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COVID-19 and Workers' Compensation Claims: Emerging Medical and Legal Issues


Level: Intermediate
Runtime: 94 minutes
Recorded Date: October 13, 2020
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Agenda

  • Overview of medical issues relating to COVID-19 causation and foreseeable permanent impairment
  • COVID-19 through different Workers' Compensation's legal jurisdictions
  • Panelists' and participants' questions to the medical professional
Runtime: 1 hour, 34 minutes
Recorded: October 13, 2020
For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

The panelists will discuss the impact of the COVID-19 pandemic on the workplace from a workers' compensation standpoint. Issues including evidence and causation will be discussed from medical and legal perspectives.

The COVID-19 pandemic has caused an inevitable shock to the legal framework applicable to Worker’s Compensation. While some legislators have lightened the applicable burden of proof to assist workers in bringing a workers’ compensation claim associated with this disease, other areas have kept the rules intact. In a world where sustained community transmission is still active, how can workers demonstrate that they contracted the disease at work?

How should causality be analyzed to determine from a medical standpoint whether the worker has contracted the disease at work? What are the foreseeable consequences of such a claim from a medical standpoint and probable impairment? How have claims been treated so far in different areas of the nation?

Our panelists, including a reputable Harvard infectious diseases doctor, claimants and defense lawyers, will explore these emerging issues. In this interactive webinar format, participants will be allowed to asks their questions directly to our panelists once the most common emerging issues will have been addressed.

This program was recorded on October 13th, 2020.

Provided By

American Bar Association
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Panelists

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Bryan Ramos, Esq.

Partner
Ramos Law Firm

Bryan Ramos is committed to achieving exceptional results through sincere commitment to his clients. Georgia workers benefit from his extensive knowledge of the inner-workings between complex legal systems and political structures.

Raised in North Florida and South Georgia, Ramos is a graduate of the Florida State University and the Walter F. George School of Law at Mercer University in Georgia. He has been practicing law in Georgia since 1999. In 2005, he opened the Ramos Law Firm in Atlanta to focus exclusively on assisting Georgia’s injured workers.

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John J. Parente

Of Counsel
Laughlin, Fablo, Levy & Moresi, LLP

John J. Parente is Of Counsel in our San Francisco office. He joined LFLM in 2020 and defends insurance carriers, third-party administrators, and self-insured employers in all areas of state workers’ compensation defense.

Mr. Parente is the founding partner of Parente & Christopher, a former defense practice in San Rafael, California. He is a Certified Specialist in Workers’ Compensation having practiced workers’ compensation law for 43 years. Mr. Parente is a Judge Pro Temp at the Workers’ Compensation Appeals Board since 1983 and serves as an Arbitrator and Mediator. He is the former President of the California Workers’ Compensation Defense Attorneys Association and is currently the Treasurer of the Executive Committee of the California Lawyers Association Workers’ Compensation Section.

Mr. Parente has extensive experience in representing self-insured employers, carriers and uninsured employers on regular workers’ compensation claims as well as 132a and serious and willful defense. He has served as a lecturer to the California Self-Insurers Association, CEB, the California Lawyers Association Workers’ Compensation Section and the American Bar Association Tort and Workers’ Compensation Section.

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Anthony J. Macauley

Associate
Kegel, Tobin & Truce, A.P.C.

Anthony “Tony” Macauley grew up in San Francisco and attended a small, tuition-free all-boys high school, Lick-Wilmerding. Like 74 of the school’s 75 graduates, Tony went to college after he graduated. In his case, Tony moved to Berkeley and attended UC Berkeley.

He stayed in the East Bay area and started attending night law school at Golden Gate University. Mr. Macauley was licensed in 1987 and joined a large workers’ compensation defense firm. In an interesting twist, Kegel Tobin was actually formed from this same firm during the 1970s.

In 1991, Mr. Macauley helped that law firm return to the Southern California area to compete with Kegel Tobin and other defense firms. He became a partner and opened an office in Los Angeles for the firm in 1999, managing it until 2007. Tony resigned from that office in 2014. Just three weeks later, he started at Kegel Tobin.

A genuine people person, Tony prides himself on giving his clients good-natured, thoughtful, kind, prompt, and caring responses. He practices this ideal in all of his communications and obligations as he addresses the problems the Kegel Tobin team faces.

Aware of the negative aspects that have become part of the workers’ compensation business, Tony puts in courageous hard work. He feels that’s the best way for him to push back against the wrongs and excesses in the system.

His engaging personality shines through outside of work, too. Tony especially enjoys interacting with babies and children. Seeing the positive connections youngsters have with their parents bring a smile to his face every time. Tony also likes people who don’t take themselves too seriously.

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James W. Gallen

Senior Associate
Evans & Dixon, LLC

Mr. Gallen is a senior associate in the firm's St. Louis office. In his practice, he assists businesses with their legal needs in the following areas: Business Litigation, Workers’ Compensation and Employers Liability and Corporate Services. He joined the firm in 2014 after receiving his Juris Doctorate from the Southern Illinois University School of Law. Mr. Gallen also attended the MODL (Missouri Organization of Defense Lawyers) Trial Academy in 2015.

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Alex C. Dell, Esq.

Founder
Law Firm of Alex Dell, PLLC

Alex C. Dell is the founder of the firm, and has over twenty-six (26) years of experience in the areas of workers' compensation law and disability benefits law.

Alex represents injured and disabled workers who are in need of wage replacement and medical benefits. Alex's practice also includes representation of injured policemen, firemen and correction officers seeking benefits pursuant to New York's General Municipal Law Section 207-a and 207-c.

Alex earned his B.A. with honors at the State University of New York at Binghamton, and his J.D. at Queens College School of Law of the City University of New York.

Alex frequently teaches attorneys who are interested in becoming more familiar with the area of workers' compensation, and regularly speaks to various labor union members about their rights under the New York State Workers' Compensation Law. Alex is admitted to practice before all New York State Courts, as well as the United States District Court for the Northern District of New York.

Alex is also admitted to practice in the states of Florida and Connecticut and before the District of Columbia Court of Appeals. He is a member of the New York State Bar Association, Albany County Bar Association, Injured Workers Bar Association, College of Workers' Compensation Lawyers and the Workers' Compensation Division of the New York State Bar Association. Outside of work, For over twenty-five (25) years, Alex served as a National Collegiate Athletic Association (NCAA) Division I Ice Hockey Referee. On January 23, 1992, Alex reffed his 1st National Hockey League (NHL) game between the Toronto Maple Leafs and the New York Islanders at the Nassau Colliseum in Uniondale, New York.

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Dr. Larry J. Anderson

Professor and Marcus Chair of Infectious Diseases
Emory University School of Medicine

Larry J. Anderson, MD joined the Division of Pediatric Infectious Disease, Emory University School of Medicine as Professor and Marcus Chair of Infectious Diseases in 2010 after 33 years at the Centers for Disease Control and Prevention (CDC). His laboratory is focused on studies of the pathogenesis of respiratory syncytial virus (RSV) to guide vaccine development and the asthmatic immune response to RSV and rhinovirus to identify novel approaches to treating asthma exacerbations.

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Ann Bishop, Esq.

Of Counsel
Hall Booth Smith, P.C.

Ann Baird Bishop is Of Counsel in our Atlanta office, and she has four decades of experience representing employers and insurers in a wide variety of workers’ compensation matters.

She began almost exclusively practicing workers’ compensation law in 1981 when she was an attorney at Swift, Currie, McGhee and Hiers. She joined 21 other lawyers in forming Drew Eckl Farnham, and was selected as the first female partner.

Ann later became the founding member of A. B. Bishop & Associates, where she represented self-insured employers and insurance companies in the full spectrum of workers’ compensation cases before merging her firm with Sponsler, Bennett, Jacobs & Adams in 2013, which created Sponsler, Bishop, Koren & Hammer.

Ann is AV rated and has served on the Executive Committee of the Workers’ Compensation Section of the State Bar of Georgia. She was Section Chair for 2007-2008, and has served on the Rules and Mediation Committee of the Chairman’s Advisory Council of the State Board of Workers’ Compensation for more than 25 years. She was formerly the editor for the biannual newsletter published by the Workers’ Compensation Section of the Bar, and has spoken numerous times on a variety of workers’ compensation defense topics.

Ann earned a Juris Doctorate from Mercer University School of Law, where she was a member of the Editorial Board of the Mercer Law Review, Secretary of the Student Bar Association, a member of Phi Delta Phi, and the Phi Delta Phi Graduate of the Year in 1976. She was also named to the Dean’s List and received the American Jurisprudence/Highest Grade Awards in Labor Standards and Administrative Law. She also holds a Bachelor of Arts from Vanderbilt University.

In 2012, Ann was inducted as a Fellow into the College of Workers’ Compensation Lawyers and serves on its Board. She served on the Board of Visitors for Mercer University School of Law, and served as Chair for 2017-2019. She received the 2017 Distinguished Service Award from the Workers’ Compensation Section of the State Bar of Georgia, and is a 2018 recipient of the Justice Benham Award for Community Service.

Ann served on the Board of Directors and is a past President of the Board for Kids’ Chance of Georgia, Inc., an organization in which she has been an active volunteer for many years. She also serves as a Georgia representative on the Board of Directors for Kids’ Chance of America, and was president of the national organization for 2014-2016.


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