Evidentiary Challenges in Workers' Comp Litigation: Gathering Evidence, Strategies for Admissibility and Exclusion
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Employment and Workers Comp
- event Date
Tuesday, June 10, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will examine evidentiary issues faced by workers' comp litigators when bringing or defending workers' comp claims. The expert panel will discuss the evidentiary rules and standards that generally apply to workers' comp litigation and how they dictate evidence gathering. The panel will also provide strategies for pursuing admission and exclusion of evidence.
Mr. Del Bueno has practiced primarily in the area of insurance defense and workers’ compensation law. He writes articles on workers’ compensation issues in Whitt Del Bueno Clark’s e-newsletter. Mr. Del Bueno is a member of the Virginia State Bar and the Virginia Association of Defense Attorneys.
Ms. Nicholson concentrates her practice on the defense of national and regional insurance carriers, third-party administrators, and self-insureds in workers’ compensation matters. She has successfully litigated cases in a variety of industries including commercial transportation, food and hospitality, retail, and manufacturing. Ms. Nicholson has handled all aspects of litigation including utilization review, depositions, mediations, hearings, and testimonies. Additionally, she has obtained favorable decisions before workers’ compensation judges, the Pennsylvania Workers’ Compensation Appeal Board, and the Commonwealth Court.
Workers' comp claims hinge on the type of evidence provided including medical records, witness statements, work-related documents, and expert testimony. The strength and clarity of the evidence will impact decisions on entitlement and compensation. Therefore, workers' comp litigators should clearly understand the evidentiary standards governing workers' comp claims, factors considered by ALJs or other decision-makers for admissibility of evidence, and how these may impact the type of evidence gathered and the process.Â
Listen as our expert panel of workers' comp litigators guides counsel through the evidentiary challenges facing litigators in workers' comp claims. The panel will offer best practices for gathering evidence and developing strategies for pursuing its admissibility and exclusion.
I.     Introduction
II.   Evidentiary rules and standards in workers' comp cases
A.    Factors considered by decision-makers for admissibility of evidence
III.   Gathering evidence
A.    Types of evidence needed in workers' comp cases
B.    Challenges obtaining certain types of evidence (e.g., social media, medical records)
IV.   Common evidentiary issues
V.     Strategies for pursuing admissibility of evidence
VI.    Strategies for pursuing exclusion of evidence
VII. Practitioner takeaways
The panel will review these and other important considerations:
- What are the rules or standards of evidence that typically govern workers' comp cases?
- What factors are considered by decision-makers when determining whether evidence is admissible? How does this impact the evidence-gathering process?
- What challenges do practitioners face when gathering evidence?
- What are strategies for admitting evidence? Excluding evidence?
Related Courses
Return to Work Challenges in Workers’ Comp: Employer Considerations; Effective RTW Programs
Wednesday, June 18, 2025
1:00 p.m. ET./10:00 a.m. PT