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Article #1011

A.D.A. vs. Workers' Comp.

#1011
From: Bob Brody
Date: Fri, 26 May 1995 00:00
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Announcement:   Call for Participation
Event:          Seminar 
Name:           Americans with Disabilities Act vs. Workers' Compensation
Dates:          15 July 1995
                22 July 1995
                29 July 1995
Locations:      Anaheim, California USA
                Van Nuys, California USA
                San Francisco, California USA

Organizer:      Comp-Pro Seminars, Inc.   

Contact:        Scott Brody, Esq.
                c/o Comp-Pro Seminars, Inc.
                171 Pier Avenue
                Suite 325        
                Santa Monica, California 90405
                Phone: (310) 822-7471      
                Fax: (310) 822-2896      
                Email: cpro@primenet.com
                WWW: http//www.primenet.com/~cpro/

Keywords:       A.D.A. (ADA)     
                Americans with Disabilities Act
                Workers' Compensation
                Legal                        
                Law             
                Employment issues

Language:       English

Abstract:
          THE ADA vs. WORKERS' COMPENSATION BALANCING ACT.
 
Recent Federal Court rulings have raised very serious concerns with
regard to conflicts of interest between the A.D.A. and Workers'
Compensation/Disability as they affect the injured worker, Workers'
Compensation attorneys, Employment/Labor attorneys, doctors evaluating
job related disabilities and employers seeking to comply with the
mandates both the A.D.A. and Workers' Compensation schemes of law.
 
Disability evaluations based upon traditional job descriptions and the
ability of the worker to compete on the open job market are painfully
inadequate for determining the workers' ability to return to his/her's
current employment based upon A.D.A essential/non-essential functions
analysis and potential reasonable accommodations.
 
To intensify the importance of this issue, the courts have held that
injured workers may be barred, as a matter of law, from pursuing an
A.D.A. action for discrimination where traditional disability
evaluations have documented a total disability for purposes of
obtaining benefits, and have failed to take into consideration
essential/non-essential functions of the current employment and the
possibility of a reasonable accommodation.
 
The ramifications of the foregoing are self evident and astounding.
Disabled workers' rights under the A.D.A. can and have been nullified
by the improper evaluation and documentation of the disability at the
hands of Workers' Compensation attorneys and doctors.  As such,
potential mal-practice on the part of the attorney and common law
negligence on the part of the doctor are at issue.
 
Make no mistake, this is not just another seminar on the A.D.A.
 
Comp-Pro Seminars is an approved provider of continuing education by
the State Bar of California.  Comp-Pro Seminars certifies this program
conforms to the standards for continuing education prescribed by the
rules and regulations of the State Bar for 4.0 MCLE credits. 

                           LOCATIONS
 
    July 15, 1995 - Anaheim, California - Pan Pacific Hotel
    July 22, 1995 - Van Nuys, California - Airtel Plaza Hotel
    July 29, 1995 - San Francisco, California - Golden Gate Yacht Club
 
  All seminars 9:00 am  - 1:30 pm.  Breakfast and comprehensive syllabus 
  included.
 
For complete details/brochure, topics, speakers, go to:

              http://www.primenet.com/~cpro/

or E-Mail cpro@primenet.com
or call 310-822-7471

Scott Brody, Esq.
Program Director 
Comp-Pro Seminars, Inc.
171 Pier Avenue
Suite 325
Santa Monica, California 90405 
    
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From: brody@primenet.com (Bob Brody)
Subject: A.D.A. vs. Workers' Comp.
Date: 1995/05/26
Message-ID: <3q5bqn$859@news.primenet.com>
X-Deja-AN: 103384480
organization: Primenet Services for the Internet (602)395-1010
newsgroups: ca.seminars