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Identifying Malingerers and Mitigating Damages in Workers’ Compensation under ADA Title I

9:00 am - 12:15 pm MDT, June 19, 2018   |   Organized by: Reasonable Accommodation, LLC

Description

Date/time: Tuesday, June 19th, 9:00 a.m. to 12:15 p.m.

Location: 

Hosted by Industrial Rehabilitation & Evaluation Services, LLC

770 West Hampden Avenue, Suite 300

Denver, Colorado

Description: This course was initially designed for legal counsel and physicians who practice in Colorado’s workers’ compensation system. The issues discussed in the class apply to all forms of employment testing (post-offer, stay-at-work functional capacity evaluation, physician work physicals, and short-term disability.)

In response to inquiries from the work evaluation practitioners, this course is now open to all those interested in the risks and opportunities triggered by the gap between employment-related medical examination practices and the practice guidelines emanating from federal court settlements.

To support your learning, we use a combination of recent federal settlements and case scenarios. We intend that these real-life situations and rulings will serve as a reference as you apply the knowledge gained in the course to your daily work.

Legal counsel, when deciding to pursue (or defend) a charge of discrimination under the medical examination section of ADA Title 1 (42 U.S. Code § 12112 (d)) navigates a world of new clinical jargon and often unfamiliar work evaluation practices. This workshop ties clinical jargon and evaluation practices to matching legal principles in the law.

Occupational health and primary care physicians, whose practice includes workers’ compensation, hiring, or general disability employment decisions are at risk under ADA Title 1. Long-held practices, including a focus on identifying malingerers, distract some physicians from more immediate ADA Title I legal issues. We guarantee that this 1/2 day of training will result in important changes to the way physicians think about occupational medicine and workers’ compensation practices.

Occupational therapists and physical therapists are the main providers of the medical examination services under ADA Title I. As a result of this training, therapists will make important adjustments to how they practice functional capacity evaluation, post-offer, pre-employment testing, and work hardening or work conditioning. As with physicians, therapists are the subject of many large-dollar federal settlements.




Roy Matheson

Roy Matheson, ADAC has a 30-year background in occupational rehabilitation and ergonomic evaluation training and professional certification. His initial exposure to employment testing began at the Employment and Rehabilitation Institute of California (ERIC) in 1983. The rehabilitation and work evaluation philosophies at the heart of the medical examination section of ADA Title I originated at ERIC under its founder, Dr. Leonard Matheson.

Work tolerance screening, work capacity evaluation (now known as ‘functional capacity evaluation’), and work hardening were introduced as new rehabilitation services at ERIC clinic. Roy Matheson’s contribution to the growth of employment testing under the Matheson philosophy was the development of training programs, software, and equipment used by therapists around the globe.

In 2012, the effect of federal court cases involving employment testing served as a call to action for Roy Matheson. In the ensuing years, he transitioned to what is now Reasonable Accommodation, LLC, and reasonable accommodation.com. His practice focuses on advising and training employers, government agencies, therapists, and legal counsel of the mechanics of medical examination and reasonable accommodation under ADA Title I.

Roy has presented as a keynote speaker, panelist, trainer, or workshop instructor at more than 400 public and private educational events, management training programs, and national conferences. His audience includes managers and staff of federal, state, county, and municipal government entities as well as the full spectrum of corporate entities across the United States, Canada, and six other countries. Roy’s body of work includes hundreds of online webinars and blogs related to Title I of the ADA and the Rehabilitation Act.

His consulting and guidance assignments address legal compliance issues raised under Title I of the Americans with Disabilities Act and Section 501 of the Rehabilitation Act. These issues include aspects of employment testing, essential function job analysis, and reasonable accommodation program start-up and management. Roy sees himself as a trusted adviser in demanding situations requiring clear, well-thought-out guidance within the environment of employment and disability-related civil rights law.

Location

770 West Hampden Avenue, Suite 300

Denver, CO US

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