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 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.
Outline
- Introduction
- Evidentiary rules and standards in workers' comp cases
- Factors considered by decision-makers for admissibility of evidence
- Gathering evidence
- Types of evidence needed in workers' comp cases
- Challenges obtaining certain types of evidence (e.g., social media, medical records)
- Common evidentiary issues
- Strategies for pursuing admissibility of evidence
- Strategies for pursuing exclusion of evidence
- 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
Michael P. Del Bueno
Partner
WHITT DEL BUENO CLARK
Mr. Del Bueno has practiced primarily in the area of insurance defense and workers’ compensation law. He writes... | Read More
Mr. Del Bueno has practiced primarily in the area of insurance defense and workers’ compensation law. He writes articles on workers’ compensation issues in Whitt Del Bueno Clark’s e-newsletter. Mr. Del Bueno is a member of the Virginia State Bar and the Virginia Association of Defense Attorneys.
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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
Ms. Nicholson concentrates her practice on the defense of national and regional insurance carriers, third-party administrators, and self-insureds in workers’ compensation matters. She has successfully litigated cases in a variety of industries including commercial transportation, food and hospitality, retail, and manufacturing. Ms. Nicholson has handled all aspects of litigation including utilization review, depositions, mediations, hearings, and testimonies. Additionally, she has obtained favorable decisions before workers’ compensation judges, the Pennsylvania Workers’ Compensation Appeal Board, and the Commonwealth Court.
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