2019 Annual Longshore Conference

Loyola University New Orleans College of Law in conjunction with the U.S. Department of Labor presents the

ANNUAL LONGSHORE CONFERENCE March 21-22, 2019 InterContinental New Orleans New Orleans, Louisiana

REGISTER ONLINE AT loyno.edu/cle

ALC

2019 ANNUAL LONGSHORE CONFERENCE MARCH 21 – 22

ALC ALC ADVISORY BOARD Alan G. Brackett, Chair Mouledoux, Bland, Legrand & Brackett LLC New Orleans, Louisiana David C. Barnett Barnett, Lerner, Karsen & Frankel PA Fort Lauderdale, Florida Steven M. Birnbaum Law Offices of Steven M. Birnbaum San Rafael, California Arthur J. Brewster Law Office of Arthur J. Brewster Metairie, Louisiana David A. Duhon District Director, OWCP New Orleans, Louisiana Kenneth G. Engerrand Brown Sims PC Houston, Texas Ralph R. Lorberbaum Zipperer, Lorberbaum & Beauvais Savannah, Georgia The Hon. Lee J. Romero Jr. District Chief Judge Office of Administrative Law Judges U.S. Department of Labor Covington, Louisiana Collins C. Rossi Pre-Trial Solutions of Louisiana Metairie, Louisiana William J. Scheffler, IV, CPCU, AIC American Equity Underwriters Metairie, Louisiana Program Director Heather Begneaud McGowan Director of Communications and CLE Loyola University New Orleans College of Law

Thank you...

Loyola University New Orleans College of Law extends appreciation to the conference advisory board and to the speakers who graciously volunteer their time and unparalleled expertise to produce this premier longshore conference.

THURSDAY, MARCH 21, 2019 7:30 a.m. – 8:15 a.m. Registration 8:15 a.m. – 8:30 a.m.

Introduction and Announcements Hon. Madeleine M. Landrieu Dean and Judge Adrian G. Duplantier Distinguished Professor of Law Heather B. McGowan, Director of Communications and CLE Loyola University New Orleans College of Law Alan G. Brackett, Advisory Board Chair Mouledoux, Bland, Legrand & Brackett, LLC • New Orleans, Louisiana

8:30 a.m. – 9:30 a.m.

Significant Judicial Decisions Impacting Claims Arising Under the Act and Its Extensions James R. Babcock Holmes Weddle & Barcott, P.C. • Lake Oswego, Oregon Amie C. Peters Blue Water Legal PLLC • Edmonds, Washington D.C. Mark A. Reinhalter, Counsel for Longshore Office of the Solicitor of Labor • Washington, D.C.

9:30 a.m. – 9:45 a.m. Break 9:45 a.m. – 11:30 a.m. Overview on Operations of the Office of Workers’ Compensation Programs

• Oversight and Administration of Claims

• Technology Advances

• Issues with Processes, Including Case Create and SEA Portal

• Service of Orders and Forms LS-801 and LS-802

• Pending Policy Initiatives

Julia K. Hearthway, Director

Office of Workers’ Compensation Programs • Washington, D.C.

Douglas C. Fitzgerald, Director

Division of Longshore and Harbor Workers’ Compensation • Washington, D.C.

Tirzah Leiman-Carbia, Branch Chief of

Financial Management, Insurance and Assessment • Washington, D.C.

Kristina K. Hall, Branch Chief of

Policy, Regulations and Procedure • Jacksonville, Florida

David B. Groeneveld, District Director

Boston, Massachusetts

David Abeijon, District Director

New York, New York

Joel I. Romero, District Director

Jacksonville, Florida

David A. Duhon, District Director

New Orleans, Louisiana

David Widener, District Director

Houston, Texas

R. Todd Bruininks, District Director

San Francisco, California

Marco Adame, District Director

Long Beach, California 11:30 a.m. – 1:00 p.m. Lunch 1:00 p.m. – 2:30 p.m.

Effective Advocacy Before the Office of Administrative Law Judges Hon. Paul R. Almanza Associate Chief Judge of Longshore and Immigration • Washington, D.C. Hon. Colleen A. Geraghty District Chief Judge • Boston, Massachusetts Hon. Lee J. Romero, Jr. District Chief Judge • Covington, Louisiana Hon. Paul C. Johnson, Jr. District Chief Judge • Newport News, Virginia Hon. Richard M. Clark Acting District Chief Judge • San Francisco, California

2:30 p.m. – 3:45 p.m. Annuities, Medicare Set-Asides and the Implications for

Settlements Under the Act

• What Does MSA Administration Include?

• Does MSA Administration Benefit the Injured Worker?

• The Impact of Annuitizing Settlements

• How to Structure Settlements to Protect the Parties

Keith M. Christie Ringler Associates • Metairie, Louisiana Porter Leslie, President Ametros • Burlington, Massachusetts Hon. Tracy A. Daly Covington, Louisiana Ralph R. Lorberbaum Zipperer, Lorberbaum & Beauvais • Savannah, Georgia Simone H. Yoder Mouledoux, Bland, Legrand & Brackett, LLC • New Orleans, Louisiana

3:45 p.m. – 4:00 p.m. Break 4:00 p.m. – 4:45 p.m. Third Party Claims and the Impact on LHWCA Claims

• The Interplay of State, Maritime and Jones Act Jurisdiction

• Impact on Settling Claims

• Discovery in the Third Party Claim and the Role of Employer and Carrier

• Intervention Versus Lien Notices and Protecting the Lien-holder’s Interests

Steven M. Birnbaum Law Offices of Steven M. Birnbaum • San Rafael, California Allen D. Hemphill Brown Sims • Houston, Texas

4:45 p.m. – 5:45 p.m. Longshore Jeopardy!

Hon. Patrick M. Rosenow

Office of Administrative Law Judges • Covington, Louisiana 5:45 p.m. – 7:15 p.m. Cocktail Reception

MCLE Credit

Loyola is an ABA accredited law school and presumptively approved as a CLE provider in most states.

Loyola directly applies for and ordinarily receives CLE credit for the ALC as follows: AL 11.5 hours FL 14.0 hours GA 11.5 hours LA 11.5 hours MS 11.5 hours TX 11.5 hours

CE Credit

Loyola directly applies for and ordinarily receives CE credit for the ALC as follows:

FRIDAY, MARCH 22, 2019

Louisiana Insurance Mississippi Insurance Texas Insurance CCMC

8:30 a.m. – 10:00 a.m. The Impact of Vocational Rehabilitation Evidence

• What is the Employer’s Role in the Rehabilitation Process?

• Presentation of Vocational Evidence

• Direct and Cross-Examination of Vocational Experts

Attendance certificates will be issued upon completion to those seeking CE credits in other professions.

Jonathan Beiser Beiser Law Firm • Rockville, Maryland Brendan E. McKeon Flicker, Garelick & Associates, LLP • New York, New York Stacie A. Nunez, MHS, CRC, LRC, CLPC Seyler Favaloro, Ltd. • New Orleans, Louisiana Hon. Dana Rosen Newport News, Virginia

10:00 a.m. – 10:45 a.m. The Appellate Process Before the Benefits Review Board

• Advocacy Before the Board

• Processes, Case Load, and Decision Making

• Electronic Filing and Pending Technology Advances 10:45 a.m. – 11:00 a.m. Break 11:00 a.m. – 12:00 p.m. The Use of Technology in Claims Handling

• How Can Technology be Used in Claims Handling?

• What Are the Ethical Implications to Technology Use?

• Are There Limits or Guidelines on How This Information is Obtained and Used?

John-Austin Diamond

Diamond Law Practice, PLLC • New York, New York

Frank J. Towers

Blue Williams, LLP • Metairie, Louisiana

12:00 p.m. – 1:00 p.m. Update on Hearing Loss Claims

• Selection of Audiologists

• Status of the Law

• Strategies for Effective Prosecution and Defense of Claims

Jeffrey P. Briscoe The Brewster Law Firm • Metairie, Louisiana Traci M. Castille Franke & Salloum, PLLC • Gulfport, Mississippi David A. Duhon, District Director New Orleans, Louisiana Daniel P. Bode, Au.D., FAAA Associated Hearing • Metairie, Louisiana

Conference Hotel InterContinental New Orleans

BOOK NOW TO GUARANTY AVAILABILITY! CONFERENCE RATE $209/NIGHT Call 1-800-424-6835 or (504) 525-5566 and mention Loyola Law School-Longshore Conference or visit the 2019 ALC event page at loyno.edu/cle and follow the link to reserve online.

SAVE THE DATE FOR 2020 ALC! March 19-20, 2020 Visit loyno.edu/cle for updates

Tuition

Hotel Reservations

Course Materials

RESERVE TODAY! Call 1-800-424-6835 or (504) 525-5566 and mention Loyola Law School-Longshore Conference or visit the 2019 ALC event page at loyno.edu/cle and follow the link to reserve online.

$495 Full Tuition $475 Govt./Non-profit/Loyola Alumni $425 Group Rate – 4 or more participants from the

same firm or company

Conference materials will be made available via a link emailed to registrants approximately one week before the conference.

You may print or download the materials. To view the materials electronically during the conference, we suggest that you download the materials to a laptop computer as we cannot guaranty Internet access. A printed binder of course materials may be purchased in advance for an additional $75. The deadline to order printed course materials is March 6, 2019. Please note that the printed materials fee is non-refundable.

The host hotel for 2019 ALC is the InterContinental New Orleans.

A limited number of rooms are available the special conference rate of $209/night!

InterContinental New Orleans 444 St. Charles Ave New Orleans, Louisiana 70130 1-800-424-6835 (504) 525-5566

Cancellation Policy

Cancellations must be made in writing and emailed to clelaw@loyno.edu by March 18, 2019. A $50 nonrefundable administrative fee and any applicable printed materials fee will, be deducted from the refund. Loyola will gladly accept substitute registrants for cancellations requested after March 18, 2019; however, refunds will not be given for cancellations requested after March 18, 2019.

ALC

2019 ANNUAL LONGSHORE CONFERENCE MARCH 21 – 22

or e-mail clelaw@loyno.edu (504) 861-5441 (866) 250-8617 toll-free Contact Us for More Information

2019 ALC Online Registration at: loyno.edu/cle MARCH 21 – 22

LONGSHORE ALC CONFERENCE

2019 ANNUAL Campus Box 905 7214 St. Charles Avenue New Orleans, LA 70118

COLLEGE OF LAW

Permit No. 995 New Orleans, LA

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