The California Workers’ Compensation Institute (CWCI) has scheduled a half-day seminar on advanced permanent disability (PD) rating issues and strategies for November 3 in Oakland, November 6 in Woodland Hills, and November 7 in Irvine.

Since its adoption in 2005, California’s Permanent Disability Rating Schedule (PDRS), which relies on the AMA Guides to the Evaluation of Impairment, 5th Ed. as the key element in determining a correct PD rating, has faced ongoing court challenges to the method for determining an injured worker’s future earning capacity. Recent rulings leave the door open for applicant’s counsel seeking to rebut the PDRS, and they have been going through the Guides chapter by chapter in search of new avenues of attack and opportunities to use "vocational experts" to increase PD ratings. In order to obtain appropriate PD ratings, claims adjusters, defense attorneys and hearing reps need to have a thorough understanding of how the Guides interact with the PDRS and the issues that arise from a PD rating so that they can develop claims management, legal defense and trial strategies to counter the tactics of the applicant’s bar.

The CWCI program will feature PD rating specialist and trainer Jacqueline Secia and veteran defense attorney Jake Jacobsmeyer, who will use a series of hypothetical PD claims involving various types of injuries to flag those areas where the Guides are coming under attack and to illustrate the tactics that are now being used to inflate PD values. The speakers will also show attendees how to evaluate a med-legal report to verify the doctor’s impairment rating, and provide practical guidance on what claims and legal staff need to do to obtain complete med-legal opinions, challenge PD ratings of physicians and the DEU, and prepare for trial. The session will conclude with a Q&A period, moderated by CWCI general counsel Mike McClain, to reinforce the material and address any outstanding issues.

CWCI will present the seminar from 8:30 a.m. to 1 p.m. on November 3 at the Oakland City Center Marriott; November 6 at the Warner Center Marriott in Woodland Hills; and November 7 at the Irvine Marriott. Tuition is $295, with a $70 discount available to CWCI members. The session includes a Continental breakfast, and all attendees will receive a comprehensive syllabus with sample cases, lists of red flags and checklists to use for future reference. Preregistration and prepayment are required. Continuing education units will be available for attorneys, as CWCI is a State Bar of California approved MCLE provider (4 hours). CWCI also will provide certificates of attendance for Dept. of Insurance workers’ comp claim administrator credits, and for submission to the Association of Hearing Reps of California. For more details or to register online, click here http://www.cwci.org/view_announcement.html?id=84. For additional information or to request accommodation of special needs, call Mel Long at 510-251-9470.