55th Annual Florida Workers' Compensation
Registration and Exhibit Hall Setup Florida Medical Association Workers’ Compensation Education: A Practical Course HealthCare Provider Certification Course E. Earl Zehmer Moot Court Preliminary Rounds
Registration and Exhibit Hall Open E. Earl Zehmer Moot Court Finals Breakout on District Court of Appeal Breakout for Health Care Providers Workers’ Compensation on The National Scene
Registration and Exhibit Hall Open Breakout for Adjusters, Program One Breakout for Adjusters, Program Two Breakout for Paralegals and Support Staff Breakout for Medical Case Managers/Rehabilitation Providers Breakout on Employee Leasing (Professional Employer Organizations) Workers’ Compensation on The National Scene
Registration and Exhibit Hall Open Division of Workers' Compensation Breakout Breakout on Employment Practices Breakout on Medical and Managed Care Issues Workers’ Compensation on The National Scene
8:00 - 5:00 p.m. Salon 3 - Clarion Plaza Hotel (across the street from the Peabody)
Joseph A. LeBlanc, CSP, OHST SRS Safety Workshops Titusville, FL
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.
Registration for this 3-day ASP course, which includes the conference registration is $600.00. Registration for the 3-day ASP course only is $549.00. See the separate registration flyer for this course which is included in this packet. Pre-Registration is required.
8:00 - 5:00 p.m. Salon 4 - Clarion Plaza Hotel (across the street from the Peabody)
Marvin L. Becker, P.E., CSP, OHST SRS Safety Workshops Titusville, FL
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.
Registration for this 3-day CSP course, which includes the conference registration is $600.00. Registration for the 3-day CSP course only is $549.00. See the separate registration flyer for this course which is included in this packet. Pre-Registration is required.
September 23
8:00 - 5:00 p.m. Salon 3 - Clarion Plaza Hotel (across the street from the Peabody)
Joseph A. LeBlanc, CSP, OHST SRS Safety Workshops Titusville, FL
8:00 - 5:00 p.m. Salon 4 - Clarion Plaza Hotel (across the street from the Peabody)
Marvin L. Becker, PE, CSP, OHST SRS Safety Workshops Titusville, FL
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. Convention Level, Peabody Hotel
1:00 - 6:00 p.m. 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.
Registration for this course is $175.00 for conference registrants and/or FMA members, and $195.00 for those attending this course only. See the separate registration flyer for this course, which is included in this packet.
8:00 - 5:00 p.m. 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. 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.
Registration for this course is $225.00 for conference registrants, and $300.00 for those attending this course only. See the separate registration flyer for this course, which is included in this packet.
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. Rooms E, F, G & H - Convention Level, Peabody Hotel
James N. McConnaughhay General Chairman Tallahassee, FL
Steven A. Rissman Program Chairman Orlando, FL
9:15 - 9:30 a.m. FWCI Scholarship Presentation and Other Awards Rooms E, F, G & H - Convention Level, Peabody Hotel
J. David Parrish Attorney Orlando, FL
Gerald A. Rosenthal Attorney West Palm Beach, FL
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 OSHA Regional Administrator Atlanta Federal Center Atlanta, GA
Lee Weaver Bureau of Safety Tallahassee, FL
10:00 - 10:30 a.m. Administrative Workers’ Compensation Perspectives and Division Awards Rooms E, F, G & H - Convention Level, Peabody Hotel
Charles Williams Director Division of Workers’ Compensation Tallahassee, FL
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
Organizers: Jana E. McConnaughhay Attorney Tallahassee, FL
Barbara B. Wagner Attorney Deerfield Beach, FL
Richard A. Sicking Attorney Miami, FL
Judged by First District Court of Appeal 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. Rooms E, F, G & H - Convention Level, Peabody Hotel
Moderator: H. George Kagan Attorney West Palm Beach, FL
Panel: M. Kemmerly Thomas Attorney Tallahassee, FL
Thomas H. McDonald Attorney Orlando, FL
Deanna L. Parrish Attorney Orlando, FL
Paula F. Kelley Attorney Fort Myers, FL
David J. Weissman Attorney West Palm Beach, FL
Thomas D. Hall Senior Career Attorney First District Court of Appeal Tallahassee, FL
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.
Breakout on District Court of Appeal
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 Clerk of the Court First District Court of Appeal Tallahassee, FL
Thomas D. Hall Senior Career Attorney First District Court of Appeal Tallahassee, FL
Donna Gebhart Appellate Mediator First District Court of Appeal Tallahassee, FL
3:00 - 5:00 p.m. View From the Court Including Questions and Answers
Panel: Honorable Edward T. Barfield Chief Judge First District Court of Appeal Tallahassee, FL
Honorable William Van Nortwick, Jr. First District Court of Appeal Tallahassee, FL
Honorable Peter D. Webster First District Court of Appeal Tallahassee, FL
Honorable Marguerite H. Davis First District Court of Appeal Tallahassee, FL
Honorable Michael E. Allen First District Court of Appeal Tallahassee, FL
Health Care Providers
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 President ConservCare, Inc. Orlando, FL
1:30 - 2:30 p.m. Evidence-Based Medical Dispute Resolution, Critical Appraisal Applied To Workers’ Compensation
Tee Lamont Guidotti, MD, MPH Chair, Department of Environmental and Occupational Health, School of Public Health and Health Services George Washington University Washington, DC
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 Director of Professional Services PharMerica/PMSI Tampa, FL
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 Medical Director Disability Assessment Center, P.A. Miami, FL
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
Moderator: Sam Friedman Editor National Underwriter P&C/Risk & Benefits Management Edition Hoboken, NJ
Panel: Tom Duffy Executive VP & Senior Financial Officer, Commercial Insurance Division CNA Chicago, IL
Paul Ramont Vice President, Workers Compensation Underwriting & Product Management Travelers Property Casualty Hartford, CT
D.W. (Bill) Schrempf President & CEO National Council on Compensation Insurance (NCCI), Inc. Boca Raton, FL
James Roberts (Invited) President, Special Workers Comp Division American International Group Patterson, NJ
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
Moderator: Sam Friedman Editor National Underwriter P&C/Risk & Benefits Management Edition Hoboken, NJ
Panel: Charles Jeffress (Invited) Assistant Secretary of Labor, OSHA Washington, DC
Eric Oxfeld President UWC - Strategic Services on Unemployment & Workers’ Compensation Washington, DC
Invited Representative International Brotherhood of Teamsters Washington, DC
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.
Workplace Safety
1:00 - 3:00 p.m. Crane Inspection & Certification Fairview Room - Mezzanine Level, Peabody Hotel
Joe Crispell North American Crane Bureau Altamonte Springs, FL
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 Total Compliance Network Lauderhill, FL
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 University of South Florida Tampa, FL
Thomas E. Bernard, PhD University of South Florida Tampa, FL
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 Staff Leasing Deland, FL
Darby Brown, PSM Staff Leasing Deland, FL
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 BPS Equipment Rental & Sales Jacksonville, FL
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 Morrow & Associates, Inc. Jacksonville, FL
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. Front of the Peabody Hotel - casual dress
Battle of the Bands: Lisa Z and Funhouse Fat Ammons
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
Breakout for Adjusters, Program One
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 Jewett Center for Surgery and Rehabilitation of the Hand Orlando, FL
Kimberly Gibson, PT CHT Orlando Regional Rehab Services Orlando, FL
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
Moderator: Jeffrey A. Taylor CompCare Consulting, Inc. Sarasota, FL
Panel: Vicki Koch Liberty Mutual Insurance Company Tampa, FL
Sylvia Scremin-Pace Travelers Insurance Company Ft. Lauderdale, FL
Charlie Greene Stirling Cooke Insurance Company Sarasota, FL
Cynthia Cegan FCCI Mutual Insurance Company Sarasota, FL
Scott H. Silver Attorney Ft. Lauderdale, FL
Steven A. Rosen Attorney Tampa, FL
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 Attorney Orlando, FL
Russell Warm Zurich American Insurance Company Orlando, FL
Nancy Amee Summit Consulting, Inc./Claims Center Lakeland, FL
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 Director of the Florida Bar’s Center for Professionalism Tallahassee, FL
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?
Moderator and Panelist: Jamey S. Rodgers Attorney Altamonte Springs, FL
Gerald A. Rosenthal Attorney West Palm Beach, FL
Frances Ford Director of Claims The Zenith Sarasota, FL
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.
Breakout for Adjusters, Program Two
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 Attorney Gainesville, FL
Bruce Berkowitz, MD Orthopaedic Center of South Florida Plantation, FL
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
Moderator: Jeffrey M. Friedman Attorney Fort Myers, FL
Panel: David A. Spain Attorney Orlando, FL
Allison McGarry RSKCo Maitland, FL
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 PBOA, Inc. Sarasota, FL
John P. Daly Attorney Orlando, FL
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
Moderator: Eric J. Stiffler Attorney Fort Myers, FL
Panel: Honorable Douglas Brown Judge of Compensation Claims Panama City, FL
Honorable Juan A. Bello Judge of Compensation Claims West Palm Beach, FL
Honorable Judith A. Brechner Judge of Compensation Claims Ft. Lauderdale, FL
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?
Moderator: Theodore M. Johns Attorney Jacksonville, FL
Panel: Patty Sikes Sea World of Florida, Inc. Orlando, FL
Larry Levine Interbond Corporation of America Hollywood, FL
Steve Kesselring RSKCo Maitland, FL
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
Moderator: Alan B. Garfinkel Attorney Orlando, FL
Panel: Seliena Kromash Attorney Tampa, FL
Dianne Heidel Adjuster DeLand, FL
K. C. Gutman Adjuster Oviedo, FL
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 Attorney West Palm Beach, FL
9:30 - 11:15 a.m. Strategy Session: Hot Topics
Moderator: Robert L. Bamdas Attorney West Palm Beach, FL
Panel: Ramon Malca Attorney Miami, FL
Steven P. Kronenberg Attorney Miami Lakes, FL
Barry M. Salzman Attorney St. Petersburg, FL
Warren K. Sponsler Attorney Tampa, FL
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
Moderator: John G. Tomlinson, Jr. Mediator and former Judge of Compensation Claims Miami, FL
Panel: Honorable Melanie C. Jacobson Judge of Compensation Claims West Palm Beach, FL
Honorable John J. Lazzara Judge of Compensation Claims Tallahassee, FL
Honorable Robert C. McAliley Judge of Compensation Claims Port St. Lucie, FL
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
Moderator: Howard Scheiner Mediator and former Judge of Compensation Claims West Palm Beach, FL
Panel: David C. Barnett Attorney |