Scott W. French
Becker French & Durkin
Racine

Grace Marie Kulkoski
Peterson, Johnson & Murray S.C.
Madison

John Minix
Wisconsin Department of Workforce Development-Workers Compensation Division
Madison

8:30 a.m. : Overview of Worker’s Compensation

• Nature of the system
• What it is and what it isn’t
• Everyday resource materials
  Scott W. French

9:00 a.m. : Conditions of Liability §102.03

• Jurisdiction
• Definition of employers and employees §§102.04; 102.07
• Average weekly wage §102.11
• Date of the injury §102.01(2)(g)
  John Minix

9:30 a.m. : Primary Compensation

• Temporary disability §102.43
• Permanent disability §§102.52 to 102.56 and 102.44
• Lost earning capacity
  Grace M. Kulkoski

10:15 a.m. : Break

10:30 a.m. : Additional Compensation

• Vocational retraining §102.61 and §102.43(5)
• Death benefits §102.46 to §102.51
• Disfigurement §102.56
  Scott W. French

11:00 a.m. : Medical Evidence

• Legal and medical causation
• Presenting medical proof at hearing WC-16B, §102.17(1)(d)
• Medical expenses §102.42 and WC-3
• Independent Medical Exam and Medical Records §102.13
  Grace M. Kulkoski

11:45 a.m. : Question & Answer

12:00 p.m. : Lunch (on your own)

1:15 p.m. : Litigation Process Overview

John Minix, Scott W. French, Grace M. Kulkoski

I. Pleadings

• Application for Hearing – Applicant’s perspective
• Initial Review of Application – DWD
• Answering the Application – Respondent’s perspective
• Initial Review of Answer – DWD

II. Preparations for Hearing

• Applicant’s Burden of Proof
• Respondent’s Defenses
• DWD – Notice of Hearing

III. Hearing Procedures

• Delineation of Claim and Evidentiary Submissions
• Delineation of Defenses and Evidentiary Submissions
• Role of Presiding ALJ

IV. Resolution by Stipulation or Compromise

• Negotiations and Settlement – Applicant and Respondent
• DWD Review – valid disputes, limited or full and final

3:00 p.m. : Question & Answer

3:15 p.m. : Program Concludes

• Get an overview of worker's comp in Wisconsin
• Hear applicant, respondent, and ALJ viewpoints
• Learn the statutory conditions of liability
• Explore the various types of available compensation
• Discover how to obtain and present medical evidence
• Receive a thorough review of the litigation process

• Worker’s compensation lawyers
• General practitioners
• Attorneys new to worker’s comp
• Experienced attorneys seeking a refresher

The Build Your Practice Series from State Bar of Wisconsin PINNACLE® introduces you to the fundamentals of various practice areas. Gain the tools and information you need to develop a new area of practice and expand your firm's offerings. Build Your Practice Series programs are endorsed by the State Bar's Young Lawyers Division.