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Live Webinar

90-minute live streaming program
  • November 21
  • 1:00 - 2:30 pm EST

Who is Exempt from Workers Compensation?

November 21

Gain a better understanding of how potential claims can be exempt from workers’ compensation.

Many work related injury claims are categorically ineligible for benefits under the workers’ compensation system. However, there is a difference between a claim that “exempt” from workers’ compensation and a claim where a “defense” is applicable. This topic will help those responsible for assessing work related injury claims to identify a claim that is potentially categorically exempt from the workers’ compensation system and how to explore the relevant facts. Each state has its’ own unique workers’ compensation system and statutory provisions but there are common concepts that will be discussed. Specific examples by state will be covered so an interested party can be alerted to the most common red flags.

Learning Objectives

  • You will be able to recognize the grand bargain between workers and employers under the workers’ compensation system.
  • You will be able to discuss the difference between a “defense” to a work injury claim and an exemption from the workers’ compensation system.
  • You will be able to explain when a claim is potentially exempt from the workers’ compensation system.
  • You will be able to identify key facts to explore once you have identified a claim that is potentially exempt.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Overview of Workers' Compensation System
  • Employee Remedies Before Workers' Compensation - Economic Theory Behind Workers' Compensation System
  • Principle of Compromise Between Employers and Employees
  • No Fault System in Exchange for Exclusive Remedy
  • Each State Has Similar but Independent System
Potential Exemptions From the Workers' Compensation System
  • Exemption From System Defined and Contrasted With Defenses to a Claim
  • Independent Contractors
  • Domestic Servants
  • Casual Labor
  • Opt out Provisions
  • Uninsured Employers
  • Developments in the Gig Economy
  • Volunteers
  • Undocumented Workers
  • Business Owners (Partnerships, Limited Liability Companies, Shareholders)
  • Workers From Another State
  • Statutory Exemptions (Examples: Motion Picture Exemption, Licensees)
Remedies for Injured Worker Not Covered by Workers' Compensation
  • Tort Damages: Employer and/or Third Parties
  • Common Law Elements of Negligence
  • Common Law Defenses Available to Employer
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

Live Webinar Registration

  • CPP/FPC
     
  • Lorman Education Services is an approved provider through the American Payroll Association. This seminar is approved for 1.5 RCHs. PLEASE NOTE: To receive credit through the American Payroll Association for this program you MUST attend the program in its entirety and use the streaming option, as well as enable (and complete) the required progress checks.
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.5
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of Law & Legal Procedure credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • HR Certification Institute 1.5
     
  • This program has been approved for 1.5 recertification credit hours toward general recertification through the HR Certification Institute. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 1.5
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     
  • CPE 1.8 including Personnel/HR 1.8
     
  • Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: https://www.nasbaregistry.org/cpas/complaints. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.8 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Personnel/HR for 1.8 hours. Prerequisite: basic knowledge of workers' compensation. Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
     
  • Lorman Business Center, Inc. is a registered provider for CPA CPE through the State Education Department of New York, Sponsor number: 000640. The following course will carry the subject area of Advisory Services for 1.5 hours.
     

Who should attend?

This live webinar is designed for human resource managers, workers' compensation administrators, benefits and payroll professionals, business owners and managers, CFOs, controllers, claims and risk managers, safety managers, accountants, and attorneys..

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Weston S. Montrose, Esq.

Weston S. Montrose, Esq.

Arizona Injury Law Group, PLLC

  • Managing member in the office of Arizona Injury Law Group, PLLC
  • Practice emphasizes all aspects of workers’ compensation including representation of in-jured workers and employers
  • Former Staff Attorney for the Industrial Commission of Arizona
  • Former presenter and co-chair for State Bar of Arizona continuing legal education events
  • Featured speaker at private continuing legal education seminars
  • Workers’ Compensation Certified Specialist by the State Bar of Arizona
  • Admitted to practice in Arizona, California, federal court, and the United States Supreme Court
  • Delivered winning oral argument to the Arizona Court of Appeals in landmark international workers’ compensation case that was petition to the United States Supreme Court
  • Lead counsel in numerous bench trial, jury trials, arbitrations and mediations
  • Private business owner
  • J.D. degree, Pepperdine University; B.S. degree in business administration, University of Arizona
  • Can be contacted at [email protected] or 602-346-9031
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More Program Information

Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Additional benefits include:

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Product ID: 406600
Published 2019
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