Continuing Education

Continuing Education

The Silvera Firm is an approved provider of continuing education courses

DEFENDING WORKERS – COMPENSATION CLAIMS IN TEXAS

This course will educate insurance adjusters and other insurance professionals in defending workers= compensation claims before the Texas Department of Insurance Division of Workers= Compensation on through judicial review in district court. The adjuster will learn each step of the administrative process beginning with the investigation and denial of a claim, exhaustion of the administrative remedies and appeals to the courts of last resort. Additionally, this course will provide information regarding current developments before the Texas Workers= Compensation Commission, Texas Labor Code, administrative violations and alleged bad faith.
Number of CE credit hours: Total 2.5 (General CE 2.0 and Ethics 0.5)

OVERVIEW OF TEXAS NON-SUBSCRIBER LAW

Non-subscriber claims adjusters and other insurance professionals will learn of recent significant changes in non-subscriber law in Texas. A comprehensive overview of current law will enable the claims adjusters and other insurance professionals to effectively evaluate and administrate non-subscriber claims in the context of litigation and arbitration. The topics will include a general overview of the statutory provisions which govern non-subscribers, as well as, the duties of non-subscribing employers. The course offers instruction regarding common law defenses; affiliated and joint employers; proportionate responsibility; damages; arbitration; and the designation of responsible third-parties.
Number of CE credit hours: General 1.5

OVERVIEW OF TEXAS PREMISES LIABILITY LAW

Liability claims adjusters and other insurance professionals will become knowledgeable of the recent significant changes involving premises liability law in Texas. A comprehensive overview of the state of the law will enable the claims adjusters and other insurance professionals to effectively evaluate and administrate premises claims which are in both the context of litigation and arbitration. The topics will include educating the adjusters on a general overview of the statutory provisions which create a course of action based on premises liability, as well as the duties of owners/occupiers of the premise and the course offers instruction regarding common law defenses; proportionate responsibility; damages; and legal classification of plaintiffs.
Number of CE credit hours: General 1.5

WORKERS’ COMPENSATION CHANGES AND STRATEGIES

This course will update adjusters on recent changes in the Texas Labor Code, Division of Workers Compensation Rules, procedures in the Division of Workers Compensation and pertinent changes in case law. Specifically, the course will address recent developments in workers compensation concerning extent of injury issues and strategies on how to deal with this troublesome issue. The course will familiarize the adjusters with the Medical Disability Advisor and Occupational Disability Guidelines, which are currently recognized by the Division of Workers Compensation as standard guidelines for disability and treatment management. The course will educate adjusters on how to use the Medical Disability Advisor Guidelines and Occupational Disability Guidelines to effectively manage a workers compensation case. The course will also address recent changes in the medical dispute resolution process including the new use and application of the “medical necessity” Contested Case Hearing. The adjusters will be made familiar with the requirements for an interlocutory order, and the general criteria which Division employs use to determine when and how to issue interlocutory orders. The course will address the recent changes in the Texas Labor Code and Division Rules on how to use and apply designated doctors. The course will detail the procedure for requesting designated doctors, objecting to designated doctors, seeking letters of clarification, and ultimately challenging designated doctor’s opinions.
Number of CE credit hours: General 1.5

BAD FAITH LAWSUITS IN TEXAS WORKERS COMPENSATION

This course will educate adjusters on the common law and statutory basis for bad faith claims, the mechanics of a bad faith claim, the steps an adjuster may take to develop defenses to bad faith claims, and the damages that may be sought in bad faith claims. This course will provide a framework for adjusters to understand what actions may give rise to bad faith claims and how an adjuster may develop techniques and handling procedures to avoid bad faith. Further, the course will address recent changes in district course case law for bad faith and will address the requirements a claimant must meet to file a bad faith claim.
Number of CE credit hours: Total 1.5 (Ethics 1.0 and General 0.5)

FOLLOWING THE MONEY

This course will provide an overview of issues and concerns regarding the payment and calculation of indemnity benefits. Participants will become familiar with how the Texas Labor Workers Compensation Division Rules have been applied to specific cases over the past couple of years. The legal issues covered in the seminar will include the payment and calculation of TIBS and IIBS. This seminar will also address concerns and issues regarding bona fide offers of employment, other disability considerations, maximum medical improvement, improvement ratings and designated doctor challenges.
Number of CE credit hours: General 1.5

EXTENT OF INJURY – ARE INJURIES STILL MIGRATING?

Workers Compensation Claims adjusters and other insurance professionals will become knowledgeable of the rules and regulations governing indemnity benefits and medical dispute resolution before the Texas Department of Insurance, Division of Workers Compensation. Several topics regarding the application of the Texas Labor Code and Division of Workers Compensation Rules will be addressed through discussions of specific cases and findings of the Appellate court system and Division of Workers Compensation Appeals Panel Decisions. The topics covered include waiver under the Texas Labor Code; does waiver apply to extent; appellate decisions in Lawton, Ayala, and In reTexas Mutual; investigation on extent, expert evidence on extent of injury.
Number of CE credit hours: General 2.0

TX NON-SUBSCRIBER CASE LAW UPDATE

Non-subscriber claims adjusters and other insurance professionals will become knowledgeable of the recent significant changes involving non-subscriber law in Texas. A comprehensive overview of current Federal and State Law cases which will enable claims adjusters and other insurance professionals to effectively evaluate and adjust non-subscriber claims. In addition, the course offers instruction regarding common law defenses; affiliated and joint employers; proportionate responsibility.
Number of CE credit hours: General 1.5

SIBS, LIBS & OTHER MONSTERS

This course will provide an overview of issues and concerns regarding the more complex issues facing adjusters in the handling of advanced workers’ compensation files. Participants will become familiar with how the Texas Labor Workers Compensation Division Rules have been applied to specific cases over the past couple of years. The legal issues covered in the seminar will include such issues as SIBS, LIBS, recoupment and contribution. This seminar will also briefly address the difference between relatedness tests and medical reasonableness and necessity tests under the Medical Dispute Resolution process before the Texas Department of Insurance, Division of Workers Compensation.
Number of CE credit hours: General 1.5

CATASTROPHIC TRUCK ACCIDENTS: REMOTE INVESTIGATION (Part I.)

The first part of a 4-part series, this course will provide a comprehensive overview of best practices and procedures for early and effective remote investigation of catastrophic trucking accidents. Participants will become familiar with methods and procedures for remote investigation of the accident, including: the importance of rapid response to catastrophic commercial truck accidents; preservation of evidence; electronic vehicle data, retention and direction of forensic experts; remote investigation of the accident as regards truck company, driver, adverse parties, tow yard, police, fire dept., ER and hospitals, and internet research, including media coverage, obituaries, satellite imagery and trucking regulations.
Number of CE credit hours: Total General 1.5

CATASTROPHIC TRUCK ACCIDENTS: ON-SCENE INVESTIGATION (Part II.)

The second part of a 4-part series, this course will provide a comprehensive overview of best practices and procedures for early and effective on-scene investigation of catastrophic trucking accidents. Participants will become familiar with methods and procedures for remote investigation of the accident, including discussion of real-life cases, investigations and trials. The topics covered will include: expert retention and direction, equipment, vehicle inspection, scene inspection and witness interviews.
Number of CE credit hours: Total General 1.5

CATASTROPHIC TRUCK ACCIDENTS: ETHICS & CONFIDENTIALITY (Part III.)

The third part of a 4-part series, this course will provide a comprehensive overview of best practices and procedures for maintaining confidentiality, privilege, and work product, during investigation of catastrophic trucking accidents. Participants will become familiar with methods and procedures for maintaining confidentiality, privilege, and work product, during investigation of catastrophic trucking accidents, including discussion of real-life cases, investigations and trials. The topics covered will include: legal standards for confidentiality, privilege and work product, best practices for management of experts, and best practices for taking statements and recording statements, and chain of custody issues.
Number of CE credit hours: Total Ethics 1.0

CATASTROPHIC TRUCK ACCIDENTS: PRELIMINARY RISK ANALYSIS (Part IV.)

The fourth and final part of a 4-part series, this course will provide a comprehensive overview of best practices and procedures for early and effective on-scene investigation of catastrophic trucking accidents. Participants will become familiar with methods and procedures for remote investigation of the accident, including discussion of real-life cases, investigations and trials. The topics covered will include: expert retention and direction, equipment, vehicle inspection, scene inspection and witness interviews.
Number of CE credit hours: Total General 1.0



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