PO Box 89310

Sioux Falls, SD 57109

terese.schulte@rascompanies.com

605-362-5676

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ADA Considerations In Managing and

Handling Workers' Compensation Claims

Mondays

4:30 pm

The Americans with Disabilities Act is a complex law.  Understanding the basics is critical in managing and handling workers’ compensation claims whether you are the claims adjuster or the employer.  A company must have a compliant and effective ADA process.  This presentation will help you understand the key fundamentals of the ADA and highlight best practices using hypotheticals and case studies.  This session will:

  • Provide an in-depth overview of the ADA

  • Provide an overview of ADA and medical examinations

  • Provide tips on how to engage in the interactive process and accommodate disabled employees in order to comply with the law and minimize workers' compensation exposure.

Jean Bender, Esq.

Attorney - Davenport, Evans, Hurwitz and Smith PC

Jean is an attorney with Davenport, Evans, Hurwitz & Smith and is active assisting clients with employee benefits issues and all areas of employment law. Jean counsels clients on issues involving harassment, race, sex, age, national origin and disability discrimination, wrongful termination, wage and hour issues arising under the Fair Labor Standards Act, and leave issues under the Family and Medical Leave Act.  Jean proactively counsels clients on issues such as hiring and firing, drug testing, harassment and discrimination investiga­tions, employment policies, and company handbooks.  Jean also drafts corporate documents related to employment such as contracts, non-compete agreements, and severance agreements and releases. 

 Jean also consults with clients on ERISA and other legal compliance issues for employee benefit plans ranging from qualified retirement plans to flexible benefit plans. Jean has assisted a number of clients in correcting plan errors through IRS and DOL voluntary compliance programs such as EPCRS and DFVCP.  She also negotiates service contracts with third party providers. 

Jean has received a Martindale-Hubbell Distinguished Peer Rating, indicating the attorney is widely respected for high professional achievement and ethical standards.  Jean has also been selected as one of The Best Lawyers in America in the area of Employee Benefits (ERISA) Law and Employment Law—Management and has been ranked by Chambers and Partners in the area of Labor & Employment Law.

 Jean is active in a number of community organizations. She currently serves as the Chair of the Minnehaha County Board of Commissioners.  She is past president of the Brandon Valley School Board and the Brandon Valley Booster Club.  She is also the former president of the board of directors for Volunteers of America, Dakotas.  Jean also served on the CASA Board of Directors. She is a frequent volunteer for Junior Achievement and active in her church.

rect consulting to organizations while maintaining his hand in case management.

Kristi Holm, Esq.

Attorney  - Daveport, Evans, Hurwitz and Smith PC

Kristi has been with Davenport Evans since 1995. Her practice is focused upon representing employers and insurers in all stages of workers’ compensation and employment matters. She regularly provides advice to clients on compensability issues and defenses involved with workers’ compensation claims before litigation is commenced, but also continues to assist them by defending litigated claims before the Department of Labor and on appeal. Employers also look to her for guidance and the aggressive defense of Title VII cases involving claims of harassment and discrimination, claims involving other laws that impact employers, such as the ADA and FMLA, as well as the defense of bad faith claims.

Kristi has received a Martindale-Hubbell Distinguished Peer Rating, indicating the attorney is widely respected for high professional achievement and ethical standards. She has also been selected by Best Lawyers® in the area of Workers’ Compensation Law – Employers, and has been ranked by Chambers and Partners in the area of Labor & Employment and Labor & Employment: Workers’ Compensation.

Kristi is active in a variety of community organizations. She currently serves on the Board of Directors for the Washington Pavilion Husby Performing Arts Center and Habitat for Humanity – South Dakota. She is also active in her local school district, serving on the Brandon Valley Band Parents Board and previously on the Athletic Booster Club Board.