Video

  • 12 minutes

Developing Evidence for the Defense in Workers' Compensation Claims

 
When a claim reaches the point where a dispute exists as to whether an injury is compensable or whether a claimant is able to return to work, one side or the other will initiate the hearing process. At that point, development of evidence is crucial. In this 12-minute video our speaker, James M. Mesnard, reviews independent medical examinations and the reliance of objective evidence vs. what the employer says they can or can’t do. He also discusses surveillance as a useful tool in defending workers’ compensation claims. The credibility of the claimant is an important part of a workers’ compensation claim and surveillance is often the best way to launch a successful attack on the claimant’s credibility. Mr. Mesnard wraps up the video by discussing vocational rehabilitation and working with the vocational counselor.

James M. Mesnard is Of Counsel to the Washington, D.C. office of Seyfarth Shaw LLP. His practice focuses on defending employers in contested workers’ compensation claims, defending workers’ compensation retaliation claims in civil actions and administrative proceedings, and defending employers in lawsuits filed under various federal employment discrimination statutes. Mr. Mesnard was a law clerk to the chief administrative law judge for the U.S. Department of Labor where he helped prepare decisions on contested workers’ compensation claims arising under the Longshore and Harbor Workers’ Compensation Act.
Runtime: 12 minutes

Faculty

James M. Mesnard

James M. Mesnard

The Postol Law Firm

Agenda

Faculty

James M. Mesnard

James M. Mesnard

The Postol Law Firm

  • Counsel with The Postol Law Firm
  • Practice focuses on defending employers in contested workers’ compensation claims, defending workers’ compensation retaliation claims in civil actions and administrative proceedings, and defending employers in lawsuits filed under various federal employment discrimination statutes
  • Counsel to the Washington, D.C. office of Seyfarth Shaw, LLP from 1987–2018
  • Law clerk to the chief administrative law judge for the U.S. Department of Labor, where he helped prepare decisions on contested workers’ compensation claims arising under the Longshore and Harbor Workers’ Compensation Act
  • J.D. degree, University of Maryland School of Law
  • Can be contacted at [email protected] or 571-378-6367

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