1. EMPLOYMENT AND LABOR LAW ISSUES IN THE CONSTRUCTION INDUSTRY Presented by: Gary Trobe February 28, 2006

2. INVESTIGATION OF LABOR LAW CLAIMS FROM FIRST NOTICE OF THE LOSS THROUGH TRIAL

3. FIRST NOTICE OF LOSS AT THE SITE FOLLOWING THE LOSS THE PRIMARY CONCERN IS TO PRESERVE AND DOCUMENT THE SCENE FOLLOWING THE LOSS THE PRIMARY CONCERN IS TO PRESERVE AND DOCUMENT THE SCENE PHOTO OR VIDEO THE SCENE COLLECT MEASUREMENTS OF AREA COLLECT ANY EVIDENCE OR ARTIFACTS IDENTIFY THE INJURED (OBTAIN PEDIGREE) IDENTIFY THE EMPLOYER, UNION AND TRADE LEVEL OR EXPERIENCE RECORD NAMES OF PD AND EMS PERSONNEL ON SCENE RECORD NAMES OF ALL INSPECTORS AND INSURANCE PERSONNEL ON SCENE IDENTIFY CO-WORKERS AND OTHER WITNESSES NOTIFY YOUR COMPANY FOLLOWING THE RISK MANAGEMENT PROCEDURES

4. WHEN THE ADJUSTER OR INVESTIGATOR CALLS

5. COLLECTION OF DOCUMENTATION CONTRACTS CONTRACTS INSURANCE POLICIES OR CERTIFICATES OF INSURANCE INSURANCE POLICIES OR CERTIFICATES OF INSURANCE LEASES FOR ALL EQUIPMENT LEASES FOR ALL EQUIPMENT SITE PLANS OR SCHEMATICS SITE PLANS OR SCHEMATICS OPERATING GUIDES, PURCHASE INFORMATION AND SPECIFICATIONS FOR ALL EQUIPMENT INVOLVED OPERATING GUIDES, PURCHASE INFORMATION AND SPECIFICATIONS FOR ALL EQUIPMENT INVOLVED

6. COLLECTION OF DOCUMENTATION SITE DOCUMENTATION OR REPORTS SITE LOG BOOK SAFETY INSPECTIONS ACCIDENT OR LOSS REPORT SAFETY MEETINGS SITE PROGRESS PHOTOS

7. COLLECTION OF DOCUMENTATION INJUREDS PERSONNEL FILE WORKERS COMPENSATION REPORTS HOSPITALIZATION CARRIER THIRD PARTY DISABILITY COVERAGE THIRD PARY LIFE INSURANCE PHOTOGRAPH OF PLAINTIFF TRAINING DOCUMENTATION UNION AFFILIATION

8. COLLECTION OF DOCUMENTATION CONTRIBUTING FACTORS YOU WISH TO RELAY CONTRIBUTING FACTORS YOU WISH TO RELAY NAMES OF CO-WORKERS AND OTHER CONTRACTORS IN AREA AT TIME OF LOSS NAMES OF CO-WORKERS AND OTHER CONTRACTORS IN AREA AT TIME OF LOSS IDENTIFICATION OF MATERIAL OR EQUIPMENT USED OR SHOULD HAVE BEEN USED IDENTIFICATION OF MATERIAL OR EQUIPMENT USED OR SHOULD HAVE BEEN USED

9. COLLECTION OF DOCUMENTATION REPORTS, LETTERS FINDINGS OF ANY GOVERNMENTAL OR REGULATORY AGENCY REPORTS, LETTERS FINDINGS OF ANY GOVERNMENTAL OR REGULATORY AGENCY PERMITS PERMITS SPECIAL REQUIREMENTS TO PERFORM THE JOB AS SPECIFIED BY ANY GOVERNMENTAL AGENCY SPECIAL REQUIREMENTS TO PERFORM THE JOB AS SPECIFIED BY ANY GOVERNMENTAL AGENCY LICENSING AND OR TRAINING REQUIRED TO PERFORM THE JOB LICENSING AND OR TRAINING REQUIRED TO PERFORM THE JOB

10. WHAT ARE THE TYPES OF QUESTIONS AND STATEMENTS WE WILL BE ASKED?

11. INVESTIGATION QUESTIONS PERSONAL PEDIGREE INFORMATION PERSONAL PEDIGREE INFORMATION EMPLOYMENT HISTORY EMPLOYMENT HISTORY RELATIONSHIP TO INJURED RELATIONSHIP TO INJURED INJUREDS EMPLOYEMENT HISTORY INJUREDS EMPLOYEMENT HISTORY DESCRIPTION OF THE ACCIDENT DESCRIPTION OF THE ACCIDENT CONTRIBUTING FACTORS CONTRIBUTING FACTORS INJUREDS MEDICAL HISTORY INJUREDS MEDICAL HISTORY WITNESS INFORMATION WITNESS INFORMATION

12. WHEN A PRODUCT OR MACHINERY IS INVOLVED MANUFACTURER, MAKE, MODEL AND SERIAL NUMBER MANUFACTURER, MAKE, MODEL AND SERIAL NUMBER WHO OWNS WHO OWNS WHO MAINTAINS WHO MAINTAINS MAINTENANCE HISTORY MAINTENANCE HISTORY INSTALLATION HISTORY INSTALLATION HISTORY SERVICE CALL HISTORY SERVICE CALL HISTORY OPERATING INSTRUCTIONS OPERATING INSTRUCTIONS PURCHASE INFORMATION PURCHASE INFORMATION EXACT DESCRIPTION OF HOW IT WORKS EXACT DESCRIPTION OF HOW IT WORKS

13. WHEN A MOTOR VEHICLE OR OPERATING EQUIPMENT IS INVOLVED MAKE, MODEL AND YEAR MAKE, MODEL AND YEAR VIN OR SERIAL NUMBER VIN OR SERIAL NUMBER REGISTRATION AND TITLE REGISTRATION AND TITLE REPAIR AND MAINTENANCE HISTORY REPAIR AND MAINTENANCE HISTORY INSPECTION HISTORY INSPECTION HISTORY CURRENT LOCATION OF VEHICLE CURRENT LOCATION OF VEHICLE LICENSING OR TRAINING OF INJURED LICENSING OR TRAINING OF INJURED ADDITIONAL LIABILITY INSURANCE ADDITIONAL LIABILITY INSURANCE

14. WHAT TO EXPECT AT THE TIME OF TRIAL RE-VISITING OF THE INITIAL INVESTIGATION RE-VISITING OF THE INITIAL INVESTIGATION REVIEW OF DEPOSITIONS AND TRIAL TESTIMONY REVIEW OF DEPOSITIONS AND TRIAL TESTIMONY RECEIPT OF SUBPOENAS FOR RECORDS AND OR APPEARANCE AT TRIAL RECEIPT OF SUBPOENAS FOR RECORDS AND OR APPEARANCE AT TRIAL TRIAL TESTIMONY TRIAL TESTIMONY

15. INCORPORATING SURVEILLANCE INTO THE MEDICAL RECORD REVIEW

16. PLANNING THE SURVIELLANCE OBTAIN PHOTGRAPH OR IME INFORMATION OBTAIN PHOTGRAPH OR IME INFORMATION VERIFY PEDIGREE AND DMV HISTORY VERIFY PEDIGREE AND DMV HISTORY OBTAIN EXACT INJURY HISTORY OBTAIN EXACT INJURY HISTORY DEVELOP A GUIDELINE FOR VIDEO TAPING THE CLAIMANT DEVELOP A GUIDELINE FOR VIDEO TAPING THE CLAIMANT

17. USING SURVIELLANCE IN CONJUCTION WITH THE IME EVALUATION REQUIRES TIMING OF SURVEILLANCE ACTIVITY REQUIRES TIMING OF SURVEILLANCE ACTIVITY IDENTIFYING EXACTLY WHAT ACTIVITIES THE CLAIMANT ALLEGES THAT THEY CAN NOT DO IDENTIFYING EXACTLY WHAT ACTIVITIES THE CLAIMANT ALLEGES THAT THEY CAN NOT DO CONDUCTING SURVEILLANCE OVER SEVERAL DAYS IN DIFFERENT PERIODS OF TIME CONDUCTING SURVEILLANCE OVER SEVERAL DAYS IN DIFFERENT PERIODS OF TIME