Best Practices: The Well Prepared Workers Compensation Lawyer

This book is a statewide collaboration between the bench and bar. 

In 2017 the PBA Workers’ Compensation Bench Bar Committee conducted a CLE on streamlining procedures and improving communications between practitioners and judges. In response to the overwhelmingly positive feedback received at that forum, a permanent standing committee is now in place to review and recommend ways to refine and improve workers’ comp practice in Pennsylvania.

The 2019 Best Practices manual is written by distinguished judges and attorneys who analyze the top issues including preparedness, professionalism and communication in relation to:

• WCAIS
  
• Hearings and Mediations
  
• Evidence

Summary of Contents

Hearings and Mediation

• Effective Pre-Hearing Strategies

Claimant’s Counsel’s Strategies Regarding Notification of Representation 
Scheduling of Hearings
Discovery 
Things to Request Prior to the First Hearing 
Reviewing WCAIS Prior to Hearing 
Know the Format of the Hearing(s) – 1-Day Trial vs. Serial Hearings 
Judge’s Scheduling Order: Cost Effective Considerations May Lead to More Practical Results 

• Conduct and Goals to Accomplish at the Hearing 

Know Your Judge 
Communication 
From the Judge’s Perspective: Organization and Preparation 
Confidence in and Respect for Self, the Bench, and the Bar 

• Post Hearing Follow Up 

Communications with the WCJ/Opposing 
Subpoenas 
Exhibits 
Tips for Dealing with Exhibits 
Depositions 
Deadlines/Extensions 

• Mediation 

The Basics 
Mediation Statements/Memorandum 
Mediation Best Practices 
Mediation Process/Format 

• The Well Prepared Lawyer: Hearings and Mediations (Slides) 

Effective Pre-Hearing Strategies 
Conduct and Goals to Accomplish at the Hearing 
Post Hearing Follow Up 
Mediations 

Evidence

• Well-Prepared Lawyer Using Technology 

Skyping: Judge Cicola’s 10 Tips to Judges on Using Skype and Queena Baumbach’s Tips to Attorneys 
How to Use WCAIS on a Mobile Device

• Best Practices in Workers’ Compensation – Evidentiary Reminders

• Best Trial Practices (Slides) 

Pre-Trial Planning ‐ with Mediation Favored 
First Hearings are More Important Than Ever 
Thoughts on Trial Strategy 
Trial Strategy – Ask for a Ruling 
Preparation of Exhibits and Witnesses 
Law by the Seat of One’s Pants? 
Prepare the Witness to know the Weaknesses 
Trial Strategy and WCAIS 
Is a WCAIS Exhibit in Evidence? 
Decorum and Respect for the Profession 
Decorum and Professionalism 

• Select Rules and Regulations Regarding Depositions 

Pa.R.E., Rule 803. Exceptions to the Rule Against Hearsay – Regardless of
Whether the Declarant Is Available as a Witness 
Pa.R.E., Rule 703. Bases of an Expert's Opinion Testimony 
Pa.R.E., Rule 702. Testimony by Expert Witnesses 
Regulations § 131.62 – § 131.67 

WCAIS 

• The Well-Prepared Lawyer – Professional and Ethical Use of the WCAIS System

Communications between the Judges and Attorneys

1. What Communications Can Be Sent by the Judge and Seen by Attorneys from the Dashboard?
2. What Communications Can Be Sent by the Judge and Seen by Attorneys from the Dispute Summary of an Open Dispute?
3. What Attorney Communications does the Workers’ Compensation Judge See on the Dashboard?
4. What Attorney Communications does the Workers’ Compensation Judge See from the Dispute Summary?

EDI Forms Solution

1. All Attendees Need to Learn About It
2. Notice Stopping Temporary Compensation Conflict
3. Michael H. White v. Metropolitan Edison Company
4. Where to Find Training and EDI Documentation Guides, Supplements, Reference Sheets 
   
5. Claims Summary

Ethical Considerations

1. The Golden Rule
2. WCJ Rule 131.81
3. WCJ Rule 131.13
4. Rule of Professional Conduct 1.1
5. WCJ Rule 131.11
6. WCJ Rule 131.56 

• WCAIS (Slides) 

Communications between the Judges and Attorneys
EDI Forms Solution
Ethical Considerations

• EDI Resources 

Forms Solution Form to Transaction Guide 
EDI Quick Reference Guide for Attorneys 
FROI and SROI 02 Mapping Reference Sheet