Workers' Compensation Bad Faith in the Wake of Summers v. Zurich American - OBA/ CLE Webinar

November 2009

An OBA/CLE Webcast Seminar

DATE: November 13, 2009

TIME: Noon

LOCATION: Your choice-any place with a computer

CLE CREDIT:

This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission for 2 hours of mandatory CLE Credit, including 0 hours of ethics. This is considered live MCLE seminar credit, not online seminar MCLE credit. Questions? Call (405) 416-7006

TUITION: $100. No discounts. Register online at www.legalspan.com/okbar/webcasts.asp

CANCELLATION POLICY: Cancellations, discounts, refunds or transfers will not be accepted.

This program will address the impact of Summers v. Zurich American on bad faith litigation arising from the handling of workers’ compensation claims:

· When does the “functional equivalent” of a certification order from the WCC occur? How do you prevent it in the WCC?

· What conduct with respect to the provision of non-monetary medical benefits can give rise to bad faith? How do you prevent it at the WCC without pre-certifying all medical care recommended?

· What do claimants and plaintiffs do with the “reasonable inference” that arises from a certification order? Does it also arise from a “functionally equivalent” certification order? How does the defendant overcome it in district court?

· What happens when the WCC case continues while bad faith litigation is pending? What issues can the WCC hear that may affect the bad faith case? Can post-litigation conduct in the WCC case be used in the bad faith action? How to handle privilege issues?

Program Presenters

Brooks Richardson, Fellers, Snider, Blankenship, Bailey & Tippens, A P.C., Oklahoma City

Bryan King, Fellers, Snider, Blankenship, Bailey & Tippens, A P.C., Oklahoma City

PROGRAM:

12:00 p.m. Workers’ Compensation Bad Faith in the Wake of Summers v. Zurich American

12:50 p.m. Break

1:00 Program continued

1:50 Adjourn