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Comp-Pro Seminars, Inc. an approved provider of Cont. Education
by the State Bar of California will be presenting seminars on
the Americans with Disabilities Act vs. Workers' Compensation Law, in
Northern and Southern California locations in Jan. '95.
A Workers' Comp. Applicant who represented herself as totally disabled
is estoped from filing an A.D.A. action, Reigel vs. Kaiser Foundation
Health plan of N. Carolina, U.S. District Court, Order Of Summary
Judgment.  Could a lesser disability rating still be enough to raise
the defense of no reasonable accommodation available based upon the
essential functions of the job?  One legal expert warns "If you
document your injury improperly, you may blow out your civil rights
claim."
The same may be true for the Employer and/or Insurer.  Can a Comp.
case too well defended trigger an expensive A.D.A. case where none
otherwise may have existed?  And might such quality representation
ultimately raise conflict of interest issues between Insurers, and
Employers who are not indemnified on the A.D.A. matter?  Can
reimbursement be sought for disability paid as a result of a
reasonable accommodation wrongfully denied?
Clearly, the Workers' Compensation case and the potential A.D.A. case,
arising out of the same set of facts, may have inherent competing
interests, which in many instances will be mutually exclusive for all
concerned parties.
Because of the competing interests in the two cases, BOTH CASES SHOULD
IDEALLY HAVE BUT ONE CONDUCTOR, responsible for the development of the
best possible scenario for the client, whether Applicant/Plaintiff or
Defense.  At very least, the Comp. and Civil Attorney MUST BE TOTALLY
COORDINATED REGARDING THEIR ETHICAL AND LEGAL RESPONSIBILITIES IN BOTH
THE FEDERAL AND WCAB FORUMS.
Leading experts throughout the country are strongly recommending the
injured worker request a reasonable accommodation BEFORE filing for
Workers' Compensation or Disability benefits in order to preserve the
potential A.D.A. case.  OTHERS ARE RECOMMENDING CLIENTS WITH SOLID
A.D.A CASES NOT FILE COMP. CASES AT ALL! But what about the client who
needs disabilitiy benefits NOW in order to survive?  A Catch 22
situation?  The former Director of A.D.A policy for the E.E.O.C
believes it is.
This conference goes far beyond the Black Letter Law of the A.D.A.
DID THE FRAMERS OF THE A.D.A. IN WASHINGTON EVER UNDERSTAND THE
WORKERS' COMPENSATION AND DISABILITY BENEFITS CONFLICTS AND CROSSOVER
ISSUES ATTENDANT THERETO?  WE THINK NOT!
Conferences are all day with breakfast, lunch and comprehensive
syllabus.  7.5 continuing education units.
Designed for Attorneys/Insurance claims personnel/Self Insureds/Risk
Managers/Third Party Administrators.
 
For further info reply E-Mail or cal (310) 822-7471
 
Scott Brody, Esq.
Program Dirctor
Comp-Pro Seminars, Inc
171, Pier Ave. #325
Santa Monica, CA 90405