Multi-Jurisdictional Workers' Compensation Claims

Selecting the Jurisdiction and Navigating Conflicting State Laws Regarding Benefits, Rights and Responsibilities

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Tuesday, February 14, 2012

Recorded event now available

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Course Materials

This CLE course will provide guidance to counsel for claimants and employers on handling multi-jurisdictional workers' compensation claims. The panel will discuss how to determine the appropriate jurisdiction and what to do when conflicts of law arise.

Description

In today's mobile workforce, counsel for workers' compensation claimants and employers more and more often encounter situations where a worker is employed in one state but suffers an on-the-job injury in another state. The question arises: Which state's laws apply regarding benefits, rights and responsibilities?

The state where an injury occurs has jurisdiction, but most states can also assume jurisdiction if an employment contract was initiated in that state or if that state is the principal place of employment. Claimants and employers often disagree on which state has jurisdiction over claims.

To further complicate matters, dual jurisdiction can exist in some situations, and benefits are partially paid by both states. Counsel for claimants and employers must determine the most appropriate jurisdiction for a claim—and understand how to handle conflicts of law.

Listen as our authoritative panel of workers' comp counsel discusses best practices for handling multi-jurisdictional claims, including considerations for differing laws regarding benefits, physician choice, waiting periods, vocational rehabilitation, length of pay period, employer tort liability, and recovery rights through insurance subrogation.

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Outline

  1. Factors for Determining Jurisdiction of a Workers’ Comp Claim
  2. Multi-Jurisdictional Issues
    1. Differing Benefits
    2. Differing Claimant and Employer Rights
    3. Differing Responsibilities
    4. Employer Tort Liability
    5. Subrogation and Recovery
  3. Best Practices for Resolving Multi-Jurisdictional Claims

Benefits

The panel will review these and other key questions:

  • How is it determined which state has jurisdiction over a workers' comp claim?
  • What happens in the event of conflicting subrogation laws?
  • What effect does workers' comp jurisdiction have on an employer's tort liability?
  • What are the best practices for handling benefits paid partially by two states?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Thomas O. Sippel
Thomas O. Sippel
Partner
Leitner, Williams, Dooley & Napolitan

He primarily represents employers and insurers in a variety of matters, including employment law matters, workers'...  |  Read More

Sean W. Martin
Sean W. Martin
Member
Leitner Williams Dooley & Napolitan

His areas of practice include commercial litigation, construction, professional liability, transportation / railroad,...  |  Read More

Michael C. Milstein
Michael C. Milstein
Bryce Downey & Lenkov

He concentrates his practice in workers’ compensation defense. He has experience working on a variety of matters...  |  Read More

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