Judicial Program
Agenda
All times are in Central Daylight Time (CDT) (Times and meetings subject to change)
Access the Printable Agenda
Tuesday, October 10, 2023
10:30 am - 11:30 am Judging in the Moment (Part 1)
Attendees will view scripted videos of mock hearings with various vignettes/scenarios commonly seen in workers’ compensation dispute proceedings followed by panel members moderating and discussing ways to respond to common issues shown in the videos.
Special thanks to the pre-recorded speakers:
- Commissioner Wesley G. Marshall
- Lori D’Angelo, Ombuds
- Erin Bishop, Alternative Dispute Resolution Department Supervisor
- Deputy Commissioner John Cornett
- John Amoroso, Asst. Ombuds
- Deputy Commissioner Brooke Anne Hunter
- Chief Deputy Commissioner Jim Szablewicz
- Deputy Commissioner Angela Gibbs
- Devon Doyle, Jessica Page, and Jeremy Smallwood at the Virginia Workers' Compensation Commission for their filming, directing, and editing of the video
Attendees will view scripted videos of mock hearings with various vignettes/scenarios commonly seen in workers’ compensation dispute proceedings followed by panel members moderating and discussing ways to respond to common issues shown in the videos.
Judges Alvey, Conner, and Hopens, all of whom serve in appellate capacities in administrative workers’ compensation disputes in their respective jurisdictions of Kentucky, Tennessee, and Texas, will discuss common errors in their review of the conduct and decisions of hearing-level judges, including errors that may result in reversal of their decisions. They will also provide best practices for hearings judges to follow in their cases to help avoid problematic issues on appeal.
DISCLAIMER: following the best practices put forth by the appeals judges in this presentation does not guarantee that a hearings judge will not be reversed. Reversal for a judge is as inevitable as death and taxes (Judge Alvey – “if you ain’t been reversed, you ain’t been a judge.”).
02:30 pm - 02:45 pm Break
Presenters: Jim Gallen, Stephanie Kinney, Alexander Wong
In the aftermath of COVID, many organizations conducted their trials and other proceedings with blends of in-person and remote appearances. In this presentation, Mr. Wong, a practitioner, will focus on the impact of technology post-COVID and provide examples of how they practice in California. He will explore the positive and negative effects of remote depositions, focusing on the social aspects of virtual proceedings. Judge Kinney, who is a workers’ compensation judge in Kentucky, will discuss the impact of technology from the adjudicator perspective, including an exploration of the pros and cons of remote versus in-person proceedings.
Wednesday, October 11, 2023
Co-Vice Chair: Brian Holmes
Co-Vice Chair: Jennifer Hopens
Join the Dispute Resolution Committee for a brief introduction to the work of the Committee and a round table discussion of issues raised in Day 1 of the Judicial Program.
Concise, Correct, Direct: To meet the expectations of busy readers, you’ll want to produce written work that is concise, and this session will cover several tips for concision. The focus will be on how to produce readable legal writing, including a discussion of recent empirical research on readable, persuasive legal writing.
Judges Gott, Dougherty, Kellar, and Langham are all highly experienced adjudicators who also serve in management positions over judges in their respective jurisdictions of Kentucky, Oregon, Louisiana, and Florida. They will discuss best practices for workers’ compensation adjudicators, including common complaints they receive about judges, tips for avoiding the appearance of impropriety, and situations where recusal of a judge may be appropriate.
Access the Printable Agenda
Speakers
Jennifer Nicaud, Mississippi
Jenny Nicaud is certified in mediation by Harvard Law School and the University of Mississippi. She is a member of the state and federal bar associations of Louisiana, Mississippi, Florida, and the United States Fifth Circuit Court of Appeals. She currently acts as an Adjunct Professor at Mississippi College School of Law, teaching Negotiations and Workers’ Compensation. From 2022 to 2024, she acts as the Chairman of the Professional Responsibility Committee of the Mississippi Bar. The Mississippi Supreme Court recently appointed her to the Bar Complaint Tribunal. She is a frequent lecturer at various continuing legal education seminars.
Marc Grodsky, Regional Supervising Law Judge, New York State Workers' Compensation Board
Marc Grodsky is the Downstate Regional Supervising Law Judge in the Adjudication division at the NYS Workers' Compensation Board (Board). Marc works with his upstate counterpart to ensure that the Workers' Compensation Law and the Board's policies and procedures are uniformly and correctly applied throughout the state by the Board's judges, and that stakeholders are treated in a fair and unbiased manner in the hearing process.
Judge Grodsky has been with the Board for more than 13 years, with experience as Judge in the Manhattan district and then as the Senior Judge in the Brooklyn, White Plains, and Queens districts. He previously worked in private practice for over 15 years representing claimants as well as defending insurance carriers and self-insured employers.
Suzette Carlisle-Flowers, Administrative Law Judge, Missouri Division of Workers' Compensation
Judge Suzette Carlisle Flowers, Ph.D., has served the citizens of Missouri for 38 years.
For the past 25 years, she has served as a Legal Advisor and Administrative Law Judge for the Missouri Division of Workers’ Compensation.
Judge Carlisle Flowers is a certified mediator through the National Judicial College.
In 2022, she received a doctorate degree in Judicial Studies from the University of Nevada – Reno.
Jennifer Hopens, Deputy Commissioner for the Appeals Panel, Texas Department of Insurance, Division of Workers' Compensation
Jennifer Hopens, Deputy Commissioner for the Appeals Panel at the Texas Department of Insurance, Division of Workers’ Compensation (DWC), joined the agency as a hearing officer (now administrative law judge) in 2007. In 2019, she was named the deputy commissioner for the Appeals Panel. From 2016 to 2018, she served as president of the National Association of Workers’ Compensation Judiciary (NAWCJ), and she currently serves on the board of directors for NAWCJ. In 2022, she was inducted into the NAWCJ Hall of Fame. She also serves as a vice-chair of the dispute resolution committee for the International Association of Industrial Accident Boards and Commissions (IAIABC). She is board certified in Workers’ Compensation Law by the Texas Board of Legal Specialization. She received a bachelor’s degree in history from the University of Texas at Austin and a law degree from the University of Texas School of Law.
Michael Alvey, Chairman, Kentucky Workers' Compensation Board
Admitted to the Kentucky Bar in 1988, Chairman Alvey engaged in a general civil practice, which included workers’ compensation, federal black lung and personal injury claims, as well as corporate and business law. On November 13, 2009 Chairman Alvey was appointed to serve as Chairman of the Kentucky Workers’ Compensation Board effective January 5, 2010, and continues to serve in that capacity. Chairman Alvey began serving on the Board of Directors for the National Association of Workers’ Compensation Judiciary, Inc. in 2011, and was inducted into the Hall of Fame for that organization in 2022. Chairman Alvey is a past president, and currently serves as Treasurer for that organization. Chairman Alvey was also inducted as a member of the College of Workers’ Compensation Lawyers in March 2014. Chairman Alvey has made numerous presentations, both at the state and national level, and has contributed to state and national publications on topics related to workers’ compensation law.
Timothy Conner, Presiding Judge, Tennessee Workers' Compensation Appeals Board
Timothy W. Conner is the presiding judge of the Tennessee Workers’ Compensation Appeals Board, where he has served since August 2014. Prior to that, Judge Conner practiced law for twenty-two years in the areas of workers’ compensation and general liability defense. He taught Workers’ Compensation Law at the University of Tennessee College of Law from 2013-2019 and has been an Adjunct Professor at Lincoln Memorial University’s Duncan School of Law since 2017, where he teaches Legal Communications and Workers’ Compensation Law. He is a member of the Tennessee and Knoxville Bar Associations, the National Association of Workers’ Compensation Judiciary, and the Hamilton Burnett American Inn of Court.
Stephanie Kinney, Kentucky
Stephanie L. Kinney is an Administrative Law Judge (“ALJ”) with the Department of Workers’ Claims. Prior to her appointment in 2015, she represented injured workers and employers in workers’ compensation claims.
ALJ Kinney grew up in Pikeville, Kentucky and graduated from Pikeville College (now the University of Pikeville) in 2003. She went on to attend the Appalachian School of Law and graduated in 2007.
Jim Gallen, Evans & Dixson
James M. Gallen is a Member of Evans & Dixon in its St. Louis office where he has concentrated his practice in the defense of Illinois Workers’ Compensation cases since 1979. A 1976 graduate of Saint Louis University School of Law, he is a member of the ABA and its TIPS Workers’ Compensation Committee, the Missouri and Illinois State Bar Associations, the Bar Association of Metropolitan St. Louis, DRI and a Fellow and Member of the Board of Governors of the College of Workers’ Compensation Lawyers. Most significantly to this meeting he is Chair of the 50th Anniversary of the Report of the National Commission Of State Workmen's Compensation Laws Planning Committee.
Alexander Wong, Partner, Jones Clifford
Alexander Wong is a partner at Jones Clifford and is a certified specialist in workers’ compensation in the state of California. He has worked as both a defense and applicant’s attorney. He primarily represents public safety officers including police officers and firefighters. He has served as the Chair of the California State Bar Executive Committee on Workers’ Compensation, has served as a co-editor of California Workers’ Compensation Law and Practice, and has been recognized as Applicant’s Attorney of the Year by both the State Bar and the California Applicant’s Attorney’s Association. He is a member of the College of Workers’ Compensation Lawyers.
David Langham, Deputy Chief Judge of Compensation Claims, Florida Office of Compensation Claims and Division of Administrative Hearings
Joy Dougherty, Presiding Administrative Law Judge, Oregon Workers' Compensation Board
Judge Dougherty graduated from the University of Arizona and holds a law degree from Thomas Jefferson School of Law in San Diego, California. She is licensed in California, Oregon and Colorado. After law school, she began practicing employment law in Torrance, California. Thereafter, she relocated to Oregon and began her law practice in workers’ compensation defense. She joined the Workers’ Compensation Board in 2003 as a Staff Attorney, and in 2010 she became an Administrative Law Judge. On October 15, 2013, Judge Dougherty was appointed as Presiding Judge of the Workers’ Compensation Board. As PALJ, Judge Dougherty oversees the Hearings Division. Outside of work, she enjoys spending time with her family and all things Disney.
Doug Gott, Administrative Law Judge, Kentucky Department of Workers' Claims
Doug Gott has been an administrative law judge with the Kentucky Department of Workers’ Claims since 2008. He was appointed Chief ALJ in 2017. He helped develop and implement the DWC’s expedited medical dispute program in 2013. Since becoming CALJ, he has twice chaired the DWC’s Regulatory Advisory Committee to the Commissioner tasked with implementing new regulations; was involved in the DWC’s Medical Advisory Committee to the Commissioner tasked with adopting treatment guidelines and a pharmaceutical formulary; and initiated the development and implementation of the DWC’s first mediation program and regulation. He is on the Board of the National Association of Workers’ Compensation Judiciary; is a fellow of the College of Workers’ Compensation Lawyers; and a member of the IAIABC dispute resolution committee.
Sheral Keller, Workers' Compensation Judge-Chief, Louisiana Office of Workers' Compensation Administration Hearings' Section
Since March 2022, Sheral Kellar has been the Workers’ Compensation Judge Chief of the Louisiana Office of Workers’ Compensation Administration Hearings’ Section. Judge Kellar was one of the first judges appointed to the new workers’ compensation administrative hearings system in 1990. Currently, she serves as President of the Southern Association of Workers’ Compensation Administrators (SAWCA) and will become President of the National Association of Workers’ Compensation Judiciary (NAWCJ) in August 2023. In June 2018, she was elected to the Board of Governors of the College of Workers Compensation Lawyers (CWCL). Judge Kellar speaks frequently on issues of workers’ compensation and professionalism.
Wayne Schiess, Senior Lecturer, Beck Center for Legal Research, Writing, and Appellate Advocacy, University of Texas School of Law
Wayne Schiess is a Senior Lecturer in the Beck Center for Legal Research, Writing, and Appellate Advocacy at the University of Texas School of Law, where he teaches legal writing and advocacy. He is also a frequent seminar speaker on those subjects. He has published more than a dozen articles on practical legal-writing skills, plus five books. His legal-writing blog,LEGIBLE, has been named to the Texas Bar Today weekly top ten blog posts 56 times. He graduated from Cornell Law School, practiced law at the Texas law firm of Baker Botts, and in 1992 joined the faculty at Texas.
Deborah Blevins, Deputy Commissioner, Virginia Workers’ Compensation Commission
Deborah Wood Blevins is the Managing Deputy Commissioner of the Virginia Workers Compensation Commission Alternative Dispute Resolution (ADR) Department. Deputy Commissioner Blevins is previous Chair of the Joint ADR Committee of the Virginia State Bar/Virginia Bar Association, Chair of the Dispute Resolution Committee of the International Association of Industrial Accident Boards & Commissions (IAIABC), and a Fellow of the College of Workers Compensation Lawyers. Prior to joining the Commission in 2004, she was a partner with Gilmer, Sadler, Ingram, Sutherland and Hutton in Pulaski, Virginia. She is a graduate of Swarthmore College and the University Of Virginia School Of Law.
About
The International Association of Industrial Accident Boards and Commissions (IAIABC) is proudly hosting the return of its virtual Judicial Program with the National Association of Workers’ Compensation Judiciary (NAWCJ) and College of Workers' Compensation Lawyers (CWCL) on Tuesday, October 10, and Wednesday, October 11, 2023.
Register to hear a variety of presentations by experienced and knowledgeable speakers and engage in discussion with other attendees and instructors on these topics.
Who Should Attend
This professional development opportunity may be of particular interest to those individuals involved directly in the judicial dispute resolution process in their jurisdiction. Attendees from previous programs are also encouraged to attend, as the content is new this year.
Where Will This Be Hosted?
This event will be hosted virtually through Zoom.
Please use this link to test Zoom on your computer to ensure you do not have issues accessing Zoom: https://zoom.us/test
Recordings and Materials
All session recordings and materials will be available to all registered attendees after the event in educate@iaiabc.