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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Tuesday, June 10, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

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.

Faculty

Michael P. Del Bueno
Partner
WHITT DEL BUENO CLARK

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.

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Dawn M. Nicholson
Partner
Weber Gallagher Simpson Stapleton Fires & Newby, LLP

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.

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Description

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. 

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.

Outline

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

Benefits

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?