Workers' Compensation and Workplace Injury

Section Description:

The purpose of the Workers' Compensation and Workplace Injury Section is to educate its members with respect to available legal remedies to protect all employees within the workplace and to provide legal redress to individual workers, or classes of workers, harmed in the course and scope of their employment. Including "Workplace Injury" in the title expands the scope of the Section and recognizes that members deal with many types of claims for workplace injury compensation.

Certain Section benefits in membership types other than Regular, Sustaining, Life, Leaders Forum, or President’s Club may be restricted.

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Contact Sections 800.424.2725 | 202.965.3500, ext. 8700 |​ sections@justice.org

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AAJ Exchange Litigation Packet

Medicare and Medicaid Reimbursement Claims Survival Guide

The AAJ Exchange’s Medicare and Medicaid Reimbursement Claims Survival Guide addresses issues such as information to obtain at case intake, determining what your client owes, notice to the government, mandatory reporting, statute of limitations, settlement, allocation, waiver and pre-settlement compromise, where to put the funds, consequences for nonpayment, and ethical considerations to help plaintiff attorneys protect their clients and themselves.  To order or view the table of contents for this or the more than 130 other Litigation Packets, visit the AAJ Exchange or call 1-800-344-3023.

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Bylaws:

ARTICLE I

NAME AND PURPOSE

Section 1. This Section shall be known as the Section on Workers' Compensation and Workplace Injury of the American Association for Justice (AAJ).

Section 2. The purpose of this Section is to promote the objectives of AAJ within the field designated by the name of the Section and to that end to research and study and thereafter educate the membership with respect to available legal remedies to protect all employees within the workplace and to provide legal redress to individual workers, or classes of workers, harmed in the course and scope of their employment; in coordination with and subject to the approval of AAJ's Board of Governors and Public Affairs Department, to promote legislation designated for the protection of employees in the workplace and to oppose legislation designated to limit the rights of workers to obtain adequate compensation and redress for workplace injuries; and to stimulate programs of continuing legal education in regard to the role of the lawyer and the law in the areas of workers' compensation, workplace injuries and workplace safety.

Section 3. The Policies and Procedures published by AAJ for Litigation Groups and Sections as promulgated on December 19. 1990, and as duly amended by AAJ are incorporated herein by reference and the Section shall operate in full conformity with these policies and procedures. The Section newsletter shall not be distributed to Associate Members of the Section.

ARTICLE II
MEMBERSHIP

Section 1. Every member of AAJ shall be eligible for membership in the Section on Workers' Compensation and Workplace Injury.

Section 2. Every member of AAJ in good standing shall, upon making application by letter or other written communication and paying the applicable dues, be made a member of the Workers' Compensation and Workplace Injury Section.

ARTICLE III
OFFICERS

Section 1. The officers of this Section shall be a Chairperson, a Chairperson-Elect, a First Vice Chairperson, a Second Vice-Chairperson, and a recording Secretary.

Section 2. The officers shall be nominated and elected in the manner hereinafter provided at such annual meeting of the Section to hold office for the term of one year and until their successors shall have been elected and qualified.

Section 3. No Chairperson of this Section shall succeed beyond a one-year term and shall not thereafter serve as Chairperson until at least two years have expired since his/her last one-year term as Chairperson.

ARTICLE IV
BOARD OF DIRECTORS

Section 1. The Board of Directors shall consist of the officers of the Section, the immediate past Chairperson and the chairpersons of each committee of the Section.

Section 2. The Board of Directors shall be the governing body of the Section and shall exercise general supervision and control of the affairs of the Section. The Board of Directors shall delegate to the officers of the Section the responsibility to carry out the day to day operations of the Section and shall delegate to the committees of the Section the power necessary to carry out their functions. The Board of Directors may delegate whatever additional functions it may determine to the Executive Board of the Section.

Section 3. The Board of Directors shall retain the right to authorize any expenditure of Section funds, to approve any public statement to be made in the name of the Section on any subject, to create or abolish committees, to remove any officer, committee chairperson or section member upon a 2/3 vote of the entire membership of the Board of Directors, and to carry out such other functions as are necessary for the fair and efficient operation of the Section.

Section 4. The majority of the Board of Directors shall constitute a quorum for the transaction of business at meetings thereof. Because of distances which may be involved, the voting of the Board of Directors, other than at the Annual Meeting, may be in person or by conference telephone call. Such conference telephone call votes will be recorded by the Secretary and duly entered upon the minutes, with a copy of such minutes being sent to the Board of Directors. Unless otherwise specified in these bylaws the Board of Directors shall act upon the majority vote of the members present at a duly authorized meeting. The Board of Directors shall meet at least once each year prior to the annual meeting of the Section and during the AAJ Annual Convention.

ARTICLE V
COMMITTEES

Section 1. Litigation Group Committees shall consist of the members of any litigation group which belongs to the Section. A litigation group shall be included within the Section, if it is an AAJ certified litigation group, if it applied for membership in the Section, if all the litigation group members are members of the Section, and if the Board of Directors of this Section approve the application for membership.

Section 2. Ad Hoc Committees shall be established from time to time by the Board of Directors of the Section for the purpose of focusing on issues of generic concern to the members of the Section in their law practices. The initial Ad Hoc Committees shall be established by the officers of the Section.

Section 3. Standing Committees shall be established by these bylaws and may be increased or decreased by the Board of Directors of the Section. Standing Committees will focus on issues relating to the operation of the Section. The following shall be Standing Committees:

 

a.Membership and Dues

b.Publications

c.Education

d.Liaison With AAJ and Other Sections

e.Bylaws


Section 4. An Executive Committee consisting of the officers and the immediate past-
Chairperson of the Section shall carry out any functions delegated to it by the Board of Directors. The Chairperson of the Section shall be the Chairperson of the Executive Committee but shall only have one vote on the Executive Committee.

Section 5. Membership in a committee shall be determined by the Chairperson of the Section except as otherwise provided in these bylaws. Except as otherwise provided in these bylaws, the committee membership shall elect its own officers for such terms and to perform such functions as each committee deems appropriate. However, the chairperson of a committee shall not serve for a term of more than two years consecutively and may not be re-elected chairperson of the committee until at least two years after he/she was last chairperson. This limitation shall not apply to those chairpersons who hold the chairpersonship ex officio.

ARTICLE VI
ELECTION OF OFFICERS

Section 1. Election of officers for the Section shall be undertaken during the Annual Convention of AAJ in accordance with the AAJ Section Election Rules as directed by the Bylaws of AAJ. 

Section 2. Only those members of AAJ who are in good standing and who have applied for membership in the Section sixty (60) days or more prior to the registration date of the Annual Convention of AAJ shall be eligible to vote at the Annual Meeting of this Section.  There shall be no voting by proxy.

Section 3. The Chairperson of the Section shall have the power to fill vacancies among the officers by appointment, such appointee serving until the next Annual Meeting of the Section at the Annual Convention of AAJ.

ARTICLE VII
DUTIES OF OFFICERS

Section 1. Chairperson: The Chairperson shall serve on the Board of Directors of the Section and shall be the chief executive officer of the Section during his/her term of office and shall preside at all meetings of the Section and the Board of Directors. He/she, together with the Vice Chairpersons for Litigation Groups and for Generic Issues, shall be responsible for the presentation of the Section program at the Meetings of AAJ and at such other dates and places mutually agreed upon by the Board of Governors of the Association and the Board of Directors of this Section. The Chairperson shall appoint such regional or state Chairperson as he/she deems necessary and proper to carry out the affairs of the Section within each Circuit or each State.

Section 2. Chairperson-Elect shall serve on the Board of Directors for the Section. He/she shall be responsible for the presentation of the Section program at the Meetings of AAJ and at such other dates and places mutually agreed upon by the Board of Governors of the Association and the Board of Directors of this Section. He/she shall be charged with the responsibility of carrying out the purposes of this Section as set forth in Article I, Sections 2 and 3, particularly with respect to Litigation Groups matters, subject to the overall supervision and authority of the Board of Directors.

Section 3. First Vice Chairperson shall serve on the Board of Directors of the Section. He/she shall be responsible for the presentation of the Section program at the Meetings of AAJ and at such other dates and places mutually agreed upon by the Board of Governors of the Association and the Board of Directors of this Section. He/she shall be charged with the responsibility of carrying out the purposes of this Section as set forth in Article 1, Sections 2 and 3, particularly with respect to the work of the ad hoc committees, subject to the overall supervision and authority of the Chairperson.

Section 4. Second Vice Chairperson shall be responsible for presenting at the Annual Convention of AAJ and at each meeting of the Board of Governors of the Association when called upon a report of the work of the Section for the preceding year or the appropriate portion thereof. He/she shall also serve as chair of Liaison Committee and shall be responsible for all communications with AAJ regarding the business of the Section.

Section 5. Secretary shall be present at all meetings of the Section and shall record and keep minutes of all the Section meetings. The Secretary shall be the custodian of all books, papers, documents and other property of the Section, subject to the general supervision of the Chairperson of the Section and the Secretary of AAJ. He/she shall keep appropriate records of the receipts of the Section and shall be responsible for such funds, together with such other funds as may come into the possession of the Section by allocation from the Board of Governors of AAJ or from any other sources. He/she shall be responsible for the depositing of such funds with such banking institution as may be designated to be depository by the Board of Directors of this Section. He/she shall be responsible for the disbursements and records of the accounts of such funds.

ARTICLE IX
MEETINGS

Section 1. The regular Annual Meeting of the Board of Directors and the Section shall be held each year during the Annual Convention of AAJ.

Section 2. The Chairperson may call special meetings of the Board of Directors at such times as he/she considers necessary for the proper conduct of the affairs of the Section. The Board of Directors shall call special meeting of the Section at such times as it considers necessary for the proper conduct of the affairs of the Section.

ARTICLE X
BYLAWS AND AMENDMENTS

Section 1. These Bylaws shall become effective upon approval of the Board of Governors of AAJ.

Section 2. These Bylaws may be amended at the Annual Meeting of the Section, by a two-thirds vote of the members present, which amendments, however, shall take effect only upon approval by the Board of Governors of AAJ.

Section 3. All amendments must be offered to the Chairperson and Secretary of the Section in writing not less than sixty (60) days prior to the Annual Meeting of the Section and shall be circulated in printed form to those who register for the Annual Convention of AAJ at the expense of the person offering the amendment.

Document Libraries:

The American Association for Justice's Document Libraries are a valuable benefit for members, providing a free and secure way for members to share resources.  

All AAJ Sections, Litigation Groups, and the New Lawyers Division Caucus have a Document Library available.  The Document Library allows group members to share depositions, court documents, articles, research, and other practice resources in a secure, online environment.  Document Libraries are restricted to members of the specific Section, Litigation Group, or NLD. The Document Libraries are available 24/7.  

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AAJ Exchange Document Libraries offer full-text searching and enhanced security features, and every document stored in the library can be designated for member access only, or for purchase by non-group members.

Reminder: Prior to donating documents to the Exchange, it is the member's responsibility to confirm that there are no outstanding protective orders that would prevent dissemination of the documents. The member must also obtain client consent before sending documents to the Exchange that may contain individual, medical or health related or other personal client information. 

Section Leadership:

 

Chair
Jon Rehm
Rehm Bennett and Moore, PC, LLO
3701 Union Drive
Lincoln, NE 68516
Phone: 402/420-1400
Fax: 402/420-1508
 
Chair Elect
Robert L. Hendrix
Morgan & Morgan
832 1st Avenue
Columbus, Ga 31901
Phone:706/478-1949
 
First Vice Chair
Michael K. Gruber
Pasternack Tilker Ziegler
Walsh Stanton & Romano LLC
111 Livingston St.
Brooklyn, NY 11201
Phone: 347/222-3106
 
Second Vice Chair
Colleen Fowler
AllianceMeds
P.O. Box 222
Barnesville, PA 18214
Phone: 570/668-8820
Fax: 570/668-8825
 
Secretary
Gregg S. Freeburn
Freeburn & Hamilton
2040 Linglestown Rd.
Suite 300
Harrisburg, PA 17110
Phone: 717/671-1955
Fax: 717/671-1960
 
Newsletter Editor
Mary Anne O. Lucas
O'Malley & Langan
Law Offices
201 Franklin Ave.
Suite 104
Scranton, PA 18503
Phone: 570/344-2667
Fax: 570/344-6199
 
Immediate Past Chair
Debra A. Matherne
Michael J. O'Connor & Associates, LLC
608 W. Oak St.
Frackville, PA 17931
Phone: 570/874-3300
Fax: 570/874-4822