert
  • Providing Expert With Factual Background
  • Records and Information for Assessment
  • Existence of Causal Relationship of Alleged Stress and Employment
Contested Types of Work-Related Stress Claims
  • Post-Traumatic Stress Disorder (PTSD)
  • Panic Attacks and Anxiety Disorders
  • Bipolar Disorder or Clinical Depression
  • Stress-Related Cognitive Impairment
Types of Workers' Compensation Benefits
  • Medical Treatment
  • Temporary Disability Benefits
  • Permanent Disability Benefits
Defense of Stress Claims by Employers
  • Factual Investigation, Recordkeeping and Personnel File
  • Performance Problems or Personality Differences
  • Index (CIB) Search for Other Claims
  • Motivational or Misbehavior Issues
  • Reasonable Accommodations and Prevention
About The Presenters

Claudio J. DiPaolo
  • Chair of Rawle & Henderson, LLP’s Workers’ Compensation Section
  • Practiced insurance defense litigation for nearly 20 years, with a concentration in workers’ compensation matters
  • Defended workers’ compensation matters on behalf of self-insured corporations, insurance carriers, third party administrators and various political entities; has also handled a wide variety of matters, including employment, commercial motor vehicle, products liability, premises liability, insurance coverage, errors and omissions, and medical malpractice
  • Drafted hundreds of administrative law decisions involving adjudicated workers’ compensation matters and assisted in the editing of Pennsylvania Workers’ Compensation: Law and Practice
  • Presented to clients throughout the country on various workers’ compensation topics including the interplay between workers’ compensation and other laws and its effects on business enterprises
  • Counseled clients regarding compliance with federal, state, and local laws, and preventing workers’ compensation liability for workplace injuries
  • Successful in recovering workers’ compensation costs for clients through subrogation, errors and omissions, special fund reimbursements, and various other statutory credits
  • J.D. degree, Delaware campus of the Widener University School of Law; studied art history and political science at Duquesne University
Zachary M. Rubinich
  • Partner in the Philadelphia office of Rawle & Henderson, LLP
  • Focuses on the defense of insurance carriers, self-insured entities and third-party administrators against workers’ compensation claims in Pennsylvania
  • Based on his extensive experience, the Pennsylvania Bar Association Workers’ Compensation Law Section has certified him as specialist in the practice of workers’ compensation law
  • Handled all aspects of litigation before workers’ compensation judges, the Workers’ Compensation Appeal Board, the Commonwealth Court and the Pennsylvania Supreme Court
  • Routinely counsels employers, insurance carriers and third-party administrators on claims management, workplace safety, return-to-work programs, employment practices and risk management
  • Recently selected as a member of the American Bar Association’s Tort Trial and Insurance Practice (TIPS) Workers’ Compensation and Employers’ Liability Law Committee for 2014-2015
  • Preeminently rates in the Martindale-Hubbell Law Directory and has been selected as a Pennsylvania Rising Star by Super Lawyers, 2010 to 2014
  • J.D. degree, Widener University School of Law; B.A. degree in political science and government, Lycoming College

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Work-Related Stress Claims: Overview, The Law, And Strategies For Defense
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