PARMA Conference 2021 Session Recordings Now Available
PARMA Webinar: New Legislation Dramatically Changes Handling of Presumptive Workers’ Compensation Claims in California
Date: November 17, 2022 Time: 10:00am
Description: SB 1127 was recently signed into law by Governor Newsom and it will dramatically change the way presumptive workers’ compensation claims are handled in California. PARMA is happy to present a webinar featuring Brenna Hampton (Hanna Brophy), Jonathan Liff (Laughlin, Falbo, Levy & Moresi) and Jim Cotter (Mullen & Filippi). This webinar moderated by PARMA Vice President Jeff Rush (California JPIA) will touch on the law’s many impacts including:
- The extension of temporary disability benefits for up to 5 years for employees with a presumptive cancer case
- The reduction of the current 90 day discovery window to 75 days
- The establishment of a penalty of up to $50,000 for each claim that is “unreasonably delayed”
- The retroactive application of the law
- Brenna Hampton, Hanna Brophy
- Jonathan Liff, Laughlin, Falbo, Levy & Moresi
- Jim Cotter, Mullen & Filippi
PARMA Webinar: Field Trip Immunity is Absolute!
Date: February 8, 2022 Time: 11:00am
Description: Someday COVID will be over, schools will resume as usual, and maybe field trips will become routine again. When students or adults are injured, or even killed, during the course of a field trip what happens in terms of liability? Field trip immunity is absolute. All persons making a field trip or excursion shall be deemed to have waived all claims against the school district, charter school, or the State of California for injury, accident, illness, or death. Is this really true? Are there limitations? Join us for this webinar discussing the application and caselaw governing Education Code 35330: Excursions and Field Trips.
Demaria Law Firm
Mr. DeMaria is the managing partner, founder and trial attorney at the DeMaria Law Firm. Mr. DeMaria is a member of the prestigious American Board of Trial Attorneys (ABOTA), which is limited to attorneys with the required jury trial success to qualify for admission upon a vote of the ABOTA members. Mr. DeMaria has been awarded the highest rating by Martindale-Hubbell, the AV rating for preeminent lawyers. Mr. DeMaria has also been voted a Northern California Super Lawyer. His practice is focused on the defense and representation of insurance companies and their insureds, as well as schools and their employees. As an insurance and school defense attorney, Mr. DeMaria has defended cases all throughout California and Colorado, in state and federal court, in jury trials and court judge trials.
PARMA Webinar: Medical Exemptions Part 2
Date: October 21, 2021 Time: 2:30pm
Description: This session is being offered as a follow up to the previous webinar which introduced us to the medical and religious exemption process associated with COVID vaccine mandates. This session will focus solely on medical exemptions and how public agencies can navigate key considerations. Those who did not attend the first webinar introducing exemption issues on 9/23 can view the recording on the PARMA website, under the Education/ Webinars tab.
Burke, Williams and Sorensen, LLP
Katy Suttorp, a partner in the Orange County office of Burke, Williams and Sorensen, LLP, represents and counsels a wide range of employers, including municipalities, special districts, school districts, community college districts, and private entities, in numerous labor and employment law matters. These include disability accommodation and interactive process, employee discipline and due process, leaves and benefits, state and federal wage and hour audits and disputes, wrongful termination, workplace investigations, Firefighters Procedural Bill of Rights Act/Public Safety Officers Procedural Bill of Rights Act, employee speech and privacy, workplace violence, pre-employment and privacy issues, including drug and alcohol testing, HIPAA/California Confidentiality of Medical Information Act, and CalPERS and CalSTRS audits and disputes. In connection with that representation, Katy has drafted and revised a variety of personnel rules and employee handbooks, personnel-related ordinances and resolutions, board policies and administrative regulations, collective bargaining agreements/memoranda of understanding, and employer-employee resolutions/local rules.
Kelly Trainer Policky
California Joint Powers Insurance Authority
Employment Practices Manager
Kelly Trainer Policky serves as the California Joint Powers Insurance Authority’s Employment Practices Manager. A licensed California attorney, Kelly has worked as an advisor, trainer, investigator, and negotiator for public agencies for almost 20 years. She has a passion for the preventative side of the practice of law, and oversees the Authority’s Employment Hotline, providing advice and counsel support to over 120 member agencies on complex, high-risk employment law issues. In this capacity, she works directly with members on issues such as reasonable accommodation and the interactive process, discrimination, harassment, retaliation, discipline, freedom of speech and association, privacy, and social media. Kelly is also a highly regarded trainer, and regularly conducts a variety of seminars and workplace trainings for employees on matters such as harassment prevention, disability discrimination, implicit bias, workplace investigations, managing difficult employees, workplace violence, discipline and termination, social media, performance evaluations, creating effective documentation, and leaves of absence.
PARMA Webinar: Religious Exemptions Part 2
Date: October 13, 2021 Time: 11:00am
Description: This session is being offered as a follow up to the previous webinar which introduced us to the medical and religious exemption process associated with COVID vaccine mandates. This session will focus solely on religious exemptions and how public agencies can navigate key considerations. Those who did not attend the first webinar introducing exemption issues on 9/23 can view the recording on the PARMA website, under the Education/ Webinars tab.
Alexander Volberding, Associate
Alexander (Alex) is an Associate in Liebert Cassidy Whitmore's Los Angeles office where he provides assistance to clients in labor relations matters as well as employment law. Alex has a background in government and policy and provides clients advice and counsel on traditional labor relations issues, including collective bargaining, allegations of unfair practices, representation matters, and work stoppages.
Daniel Seitz, Associate
Richard Daniel Seitz is an Associate in the Los Angeles office of Liebert Cassidy Whitmore, where he advises clients on all aspects of labor and employment law, retirement and labor relations issues. He is experienced in law and motion and appellate practice and works with the firm's public sector clients on discipline issues, retirement and labor relations matters, and compliance with state and federal COVID-19 laws and regulations.
Medical and Religious Exemptions for COVID Vaccine in Employment
Date: September 23, 2021 Time: 11:00am
Description: In this presentation, we will discuss requests for accommodation or exemption from COVID-19-related policies, including policies requiring vaccination, vaccination or testing, and the use of face coverings. We will discuss both requests for accommodations based on health and medical conditions and those based on religious beliefs, practices or observances. We will discuss what language employers may include on accommodation request forms, what additional questions they may ask, and how to process requests when all information and documentation is provided. We will consider the initial determination as to employee's qualification for the interactive process as well as the employer's determination as to the reasonableness and safety of the accommodation requested by the employee accommodation.
Alex Volberding, Liebert Cassidy Whitmore Alex has spent his career working for and with public agencies. He is a member of the firm’s Labor Relations practice group and has broad and deep experience working with a wide range of collective bargaining statutes. Alex is well-versed in bargaining strategy and tactics and negotiates collective bargaining agreements with employee organizations and Project Labor Agreements (“PLAs”) with building and construction trades councils. When he is not bargaining, Alex regularly provides advice and counsel to clients navigating meet and confer obligations and in administrative proceedings defending clients against unfair practice charges and in arbitrations defending clients against contractual grievances.
PARMA Webinar: What COVID Taught Us About Your Interactive Process
Date: August 25, 2021 Time: 11:00am
Description: The COVID-19 pandemic has had countless lasting impacts on our workplaces. In this session, we will focus specifically in on what COVID-19 taught us about the interactive process and reasonably accommodating employees with disabilities. We will examine how COVID-19 highlighted the role that “direct threat” plays in our analysis of reasonable accommodation and medical examinations in the workplace. We will discuss what we have learned about remote work as a potential reasonable accommodation, and how that will effect interactive process meetings in the future. Finally, we will highlight a number of best practices that were solidified during the pandemic.
Kelly Trainer Policky serves as the California Joint Powers Insurance Authority’s Employment Programs Manager. A licensed California attorney, Kelly has worked as an advisor, trainer, investigator, and negotiator for public agencies for almost 20 years. She has a passion for the preventative side of the practice of law, and oversees the Authority’s Employment Hotline, providing advice and counsel support to over 120 member agencies on complex, high-risk employment law issues. In this capacity, she works directly with members on issues such as reasonable accommodation and the interactive process, discrimination, harassment, retaliation, discipline, freedom of speech and association, privacy, and social media. Kelly is also a highly regarded trainer, and regularly conducts a variety of seminars and workplace trainings for employees on matters such as harassment prevention, disability discrimination, implicit bias, workplace investigations, managing difficult employees, workplace violence, discipline and termination, social media, performance evaluations, creating effective documentation, and leaves of absence.
PARMA Webinar: What's Next for Schools? Managing Building Health in a Post-COVID World
Date: August 19, 2021 Time: 11:00am
Description: The COVID-19 pandemic has shined a spotlight on building environmental health. What are the new issues building managers will have to navigate when we move past the pandemic? How will schools address the increased attention and inquiries from teachers, parents and other stakeholders? This presentation will address these questions in the evolving landscape of managing healthy buildings. Discussion will focus on ratings & management systems, HVAC systems, water quality, and stakeholder risk communication. Attendees will emerge with an increased awareness of these challenges and approaches to meeting them successfully. Although this session is focused on schools, anyone responsible for building health will benefit from this session.
Ben Kollmeyer has a Master's in Public Health and is a Certified Industrial Hygienist at Forensic Analytical Consulting Services, Inc. (FACS). Ben has over 25 years of experience in the environmental health arena and has conducted hundreds of investigations involving a variety of physical, chemical, and biological hazards, in both occupational and community settings. He routinely consults in the public and private sectors performing field investigations and developing prevention and management programs and is a key member of the FACS COVID-19 Emergency Response Team.
PARMA Webinar: Cross-Departmental Collaboration for COVID-19 Initiatives
Date: August 12, 2021 Time: 11:00am
Description: Public entities, like businesses, are faced with numerous policies, rules, laws, and public opinions regarding COVID-19. These are sometimes conflicting. This session will explore how collaboration between departments will help public entities navigate these various issues and the novel challenges presented by COVID-19 with a focus on workers' compensation and serious and willful claim handling, Cal/OSHA safety violations, benefit entitlement and interactive process considerations with a panel of experts in these areas.
Katharine McCall, an associate attorney at Kronick, Moskovitz, Tiedemann & Girard, represents public and private sector entities in a broad range of employment matters including wage and hour actions, workplace audits and investigations, and discrimination and harassment claims. She provides advice and counsel to clients on various labor and employment issues, including compliance with California wage and hour laws and laws regulating employee leave, safety, termination, discrimination and harassment. Katharine has provided advice and counsel to numerous public and private sector clients on the evolving local, state, and federal laws and regulations arising from the COVID-19 pandemic. This includes crafting employment policies and providing strategic guidance on compliance with COVID-19 related legal requirements.
Bill Davis is an attorney in Hanna Brophy's Santa Rosa office. Hanna Brophy’s legal practice is exclusively devoted to defense of employers and their insurance representatives in California workers’ compensation litigation. Bill was the 2019 California Workers Compensation Defense Attorney of the Year. He has been a practicing attorney for over 25 years. He started practice in State and Federal courts and has exclusively practiced in California workers’ compensation for 17 years. Bill is the attorney behind the published Lindh decision, which changed the face of apportionment in California. He frequently publishes articles and lectures the workers’ compensation state and national communities on a variety of cutting edge topics including COVID-19.
Natalie Dempsey is the Workers’ Compensation Claims Manager for the City of Sacramento. The City of Sacramento self-administers all the claims for the City employees injured on the job to provide a high level of service and enhances communication throughout departments. In her prior role, Natalie worked in the private sector as a Claims Director for one of the top national insurance companies with seven years managing a claims department and nearly 15 years’ experience in the industry. With the adoption of SB1159, Natalie has been integral in developing policies and procedures surrounding COVID-19 claims, mandated reporting and works closely with other departments to ensure state compliance.
Jeannette Herrera is a senior associate attorney at Hanna Brophy’s Sacramento office and handles all aspects of workers’ compensation claims and related matters. In addition to representing both public and private entities, her practice includes representation for claims involving serious and willful misconduct, Labor Code 132(a) discrimination and Cal/OSHA-defense. Jeannette has been selected as a Rising Star in Northern California by Super Lawyers from 2018 – 2021. She is the attorney behind the 2015 en banc Navarro decision which changed the landscape for requesting medical-legal evaluators on subsequent injuries and is often cited by judges, attorneys, and the DIR Medical Unit. To date, Jeannette has presented in around three dozen COVID-19 Webinars on SB 1159, AB 685 and Cal/OSHA’s emergency temporary standard.
PARMA Webinar: Goodbye Couch Hello Desk – Why does my neck, back, and arm hurt?
Date: July 22, 2021 Time: 11:00am
Description: Remote working was an unavoidable instant workforce solution during the pandemic. However, after more than a year many are starting to feel the physical effects of a home and a workstation not designed for prolonged workdays, weeks, or months. Whether employees are returning to the office full time or in a hybrid model ergonomics is the key to avoiding muscle skeletal injuries that have occurred due primarily poor posture driven by poor workstation set up. This webinar is designed to help you recognize the effects of poor posture and ergonomic risk mitigation steps that can be implemented both at the office and home using Ergonomics, Equipment, and Exercise!
Presenter: Thomas B. Traut is the President of Functional Ergonomics, Inc. Tom has over 30 years of experience providing employers ergonomic solutions to improve work performance while eliminating and reducing muscle skeletal injuries. Tom is a Registered Kinesiotherapist, Certified Ergonomics Assessment Specialist, and has numerous certifications in work capacity and physical ability testing. During the past 15 months he has conducted over 300 Virtual Ergonomic Evaluations enabling him to see a wide variety of work situations. Tom has been a past presenter at PARMA as well as many other local, regional, and national professional associations.
PARMA Webinar: Getting Back to Business - Reopening and Reoccupying Buildings in a Post-Pandemic Environment
Date: July 7, 2021 Time: 10:00am
Description: Building-related issues such as those related to water, building materials, building ventilation, mold and water intrusion, and indoor environmental quality, can arise in buildings that have experienced reduced occupancy or use due to pandemic-related closures. This webinar will review these building related issues, discuss how building owners and managers can prepare for reopening by anticipating and addressing building-related issues, and provide attendees with resources to turn to for additional information and assistance. The speakers will also discuss current COVID-related regulations and guidance related to re-occupancy and maintaining the health and safety of employees and occupants once the building is reoccupied.
Megan Canright, MPH, CIH
Megan Canright is the Director of Scientific Operations at FACS and has over 15 years of experience in the fields of Industrial Hygiene and Environmental, Health & Safety. Her primary areas of expertise include occupational and environmental exposure assessment, indoor environmental quality, and the evaluation and control of Legionella and other waterborne pathogens in support of infection control. Megan is also involved in litigation support and oversight for numerous complex litigation claims for both plaintiff and defense attorneys.
Madeleine is a leader in the Water Quality Practice Group developing and supervising Waterborne Pathogen Management Plans in healthcare and educational settings. She is also an expert in the COVID-19 Safety Program development and implementation for municipalities, K-12 schools and institutes of higher education. Since being hired at FACS in 2016, she has also provided personal exposure monitoring to establish worker protective equipment protocols and other exposure control requirements, as well as environmental monitoring. Additionally, Madeleine has six years of experience as a Sergeant and Tactical Team Leader in the United States Army Reserve with deployments to both Iraq and Afghanistan.
PARMA Webinar: Dangerous Conditions of Public Property and Hidden Liability
Date: June 23, 2021 Time: 10:00am
This session will explain the cause of action of Dangerous Conditions of Public Property, the elements, and statutory immunities that may apply. We will present case studies to illustrate how plaintiffs make these claims, and what public entities can do to mitigate risk and preserve evidence so that we can defend these claims.
More and more people are out and about now that Covid numbers are going down, so public entities may be seeing more claims from people who are on their roads and on their property. So now is a good time for reminders on how we can maintain property, conduct inspections, keep good records, and mitigate risk.
Speakers: Megan Lieber and Christie Swiss, Collins + Collins
Megan Lieber is a Partner in the Northern California office of Collins + Collins. Her litigation practice focuses on public entity liability, civil rights, professional liability, construction law, general casualty and business litigation, employment law, and insurance coverage. She has represented public entities in numerous civil rights and employment cases.
Christie Swiss is the managing partner of the law firm Collins + Collins’ San Diego office. Her practice focuses on civil litigation, public entity liability, professional liability, civil rights, employment law, and appeals, and she has tried cases to verdict in both state and federal courts. Swiss has been named by Super Lawyers as a Rising Star in Southern California and San Diego. Martindale-Hubbell has recognized her with an AV-Preeminent Peer Review Rating.
PARMA Webinar: Legislative Update
Date: May 14, 2021 Time: 11:00am
This session will include a discussion of current legislation about workers compensation, tort liability, and workplace safety.
Presented by: Faith Borges, California Advocates Inc.
Speaker Bio: CAJPA Lobbyist, Faith Borges is with the firm California Advocates Inc, where she provides professional advocacy services before the legislature and regulatory agencies, focusing on the firm's insurance, public entity liability and business management clients. She has been in government affairs in the State Capitol since 2012 and is a policy and strategy expert.
Faith earned her Bachelor of Arts degree in Political Science from the University of California Santa Barbara and went on to become a California Senate Fellow earning her graduate certificate in Applied Policy and Government from Sacramento State University.
PARMA Webinar: Lunch and Learn with Alliant "State of the Insurance Market 2021"
Date: April 28, 2021 Time: 12:00pm
The presenters will provide a report on the current state of the insurance market. The presentation will focus on this year’s renewal expectations, coverage and exposure concerns, as well as other considerations to make in a hard insurance market.
Presented by: Conor Boughey, Alliant and Seth Cole, Alliant
Covid Conversations: Cal/OSHA Takes on COVID, New Employer Regulations
Date: January 13, 2021 Time: 1:00pm
Join PARMA for another COVID Conversations webinar on Cal/OSHA’s recently enacted emergency regulations related to COVID-19. Our panel of experts will discuss employers' obligations to provide site-specific COVID-19 prevention programs, safe working conditions and face coverings. Our panel will also discuss outbreaks at the worksite, COVID-19 testing, record keeping and public health department notifications.
Presented by: Christine Baker – BakerWelsh; Faith Borges – California Advocates Inc.; Len Welsh - BakerWelsh
Covid Conversations: COVID Crossover Issues
Date: October 2, 2020 Time: 10:00am
This session will cover the interaction and collision of how COVID crosses over into both the workers’ compensation realm and the employment liability realm. Topics such as employee management, reasonable accommodation, FMLA/CFRA, unemployment, and absence management will be discussed.
Presented by: Michael W. Sullivan and Eric De Wames; Michael Sullivan & Associates
Covid Conversations: School Immunity for COVID
Thursday, September 24, 2020: 10:00am PT
This session will provide discussion and analysis of school immunity bill proposed in AB1384, including where the bill is in the legislative process and next steps, including other legislative action involving COVID.
Speakers: Christine Baker from Baker & Welsh, and Faith Borges from CalAdvocates/CAJPA
Covid Conversations: COVID Case Management
Tuesday, September 22, 2020: 4:00pm
Special Considerations for managing an employee who becomes ill with COVID and fall within the workers’ compensation framework.
Presented by: Karen Mazza and Lea Mendez, Allied Managed Care
Covid Conversations: COVID Claims
Thursday, September 10, 2020: 10:00am-11:00am PT
Key workers’ compensation defense issues including determining the date of injury, latency, and contribution.
Speakers: Brenna Hampton and William Davis. Hannah Brophy
Brenna Hampton is the managing partner of our San Diego office and a California State Bar certified workers’ compensation legal specialist. She graduated from the University of California, San Diego with a degree in political science, theory, and debate. In 2005, she was admitted to the California State Bar after obtaining her Juris Doctor from California Western School of Law in San Diego, where she earned special designation as a distinguished advocate on the client counseling and negotiation teams and where she served double-tenure as president of the law school’s Women’s Law Caucus.
William joined the Santa Rosa office in 2019. He has been defending workers’ compensation claims on behalf of self-insureds, insurance companies, public entities, and TPAs for 17 years. Recently, he successfully argued the City of Petaluma v. WCAB (Lindh) case before the Court of Appeal. The California Lawyer’s Association deemed him Workers’ Compensation Defense Attorney of the Year in 2019. His favorite quote is by Dr. Seuss, “Sometimes the questions are complicated and the answers are simple.”
Covid Conversations: Employee Absence Management
Thursday, September 3, 2020: 10:00am-11:00am PT
Managing employee absence is difficult in the best of times. Introduce COVID-19 and the shelter in place and shut down that followed, and the playbook quickly becomes obsolete. We will take a look at what the new normal may look like and how to apply lessons learned in the days ahead.
Presented by: Sedgwick - Bryon Bass
Covid Conversations: Employee Management
Thursday, August 27, 2020: 11:00am-12:00pm PT
This session will include the elements of contact tracing, temperature checks and protocols, social distancing, PPE selection and use.
Presented by: Forensic Analytical Consulting Services
Covid Conversations: Facility Considerations
Thursday, August 20, 2020: 11:00am-12:00pm PT
This session will address how to manage facilities to minimize COVID-19 risks including custodial practices, cleaning schedules and procedures, HVAC systems and how routine maintenance is done.
Presented by: Forensic Analytical Consulting Services
We Are Open for Business: Now What?
Wednesday, June 3, 2020: 10:00am-11:00am PT
With many states and localities introducing phased reopening plans, employers are preparing to return to normal business operations. But “normal” may not be a reality for some time. So how do you operate a business effectively while ensuring the safety of your employees and clients? And how do you mitigate exposure for everyone else if someone in the workspace is exposed?
In this complimentary webinar, we will review best practices for reopening and how to reduce potential risks associated with COVID-19 transmission.
Attendees will learn:
- Federally-recommended guidelines for workplace reopening and recommendations from the Center for Disease Control.
- Steps in creating a COVID-19 resource team.
- Staffing considerations and necessary changes to the physical workspace.
- Americans with Disabilities Act applications to COVID-19, including exposure, contact tracing and testing.
- Changes to workers’ compensation benefits and presumptions.
- And more!
- Tim Karcz – Senior Risk Manager | California Joint Powers Insurance Authority
- Traci Park – Partner | Burke, Williams & Sorenson, LLP
- Chuck Pode – Risk Manager | County of Ventura
Work Comp 101 - A Technical Primer on Work Comp
Tuesday, October 29th, 2019: 9:30am-11am PT
This webinar covers the basics of workers’ compensation, from soup to nuts. Brenna Hampton, a seasoned litigator and top educator on the subject will discuss a variety of subjects including AOE/COE issues, aspects of the labor code that are specific to public employees, an array of common defenses available to employers, and the litigation process from trial through review by the State Supreme Court. Join the discussion from the comfort of your own office, or gather with some colleagues and friends.
Effectively Managing Your IDR Program In Light of the CalPERS March 2017 Policy Memo and Audits
Wednesday, September 6th, 2017: 9am-11am PT
CalPERS issued a memorandum to public agencies on 03/30/2017 detailing their policies with respect to Industrial Disability Retirements, and announcing audits that would soon take place. They have since conducted an unprecedented 60 audits of member public agencies. For some agencies the policy does not represent a change in their existing practices, but for many, the announced policies are significant and will dramatically impact how they handle future IDR Applications. Hanna Brophy law firm has had discussions with CalPERS about the policy memo and the audits, and will present this webinar to update participants on what all this means with respect to their entity's handling and processing of IDR claims. The webinar will touch on the major changes individual agencies need to be aware of as they adjust their own handling and practices with respect to IDR claims.