Friday, August 17
Saturday, August 18
Sunday, August 19 E. Earl Zehmer Moot Court Preliminary Rounds
Monday, August 20 E. Earl Zehmer Moot Court Finals Division of Workers' Compensation Super Council Meeting Breakout on District Court of Appeal Breakout for Health Care Providers Workers' Compensation on The National Scene
Tuesday, August 21 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
Wednesday, August 22 Division of Workers' Compensation Breakout Breakout on Employment Practices Breakout on Medical and Managed Care Issues Workers' Compensation on The National Scene Agency for Health Care Administration Breakout
Friday, August 17 8:00 - 5:00 pm Hall of Cities - Miami Convention Level
Jill Lozis 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. Pre-Registration is required. Registration begins at 7:30 a.m.
8:00 - 5:00 pm Hall of Cities - Tampa Convention Level
Joe LeBlanc 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. Pre-Registration is required. Registration begins at 7:30 a.m.
Saturday, August 18 8:00 - 5:00 pm Hall of Cities - Miami Convention Level
Jill Lozis SRS Safety Workshops Titusville, FL
8:00 - 5:00 pm Hall of Cities - Tampa Convention Level
Joe LeBlanc SRS Safety Workshops Titusville, FL
Sunday, August 19
7:30 – 8:00 am Late Registration for Golf Tournament Hawks Landing Golf Club at The Marriott World Center - Cart Staging Area (Registration for those not pre-registered, if space available)
8:00 – 1:00 pm Hawks Landing Golf Club at The Marriott World Center
12:00 – 6:00 pm Crystal Ballrooms A - Q Convention Level
12:00 – 9:00 pm Shuttle Bus between The Marriott World Center, Fairfield Inn, Springhill Suites and Marriott Courtyard (Boarding Convention Entrance Marriott World Center & Front Entrance between Fairfield & Springhill Suites at Marriott illage)
2:00 – 5:00 pm Grand Registration Convention Level
8:00 - 5:00 pm Hall of Cities - Miami Convention Level
Jill Lozis SRS Safety Workshops Titusville, FL
8:00 - 5:00 pm Hall of Cities - Tampa Convention Level
Joe LeBlanc SRS Safety Workshops Titusville, FL
2:00 – 5:00 pm E. Earl Zehmer Moot Court Preliminary Rounds Hall of Cities - Boston & Atlanta, Grand Ballrooms I - VI Convention Level
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: Jacqueline L. Blanton Attorney Sarasota, FL
Barbara B. Wagner Attorney Fort Lauderdale, FL
Richard A. Sicking Attorney Miami, FL
Monday, August 20
7:00 – 1:00 am Shuttle Bus between The Marriott World Center, Fairfield Inn, Springhill Suites and Marriott Courtyard (Boarding Convention Entrance Marriott World Center & Front Entrance between Fairfield & Springhill Suites at Marriott Village)
8:00 – 5:00 pm Grand Registration Area Convention Level
9:00 – 9:15 am Palms Ballrooms - Sago, Sabal, Royal & Canary Convention Level
James N. McConnaughhay General Chairman Tallahassee, FL
Steven A. Rissman Program Chairman Orlando, FL
9:15 – 9:30 am FWCI Scholarship Presentation Palms Ballrooms - Sago, Sabal, Royal & Canary Convention Level
J. David Parrish Attorney Orlando, FL
Gerald A. Rosenthal Attorney West Palm Beach, FL
9:30 – 10:00 am Workers’ Compensation Administrative Perspectives Palms Ballrooms - Sago, Sabal, Royal & Canary Convention Level
Tom Gallagher (invited) Treasurer, Insurance Commissioner and Fire Marshall Tallahassee, FL
10:00 – 10:30 am Workers’ Compensation Administrative Perspectives and Division Awards Palms Ballrooms - Sago, Sabal, Royal & Canary Convention Level
Charles Williams Director Division of Workers’ Compensation Tallahassee, FL
10:30 – 11:30 am Keynote Speaker: Mark Russell Political Humorist Palms Ballrooms - Sago, Sabal, Royal & Canary Convention Level
11:30 – 5:00 pm Crystal Ballrooms A-Q Convention Level
11:30 – 1:30 pm Lunch (on your own)
1:30 – 2:30 pm E. Earl Zehmer Moot Court Finals Grand Ballroom IX Convention Level
Organizers: Jacqueline L. Blanton Attorney Sarasota, FL
Barbara B. Wagner Attorney Fort Lauderdale, FL
Richard A. Sicking Attorney Miami, FL
Judged by First District Court of Appeal Honorable Michael E. Allen Honorable Marguerite H. Davis Honorable Edwin B. Browning, Jr.
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.
1:00 – 5:00 pm Division of Workers’ Compensation Super Council Meeting Hall of Cities - New York & New Orleans Convention Level
All members of the Division’s Customer Council will meet jointly to share the activities of each of the advisory committees. Chairs from the individual committees will provide reports to all members on their activities. In addition, updates will be provided on how the changes as a result of the 2001 Legislative Session in Chapter 440 are being implemented. The public is invited."
2:30 – 2:45 pm Break
2:45 – 5:00 pm Grand Ballrooms VII & VIII Convention Level
Moderator: H. George Kagan Attorney West Palm Beach, FL
Panel: M. Kemmerly Thomas Attorney Tallahassee, FL
Raymond A. Lopez Attorney Orlando, FL
Geoffrey Bichler Attorney Orlando, FL
J. Eric Stiffler Attorney Fort Myers, FL
David J. Weissman Attorney West Palm Beach, FL
Case Law Update is one of the most important portions and the best attended program of the Worker’s 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 courts and the law is also given, with emphasis on the practical application of the case law in the handling of a workers’ compensation claim. This is a must attend presentation.
1:00 – 5:00 pm Grand Ballrooms XI & XII Convention Level
Moderator: Frank Catapano President North Central RIMS Volusia County Risk Management Deland, FL
1:00 – 2:30 pm WC Medical & Managed Care: Are the Performance Metrics There?
Christopher E. Mandel, CPCU, ARM AVP Enterprise Risk Management USAA, Enterprise Risk Management Group San Antonio, TX
Broadly defined managed care models have been applied in many businesses with varying degrees of success and in some cases, outright failure. It’s time to make sure the model used is worth the cost and having the impact needed to control increases in medical costs. This session will review the experience of Tricon Global Restaurants in this realm and explain the problems discovered and the solutions applied.
2:30 – 3:40 pm Corporate Safety Audit Records – Landmines in the Corporate Landscape?
Charles A. Ayers Manager of Workers’ Compensation and OSHA Standards Walter Industries, Inc. Tampa, FL
In today’s litigious society, corporate records are frequently sought during the discovery process. Almost all corporations receive "audit/inspection" reports from their insurance carriers and consultants. How does one work with these reports to ensure a safer work environment while at the same time avoiding discovery? What are the methods to protect the confidentiality of your safety records?
3:40 – 5:00 pm Post Injury Employer Considerations
W. Michael McDonald Director of Risk Management Walter Industries, Inc. Tampa, FL
As a result of shrinking profit margins and increased competition, Human Resources are stretched thin in today’s environment. When an employer loses a worker due to an occupational injury, what are its considerations as he attempts to maintain productivity? This presentation will explore Hiring, Rehabilitation and Termination practices.
Breakout on District Court of Appeal
2:00 – 5:00 pm Grand Ballrooms XIII & XIV Convention Level
The First District Court of Appeal, The Supreme Court, and their administrative staff give attendees a view from the bench. The Clerk of the Florida Supreme Court, Thomas D. Hall, and the Clerk of the Florida First District Court of Appeal, Jon S. Wheeler, will present an overview of the courts, discussing filings, numbers of cases, panels and case loads. These individuals will also discuss a topic called "Twenty of the Most Common Errors in Cases Presented to the Courts." 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. A question and answer session will follow. This promises to be one of the highlights of the convention.
2:00 – 3:00 pm Overview of the Court
Thomas D. Hall Clerk of the Court Supreme Court of Florida Tallahassee, FL
Jon S. Wheeler Clerk of the Court First District Court of Appeal Tallahassee, FL
Donna Riselli Chief Mediation Officer First District Court of Appeal Tallahassee, FL
3:00 – 5:00 pm View from the Court Including Questions and Answers
Panel: Honorable Michael E. Allen First District Court of Appeal Tallahassee, FL
Honorable Marguerite H. Davis First District Court of Appeal Tallahassee, FL
Honorable Edwin B. Browning, Jr. First District Court of Appeal Tallahassee, FL
Breakout for Healthcare Providers 1:00 – 5:30 pm Grand Ballrooms II & III Convention Level
1:00 – 1:05 pm Welcome and Introductions
Richard Dolsey, MD Physicians Health Centers Miami, FL
Michele Lester President ConservCare, Inc. Orlando, FL
1:05 – 2:35 pm Becoming an Expert Witness
Nancy L. Cavey Attorney St. Petersburg, FL
Dorothy Clay Sims Attorney Ocala, FL
This session will assist physicians in increasing their effectiveness as expert witnesses. In addition to receiving practical advice on how to prepare for a deposition and how to handle difficult depositions, the presentation will include information on the Florida Rules of Civil Procedure and the Florida Rules of Workers’ Compensation Procedure pertaining to discovery. The format for the session will be a series of role-plays, with physicians from the audience as participants who will be "grilled on the stand".
2:35 – 4:00 pm System Disconnects
Moderator: Bruce Lester President Capitol Claims Adjusting Services of Florida Orlando, FL
Panel: Richard Dolsey, MD Physicians Health Center Miami, FL
Oregon Hunter, MD Rehabilitation Medicine Associates Ocala, FL
Nat Levine Vice President Family Practice Center West Palm Beach, FL
Connie Beberwick Claims Supervisor Insurance Management Solutions Group St. Petersburg, FL
Andrea Dechtler Rehabilitation Consultant/Case Manager CNA/RSKCo Coral Springs, FL
Josh Shannon Field Case Manager Kemper National Services Tampa, FL
Connie Burgen Director of Marketing ConservCare Orlando, FL
In theory, all parties in the workers’ compensation system (the injured worker, the employer, the physician, healthcare providers, the adjuster, and the case manager) work together. The physician and the other healthcare providers deliver the medical care, the adjuster insures that the injured worker receives all benefits to which he is entitled and the case manager coordinates the necessary medical care. However, often the reality is far different. Through a series of skits, typical situations faced every day will be acted out. A panel discussion will follow to discuss 1) what went wrong, 2) why it went wrong, and 3) possible solutions.
4:00 – 5:30 pm Florida Fee Schedule Panel...Medical Reimbursement..."The Provider, The Payor, The Patient" Speakers: Claude Revels Corporate Safety Director JM Family Enterprises, Inc. Jacksonville, FL
Rick Shutes CEO GNR Health Systems and Strive Physical Therapy Centers Ocala, FL
Linda Knopf Consultant Information Systems of Florida, Inc. Tallahassee, FL
This session is a panel presentation on the status of workers’ compensation medical reimbursement and the issues surrounding the costs to the system. The concept of a market driven reimbursement system may be more than some bargained for. Once the Jeannie is out of the bottle...it may take more than one wish to put him back.
Workers’ Compensation on The National Scene
1:30 – 4:30 pm Grand Ballrooms IV, V & VI Convention Level
1:30 – 3:15 pm Ergonomics in the Workplace
Moderator: Sam Friedman Editor-in-Chief National Underwriter P&C/Risk & Benefits Management Edition Hoboken, NJ
Panel: Daniel R. Miller Vice President Aon Consulting Somerset, NJ
Eric Oxfeld President, UWC – Strategic Services on Unemployment & Workers’ Compensation Washington, DC
The fact that Congress and President Bush killed OSHA’s controversial ergonomics regulations this past March just months after they had been promulgated doesn’t mean risk managers and workers’ compensation insurers are off the hook. Independent studies show that musculoskeletal disorders and repetitive stress injuries on the job cost employers and insurers tens of billions annually. What role, if any, should the government play in helping companies prevent these painful injuries? What must employers and workers’ comp carriers do? This session will bring together experts from the private sector and OSHA in what promises to be a lively debate over the causes of and solutions to the ergonomic challenges we face.
3:15 – 3:30 pm Break
3:30 – 4:30 pm The Latest Positions on Privacy Issues in Healthcare
Moderator: Sam Friedman Editor-in-Chief National Underwriter P&C/Risk & Benefits Management Edition Hoboken, NJ
Panel: Bruce Wood Assistant General Counsel American Insurance Association (AIA) Washington, DC
Eric Oxfeld President, UWC – Strategic Services on Unemployment & Workers’ Compensation Washington, DC
The implications of how privacy issues affect healthcare providers, employees, insurers, and employers in handling workers’ compensation claims will be discussed in this breakout. This session explores the Patients’ Bill of Rights, privacy concerns for workers’ compensation insurers and self-insured employers, and how privacy affects integrated benefits programs.
1:00 – 3:00 pm An Update on the Florida Partnership for Safety and Health (FPSH) - How the FPSH Can Help with Public Sector Safety and Health Training Hall of Cities - Boston, Atlanta & Anaheim Convention Level
Stephen McGinn Risk Control Manager League of Cities, Inc. Chair of the Board of Directors for FPSH Orlando, FL
Charlene Vespi Associate Director USF Consultation Program Vice-President of the FPSH Tampa, FL
This session will discuss the not for profit corporation that was formed shortly before the Florida Division of Safety was abolished in order to continue to provide public sector employers and employees with safety and health resources. The Florida Partnership for Safety and Health (FPSH) was formed by a group of public sector employees in partnership with the Florida League of Cities, private sector insurance carriers, and numerous other people who were concerned about public employee safety and health issues, and who wanted to see some type of safety and health resource made available for Public Sector risk managers, employees, and employers. The mission of the FPSH is to provide a forum for public sector employees regarding safety and health issues in the State of Florida; and to provide lost cost training in the form of workshops and seminars to public sector employees. This year the FPSH will sponsor more than 60 workshops throughout Florida. The FPSH accepts members from any public sector organization.
1:00 – 3:00 pm Avoiding Violence in the Workplace Grand Ballroom X Convention Level
Paul Michael Viollis, Sr. President & CEO Corporate Risk Consulting, Inc. Melbourne, FL
This workshop will assist you in how to identify potential workplace violence and how to address this concern through a ten-step program. Policy formulation and implementation are discussed.
1:00 – 5:00 pm Confined Space Entry in a Nutshell, Part 1 of 2 Grand Ballroom I Convention Level
Steve Johnson President Safety Training and Consulting Services, Inc. (STACS) Ontario, Canada
This is a presentation introducing the hazards of working in confined spaces, along with the controls necessary to eliminate or minimize risks. It includes a basic regulatory review in order to achieve compliance.
1:00 – 5:00 pm Crane Safety and the Professional Hall of Cities - San Francisco Convention Level
Christopher Smith President Crane Lift & Equipment Associates, Inc. Seminole, FL
This course will discuss safe crane operations and what you need to know. This session will also cover both Professional and Certified crane operators and inspection requirements, and include an actual hands-on inspection of a crane.
3:00 – 3:15 pm Break
3:15 – 5:15 pm Before Conflict Grand Ballroom X Convention Level
John D. Byrnes President Center for Aggression Management Winter Park, FL
This workshop addresses methods to prevent aggression in the workplace from happening in the first place. You will learn to identify the emergencies of aggression and methods to prevent conflict.
3:15 – 5:15 pm How You Can Develop an Effective Workplace Safety and Health Program Using the Resources of the University of South Florida’s Private Sector Consultation Program Hall of Cities - Boston, Atlanta & Anaheim Convention Level
Robert Nesbit Assistant Director University of South Florida’s Consultation Program Longwood, FL
This session will cover the resources that the University of South Florida’s Consultation Program makes available to Private Sector Employers. This presentation will discuss the effort that is being made to identify and help employers with higher than average work place injuries. It covers the extensive list of safety and health topics that are available to private sector employers to use in developing their own safety and health programs. This topic will also cover the assistance that our consultants can provide to employers who are experiencing safety and health programs. Time will be left at the end of the session to hear from the small business owners. We would like to know what they want to see us do to be of even more assistance to them. ___________________________________________________________________
7:00 – 11:00 pm Palms Ballrooms - Sago, Sabal, Royal & Canary Convention Level Cocktail Attire Suggested
Featured Entertainment: Hall & Oates
Opening Act: Snapshot
Tuesday, August 21
7:00 – 9:00 pm Shuttle Bus between The Marriott World Center, Fairfield Inn, Springhill Suites and Marriott Courtyard (Boarding Convention Entrance Marriott World Center & Front Entrance between Fairfield & Springhill Suites at Marriott Village)
8:00 – 5:00 pm Grand Registration Convention Level
8:00 – 5:00 pm Crystal Ballrooms A-Q Convention Level
Program One
8:45 – 4:15 pm Grand Ballroom VII Convention Level
8:45 – 9:45 am The Analysis of Psychological Injury Claims
Peter B. Silvain, PhD MEDPsych Corporation Palm Coast, FL
Introduced by: Marsha Hopkins The Hartford Insurance Company Maitland, FL
Claims of depression, chronic pain syndrome and other cases of psychiatric and psychological injury cost the casualty industry hundreds of millions of dollars annually. These are complex cases which present a challenge for claim professionals. This session will provide important steps in the management of a psychological injury claim. What clear and convincing evidence is necessary to insure a successful defense? What is essential for medically necessary psychiatric treatment? This session will present the adjuster with useful information for handling psychological injury claims.
9:45 – 10:00 am Break
10:00 – 12:00 pm Issues and Answers: Hot Topics
Moderator: Jeffrey A. Taylor Taylor Insurance Consulting Sarasota, FL
Panel: Tammy Worthington CGU Maitland, FL
Nancy Amee Summitt Consulting, Inc./Claims Center Lakeland, FL
Dawn Titus Sedgwick of Florida, Inc. Lake Mary, FL
Charlie Greene Stirling Cooke Insurance Services, Inc. Sarasota, FL
Scott H. Silver Attorney Ft. Lauderdale, FL
David Parrish Attorney Orlando, FL
As always, this should be a very lively presentation. All of the claims professionals on this 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 several areas of the law. Moderator, Jeff Taylor, will be your guide. Among the topics discussed will be settlements, re-employment, vocational rehabilitation, social security offsets and mediations.
12:00 – 1:00 pm Lunch (on your own)
1:00 – 2:00 pm Adjuster Ethics: The Ultimate Adjuster Conflict
James F. Kidd Attorney Orlando, FL
Bernadette Przysiecki Claims Manager ADP-TotalSource Alpharetta, GA
This course will provide credit toward the mandatory topic of ethics for adjusters. The focus of the panel will be to examine, analyze and provide guidance to adjusters concerning the potential ethical dilemmas and conflicts which arise from employers and/or self-insureds increased involvement and attempted control in the handling of claims. The panel will outline specific examples of ethical questions and concerns raised when the employer attempts to dictate decisions on compensability, drug free work place denials, suspension of benefits for voluntary limitation of income and settlements.
2:00 – 2:15 pm Break
2:15 – 3:15 pm Defending a Permanent Total Claim
Moderator: Robert L. Bamdas Attorney West Palm Beach, FL
Panel: Penny Kaiser CNA Commercial Insurance Claims Maitland, FL
Gerald A. Rosenthal Attorney West Palm Beach, FL
This presentation will blend law and tactics. It will focus on the factors that adjusters and attorneys need to consider when determining whether to defend a permanent total claim or try to settle it. How does the claimant fare under the listings and grids? Do you need a vocational expert to testify? What happens if the claimant qualifies for social security disability – does that mean that he is automatically qualified for workers’ compensation permanent total disability? If the employer offers the claimant a job, are the listings and grids even considered?
3:15 – 4:15 pm The New Statewide Uniform Practices and Procedures – What Every Adjuster Needs to Know About the New Rules
Honorable John J. Lazzara Judge of Compensation Claims Tallahassee, FL
Martin L. Leibowitz Attorney Jacksonville, FL
This panel will explore various issues, from an adjuster’s perspective, surrounding the recently enacted Statewide Uniform Practices and Procedures (UPP’s) adopted by the office of the Judges of Compensation Claims. Which sections of the UPP are of concern to adjusters? How does the adjuster maintain continuity between the day to day adjusting of a file and the requirements of the new UPP’s? Do you understand all that these new procedures mean to you as an adjuster? How do the UPP’s affect the relationship between the adjuster and defense counsel? How may an adjuster assist defense counsel in meeting some of the UPP’s timeline requirements? Discover the perspectives of a Judge of Compensation Claims, who was one of the original drafting committee members, and a defense attorney with respect to these new UPP’s. This is a discussion you can’t afford to miss.
Program Two
8:45 – 4:15 pm Grand Ballroom VIII Convention Level
8:45 – 9:45 am Joint Injuries: Knees and Shoulders
Robert C. Palumbo, M.D. Celebration Orthopaedic Sports & Medicine Institute Celebration, FL
Robert C. Hand Attorney Orlando, FL
Introduced by: Marilyn Roofner, PT Director of Outpatient Rehabilitation Services Orlando Regional Rehabilitation Services Orlando, FL
This course will address injuries that occur to the knee and shoulder. Basic anatomy and the differences between the various types of injuries associated with each joint will be discussed. The potential for rehabilitation and the most common operative and non-operative techniques of treatment will also be discussed. Pitfalls of misdiagnosis, the delay of treatment and how this relates to the injured worker will be areas of concentration.
9:45 – 10:00 am Break
10:00 – 12:00 pm Questions You Always Wanted to Ask the Judge of Compensation Claims About Attorney’s Fees
Moderator: Robert Keeter Attorney Gainesville, FL
Panel: Honorable Jonathan D. Ohlman Judge of Compensation Claims Gainesville, FL
Honorable Daniel A. Lewis Judge of Compensation Claims Ft. Lauderdale, FL
Honorable Shelly Punancy Judge of Compensation Claims West Palm Beach, FL
David Spain Attorney Orlando, FL
What does a Judge consider when setting an attorney’s fee for a claimant’s attorney? When is a guideline fee not enough? When is a guideline fee too much? And, of course, the biggest controversy pertaining to attorneys’ fees has to do with "side stips" based upon hourly fees. These panelists will conduct a forthright discussion on the role and responsibility of a Judge of Compensation Claims in setting attorneys’ fees generally and hourly fees for resolution of issues specifically.
12:00 – 1:00 pm Lunch (on your own)
1:00 – 2:00 pm Cases an Adjuster Needs to Know
Holly A. Davis Attorney Fort Myers, FL
K. C. Gutman Insurance Office Of America Altamonte Springs, FL
Teresa Campbell-Frigge Summit Consulting, Inc./Claims Center Lakeland, FL
Over the years at this convention, we have held "case law updates" annually. This topic is the "anti-case law update". Instead, the panel will discuss only those specific cases that are critical to the adjuster. By analyzing the impact these cases have on your files, you can get the upper hand on issues before they explode. Topics include: 104 weeks of temporary benefits and what happens next; how to really determine when the statute of limitations has run; what "major contributing cause" really means; and how to make sure you are following the case law on managed care when you are busy responding to petitions for benefits and motions for independent medical evaluations. Not only will this panel discuss the law, they will give practical advise.
2:00 – 2:15 pm Break
2:15 – 3:15 pm Ethics: Aggressive Claim Handling
Moderator: Scott H. Silver Attorney Ft. Lauderdale, FL
Panel: Cindy Gaul FCCI Mutual Insurance Company Sarasota, FL
Chuck Bard RSKCo Maitland, FL
This is not your basic adjuster ethics course. Instead, we focus on the "real world" problems an adjuster faces when they aggressively try to handle their files. Too often mean-spirited claim handling is confused with aggressive claim handling. Learn to walk that fine line between aggressive claim handling and slipping over the edge into unethical behavior.
3:15 – 4:15 pm Preparing a Fraud Case
Robert Rodriguez Attorney Coral Gables, FL
Vicki Koch Liberty Mutual Insurance Company Tampa, FL
Everyone talks about fraud, but does anyone do anything about it? This is a strategy and tactical discussion of how to deal with fraud in a workers’ compensation case. In other words, when you catch a claimant committing fraud, do you want to use that information to defeat his claim and/or settle his case for far less money than it was originally worth, or do you want to prosecute the claimant to make an example out of him? Or, do you do both? Both of these alternatives will be thoroughly discussed, as well as what you need to do, as an adjuster, to prepare a case that is being sent to a state attorney to prosecute. Once you complete this course, you can do more than simply talk about fraud.
8:15 – 9:15 am Alumni Breakfasts
Florida State University, College of Law Florida Ballroom - Marco Island
University of Florida, College of Law Florida Ballroom - Sawgrass
University of Miami, College of Law Florida Ballroom - Harbor Beach ______________________________________________________________ 9:30 – 4:15 pm Palms Ballroom - Royal Convention Level
Program Moderator: Jeffrey I. Jacobs Attorney Miami, FL
9:30 – 11:15 am Strategy Session: Hot Topics
Moderator: Honorable Richard S. Thompson Judge of Compensation Claims Orlando, FL
Panel: R. Cory Schnepper Attorney Miami, FL
Steven P. Kronenberg Attorney Miami Lakes, FL
Peter C. Burkert Attorney Fort Myers, FL
Paul L. Westcott Attorney Fort Pierce, FL
Innovative techniques, new trends, and recent case decisions that impact the prosecution and defense of workers’ compensation claims will be the subject of this panel. Hot topics will include major contributing cause, permanent total disability and evidentiary concerns.
11:15 – 12:15 pm Practice Perspectives
Moderator: Thomas E. Glick Mediator Miami, FL
Panel: Honorable John J. Lazzara Judge of Compensation Claims Tallahassee, FL
Howard Scheiner Mediator and former Judge of Compensation Claims West Palm Beach, FL
Honorable Michael J. DeMarko Judge of Compensation Claims Pensacola, FL
This panel will address the effective presentation of workers’ compensation claims and defenses from a judicial perspective. The panel will explore topics from controversial trends to the effect of new rules.
12:15 – 2:15 pm Lunch (on your own)
2:15 – 4:15 pm Ethics and Professionalism
Moderator: Honorable Gerardo Castiello Judge of Compensation Claims Miami, FL
Panel: Vincent A. Lloyd Attorney Fort Pierce, FL
Stuart F. Suskin Mediator Gainesville, FL
Tuwana J. McMillan Attorney Orlando, FL
Douglas W. Barnes Attorney Miami Lakes, FL
This session will discuss practical ethical dilemmas impacting the practice of workers’ compensation law and professional conduct in the course of litigation.
Breakout for Paralegals and Support Staff
9:00 – 12:30 pm Grand Ballrooms XII, XIII & XIV Convention Level
Program Moderator: Debbie Scott Legal Assistant Orlando, FL
9:00 – 10:00 am Independent Medical Examinations (IME) and Expert Medical Advisors (EMA) Timothy R. Whitney Attorney Panama City, FL
James D. DiLorenzo Attorney Ocala, FL
The subject of this panel remains one of the most controversial areas of the law. Everyone asks for an independent medical evaluation in virtually every claim. Is the claimant entitled to multiple independent medical evaluations in different specialties? Can the claimant schedule his own independent medical evaluation? What if the independent medical evaluator wants to treat – is that allowed? Can the claimant declare his unauthorized doctor an independent medical evaluator? Many cases have come out in the last year or two on this subject, but are they consistent? If a defense lawyer asks for an EMA late in the proceeding, does the Judge have to give him one? Once the EMA renders his opinion, does the Judge have to go along with it? If the parties don’t ask for an EMA, can the Judge still appoint one? As you can see, there are a million questions, and for now, at least we have some answers. Come discover what they are.
10:00 – 10:15 am Break
10:15 – 11:15 am "Washouts" – How To Settle A Case
John M. Joyce Attorney Orlando, FL
This program will combine legal requirements with practical considerations. It seems to be getting harder and harder to prepare settlement documents that will meet the scrutiny of a Judge of Compensation Claims. John Joyce will guide you through the maze of how to prepare a proper washout so that the Judge of Compensation Claims will approve it and the First District Court of Appeal won’t void it.
11:15 – 12:30 pm What Does a Legal Assistant Need to Know About the New Statewide Uniform Practices and Procedures – The New Rules?
Honorable Paul T. Terlizzese Judge of Compensation Claims Satellite Beach, FL
Kim McAdams Judicial Assistant to Judge Terlizzese Satellite Beach, FL
Georganne D. McGreevy Workers’ Compensation Mediator Daytona Beach, FL
These new rules are really important. Do you understand what they say and more importantly, what they really mean? Discover the perspective of a Judge of Compensation Claims, a judicial assistant and a mediator as they explain and analyze these new rules which govern all pretrials, trials and mediations.
Breakout for Medical Case Managers/Rehabilitation Providers 9:00 – 5:00 pm Grand Ballrooms IX & X Convention Level
9:00 – 9:10 am Welcome and Introductions
Betty Reid, RN, CCM Rehabilitation Advisors, Inc. Winter Park, FL
April C. Brader Healthy Pathways, Inc. St. Petersburg, FL
9:10 – 10:50 am Effective Strategies for Stress Management and Stress Reduction
Beverly Fisher, M.S. President BJT and Associates, Inc. Dahlonega, GA & Dunedin, FL
Stress is too much wear and tear without loving care. Stress is a perception-it’s a natural, inevitable, universal part of life. Stress can work for you (eustress) and can work against you (distress). The line between eustress and distress is often difficult to distinguish. Stress affects you both mentally and physically. The point is not to eliminate stress, but to find the level that’s right for you. This presentation will help participants recognize their stress signals and learn strategies for reducing and managing their stress. The results will be the ability to balance stress for success.
10:50 – 11:00 am Break
11:00 – 12:00 pm Innovative and Cost-Effective Clinical Wound Management
Joseph J. Ciccio, PT, CWS Home Therapy Products, Inc. Jacksonville, FL
Today, there are over 5 million cases of chronic wounds in America. These wounds cost the health care industry over 1.74 billion dollars annually. Projected increases in 2002 are expected as high as 2.57 billion dollars. With the shrinking healthcare dollar and the rising need for care of wound patients, a unique program has been developed for a viable cost-effective alternative for wound management encompassing the use of specific modalities and up to date dressings. By combining targeted self-management interventions and concurrent effectiveness monitoring in a home based setting, we have been able to significantly reduce the cost of wound care and have achieved outstanding clinical outcomes.
12:00 – 1:00 pm Lunch (on your own) ______________________________________________________________
Division of Workers’ Compensation Bi-Annual Recertification Course For Rehabilitation and Healthcare Providers
1:00 – 5:00 pm Reemployment – Let’s Work in Partnerships
Randy Crowson Research and Training Specialist Division of Workers’ Compensation Tallahassee, FL
Sandra Ondrus, RN, MHSA District Supervisor Division of Workers’ Compensation Orlando, FL
Bren Satterwhite Senior Management Analyst I Division of Workers’ Compensation Bureau of Rehabilitation and Medical Services Tallahassee, FL
This breakout session is divided into three sections. The first part outlines the rights and responsibilities of employers and employees in Florida’s workers’ compensation system. The second portion provides in-depth information as to the responsibilities of the carrier, the Division and the employer in the reemployment process as outlined in Section 440.491, Florida Statutes. In the third section, learn about the Crisis Intervention/Personal Safety Program (CIPS). This is the Division’s initiative in assisting injured employees in crisis and how this program may assist you in your daily responsibilities. This 4-hour session meets the requirements for providers for attending a Division sponsored workshop each two-year license renewal period, as specified in Rule 38F-55.002(2).
(Professional Employer Organizations)
1:00 – 5:00 pm Grand Ballrooms XII, XIII & XIV Convention Level
Moderator: Joey Blubaugh CEO Paradyme HRC Palm Beach Gardens, FL
1:00 – 1:30 pm PEOs – The History and Legal Status
Joey Blubaugh CEO Paradyme HRC Palm Beach Gardens, FL
This session will address the history and legal status of Florida PEOs with a general discussion of tax, workers’ compensation, health insurance and unemployment implications. Chapter 468 of the Florida Statutes will frequently be referenced.
1:30 – 2:00 pm The Federal Legislative Initiative for PEOs
Cece Renn Vice President ADP TotalSource Tallahassee, FL
This lively session will address the efforts of PEOs to proactively secure federal legislation that would codify the co-employment model.
2:00 – 2:45 pm Return to Work: Can the PEO Make a Difference?
David McNeely Vice President AdvanTech Solutions Tampa, FL
With the hardening workers’ compensation market, many risk management strategies are under review. One area where PEOs may have a distinct advantage is returning employees to work. While some PEOs also have temporary staffing companies where they can place employees, others must rely on partnering with their client companies to create accommodations and return the employee to work.
2:45 – 3:00 pm Break
3:00 – 4:00 pm 2001 Update on Workers’ Compensation Case Law and Legislation Affecting PEOs
Sean S. O’Connor Attorney Gainesville, FL
As a follow-up to last year’s session, there will be a case law update and a discussion of legislation that may impact the employee leasing industry.
4:00 – 4:45 pm Managing the Work Site – Making a Difference With PEO Safety Services
C.C. Neil Thorsen Manager Amstaff Human Resources Pensacola, FL
Typically, smaller businesses do not have the time or resources to develop an effective safety program. The PEO brings this expertise as part of their service offering. This session will discuss the challenges of dealing with smaller businesses and will offer practical solutions. We will also discuss OSHA responsibilities, behavioral based safety training, and a myriad of other issues.
4:45 – 5:00 pm Conclusion and Questions
Workers’ Compensation on the National Scene
9:00 – 5:00 pm Grand Ballrooms III, IV, V & VI Convention Level
9:00 – 10:20 am |