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Evidentiary Challenges in Workers' Comp Litigation: Gathering Evidence, Strategies for Admissibility and Exclusion

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, June 10, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, May 16, 2025

or call 1-800-926-7926

This CLE webinar will examine evidentiary issues faced by workers' comp litigators when bringing or defending workers' comp claims. The expert panel will discuss the evidentiary rules and standards that generally apply to workers' comp litigation and how they dictate evidence gathering. The panel will also provide strategies for pursuing admission and exclusion of evidence.

Description

Workers' comp claims hinge on the type of evidence provided including medical records, witness statements, work-related documents, and expert testimony. The strength and clarity of the evidence will impact decisions on entitlement and compensation. Therefore, workers' comp litigators should clearly understand the evidentiary standards governing workers' comp claims, factors considered by ALJs or other decision-makers for admissibility of evidence, and how these may impact the type of evidence gathered and the process.

Listen as our expert panel of workers' comp litigators guides counsel through the evidentiary challenges facing litigators in workers' comp claims. The panel will offer best practices for gathering evidence and developing strategies for pursuing its admissibility and exclusion.

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Outline

  1. Introduction
  2. Evidentiary rules and standards in workers' comp cases
    1. Factors considered by decision-makers for admissibility of evidence
  3. Gathering evidence
    1. Types of evidence needed in workers' comp cases
    2. Challenges obtaining certain types of evidence (e.g., social media, medical records)
  4. Common evidentiary issues
  5. Strategies for pursuing admissibility of evidence
  6. Strategies for pursuing exclusion of evidence
  7. Practitioner takeaways

Benefits

The panel will review these and other important considerations:

  • What are the rules or standards of evidence that typically govern workers' comp cases?
  • What factors are considered by decision-makers when determining whether evidence is admissible? How does this impact the evidence-gathering process?
  • What challenges do practitioners face when gathering evidence?
  • What are strategies for admitting evidence? Excluding evidence?

Faculty

Nicholson, Dawn
Dawn M. Nicholson

Partner
Weber Gallagher Simpson Stapleton Fires & Newby

Ms. Nicholson concentrates her practice on the defense of national and regional insurance carriers, third-party...  |  Read More

Attend on June 10

Early Discount (through 05/16/25)

Cannot Attend June 10?

Early Discount (through 05/16/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video