8:00 - 5:00 p.m. 

ASP Course (Part 1 of 3)

Salon 3 - Clarion Plaza Hotel (across the street from the Peabody)

Joseph A. LeBlanc, CSP, OHST

This specially offered course is designed for professional development training for safety practitioners. The curriculum is specifically designed for examination preparation for associate safety professionals and consists of three training days. Workbooks are provided with one specifically designed for self-study. Course includes a scientific calculator for each student with instructions and exercises.

8:00 - 5:00 p.m.

CSP Course (Part 1 of 3)

Salon 4 - Clarion Plaza Hotel (across the street from the Peabody)

Marvin L. Becker, P.E., CSP, OHST

This specially offered course is designed for professional development training for safety practitioners. The curriculum is specifically designed for examination preparation for certified safety professionals and consists of three training days. Workbooks are provided with one specifically designed for self-study. Course includes a scientific calculator for each student with instructions and exercises.

8:00 - 5:00 p.m.

ASP Course (Part 2 of 3)

Salon 3 - Clarion Plaza Hotel (across the street from the Peabody)

Joseph A. LeBlanc, CSP, OHST

8:00 - 5:00 p.m.

CSP Course (Part 2 of 3)

Salon 4 - Clarion Plaza Hotel (across the street from the Peabody)

Marvin L. Becker, PE, CSP, OHST

Sunday, September 24

7:00 - 9:00 p.m.

Shuttle Bus between the Peabody, Clarion, and Renaissance

9:00 - 3:00 p.m.

Tennis Tournament and Late Registration

Metro West Golf and Country Club

10:00 - 11:00 a.m.

Late Registration for Golf Tournament

(Peabody Hotel Lobby - Registration for those not pre-registered, if space available)

12:00 - 6:00 p.m.

Exhibit Hall Setup

Convention Level, Peabody Hotel

1:00 - 6:00 p.m.

Golf Tournament

Metro West Golf & Country Club

2:00 - 5:00 p.m.

Registration

Convention Level, Peabody Hotel

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8:00 - 11:00 a.m.

Florida Medical Association Workers’ Compensation Education: A Practical Course

Salons 11 & 12 - Clarion Plaza Hotel (across the street from the Peabody)

transportation between the Peabody and the Clarion Hotel is available

Oregon K. Hunter, MD

Rehabilitation Medicine Associates, PA

Ocala, FL

Don Weidner

General Counsel

Florida Physicians’ Association

Jacksonville, FL

Mad as hell and not going to take it anymore? Then this course is designed for you. Rejoin the system: learn how to get workers’ compensation managed care contracts on your own terms, learn about fair reimbursement schedule references, learn about model contract language, and improve your negotiating and contracting skills.

8:00 - 5:00 p.m.

ASP Course (Part 3 of 3)

Salon 3 - Clarion Plaza Hotel (across the street from the Peabody)

transportation between the Peabody and the Clarion Hotel is available

Joseph A. LeBlanc, CSP, OHST

SRS Safety Workshops

Titusville, FL

8:00 - 5:00 p.m.

CSP Course (Part 3 of 3)

Salon 4 - Clarion Plaza Hotel (across the street from the Peabody)

transportation between the Peabody and the Clarion Hotel is available

Marvin L. Becker, PE, CSP, OHST

SRS Safety Workshops

Titusville, FL

11:30 - 5:00 p.m.

Workers’ Compensation Healthcare Provider Certification Course

Salons 11 & 12 - Clarion Plaza Hotel (across the street from the Peabody)

transportation between the Peabody and the Clarion Hotel is available

Physicians providing treatment to injured employees in Florida must be properly educated on rendering care within the workers’ compensation system. For those providers outside of Workers’ Compensation Managed Care Arrangements (WCMCAs), this course has been approved by the Division of Workers’ Compensation for this purpose.

For new providers coming into WCMCAs, the individual WCMCA is responsible for your training and education. An individual WCMCA may choose to have you educated about Florida’s workers’ compensation system through this course.

2:00 - 5:00 p.m.

E. Earl Zehmer Moot Court Preliminary Rounds

Rooms Orlando I, II and III & Rooms G & H - Convention Level, Peabody Hotel

Bayhill Suites I - V - Mezzanine Level, Peabody Hotel

Participants:

Barry University of Orlando

Florida Coastal Law School

Florida State University

Mercer University

Nova University

St. Thomas University

Stetson University

University of Florida

University of Miami

Organizers:

Jana E. McConnaughhay

Attorney

Tallahassee, FL

Barbara B. Wagner

Attorney

Deerfield Beach, FL

Richard A. Sicking

Attorney

Miami, FL

7:00 - 1:00 a.m.

Shuttle Bus between the Peabody, Clarion, and Renaissance

8:00 - 5:00 p.m.

Registration and Exhibit Hall Open

Convention Level, Peabody Hotel

9:00 - 9:15 a.m.

Welcoming Speeches

Rooms E, F, G & H - Convention Level, Peabody Hotel

James N. McConnaughhay

Steven A. Rissman

9:15 - 9:30 a.m.

FWCI Scholarship Presentation and Other Awards

Rooms E, F, G & H - Convention Level, Peabody Hotel

J. David Parrish

Gerald A. Rosenthal

9:30 - 10:00 a.m.

An Update on Safety in the Workplace/ Safety Awards

Rooms E, F, G & H - Convention Level, Peabody Hotel

Cindy A. Coe

Lee Weaver

10:00 - 10:30 a.m.

Administrative Workers’ Compensation Perspectives and Division Awards

Rooms E, F, G & H - Convention Level, Peabody Hotel

Charles Williams

10:30 - 11:30 a.m.

Keynote Speaker: Don Shula

Rooms E, F, G & H - Convention Level, Peabody Hotel

11:30 - 1:30 p.m.

Lunch (on your own)

1:30 - 2:30 p.m.

E. Earl Zehmer Moot Court Finals

Rooms E, F, G & H - Convention Level, Peabody Hotel

Jana E. McConnaughhay

Barbara B. Wagner

Richard A. Sicking

Honorable Michael E. Allen

Honorable Marguerite H. Davis

Honorable Peter D. Webster

This annual event is the final round of the moot court competition. The subject of this competition is a topic that is significant in the area of workers’ compensation.

2:30 - 2:45 p.m.

Break

2:45 - 5:00 p.m.

Case Law Update

Rooms E, F, G & H - Convention Level, Peabody Hotel

H. George Kagan

M. Kemmerly Thomas

Thomas H. McDonald

Deanna L. Parrish

Paula F. Kelley

David J. Weissman

Thomas D. Hall

Case Law Update is one of the most important portions and the best attended programs of the Workers’ Compensation Educational Conference. It’s no breakout - it’s the main event. This year, the panelists will discuss many of the major cases that have been decided in the last year by the First District Court of Appeal and the Supreme Court as they affect workers’ compensation matters. An analysis of the trends of the court and the law is also given, with emphasis on the practical application of the case law to the handling of a workers’ compensation claim. This is a must attend presentation.

2:00 - 5:00 p.m.

Orlando I - Convention Level, Peabody Hotel

The First District Court of Appeal and its administrative staff give attendees a view from the bench. The Clerk, Jon S. Wheeler, and Senior Career Attorney, Thomas D. Hall, will present an overview of the court, discussing filings, numbers of cases, panels and caseloads. These individuals will also discuss a topic called "Twenty of the Most Common Errors in Cases Presented to the First District Court of Appeal". Then, the members of the First District Court of Appeal will discuss brief writing, motion practice, interlocutory appeals, oral argument techniques, and the rules. As always, there will be a discussion on some of the "pet peeves" of the various Judges. There will also be a presentation on appellate mediation. A question and answer session will follow. This promises to be one of the highlights of the convention.

2:00 - 3:00 p.m.

Overview of the Court

Jon S. Wheeler

Thomas D. Hall

Donna Gebhart

3:00 - 5:00 p.m.

View From the Court Including Questions and Answers

Honorable Edward T. Barfield

Honorable William Van Nortwick, Jr.

Honorable Peter D. Webster

Honorable Marguerite H. Davis

Honorable Michael E. Allen

1:15 - 4:30 p.m.

Ballroom D - Clarion Plaza Hotel (across the street from the Peabody)

transportation between the Peabody and the Clarion Hotel is available

1:15 - 1:30 p.m.

Welcome and Introductions

Michele Lester

1:30 - 2:30 p.m.

Evidence-Based Medical Dispute Resolution, Critical Appraisal Applied To Workers’ Compensation

Tee Lamont Guidotti, MD, MPH

There is a lot of junk science and misinformation about health risks in the legal world. A series response to this problem of evaluation has been designed so that the scientific evidence can be applied to resolving legal and other health-related disputes. It is called "evidence-based medical dispute resolution," or EBMDR. The objective of this process is an ethical, competent, and critical approach to improve the use of scientific information by society in dealing with complicated and controversial health issues.

2:30 - 3:30 p.m.

Developing a Medication Strategy for Managing Workers’ Compensation Claimants

Ralph W. Kendall, PharmD

Learn how to identify problems which are possibly medication-related, negative outcomes from medication-related problems, possible factors which place patients "at-risk" for expression of adverse drug reactions, several medications frequently implicated in adverse events, and how to approach simplification of a drug regimen.

3:30 - 4:30 p.m.

Impairment Rating with the Florida Guides

Anthony Doroto, DC, MD

What is the scientific basis for impairment evaluation? What are the legal requirements for a health care provider to be able to rate a claimant according to the Florida Uniform Permanent Impairment Rating Schedule (FUPIRS)? When are the AMA Guide to the Evaluation of Permanent Evaluation and the Minnesota Impairment Rating Guide applicable? Attendees will learn the basic rules of the FUPIRS, and how to calculate impairments accordingly.

1:30 - 5:30 p.m.

Orlando II & III - Convention Level, Peabody Hotel

1:30 - 3:30 p.m.

View From The Top: Marketplace Issues

Sam Friedman

Tom Duffy

Paul Ramont

D.W. (Bill) Schrempf

James Roberts (Invited)

Forum panel bringing together NCCI and insurance company top-level executives in a group discussion of current issues and trends in workers compensation. Each panel member will individually present his thoughts on the "state of the market", followed by a moderated discussion led by Sam Friedman with audience questions and answers.

3:45 - 5:30 p.m.

OSHA Ergonomics Recommendations

Sam Friedman

Charles Jeffress (Invited)

Eric Oxfeld

Invited Representative

Representatives of various constituencies discuss the OSHA ergonomics recommendations and their effect/impact on the workers compensation system. Each panelist will make a short presentation, followed by moderated discussion and audience questions.

1:00 - 3:00 p.m.

Crane Inspection & Certification

Fairview Room - Mezzanine Level, Peabody Hotel

Joe Crispell

This course will provide background information about lifting principles and serve as a guideline for inspecting mobile construction cranes. Topics will include the many components of cranes and their inter-dependence in lifting operations, the OSHA requirements for proper maintenance schedules, and safe crane operations.

1:00 - 4:00 p.m.

Running an Effective Drug-Free Workplace Program and the Necessity to Update Your Current Program to Comply with Recent Changes in Florida Law and Laboratory Procedures

Salons 13 & 14 - Clarion Plaza Hotel (across the street from the Peabody)

transportation between the Peabody and the Clarion Hotel is available

Nicholas Mirowsky

Due to recent changes in Florida law and laboratory procedures, all drug-free workplace programs must be updated. This course will review the changes and decisions that need to be made in order to run the most effective drug-free workplace program for your company.

1:00 - 5:00 p.m.

Ergonomics for the Millennium (Part 1 of 2) (Certificated)

Salons 7 & 8 - Clarion Plaza Hotel (across the street from the Peabody)

transportation between the Peabody and the Clarion Hotel is available

Steven A. Field, MD, MSPH

Thomas E. Bernard, PhD

This course will provide a summary of the basic to advanced principles in dealing with ergonomics and the onset of work related musculoskeletal diseases (WRMSDs). Assessment tools will be taught as will pathophysiology of the WRMSDs. Treatment principles including physical therapy will be touched upon. Students will take from this course an understanding of the basic principles as well as the knowledge in how the various assessment tools are used. Health care people will have a greater understanding of the pathophysiology and treatment protocol. A certificate will be issued upon completion of Parts 1 & 2.

1:00 - 5:00 p.m.

Top 4 Workers’ Compensation Injuries: Causes, Prevention & Control

Salons 5 & 6 - Clarion Plaza Hotel (across the street from the Peabody)

transportation between the Peabody and the Clarion Hotel is available

Mitzi Dykes, CPCU, ARM, PSM

Darby Brown, PSM

This course will provide an overview of national injury statistics; and a discussion of general prevention techniques before the accident (hiring, training), specific prevention techniques, and control of costs after the accident (return-to-work).

1:00 - 5:00 p.m.

Scaffolding (Part 1 of 2) (Certified)

Salons 3 & 4 - Clarion Plaza Hotel (across the street from the Peabody)

transportation between the Peabody and the Clarion Hotel is available

Jeffrey Stachowiak

This course will cover competent person and user training; review OSHA Subpart L 1926.451 regulations; provide an analysis of accidents on scaffolds; cover proper use of guardrails, planking, the height to base ratio, tie-offs, stair units, loading, rolling scaffolds, ladders and stairways, suspended platforms, aerial work platforms; and provide information you need to recognize hazards and build a safe scaffold. A certificate will be issued upon completion of Parts 1 & 2.

3:00 - 5:00 p.m.

Respiratory Protection Equipment; Standards and Fit Testing (Certificated)

Fairview Room - Mezzanine Level, Peabody Hotel

Hal Morrow

This course will address the recent changes in NIOSH 42 CFR 84 which establishes new performance criteria for all negative pressure particulate air-purifying respirators and filters. Also included will be new standards for fit-testing and training and an explanation of the contaminant change-out schedules now required. A certificate will be issued upon completion of this course.

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7:00 - 11:00 p.m.

Reception and Entertainment

Front of the Peabody Hotel - casual dress

Battle of the Bands:

7:00 - 6:00 p.m.

Shuttle Bus between the Peabody, Clarion, and Renaissance

8:00 - 5:00 p.m.

Registration and Exhibit Hall Open

Convention Level, Peabody Hotel

8:45 - 4:15 p.m.

Room E - Convention Level, Peabody Hotel

8:45 - 9:45 a.m.

Carpal Tunnel: Is It Real or Not? Is It Job Connected or Not?

Richard L. Shure, MD

Kimberly Gibson, PT CHT

Information will be presented by a hand surgeon and a certified hand therapist. The discussion will include the pathophysiology of carpal tunnel syndrome including both mechanical and systemic causes. The presenters will speak specifically about the mechanical contribution of work to the development of carpal tunnel syndrome, as well as non work-related causes of carpal tunnel syndrome including thyroid disease, diabetes mellitus and rheumatoid arthritis. There will be a discussion on causes of carpal tunnel syndrome like symptoms due to other lesions including cervical radiculopathy, thoracic outlet syndrome, cubital tunnel syndrome and a generalized peripheral neuropathy secondary to metabolic diseases such as diabetes mellitus. The speakers will consider work-related risk factors for developing carpal tunnel syndrome and preventative activities to reduce the risk of developing work-related carpal tunnel syndrome.

9:45 - 10:00 a.m.

Break

10:00 - 12:00 p.m.

Issues and Answers: Hot Topics

Jeffrey A. Taylor

Vicki Koch

Sylvia Scremin-Pace

Charlie Greene

Cynthia Cegan

Scott H. Silver

Steven A. Rosen

As always, this will be a very lively presentation. All of the claims professionals on the panel will present a detailed analysis of several workers’ compensation "hot topics". The attorneys will act as provocateurs, whose goal it is to argue and debate with each other and with the various panelists on the several areas of the law. Moderator, Jeff Taylor, will be your guide. Vicki Koch will discuss responding to and analyzing Petitions for Benefits. Sylvia Scremin-Pace will analyze the new Statute of Limitations cases, an area of the law that has finally been cleared up. Charlie Greene will tell the audience how to identify potential fraud cases, but he does not stop there. Instead, he concentrates on defense strategies once the fraud is identified. Finally, Cynthia Cegan will take us to tactics school in the special weapons division. These were weapons created by the 1994 law, which, in many ways, are under-utilized. They include using an Expert Medical Advisor, expedited hearings and re-employment assessments.

12:00 - 1:00 p.m.

Lunch (on your own)

1:00 - 2:00 p.m.

The Spotlight Is On You

Steven A. Rissman

Russell Warm

Nancy Amee

There are several times when what an adjuster does or says is critical to the handling of a workers’ compensation claim. Three examples of situations where testimony is crucial are as follows: the adjuster’s deposition, at mediation and at trial. This breakout will teach the adjuster how to prepare for these events including what to say and how to say it. The panel will go over the various types of claimant’s attorneys and what they are trying to accomplish at depositions, mediations and trials. This is a nuts and bolts presentation about preparation and about pre-deposition, pre-mediation and pre-trial conferences.

2:00 - 2:15 p.m.

Break

2:15 - 3:15 p.m.

Ethics

Paul A. Remillard

This year the paramount issues of professionalism and ethics will be dealt with in a unique, interactive format. Panel members and the audience will be challenged to a spirited debate by the moderator encountering questions arising out of fact situations commonly encountered by workers’ compensation adjusters. Topics will include the allocation of decision making responsibility between attorney and client, professional conduct in negotiations, candor toward Judges, and the obligation of truthfulness to third persons.

3:15 - 4:15 p.m.

Confidentiality: What Types Of Information Can Be Divulged?

Jamey S. Rodgers

Gerald A. Rosenthal

Frances Ford

This panel will explore the issues on highly informative and timely "hot topics" surrounding the confidentiality of workers’ compensation information on cases involving AIDS, HIV, and hepatitis conditions. When does an injured worker’s right to privacy prevent a proper investigation of compensability? Can you explore the sexual habits and history of the injured worker? What about the injured worker’s partners? What are the carrier’s rights and responsibilities regarding discovery and release of this information once obtained? If you have questions about how far you can go in investigating these claims and what you can legally release from your claim file, don’t miss this opportunity to have those questions answered and gain insight into a very complex legal issue that could be extremely costly. The panel participants guarantee to provide you tips to make sure you don’t get caught breaching laws outside of workers’ compensation governing patient confidentiality.

8:45 - 4:15 p.m.

Rooms F, G & H - Convention Level, Peabody Hotel

8:45 - 9:45 a.m.

How To Read a Medical Report

Elizabeth F. Campo

Bruce Berkowitz, MD

A large portion of the claims handler’s responsibilities involves reading medical reports and making authorization decisions based upon the contents of the medical reports. But do you really know how to "read" a medical report? In this session, we have taken an in-depth look at the contents of an actual medical report. Find out from the physician who devised the report what actually went into the physical examination, and what information was used in devising a working diagnosis and treatment plan. The claims handlers will have an opportunity to observe as defense counsel questions the physician about subtle references in the records to potential inconsistencies and reference to pre-existing conditions. Also, learn to identify when a physician is making reference to the subjective complaints being out of proportion with the objective findings. Learn how to identify strategies for poking holes in the causal relationship between the complaints and the alleged compensable accident.

9:45 - 10:00 a.m.

Break

10:00 - 11:00 a.m.

Ethics

Jeffrey M. Friedman

David A. Spain

Allison McGarry

Ethics is an integral part of any profession and is a mandatory topic for adjusters. By using the varying backgrounds of an adjuster, a defense attorney and a claimant’s attorney, this panel will address the viewpoints from their respective roles in administering workers’ compensation laws. This panel will discuss the ethical considerations and responsibilities of an adjuster when dealing with an unrepresented claimant as compared to a represented claimant, the effects of a conflict between the carrier and the employer, claims investigation, and penalties for violations.

11:00 - 12:00 p.m.

The Mysterious World Of Recoveries: Show Me The Money

John J. Dubreuil

John P. Daly

This presentation will focus primarily on recovery by subrogation. Florida Statutes appear to give carriers an absolute right to recover a substantial part of all benefits paid or payable when a worker’s injury is caused by a negligent third party. As with much of the law, however, appearances can be deceiving. How can an adjuster recognize when the carrier has potential recovery in the first place? Exactly what are the carrier’s rights of recovery and what must it do to preserve them? What happens if the claimant settles his third-party claim before making a claim for workers’ compensation benefits? To what extent must the carrier cooperate with the claimant’s lawyer in proving the case against the wrongdoer? Even if the wrongdoer is completely at fault, under what conditions might the carrier still not be entitled to recovery? How does the Statute of Limitations work in subrogation cases? Can the carrier sue the wrongdoer directly? If so, is the claimant entitled to any part of the carrier’s recovery? Is the Florida Supreme Court’s Manfredo decision still the basis for calculating the amount of the carrier’s lien or has the First District’s decision in Lombardi changed the rules? All these questions and more will be answered by our expert, two-member panel.

12:00 - 1:00 p.m.

Lunch (on your own)

1:00 - 2:00 p.m.

Questions You Always Wanted To Ask The Judge of Compensation Claims

Eric J. Stiffler

Honorable Douglas Brown

Honorable Juan A. Bello

Honorable Judith A. Brechner

This panel presents frequently asked questions about what a Judge of Compensation Claims will do in certain circumstances. For example, if a claimant’s lawyer files a frivolous motion, is there any sanction that the Judge of Compensation Claims is willing to place against him or the claimant? If the carrier defends the claim on a frivolous basis, what will the Judge do? It is easy to call something frivolous, but how is it proved? Frequently, the claimant’s attorney will file a Request to Produce for the entire managed care arrangement and literally dozens of other managed care documents that are on file with the State of Florida. Does the carrier have to produce those documents every time a claimant’s lawyer asks for them? If not, exactly what needs to be produced in order to comply with the Request to Produce but not spend your entire day responding to onerous Requests to Produce. When questions of work product or privilege come up, what does a Judge do? Also, there will be a discussion on an adjuster’s deposition and whether a Judge will force an adjuster to answer all questions, including those that are personal.

2:00 - 2:15 p.m.

Break

2:15 - 3:15 p.m.

The Adjuster Vs. The Employer: Aren’t We On The Same Side?

Theodore M. Johns

Patty Sikes

Larry Levine

Steve Kesselring

From the moment an accident occurs through the final resolution of the case, the adjuster and employer must rely on each other for the prompt and effective exchange of information and documentation. Decisions must be made and issues evaluated. Often times the exchange of information and documentation is unreasonably delayed or incomplete which leads to ineffective claims handling and poor results. Failure to share in the evaluation of significant issues and decisions may lead to discontent and adversely affect business relationships. This breakout will address specific and common concerns of both the adjuster and the employer representative beginning with the initial notice of claim through court approval of settlement. The panel will discuss and suggest effective and efficient ways of dealing with these common issues and concerns. Specific topics of discussion will include: the decision to accept or deny compensability, average weekly wage documentation, authorization of medical treatment and work status information, return to work issues, settlement evaluation and authority, level of participation at hearings and mediation, and acceptable levels of communication.

3:15 - 4:15 p.m.

Techniques For Getting A Claim To Conclusion

Alan B. Garfinkel

Seliena Kromash

Dianne Heidel

K. C. Gutman

This is a nuts-and-bolts course. The panel members will give their opinions on what should be done in the 120-day investigation period. But that’s just the start. Does the carrier have a plan of action to close the case? Does the defense attorney have a plan? Is this a case headed to trial or to settlement? Is the claimant’s attorney standing in the way or does he want to close the case as well? Why does he file all those motions and ask for all those doctors? This is a discussion no one should miss.

8:30 - 9:30 a.m.

Alumni Breakfasts

Florida State University, College of Law

Salon 7, Clarion Plaza Hotel

University of Florida, College of Law

Salon 8, Clarion Plaza Hotel

University of Miami, College of Law

Salon 6, Clarion Plaza Hotel

9:30 - 4:15 p.m.

Ballroom A - Clarion Plaza Hotel (across the street from the Peabody)

transportation between the Peabody and the Clarion Plaza Hotel is available

Program Moderator:

Robert L. Bamdas

9:30 - 11:15 a.m.

Strategy Session: Hot Topics

Robert L. Bamdas

Ramon Malca

Steven P. Kronenberg

Barry M. Salzman

Warren K. Sponsler

Prosecuting and defending workers’ compensation cases in the new millennium will be discussed in detail by the panel. New trends and techniques as well as recent case decisions impacting major contributing cause, social security offset, permanent total disability and supplemental benefits will be discussed. The panel will also address potential changes to the workers’ compensation system and how those changes may impact the lawyers who practice it. Additionally, the audience will be invited to address the panel members in a discussion of hot topics.

11:15 - 12:15 p.m.

Practice Perspectives

John G. Tomlinson, Jr.

Honorable Melanie C. Jacobson

Honorable John J. Lazzara

Honorable Robert C. McAliley

Judges are people too. The panel will address the effective presentation of a workers’ compensation claim before the bench, focusing on case style, content, and psychology of the case. Additionally, the panel will address judicial perspectives on lawyer professionalism at all stages of the litigation process, including motions, discovery, trial, and settlement. The panel will explore controversial trends, such as separate fee stipulations, in conjunction with lump sum settlements. Proposed uniform rules for the judges of compensation claims will also be addressed.

12:15 - 2:15 p.m.

Lunch (on your own)

2:15 - 4:15 p.m.

Ethics and Professionalism

Howard Scheiner

David C. Barnett

Jeffrey E. Appel

Randall C. Porcher

The panel discussion returns this year with new and challenging ethical considerations presented in a hypothetical format. The panel members will consider ethical obligations and responsibilities as well as professional conduct to the court, opposing parties and others encountered in the litigation process. Topics will include discussion of ethical implications in cases including sensitive issues such as HIV, fraud investigation, intoxication and drug free workplace claims, and cognitively impaired claimants. Ethical obligations impacting attorney conduct during discovery, trial preparation, and settlement negotiations will be explored as well.

9:00 - 4:30 p.m.

Ballroom C - Clarion Plaza Hotel (across the street from the Peabody)

transportation between the Peabody and the Clarion Plaza Hotel is available

Debbie Scott

9:00 - 10:45 a.m.

The First District Court of Appeal: Unraveling The Mystery

Jon S. Wheeler

Thomas D. Hall

Back again by popular demand, are Jon Wheeler, the veteran Clerk of the First District Court of Appeal and Senior Career Attorney, Tom Hall. They will discuss, among other things, time period considerations and the rules. You will also be given a chance to ask questions. This is a must for any legal assistant who participates in preparation of appellate briefs.

10:45 - 11:00 a.m.

Break

11:00 - 12:00 p.m.

Computers: A Pain In The Neck (The Wrist and The Back)

Stephen M. Reed, MD

All of us use computers at our work and even more of us than ever are using computers at home. Not surprisingly, we’re also suffering from more neck, wrist and back problems. Dr. Reed will teach you techniques in order to avoid or lessen these problems.

12:00 - 1:30 p.m.

Lunch (on your own)

1:30 - 2:30 p.m.

Meet The Mediators

Stuart F. Suskin

Andrew B. Goshen

Thomas C. Amore

George M. Murphy

Mediators have their own rules and procedures just like the Judges do. Come meet the mediators and find out their rules and procedures. You will also have the opportunity to ask them questions.

2:30 - 3:30 p.m.

The Faces You Always Wanted To See and the Questions You Always Wanted To Ask: This Is Your Chance To Ask The Judge

Honorable Richard S. Thompson

Honorable Gail A. Adams

Honorable John P. Thurman

Honorable Thomas G. Portuallo

Honorable Ivy C. Harris

Honorable Lauren L. Hafner

Honorable Donna S. Remsnyder

Honorable Paul T. Terlizzese

How often do you get to ask a judge questions? Almost never if you’re like the rest of us. This program is designed to remedy this situation. Join us as we ask all of the judges relevant questions that affect our practices.

3:30 - 4:30 p.m.

Mock Mediation

Deborah M. Smith

Every case is subject to mediation. Find out exactly how a mediation works. Debbie Smith, along with a cast of a defense attorney, a claimant’s attorney, a claimant and an adjuster, will mediate a case. Don’t miss this as it should be both entertaining and informative.

9:00 - 5:00 p.m.

Salons 9 & 10 - Clarion Plaza Hotel (across the street from the Peabody)

transportation between the Peabody and the Clarion Plaza Hotel is available

9:00 - 9:10 a.m.

Welcome and Introductions

Betty Reid, RN, CCM, CRRN, CDMS

April C. Brader

9:10 - 10:15 a.m. Mindfulness Based Stress Reduction

Ketty de la Pena, LCSW

Mindfulness based stress reduction is the ability to tap into our mind/body’s inner wisdom to alleviate physical manifestations of stress, prevent disease, and promote total wellness. Please join us in creating health by experiencing and knowing first hand the profound effect this wisdom can demonstrate in your life.

10:15 - 10:30 a.m.

Break

10:30 - 12:00 p.m.

Spinal Cord Injury Rehabilitation Today

Stuart P. Miller, MD

Join Stuart Miller, MD for an "SCI-101" tour through spinal cord injury rehabilitation. Learn about acute SCI care, prevention of secondary SCI complications, and acute v. subacute SCI rehabilitation efforts and outcomes.

12:00 - 1:00 p.m.

Lunch (on your own)

1:00 - 5:00 p.m.

Division Of Workers’ Compensation Bi-Annual Recertification Course

Randy Crowson

Sandra Ondrus, RN, MHSA

This session fulfills the Division’s bi-annual recertification requirements for qualified rehabilitation providers. Participants will learn the rules (38F-55, F.A.C.) and Section 440.491, F.S. as well as the overall picture and their role in the Florida Workers’ Compensation system.

1:00 - 5:00 p.m.

Salons 11 & 12 - Clarion Plaza Hotel (across the street from the Peabody)

transportation between the Peabody and the Clarion Hotel is available

1:00 - 1:10 p.m.

Opening and Introduction

M. Kemmerly Thomas

1:10 - 2:00 p.m.

Overview of PEO from Regulator Standpoint

Sandra DuPoint

Anthony Spivey

This session will discuss legal and licensing requirements, disciplinary actions, notification requirements between client companies and state agencies as well as other relevant practical application issues as they relate to the employee leasing industry.

2:00 - 2:50 p.m.

Reserves: Claim Reserves and Forecasting Proper GAAP Accounting

D.C. Mickle

Richard Hatcher, CPA

Clearing up confusion associated with the establishment of loss development factor required by Section 468.525(3)(e) , F.S., and Rules 61G7-10.0012, F.A.C. for PEOs is the subject of this session. A PEO and a CPA working together to define what the loss development factors mean to you.

2:50 - 3:40 p.m.

Case Law and Legislative Update

Sean O’Connor

This section will discuss relevant First District Court of Appeal decisions regarding PEO issues and recent legislative hot topics.

3:40 - 5:00 p.m.

Hot Topics

M. Kemmerly Thomas

Gary S. Weisman

with entire Panel input

This section will discuss employer ramifications and liability, notification of PEO implementation to workers, and proper cancellation of policies, general liability, policy exclusions, fraud, utilizing SUTA and FUTA rates, managed care arrangements, and special claims handling procedures.

8:30 - 5:00 p.m.

Orlando II & III - Convention Level, Peabody Hotel

8:30 - 10:15 a.m.

Measuring Up: Benchmarking Outcomes

Bruce Hillman

Ann Clayton

Benchmarking outcomes of various state workers compensation systems is an important tool in evolving system reforms. Ms. Clayton will discuss the results of the WCRI’s "benchmarking" project, which measures results against legislative initiatives. Some of the areas measured are benefits paid, defense costs, and cost-containment costs. Ms. Clayton may be joined by others from the WCRI.

10:15 - 10:30 a.m.

Break

10:30 - 12:00 p.m.

Medical Records: Privacy, Confidentiality, and Technology

Diana B. Reitz

Mike Ferguson

Gary Claxton (Invited)

Hon. Charlie Norwood, R-Ga. (Invited)

Privacy is the name of the game in the 21st century. The Health Insurance Privacy & Portability Act (HIPPA) requires privacy of electronically transmitted medical records. The internet has established new perceived risks for privacy. Several bills have been introduced into Congress. What is a reasonable standard that permits proper workers’ compensation medical case management and still respects patient privacy? What are consumers demanding, and how will it affect business?

1:30 - 2:30 p.m.

Reality Check: Managed Care Issues

Diana B. Reitz

Bruce Sundquist

What are the realities of managed care today? Have they affected how workers compensation cases are handled? Has managed care fulfilled its promise? What have been the effects of bad press on HMOs and managed care?

2:30 - 2:45 p.m.

Break

2:45 - 3:45 p.m.

Bottom Line: Workers Compensation Loss Ratios and Rates

Bruce Hillman

Robert Hartwig

Edward Woodward

Why is the loss ratio continuing to rise? What’s happening to the system? What happened to California’s "open rating" system? Why is there such a wide variation in medical costs for the same types of injuries in different jurisdictions?

4:00 - 5:00 p.m.

View from the Inside: Telecommuting and Workers’ Compensation

Diana B. Reitz

Roger Andrews

and

Himself a telecommuter who lives in Utah and works for a Kentucky-based company, Mr. Andrews will discuss telecommuting issues from both a management and an employee perspective. Included will be information on how this social change has impacted the WC system; fraud; compensability of injuries; the effect on FLSA. Many adjusters are now faced with adjusting such claims, in addition to also being telecommuters themselves.

8:00 - 10:00 a.m.

Control of Hazardous Energy (Lockout/Tagout)

Fairview Room - Mezzanine Level, Peabody Hotel

Edward V. Grund

This course will cover energy release incident causation; lockout/tagout concepts; regulatory requirements OSHA 1910.147; policy/procedure development; protective techniques; enforcement history & strategy; and computer software lockout system management.

8:00 - 12:00 p.m.

The New OSHA Injury & Illness Recordkeeping Rules (Certificated)

Salons 11 & 12 - Clarion Plaza Hotel (across the street from the Peabody)

transportation between the Peabody and the Clarion Hotel is available

Bob Whitmore

The new OSHA injury and illness recordkeeping rules will take effect January 1, 2001. OSHA’s Bob Whitmore, head of the Division of Recordkeeping Requirements in Washington, DC, will give a presentation on the new requirements with plenty of time for your questions...so come prepared! Copies of the new regulation and required forms will be provided. The Presentation will cover major changes, and new additions, and concepts. A certificate will be issued upon completion of this course.

8:00 - 12:00 p.m.

Scaffolding (Part 2 of 2) (Certified)

Salons 3 & 4 - Clarion Plaza Hotel (across the street from the Peabody)

transportation between the Peabody and the Clarion Hotel is available

Jeffrey Stachowiak

This course will cover competent person and user training; review OSHA Subpart L 1926.451 regulations; provide an analysis of accidents on scaffolds; cover proper use of guardrails, planking, the height to base ratio, tie-offs, stair units, loading, rolling scaffolds, ladders and stairways, suspended platforms, aerial work platforms; and provide information you need to recognize hazards and build a safe scaffold. A certificate will be issued upon completion of Parts 1 & 2.

8:00 - 12:00 p.m.

Workers’ Compensation: An Integrated Approach To Claim Management, From Baseline Testing To Web Based Data Transfer

Orlando I - Convention Level, Peabody Hotel

Alistair W. Brown

Robert B. Jennings, DEd

Joan Brannick, PhD

Mary Jarrett

William Pezzutti

Glen McClary

Claude Revels

The workshop will provide hands on baseline testing, and the utilization of data as relates to hiring, job placement and transfers, ergonomic considerations, return to work initiatives and apportionment of preexisting conditions. Additionally, there will be a demonstration of a web based data transfer software package that will allow employer/carriers to transfer and receive data from providers, including work status reports, physician’s notes, authorization forms, job descriptions, baseline physical data, video/digital photos of the job, a referral system module, and direct electronic billing of the HCFA -1500 form.

A panel of presenters, end users and attorneys will provide comments as relates to the area of utilization, such as, EEOC and ADA validation concerns, apportionment, reemployment assessments, and major contributing cause.

8:00 - 5:30 p.m.

Forklift Operation And Safety (Certified)

Ballroom D - Clarion Plaza Hotel (across the street from the Peabody)

transportation between the Peabody and the Clarion Hotel is available

Christopher H. Smith

OSHA requires operators to be trained on the specific type of forklift they operate. This course is 1-day designed for the users of industrial lift trucks and deals with the operation and hazards presented with these types of forklifts. Topics presented in this course will be: Regulations and Standards, Forklift Types, Attachments, Capacities Limitations, Id Plate, Pre-Operational Inspection, Stability Triangle, Center of Gravity’s, Load Handling, Dock Plates and Trailer Loading, Worksite Conditions, Hazard Environment Ratings, Fueling and Battery Charging, Overhead Powerlines, and Hands-On Operation and Evaluation (OHSA Required). A certificate will be issued upon completion of this course.

10:00 - 11:00 a.m.

"Ergo-economics", An Investment In Ergonomics Pays A Significant Cost Benefit

Fairview Room - Mezzanine Level, Peabody Hotel

Marilyn A. Roofner, PT

The OSHA regulations will help the employer as well as the employee learn how to determine where to focus and how to implement ergonomic programs that will have a significant return on your dollar (or investment). A "Bottom Line" approach to developing a strong ergo-economics program.

1:00 - 3:00 p.m.

OSHA Update 2000

Salons 3 & 4 - Clarion Plaza Hotel (across the street from the Peabody)

transportation between the Peabody and the Clarion Hotel is available

Lawrence J. Falck

This session will provide the attendees with an update of OSHA’s new goals and priorities. Topics covered will include Florida Statistics, OSHA’s Five Year Strategic Plan, National and Local Emphasis Programs, New Final and Proposed Standards, and other services that OSHA offers. Attendees will have ample time to ask questions.

1:00 - 5:00 p.m.

Ergonomics For The Millennium (Part 2 of 2) (Certificated)

Salons 7 & 8 - Clarion Plaza Hotel (across the street from the Peabody)

transportation between the Peabody and the Clarion Hotel is available

Steven A. Field, MD, MSPH

Thomas E. Bernard, PhD

This session is a summary of the basic to advanced principles dealing with ergonomics and the onset of work related musculoskeletal diseases (WRMSDs). Assessment tools will be taught as will pathophysiology of the WRMSDs. Treatment principles including physical therapy will be touched upon. Students will take from this course an understanding of the basic principles as well as the knowledge in how the various assessment tools are used. Health care people will have a greater understanding of the pathophysiology and treatment protocol. A certificate will be issued upon completion of Parts 1 & 2.

1:00 - 5:00 p.m.

Using Behavioral Analysis As A Safety Improvement Tool (Certificated)

Orlando I - Convention Level, Peabody Hotel

Kenneth H. Jones, PhD

Addressing at-risk behavior means understanding these five elements: What a behavior is (observable act); What triggers a behavior (antecedent); What results from a behavior (consequence); How timing, consistency and significance control a consequence’s effect on behavior; and How we can use this knowledge to prevent at-risk behavior while encouraging safe behavior. Proactive safety management is a process that begins with human behavior. This means identifying, measuring, and improving safety-related behaviors upstream - before accidents happen. It is a process based on measurement, upstream sampling of key variables, and problem solving. An effective safety management process identifies and corrects existing systems that produce the key elements of behavioral analysis, how to use them effectively, and how they fit into a behavior-based safety initiative. A certificate will be issued upon completion of this course.

2:00 - 4:00 p.m.

Update On EPA’s Risk Management Program Rule

Conway Room - Mezzanine Level, Peabody Hotel

Martha Ira

This course will provide information on recent changes to the EPA’s Risk Management Program (RMP) rule, 40 CFR Part 68. It will include a summary of the incorporation of Public Law 106-40 along with any other changes that occur through August, 2000. The course will also include compliance statistics and a summary of enforcement actions that have taken place in Florida. The course will conclude with an outline of actions that RMP covered facilities should take to ensure compliance with this rule.

3:00 - 5:00 p.m.

Fall Protection In The Workplace

Salons 3 & 4 - Clarion Plaza Hotel (across the street from the Peabody)

transportation between the Peabody and the Clarion Hotel is available

Hal Morrow

This session includes a presentation of Fall Protection OSHA Compliance in the Construction and General Industries Standards with a hands-on site demonstration.

7:00 - 5:00 p.m.

Shuttle Bus between the Peabody, Clarion, and Renaissance

8:00 - 11:00 a.m.

Registration and Exhibit Hall Open

Convention Level, Peabody Hotel

10:45 a.m.

Grand Prize Drawing Outside of the Exhibit Hall

9:00 - 12:00 p.m.

Orlando III - Convention Level, Peabody Hotel

What are the Latest Happenings In the Division? The Latest Changes and Technology Developments

Lloyd Harger

9:00 - 9:30 a.m.

Compliance Update... Technological Advances In Information Systems and Partnerships With Other Agencies

Margaret (Micki) Young

Lee Pease

9:30 - 10:00 a.m.

Early Intervention...Is It Working? You Bet It Is!

Lovoria Ofuani

Terry Richardson

10:00 - 10:15 a.m.

Special Disability Trust Fund Report... We’re Still Alive and Well

Cynthia Shaw

10:15 - 10:30 a.m.

EDI...An Update On This Technological Happening

Linda Yon

10:30 - 10:45 a.m.

Break

10:45 - 11:00 a.m.

New Focus In Education..Reaching Out To More of Our Customers

Sissy Nogar

11:00 - 11:15 a.m.

How Are You Doing? Better Than Ever

Fred Becknell

11:15 - 11:30 a.m.

Obligation To Rehire...What’s The Latest?

Reginald Watkins

11:30 - 11:45 a.m.

Technology...Looking To The Future

Ted Altavilla

11:45 - 12:00 p.m.

One Team - Final Comments

Charles Williams

We are well into the new century and the "Age of Technology" is growing even stronger. By utilizing the newest available technology, the Division is proactively engaged in developing a more efficient and streamlined process to serve all the customers and participants within the Florida workers’ compensation system.

9:00 - 12:00 p.m.

Orlando I & II - Convention Level, Peabody Hotel

Brian S. Duffy

John P. Daly

John C. Stivarius, Jr.

Mary L. Wakeman

The workers’ compensation "players" must be aware of the dynamic interplay of Chapter 440 with Federal and State Laws, as well as recent court decisions and trends in related and overlapping areas of the law. Our Employment Practices Program, a standing-room-only success, brings an exciting perspective to these challenging issues facing Florida business. The 2000 program will present you with fast-paced, cutting-edge information with practical suggestions on understanding this ever-increasing complicated area of the law.

The first topic is exclusive remedy and Coverage B. Being dissatisfied with remedies under Chapter 440, personal injury lawsuits are being held against employers and company officials. Will workers’ compensation immunity bar those claims? What does Coverage B really allow? What are the new cases in this area?

The second topic will serve as an employment practices update on the interplay among issues involving the ADA, the FMLA, sexual harassment, Section 440.205 claims and whistleblower claims brought by injured employees.

Finally, the panel will discuss the impact of employee claims upon the workplace and industry. In addition to the economic issues facing insurance companies and employers, employment claims have also caused changes in the workplace that affect how employers and their insurance carriers may deal with employees.

8:45 - 4:15 p.m.

Ballroom E- Convention Level, Peabody Hotel

8:45 - 9:45 a.m.

The Role Of The Adjuster Vs. The Case Manager: Does The Left Hand Know What The Right Hand Is Doing?

Cynthia L. Howard

Merri L. Moats

Maria McCauley

Managed care in workers’ compensation has now had a couple of years to work out some of the "kinks." In this breakout, the panel members will discuss practical problems and solutions in the day to day operation of a Workers’ Compensation Managed Care Arrangement. Although topics will include the setting up of a provider network and making changes in the provider network, it will also concentrate on the role of the PCP and MCC. Most importantly, the relationship between the nurse case manager and the adjuster will be discussed. They must act as a team rather than two separate pieces of the puzzle. Only if that occurs, can the medical portion of the claim remain out of litigation.

9:45 - 10:00 a.m.

Break

10:00 - 12:00 p.m.

Recognizing and Coordinating Catastrophic Injury

Nell Merritt

Panel:

Alan H. Weintraub, MD

Mark J. Ashley, MS, CCC-SLP, CCM

Lorry Woody, RN

Janice K. Gould

This presentation will consist of recognizing and treating catastrophic injuries and how case management is different for catastrophic injuries. A discussion will also take place on how to use a Life Care Plan in adjusting and controlling these very difficult workers’ compensation cases.

12:00 - 1:00 p.m.

Lunch (on your own)

1:00 - 2:00 p.m.

Managed Care Litigation

Joseph T. Farrell

Honorable Richard S. Thompson

Stewart L. Colling

Due to the enthusiastic response to last year’s seminar, this informative breakout returns for the new millennium. The panel members will discuss and debate managed care and litigation issues, from the point of view of the claimant, the employer/carrier and the Judge of Compensation Claims. Topics include the claimant’s rights under managed care, the employer/carrier’s obligations under managed care, discovery uses and abuses, working with the claimant’s attorney, working with the defense attorney, giving testimony by deposition and at the hearing, and controlling litigation. There will also be a case law update on managed care issues.

2:00 - 2:15 p.m.

Break

2:15 - 3:15 p.m.

Quality...Who Cares? What Do The Facts Show About Managed Care Outcomes

Dennis L. Hart, PhD, PT

Using a standardized, national, risk-adjusted, medical rehabilitation outcomes database, outcomes from injured Florida workers receiving workers’ compensation benefits were compared and contrasted to outcomes from the national aggregate benchmark, seven geographic regions representing the entire country, and the six other states in the South Atlantic region. The data provides information from which changes in health care policies can be assessed.

3:15 - 4:15 p.m.

Managed Care Dilemmas

Edward C. Duncan III

Jorge A. Pena

Finally, answers to managed care issues facing all practitioners on a daily basis. Issues will include who gets to choose second opinion physicians, primary care physicians, and "one time change" in treating physicians, and the ramifications of such choices. How the right to choose is affected by whether the treatment is remedial or palliative, whether the claimant is "in the course of treatment" and how selecting the physicians impacts your strategic uses of Independent Medical Examinations.

9:00 - 11:00 a.m.

Room G - Convention Level, Peabody Hotel

Mark Casteel

To be determined after the legislative session

The Florida Legislature will certainly consider changes to the Workers’ Compensation Law, which has been virtually unamended since 1994. The panel will discuss what passed and what did not, as we all turn our attention to the effects of legislative term limits on the field of workers’ compensation. This session is always a major standing room only presentation of the conference made up of persons who really know what is going on in Tallahassee.

8:30 - 11:45 a.m.

Ballroom H - Convention Level, Peabody Hotel

8:30 - 10:15 a.m.

Grace Under Pressure: Customer Service For Adjusters

Bruce Hillman

Karen Flaherty

Adjusters are ever increasingly under more and more pressure in the area of customer service. Case management loads are immense. How do adjusters "continue to care?" Karen Flaherty, a "guru" in the property and casualty customer service area, shares her thoughts on stress management and customer service for adjusters.

10:30 - 11:45 a.m.

Time Is Money: Time Management For Professionals

Bruce Hillman

Kevin M. Quinley, CPCU, ARM, AIC, AIM, Re

Time management is a crucial issue in the e-era. Kevin Quinley, author of several books and a frequent contributor to industry periodicals, provides crucial guidance in the area of making the most effective use of the valuable asset, time.