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Direct and Peripheral Attacks on the Exclusive Remedy Doctrine LR4
Deborah G. Kohl, Managing Partner, The Law Offices of Deborah G. Kohl
Lex K. Larson, President, Employment Law Research, Inc.
Moderator: Thomas A. Robinson, JD, Author,
Thursday, Nov. 20 | 10: 45 a.m. - 12 p.m.
The exclusive remedy doctrine serves as the foundation of the great “bargain” between employees
and employers. But now, more than ever, the lure of the large verdict has spawned both direct and
peripheral attacks upon the employer’s exclusivity defense. Can federal RICO be used as an “end
run” around the exclusivity defense? If an employer denies a claim as non-work-related, can it subsequently defend a civil suit with an exclusivity argument? Has the definition of “intentional injury”
been so watered down that it is no longer a meaningful defense? Our experts will discuss these and
other concepts and take your questions.
• Examine whether exclusivity is still a powerful tool for the employer
Ethics for HR Specialists, Risk Managers and Claims Adjusters LR5
• Evaluate the dangers of taking a legal position on a small claim that can
be later used against the employer in a much larger tort action
• Recognize the types of employer/carrier activity that undermine the defense
• Explore whether an employer might be better off in the tort arena in certain
Eugene F. Keefe, Partner, Keefe, Campbell, Biery & Associates
Thursday, Nov. 20 | 1: 30 - 2: 45 p.m.
The role of ethics in claims handling cannot be underestimated. For example, you may end up bearing responsibility for a vendor who acts in bad faith. Situations such as setting up Medicare set-aside
accounts, dealing with HIPAA concerns and addressing fraud should not lead to your company’s
downfall. Veteran attorney Eugene Keefe will outline the risks and solutions to ethically-challenging
workers’ comp scenarios in this lively, entertaining and educational session.
• Describe the genesis and development of ethics in the industry
• Review best practices for ethical handling of claims
• Recognize the risks involved when confronted with unethical decisions by others
Temp Nation: Risks, Red Flags and Injury Rates LR6
Corey Berghoefer, SVP Risk Management & Insurance, Randstad
Richard M. Jacobsmeyer, Partner, Shaw, Jacobsmeyer, Crain & Claffey, PC
Moderator: Brad Bleakney, Managing Partner, Bleakney & Troiani
Thursday, Nov. 20 | 3: 45 - 5 p.m.
The unprecedented growth of temporary workers begun in 2000 continues to be a major trend. Our
experts will examine a variety of resulting issues, from temp workers’ high injury rates to underwriting
workers’ comp coverage for employers using a large number of temps.
• Interpret how employers can limit exposure when dealing with temp
agencies and subcontractor contracts
• Manage third party liability concerns of using temp or borrowed
• Examine case law involving the exclusive remedy doctrine when using
temp or borrowed employees