Aging Eggshell Employees
Understand the evolving tapestry of ‘baby boomer’ workers’ compensation and employment discrimination claims
- Product Number: 2190097P01
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CLE Credits, earn up to:
3 substantive credits, 0 ethics credits CLE Credit Note -
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Product Description
Product Description
As "baby boomers" postpone retirement and accelerate the aging of the workforce, widespread concerns are emerging about the potential rise in workers’ compensation and discrimination claims. The long-standing tenet that younger workers have much higher injury rates is no longer true. And there are key differences in leading types of injuries by age. For example, older workers tend to have more rotator cuff and knee injuries, while younger workers have more back and ankle sprains. Hear experienced practitioners in the fields of workers’ compensation and employment law analyze these trends and offer surprising, yet reassuring, conclusions.
Attend this new seminar to learn how to handle the impact of shifting workplace demographics interweaving the distinct worlds of workers’ compensation and employment discrimination claims. Whether you primarily practice workers’ compensation law or handle discrimination claims, this program is for you.
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Agenda
Agenda & Materials
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2:00 - 2:20 pm
Worker's Comp Overview: What is a claim under MGL 152(the MA Workers Comp Act)
on demand video Add to Cart -
a. Eligibility, tools, pitfalls, case law, identify any potential employment law issues in the initial client intake
Judson L. Pierce, Esq., Pierce, Pierce & Napolitano , Salem
Ned W. Barrett, Esq., Law Offices of Martin B. Schneider, PC , Salem
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b. What are the rules about an employer seeking pre-employment medical records, false representation of physical condition by employee; right to benefits. (152, §27A)
Ned W. Barrett, Esq., Law Offices of Martin B. Schneider, PC , Salem
Jeffrey S. Siegel, Esq., Morgan, Brown & Joy LLP , Boston
Suzanne L. Herold, Esq., Herold Law Group, PC , Charlestown
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c. Types of WC benefits: temporary total (152, §34A)
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d. Insurers can seek reimbursement under the Second Injury Fund (152 §37)
Ned W. Barrett, Esq., Law Offices of Martin B. Schneider, PC , Salem
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e. Worker's Compensation Retaliation Overview
Panel
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2:20 - 2:40 pm
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a. 151B, ADA and Reasonable Accommodation (including WC law defining disability under 151B)
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b. Other Applicable Laws
- FMLA
- Massachusetts Paid Family Leave
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2:40 - 3:00 pm
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a. Managing a Returning Employee
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i. Defense Side - preparing for returning worker and managing worker
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ii. Plaintiff Side - how to advise employee returning and how to reacclimate to workforce
Suzanne L. Herold, Esq., Herold Law Group, PC , Charlestown
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iii. Pursuing reasonable accommodations with employer prior to return
Jeffrey S. Siegel, Esq., Morgan, Brown & Joy LLP , Boston
Suzanne L. Herold, Esq., Herold Law Group, PC , Charlestown
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b. Severance Agreements in lieu of returning to work
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3:00 - 3:15 pm
Strategies for Retaining or Reducing Aging Workforce
on demand video Add to Cart -
a. Retention Bonus Agreements
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b. Early Retirement Plans
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3:15 - 3:45 pm
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a. MGL CH 152 1(7A)
Judson L. Pierce, Esq., Pierce, Pierce & Napolitano , Salem
Ned W. Barrett, Esq., Law Offices of Martin B. Schneider, PC , Salem
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b. What Does the Comp Act Leave Out That Discrimination Provides For
Suzanne L. Herold, Esq., Herold Law Group, PC , Charlestown
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3:45 - 3:55 pm
Networking and Refreshment Break
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3:55 - 4:10 pm
Key Cases for Workers Compensation Practitioners and Employment Law Practitioners
on demand video Add to CartSuzanne L. Herold, Esq., Herold Law Group, PC , Charlestown
Judson L. Pierce, Esq., Pierce, Pierce & Napolitano , Salem
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4:10 - 4:25 pm
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a. Vocational Experts for Insurer and Employee, When to Use
Ned W. Barrett, Esq., Law Offices of Martin B. Schneider, PC , Salem
Judson L. Pierce, Esq., Pierce, Pierce & Napolitano , Salem
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b. Case Law, Analysis of Factors Under Scheffler and Frenier
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c. How do You Show That the Injured Worker's Employability is Effected by His/Her Injury
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4:25 - 4:45 pm
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a. 152, §48(4) Presumption of Future Disability but Allocation for §36 on the Lump Sum or for Inchoate Rights is not Applicable to the $1500/One Month Rule
Ned W. Barrett, Esq., Law Offices of Martin B. Schneider, PC , Salem
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b. 152, §75A Preference in Rehiring. Timeframe to Hold Open a Job to Heal
Ned W. Barrett, Esq., Law Offices of Martin B. Schneider, PC , Salem
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c. 152, §75B and the Statutory Confluence of c.152 With c.151B. Globe SJC Case Which Holds an Employer Does Not Need to Continue to Accommodate Once it is Known That the Employee Can No Longer Return to Work
Judson L. Pierce, Esq., Pierce, Pierce & Napolitano , Salem
Ned W. Barrett, Esq., Law Offices of Martin B. Schneider, PC , Salem
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4:45 - 4:50 pm
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- Faculty