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Conference Preview
At next month's CLM Work Comp Conference, attendees have the chance to attend "Mastering Workers Compensation: Strategic Litigation, Claims Resolution, and High-Value IME Deployment" with Sarah Thomas of Jones Jones.
We were lucky enough to borrow some of Ms. Thomas' time for five questions on the session and what it will cover.
Q: How do you define strategic litigation?
Sarah Thomas: Strategic litigation starts with identifying the ultimate objective of the claim -- whether that is full resolution through settlement, narrowing exposure, or pursuing a complete disallowance where the facts support it. Every litigation decision should be made with that end goal in mind. It requires being intentional: aligning discovery, motion practice, medical development, and hearing strategy to move the case closer to that outcome. For example, where the goal is settlement, litigation can be used proactively to create leverage, clarify risk, and ultimately position the claim for meaningful resolution.
Q: How do you define high-value IME deployment?
ST: High-value IME deployment is about being selective and strategic in how and when IMEs are used. It involves identifying claims with significant exposure or complexity early, and ensuring the right physician is engaged -- one who is well-versed in the issues, thoroughly prepared, and capable of delivering clear, well-supported opinions. While this may require a greater upfront investment, a strong IME can significantly impact the direction of the claim, inform litigation strategy, and improve overall outcomes.
Q: Who will benefit most from attending the session?
ST: This session is valuable for anyone involved in the lifecycle of a workers’ compensation claim -- claims professionals, risk managers, and defense counsel alike. The focus is on breaking down silos and emphasizing a more integrated approach, where litigation strategy and medical development are aligned. The best outcomes are achieved when these disciplines work together, rather than in isolation.
Q: What is the importance of this topic?
The importance of this topic is that claims don’t resolve themselves -- strategy matters. Litigation strategy and medical development -- particularly IME deployment -- must be aligned from the outset to effectively manage exposure and move claims towards resolution. Too often, these decisions are made in silos, which can lead to missed opportunities, increased costs, and delayed outcomes. A more coordinated, strategic approach allows teams to be proactive rather than reactive, ultimately driving better, more efficient results for all stakeholders.
Q: Without giving away spoilers, what’s your favorite takeaway from the session?
One of the key takeaways is how much more effective outcomes can be when teams move away from a reactive approach and instead take a coordinated, forward-looking strategy -- particularly in how litigation and IME decisions are aligned from the outset of a claim.
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About The Author
About The Author
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Frank Ferreri
Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.
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