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E. Earl Zehmer Moot Court Preliminary Rounds
E. Earl Zehmer Moot Court Finals
Breakout for Healthcare Providers
National Trends in Workers’ Compensation
Breakout for Adjusters, Program One
Breakout for Adjusters, Program Two
Breakout for Paralegals and Legal Assistants
Breakout for Medical Case Managers/Rehabilitation Providers
National Trends in Workers’ Compensation
Professional Employer Organization
Registration and Exhibit Hall Open
Breakout on Medical Issues (Adjusters and Nurse Case Managers)
Division of Workers’ Compensation Training Sessions
Breakout on Employment Practices
Breakout on Longshore and Harbor Workers’ Compensation Act
Breakout on Advanced Mediation Techniques
__________________________________________
8:00 - 5:00 pm ASP Course (Part 1 of 3)
Hall of Cities - St. Louis Convention Level
Jill Lozis
SPAN International Training
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 registration form for this course which is included in this booklet. Pre-Registration is required. Registration begins at 7:30 a.m.
8:00 - 5:00 pm CSP Course (Part 1 of 3)
Hall of Cities - Tampa Convention Level
Steven Wheeler
SPAN International Training
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 registration form for this course which is included in this booklet. Pre-Registration is required. Registration begins at 7:30 a.m.
8:00 - 5:00 pm ASP Course (Part 2 of 3)
Hall of Cities - St. Louis Convention Level
Jill Lozis
SPAN International Training
Titusville, FL
8:00 - 5:00 pm CSP Course (Part 2 of 3)
Hall of Cities - Tampa Convention Level
Steven Wheeler
SPAN International Training
Titusville, FL
6:30 am Late Registration for Fishing Tournament
Boarding Bus for Fishing Tournament - Lake Butler (Departs 7:00 a.m.), See Schedule on page 42
7:30 - 12:00 pm Fishing Tournament
Lake ButlerSee page 3 for more information
7:30 – 8:00 am Late Registration for Golf Tournament
Hawks Landing Golf Club at The MarriottWorld Center – Cart Staging Area
(Registration for those not pre-registered,
if space available)
8:00 – 1:00 pm Golf Tournament
Hawks Landing Golf Club at The Marriott World CenterGolf Tournament Luncheon in Florida Ballrooms - Harbor Beach & Marco Island, North Tower, immediately following tournament.
8:00 - 5:00 pm ASP Course (Part 3 of 3)
Hall of Cities - St. Louis Convention Level
Jill Lozis
SPAN International Training
Titusville, FL
8:00 - 5:00 pm CSP Course (Part 3 of 3)
Hall of Cities - Tampa Convention Level
Steven Wheeler
SPAN International Training
Titusville, FL
12:00 – 6:00 pm Exhibit Hall Setup
Crystal Ballrooms A – Q
Convention Level
12:00 – 9:00 pm Shuttle Bus between The Marriott World Center, Fairfield Inn, Springhill Suites, Marriott Courtyard, and Premium Outlet Mall (Boarding Convention Entrance Marriott World Center & Front Entrance between Fairfield & Springhill Suites at Marriott Village) Refer to Shuttle map & schedule on pages 42 & 43.
2:00 – 5:00 pm Convention Registration
Grand RegistrationConvention Level
2:00 – 5:00 pm E. Earl Zehmer Moot Court Preliminary Rounds
Hall of Cities – Boston, Atlanta, New York & New OrleansGrand 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
Ft. Lauderdale, FL
Richard A. Sicking
Attorney
Miami, FL
Mark L. Zientz
Attorney
Miami, FL
7:00 – 1:00 am Shuttle Bus between The Marriott World Center, Fairfield Inn, Springhill Suites, Marriott Courtyard, and Premium Outlet Mall (Boarding Convention Entrance Marriott World Center & Front Entrance between Fairfield & Springhill Suites at Marriott Village) Refer to Shuttle map & schedule on pages 42 & 43.
8:00 – 5:00 pm Registration
Grand Registration AreaConvention Level
9:00 – 9:15 am Welcoming Speeches
Grand Ballrooms VII & VIII
Convention Level
James N. McConnaughhay
General Chairman
Tallahassee, FL
Steven A. Rissman
Program Chairman
Orlando, FL
9:15 – 9:30 am Scholarship Presentations
Grand Ballrooms VII & VIII
Convention Level
FWCI Scholarship Presentation
J. David Parrish
Attorney
Orlando, FL
Gerald A. Rosenthal
Attorney
West Palm Beach, FL
Friends of 440 Scholarship Presentation
Richard A. Sadow
Attorney
Miami, FL
9:30 am Introduction of Keynote Speaker
Grand Ballrooms VII & VIII
Convention Level
Sam Friedman
Editor-in-Chief
National Underwriter - Property & Casualty/ Risk & Benefits Management Edition
Hoboken, NJ
9:30 – 10:30 am Keynote Speaker
Grand Ballrooms VII & VIII
Convention Level
Philip J. (P.J.) Crowley
Vice-President of Public Affairs
Insurance Information Institute
New York, NY
The keynote address, entitled "Insurance in an Insecure World", will address the pressing issues facing the workers’ compensation industry, including the lingering impact of the September 11
th World Trade Center attack and the subsequent lack of coverage for terrorism exposures.
10:30 – 11:30 am Comedy Keynote Address
Grand Ballrooms VII & VIII
Convention Level
Capitol Steps (political humor)
Refer to "General Information" section for information on Capitol Steps.
11:30 – 5:00 pm Exhibit Hall Open
Crystal Ballrooms A-QConvention Level
11:30 – 1:30 pm Lunch (on your own)
1:30 – 2:30 pm E. Earl Zehmer Moot Court Finals
Grand Ballroom IConvention Level
Organizers:
Jacqueline L. Blanton
Attorney
Sarasota, FL
Barbara B. Wagner
Attorney
Ft. Lauderdale, FL
Richard A. Sicking
Attorney
Miami, FL
Mark L. Zientz
Attorney
Miami, FL
Judged by First District Court Of Appeal
Honorable Michael E. Allen, Chief Judge
Honorable Peter D. Webster
Honorable Marguerite H. Davis
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.
2:00 – 4:15 pm Case Law Update
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 Workers’ Compensation Educational Conference. It’s no breakout – it’s the main event. This year, the panelists will discuss many of the cases that have been decided in the last year by various appellate courts 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 IX, X & XIConvention Level
Program Moderator:
Frank Catapano
President
North Central RIMS
Volusia County Risk Management
DeLand, FL
1:00 – 2:30 pm Re-Engineering America’s Corporate Culture of Business Safety & Employee Health
Paul M. Viollis, Sr., MPA
President
Corporate Risk Consulting, Inc.
Melbourne, FL
This presentation seeks to define the new "Standard of Care" as it pertains to an employer’s obligation to provide a safe and healthful work environment, free from recognizable hazards. This session will concentrate on avoiding traditional workplace violence, protecting the workplace from domestic violence intrusion, and developing a conflict resolution plan to mitigate stress-related costs.
2:30 – 2:40 pm Break
2:40 – 3:40 pm The Application of "Six Sigma" to Safety
Panel Moderator:
W. Michael McDonald
Director of Risk Management
Walter Industries, Inc.
Tampa, FL
Panel:
James G. Grant
Business Development Manager
DuPont Safety Resources
Charleston, SC
Gary E. Fraze, REPA, CSP
Hazardous Materials Consultant
DuPont Global Services
Wilmington, DE
What is "Six Sigma" and why is it important? Learn about this exciting new concept in safety, which will have an impact on your risk management dollars. Michael McDonald, James Grant and Gary Fraze will discuss "Six Sigma" and the effect that it had on their work environment.
3:40 – 3:50 pm Break
3:50 – 5:00 pm The Practice of Risk Management Post September 11
W. Michael McDonald
Director of Risk Management
Walter Industries, Inc.
Tampa, FL
What a difference a day makes. The terrorist activities of September 11 have changed the marketplace. This speaker will talk about the financial impact on the insurance industry generally and on the property and casualty industry specifically. He also will give us his impressions on what the practice of risk management will look like in the future, given the new environment caused by September 11.
2:00 – 5:00 pm
Grand Ballrooms V & VI
Convention Level
Members of the appellate courts, and their administrative staff give attendees a view from the bench. The administrative staff 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 judges 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 CourtThomas 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
3:00 – 5:00 pm
View from the Court Including Questions and Answers
Panel:
Honorable Michael E. Allen
Chief Judge
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
Breakout for Healthcare Providers
1:00 – 5:00 pm
Grand Ballrooms II, III & IVConvention Level
1:00 – 1:05 pm Welcome and Introductions
Richard Dolsey, MD
Physicians Health Centers
Miami, FL
Bruce Lester
President
ConservCare, Inc.
Orlando, FL
1:05 – 2:30 pm Ask the Experts
Moderators:
Patricia Quinlan
Branch Manager
Crawford & Company
Orlando, FL
Nat Levine
Vice President
Family Practice Center
Palm Beach, FL
Carrier Representatives:
Beth Lepper
Sr. Vice President
Crawford & Company
Orlando, FL
Teresa Long
Vice President, Risk Management
Unisource Administrators
Sarasota, FL
Attorney Representatives:
Claimant: Dorothy Clay Sims
Attorney
Ocala, FL
Defense: Martin L. Leibowitz
Attorney
Jacksonville, FL
Providing medical treatment to a patient who has been injured on the job often involves more than just healing the body. This panel will give physicians and other healthcare providers the opportunity to learn more about the non-medical aspects of workers’ compensation. A variety of topics relating to indemnity, medical, and legal issues will also be discussed.
2:30 – 2:40 pm Break
2:40 – 3:55 pm Perspectives on Pain
Moderator:
Gary Jay, MD
Neurologist
Lake Mary, FL
Panelists:
Robert Pollack, MD
Psychiatrist
Longwood, FL
Evans Amuna, MD
Interventional Anesthesiologist
Maitland, FL
Christopher Leber, MD
Physical Medicine & Rehabilitation
Gainesville, FL
How do you deal with the pain aspect of a work-related injury? What questions should you be asking to "red flag" patients who may have other problems that may make their successful treatment more difficult? Why does an interdisciplinary treatment paradigm enhance an injured employee’s return to work? Do expert diagnostic and treatment guidelines exist for injured workers with pain? When are interventional procedures appropriate and what is the difference between rehabilitation and interventional pain medicine as primary treatment modalities? Learn the answers to these questions and more with this panel of four different types of pain practitioners.
3:55 – 4:05 pm Break
4:05 – 5:05 pm Getting Smart About Managed Care
Joseph Paduda
Health Strategy Associates
Madison, CT
The goal of this session is to get providers to be able to deal with payors from an educated perspective. By understanding what drives payors, providers will be better equipped to negotiate contracts, handle patients, communicate, and improve the entire process.
(Four separate breakout sessions all from 1:00 pm – 5:00 pm)
1:00 – 5:00 pm
Breakout Session I - OSHA General Industry Standards Hall of Cities - MiamiConvention Level
Moderator:
Joan M. Spencer, CIH
Compliance Assistance Specialist
Occupational Safety and Health Administration
Tampa Area Office
Tampa, FL
1:00 – 2:00 pm OSHA’s Lock-Out Tag-Out Standard
Rafael AbreuCoordinator Environmental Safety and Health
University of South Florida Consultation Program
Miami, FL
OSHA issued a final rule on the Control of Hazardous Energy on September 1, 1989. This presentation will cover the requirements of the rule including the practices and procedures necessary to shut down and lock out or tag out machines and equipment, employee training requirements and their role in the lock out/tag out program, and the mandates that periodic inspections be conducted to maintain or enhance the energy control program.
2:00 – 3:00 pm 29CFR 1910 – Subpart H – Hazardous Materials
Paul Haas, CSP
Coordinator Environmental Safety and Health
University of South Florida Consultation Program
Palm Beach, FL
This presentation will cover standards for the handling, storage and use of flammable and combustible liquids with a flash point below 200 degrees Fahrenheit. The primary basis for the standards is the National Fire Protection Association’s publication NFPA 30, Flammable and Combustible Liquids Code. There are two primary hazards associated with flammable and combustible liquids: explosion and fire. This presentation will illustrate why the issues of design and construction, ventilation, ignition sources and storage are important considerations when you handle flammable and combustible liquids.
3:00 – 3:15 pm Break
3:15 – 5:00 pm Materials Handling & Storage: Developing An Effective Safety and Health Program
Thomas Dean, C.S.P.
Safety Engineer
Electro-Optics, Environmental, and Materials Laboratory
Safety, Health and Environmental Technology Division
Safety Engineering Branch
Georgia Tech Research Institute
Atlanta, GA
This presentation will focus on developing a safety and health program in accordance with the 1989 guidelines issued by OSHA. We will focus on the following areas: management leadership and employee involvement, worksite hazard analysis, hazard prevention and control, and safety and health training.
1:00 – 5:00 pm
Breakout Session II - OSHA Construction Industry StandardsHall of Cities - Los Angeles
Convention Level
Moderator:
Robert E. Nesbit
Assistant Director
Environmental and Occupational Health and Safety Consultation Program
College of Public Health
University of South Florida
Tampa, FL
1:00 – 3:00 pm Excavations – 29CFR 1926 Subpart P
Joe CundiffCoordinator Environmental Safety and Health
University of South Florida
Consultation Program
Pensacola, FL
This presentation will focus on the requirements of excavations including the requirements for protective systems, soil classification, sloping and benching, timber shoring for trenches, alternatives to timber shoring and selection of protective systems.
3:00 – 3:15 pm Break
3:15 – 5:00 pm Electrical Safety – The Assured Equipment Grounding Conductor Program
Terry Lee, Ph.D.
Director of Safety and Occupational Health
Proformance Plastering, Inc.
Orlando, FL
This subject is among the most misunderstood and misinterpreted OSHA standards. Dr. Lee’s session will cover the requirements of the assured equipment grounding conductor program and its importance in protecting the lives and limbs of construction workers. This presentation will also discuss the implementation of such a program to ensure proper safety and maintenance of electrical equipment, tools and receptacles.
1:00 – 5:00 pm
Breakout Session III - Respiratory Protection Hall of Cities - New York & New OrleansConvention Level
Moderator:
Robert Pavlik, Ph.D. (CIH)
Assistant Director Environmental Safety and Health
University of South Florida
Consultation Program
Tampa, FL
1:00 – 2:00 pm OSHA Respiratory Protection Standard
Robert Pavlik, Ph.D. (CIH)Assistant Director Environmental Safety and Health
University of South Florida
Consultation Program
Tampa, FL
This session will cover the requirements of the OSHA respiratory protection standard, 29 CFR 1910.134. Dr. Pavlik will discuss the development and implementation of a respiratory protection program, the requirements for the selection of respirators, medical evaluations, fit testing, cleaning, maintenance and training.
2:00 – 3:00 pm Respirator Types and Selection
Mylene Kellerman
Coordinator Environmental Safety and Health
University of South Florida
Consultation Program
Orlando, FL
This session will cover the different types of air purifying and air supplied respirators available and how to choose the correct type for your workplace. This session is a must for people involved in heavy construction, painting, sanding, use of chemicals, mixing of concrete or any other occupation where dust or vapors are generated.
3:00 – 3:15 pm Break
3:15 – 5:00 pm Respirator Fit Testing Equipment and Demonstration
Robert Pavlik, Ph.D. (CIH)
Assistant Director Environmental Safety and Health, USF Consultation Program
Tampa, FL
Ned Fayson
Coordinator Environmental Safety and Health
USF Consultation Program
Jacksonville, FL
Fit Testing Equipment and Demonstration – During this session the speakers will demonstrate qualitative fit testing techniques using Bitrex and isoamyl acetate and quantitative fit testing using the Portacount and OHD FitTester 3000.
1:00 – 5:00 pm
Breakout Session IV - Employer Safety Programs Hall of Cities - Boston, Atlanta & AnaheimConvention Level
Moderators:
Mike Yates
President, Safety Training Services, Inc.
Gulfport, FL
Terry Lee, Ph.D.
Director of Safety and Occupational Health
Proformance Plastering, Inc.
Orlando, FL
1:00 – 3:00 pm Employer Care Management – What an Employer Needs to Know
Stephen McGinnRisk Control Manager, League of Cities, Inc.
Chair of the Board of Directors for FPSH
Orlando, FL
Mr. McGinn covers the basic information that an employer needs to know in order to link a safety and health program with a workers’ compensation program.
3:00 – 3:15 pm Break
3:15 – 5:00 pm Redirecting a Safety Program
Kevin Regan
President
Insurance Allied Services Co. (IASC)
Islamorada, FL
This presentation will cover the following aspects of a safety and health program: management commitment, written plans, committee purpose activity, employee safety training, property/vehicle inspections and specific work site analysis.
National Trends in Workers’ Compensation
1:00 – 4:15 pm
Grand Ballrooms XII, XIII & XIVConvention Level
1:00 – 2:30 pm A View from the Top
Moderator:
Sam Friedman
Editor-in-Chief
National Underwriter – Property & Casualty/ Risk & Benefits Management Edition
Hoboken, NJ
Panel:
James Roberts
President of the Specialty Workers’ Compensation Division – AIG
Parsippany, NJ
Sal Zaffino
Chairman & CEO
Guy Carpenter & Company, Inc.
New York, NY
A group of leading insurance company executives representing a broad cross-section of the workers’ compensation insurance industry will
speak frankly about the challenges facing insurers, reinsurers, adjusters, risk managers and independent agents in this troubled market. The lingering impact of September 11 on terrorism coverage will be explored, along with other nagging issues, including reform efforts in key states, availability and affordability of reinsurance, soaring medical care costs, ergonomics, and the threat of new exposures looming on the horizon.
2:30 – 2:45 pm Break
2:45 – 4:15 pm The World Trade Center Attack: One Year Later
Moderator:
Bruce Hillman
Editorial Director, Risk & Insurance Markets
The National Underwriter Company
Erlanger, KY
Panelists:
Gregory V. Serio
Superintendent of Insurance
New York State Insurance Department
Albany, NY
Robert G. Purdy
Zonal Executive Vice President
AIG/American Home Assurance Co.
Philadelphia, PA
Robert P. Hartwig
Senior Vice President & Chief Economist
Insurance Information Institute
New York, NY
Thomas L. Duffy
Executive Vice President
CNA Re
Chicago, IL
A year later, the impact of the World Trade Center disaster is still being measured. What were the financial costs? What were the successes and failures of the workers’ compensation system? Was the industry response appropriate and adequate? This 90-minute panel discussion explores the impact on the industry financially, as well as claims developments and other implications for adjusters, carriers, regulators and risk managers. Four industry experts, well-versed in the lessons of September 11, address the issues of workers’ compensation and terrorist attacks. What do we know now that we should have known then? What works and what doesn’t work?
7:00 – 11:00 pm Reception and Entertainment
Palms Ballrooms – Sago, Sabal, Royal
& Canary
Convention Level
Featured Entertainment:
The Beach Boys
Opening Act:
Blue Stone Circle
Casual attire. Adults only, please. Refer to "General Information" section for information on The Beach Boys and Blue Stone Circle.
7:00 – 12:00 am Shuttle Bus between The Marriott World
Center, Fairfield Inn, Springhill Suites, Marriott Courtyard, and Premium Outlet Mall (Boarding Convention Entrance Marriott World Center & Front Entrance between Fairfield & Springhill Suites at Marriott Village) Refer to Shuttle map & schedule on pages 42 & 43.
8:00 – 5:00 pm Registration
Grand Registration
Convention Level
8:00 – 5:00 pm Exhibit Hall Open
Crystal Ballrooms A-Q
Convention Level
Program One
8:45 – 4:15 pm
Grand Ballroom VIIConvention Level
8:45 – 9:45 am Contemporary Controversies In Orthopedic Surgery
Moderator and Speaker:
Stephen R. Goll, M.D.
Spine Surgeon
Orlando Orthopaedic Center
Orlando, FL
Panel:
Lawrence S. Halperin, M.D.
Hand Surgeon
Orlando Orthopaedic Center
Orlando, FL
Jeffrey P. Rosen, M.D.
Sports Medicine
Orlando Orthopaedic Center
Orlando, FL
Joseph D. Funk, D.P.M.
Podiatric Surgeon
Orlando Orthopaedic Center
Orlando, FL
This symposium will focus on four areas of current controversy in the orthopedic care and management of injured workers. Through a series of four very focused presentations, participants will gain a deeper understanding of the decision-making rationale that physicians use in formulating treatment plans for these common, yet controversial work-related injuries. Conditions to be discussed include reflex sympathetic dystrophy, discogenic low back pain, meniscal injuries of the knee, and plantar fascitis. This session will conclude with an open forum, at which time the panelists will field questions from the attendees.
9:45 – 10:00 am Break
10:00 – 12:00 pm Medicare Allocation
Moderator:
Nell Merritt
Clarendon National Insurance Company
Maitland, FL
Panel:
Bennett L. Pugh
Attorney
Birmingham, AL
Jack M. Rosenkranz
Attorney
Tampa, FL
June Simpson
Health Advocates, Inc.
Tampa, FL
James E. Trull
Fidelity Fudiciary Company
Birmingham, AL
For the last several years, Medicare has been paying medical expenses for injured workers, even when those expenses stemmed from work-related accidents or occupational diseases. The Medicare Secondary Payor statute was enacted to prevent medicare from being burdened by these expenses, which otherwise should be paid from insurance plans, including workers’ compensation. This panel will discuss the legal and practical aspects of what is required to establish a Medicare set-aside or allocation account based upon the Medicare Secondary Payor regulations. How do you comply with this act? What happens if you don’t?
12:00 – 1:00 pm Lunch (on your own)
1:00 – 2:00 pm Ethics: Dealing With Angry Claimants
Karen Lynn FlahertyPresident
Professional Training Systems, Inc.
Austin, TX
Emotions, like anger, frustration and fear are central to many claim situations. To be successful, adjusters must deal with the facts of the claim, the people involved, and their emotions. Ethics demand that you act professionally when adjusting a claim. By acting ethically and effectively, you will enhance your relationship with the injured worker, the employer, and the insurer providing coverage for the claim. This session will provide advice, insight, and inspiration for formulating an approach based upon fairness and honesty.
2:00 – 2:15 pm Break
2:15 – 3:15 pm Settlement Evaluations and Negotiations Post 10-1-01 Law Changes
Moderator:
Jill E. Keene
FCCI Mutual Insurance Company
Sarasota, FL
Panel:
David A. Spain
Attorney
Orlando, FL
Timothy J. Jesaitis
Attorney
St. Petersburg, FL
Under section 440.20(11)(c), Florida Statutes, are you confused as to how settlements should be analyzed? Are you interested in some current strategies which could positively or negatively affect a settlement value, or perhaps timing of a settlement? Mrs. Jill Keene (FCCI), Mr. David Spain (Clmt counsel) and Mr. Tim Jesaitis are just who you are looking for - to provide a thoughtful, occasionally irreverent analysis of three cases. Our intent? To lead you through the labyrinth of issues that can arise: MMI and medical language, Child Support Arrearage issues, Medicare Set Asides, Settlement Documents and Surveillance. Come on in and enjoy the show!!
3:15 – 4:15 pm DOAH: Welcome to Our Neighborhood
R. Stephen Coonrod
Attorney
Tallahassee, FL
Steven Scott Stephens
Deputy Chief Judge of Compensation Claims
Tallahassee, FL
There is a major new player in the workers’ compensation system. It is the Department of Administrative Hearings – DOAH. Last year, the Florida Legislature established DOAH as the clerk’s office for the workers’ compensation system and transferred all administrative responsibilities having to do with Judges of Compensation Claims to DOAH. What does this all mean? What do we need to do differently? What is the impact on adjusters? What is the impact on litigation? This panel will explore those questions and many more. Don’t miss it!
Program Two
8:45 – 4:15 pm
Grand Ballroom VIIIConvention Level
8:45 – 9:45 am Neurosurgery: Is the Claimant Your Pain in the Neck?
Moderator:
Marilyn Roofner, PT
Director of Outpatient Rehabilitation Services
Orlando Regional Rehabilitation Services
Orlando, FL
Robert L. Masson, Jr., M.D.
Neurosurgeon
Orlando, FL
The purpose of this course is two-fold. First, it will discuss cervical spine injuries and what you can expect from a surgical or a non-surgical course of treatment. But, this is a lot more than an anatomy course. So much of what an adjuster and nurse case manager deals with has to do with causal relationship and "major contributing cause" questions. In other words, is a pre-existing condition the carrier’s responsibility or is it just a normal result of the claimant’s life? Why does it seem that so many injuries start out with neck symptoms and before the case is over, carpal tunnel surgery is performed? Learn the answers to these and other questions in this highly informative presentation.
9:45 – 10:00 am Break
10:00 – 12:00 pm Issues and Answers: Hot Topics
Moderator:
Jeffrey Taylor
Taylor Insurance Consulting
Sarasota, FL
Panel:
Maria Dayi
The Hartford Insurance Group, Inc.
Maitland, FL
Justine Esser
Insurance Office of America
Altamonte Springs, FL
Cynthia Cegan
FCCI Mutual Insurance Group
Sarasota, FL
Nancy Amee
Summit Claims Management
Lakeland, FL
David Burr
CNA Commercial Insurance Co.
Maitland, FL
Scott Silver
Attorney
Fort 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 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 adjuster depositions, attorney’s fees, controlling the medical costs and identifying and prosecuting fraud cases.
12:00 – 1:00 pm Lunch (on your own)
1:00 – 2:00 pm The Adjuster and the Employer: Aren’t We in This Together?
Moderator:
James F. Kidd
Attorney
Orlando, FL
Panel:
Charles D. Greene
Stirling Cooke Insurance Services, Inc.
Sarasota, FL
Tammy Martin
Oasis Advantage
Sarasota, FL
The employer is your insured and your customer. What is the proper relationship between the employer and the adjuster? Many adjusters believe it is to send in a first report of injury and a wage statement and then simply to be quiet. On the other hand, many employers demand the right to make virtually every decision in a case. What is the best balance? This panel will discuss the difficult questions and concepts necessary for the truly successful adjuster to achieve the best results in a case by working in a team-like fashion with the employer.
2:00 – 2:15 pm Break
2:15 – 3:15 pm Workers’ Compensation Offsets
Rafael Gonzalez
Attorney
Tampa, FL
This presentation will focus on the workers’ compensation/social security disability offset. It will explore both federal and state statutory authority. It will also delve into federal and state case law guiding such offsets. The emphasis of the presentation will be on computing the offset. Ralph Gonzalez, who many consider the state’s number one expert on social security offset issues, will guide the audience through the maze of cases so that the audience can "finally make sense of it all."
3:15 – 4:15 pm Adjuster Ethics: A New Way Of Looking At It
Daniel T. Jaffe
Attorney
Tampa, FL
Russell Warm
Sedgwick James of Florida, Inc.
Lake Mary, FL
Ethics is an integral part of any profession and a mandatory topic for adjusters. This panel will discuss the ethical considerations and responsibilities of an adjuster by use of various scenarios which set forth ethical dilemmas that adjusters face every day. Some of the resolutions of these conflicts will surprise you. Don’t miss it!
8:15 – 9:15 am Alumni Breakfasts
Florida State University, College of Law
Florida Ballroom – Marco Island
North Tower
University of Florida, College of Law
Florida Ballroom – Sawgrass
North Tower
University of Miami, College of Law
Florida Ballroom – Harbor Beach
North Tower
9:30 – 4:15 pm
Palms Ballroom – CanaryConvention Level
Program Moderator:
Jeffrey I. Jacobs
Attorney
Miami, FL
9:30 – 11:00 am Strategy Session: Hot Topics
Moderator:
Howard Scheiner
Mediator and former Judge of Compensation Claims
West Palm Beach, FL
Panel:
Ramon Malca
Attorney
Miami, FL
Steven P. Kronenberg
Attorney
Miami Lakes, FL
Christine M. Franco
Attorney
Tampa, FL
Tuwana J. McMillan
Attorney
Orlando, FL
This knowledgeable and skilled Strategy Session panel will discuss innovative techniques, new trends, recent decisions, and legislative changes that impact the prosecution and defense of workers’ compensation claims. The hot topics will include compensability, permanent total disability, medical benefits, and settlements.
11:00 – 11:15 am Break
11:15 – 12:15 pm Practice Perspectives
Moderator:
Eduardo E. NeretAttorney
Miami, FL
Panel:
Honorable Marguerite H. Davis
First District Court of Appeal
Tallahassee, FL
Honorable David W. Langham
Judge of Compensation Claims
Pensacola, FL
Honorable Richard S. Thompson
Judge of Compensation Claims
Orlando, FL
This diverse judicial panel will address various workers’ compensation issues from trial, appellate and administrative perspectives.
12:15 – 2:15 pm Lunch (on your own)
2:15 – 4:15 pm Ethics and Professionalism
Moderator:
Thomas E. GlickMediator
Miami, FL
Panel:
Jan K. Wichrowski
Chief Disciplinary Counsel
The Florida Bar, Orlando Branch
Orlando, FL
Cheryl L. Wilke
Attorney
Fort Lauderdale, FL
Stephen E. Renick
Attorney
Homestead, FL
This panel features an interactive discussion concerning issues of ethics and professionalism that have an effect on all workers’ compensation practitioners. The discussion will provide practical information concerning the types of problems workers’ compensation attorneys routinely encounter.
and Legal Assistants
9:00 – 12:15 pm
Grand Ballrooms IV, V & VIConvention Level
Program Moderator:
Debbie Scott
Legal Assistant
Orlando, FL
9:00 – 10:00 am The Clerk’s Office at DOAH: Everything a Practitioner Needs to Know
Ann ColeClerk
Division of Administrative Hearings
Tallahassee, FL
It is a new world for workers’ compensation practitioners. What needs to be filed with DOAH, what is the format and when does it need to be filed? Ann Cole, who is the Court Clerk for DOAH, will answer all of these questions in a very practical presentation.
10:00 – 10:15 am Break
10:15 – 11:15 am Washouts – How Have Things Changed?
Mark HungateAttorney
St. Petersburg, FL
So much has changed since October 1, 2001. The documents are different and what needs to be submitted to the judge for approval has changed radically. Mark Hungate will guide you through a maze of how to prepare a proper settlement agreement.
11:15 – 12:15 pm What Does a Legal Assistant Need to Know About the Statewide Uniform Practices and Procedures – The New Rules?
Honorable Mark HofstadJudge of Compensation Claims
Lakeland, FL
These 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 as he explains and analyzes these new rules which govern all pretrials, trials and mediations.
Breakout for Medical Case Managers/
Rehabilitation Providers
9:00 – 12:00 pm
Grand Ballrooms II & IIIConvention 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 Balancing Your Stress Budget
Beverly Fisher, M.S.
B.J.T. and Associates, Inc.
Dahlonega, GA & Dunedin, FL
This course is an extension from last year’s successful breakout session. The purpose of this course is to give the participant helpful tools to better manage stress in their everyday lives. In-depth knowledge and meaningful tools will be provided in order to give each individual a practical strategy against the damaging effects of stress on body, mind and spirit.
10:50 – 11:00 am Break
11:00 – 12:00 pm An Algorithm of Care for Low Back Pain
Howard Berkowitz, M.D.
Orthopedic Surgeon
VAX-D
Atlanta, GA
The speaker will outline the steps involved in treating a patient with low back pain from first presentation to resolution, including the basis for recommending or denying advanced diagnostic testing, medications, epidural injections and surgery. Indicators for surgery will be discussed as well as new treatment options that help avoid costly surgery.
Division of Workers’ Compensation
Bi-Annual Recertification Course
For Rehabilitation and Healthcare Providers
1:00 – 5:00 pm Workers’ Compensation Reemployment Services Program (RES)
Sandra Ondrus, RN, MHSA
District Supervisor
Division of Workers’ Compensation
Orlando, FL
This session will review Section 440.491, Florida Statutes, the rules, changes in Workers’ Compensation and how those changes may or may not affect you. The intent of RES versus the reality of the program, reemployment assessment, billing, statistics, the referral process and crisis potential will also be discussed.
This 4-hour session meets the requirement for providers to attend a workshop each two-year license renewal period, as specified in Rule 38F-55.002(2).
National Trends in Workers’ Compensation
9:00 – 5:15 pm
Grand Ballrooms XI, XII, XIII & XIVConvention Level
9:00 – 10:45 am Workers’ Compensation Market Overview
Moderator:
Sam Friedman
Editor-in-Chief
National Underwriter – Property & Casualty/
Risk & Benefits Management Edition
Hoboken, NJ
Panel:
Fritz Yohn
President
Intellistance LLC
Middletown, CT
Robert Hartwig
Senior Vice President & Chief Economist
Insurance Information Institute
New York, NY
Peter Zaffino
Managing Director for Workers’ Compensation
Guy Carpenter & Company, Inc. and
Marsh, Inc.
Stamford, CT
Ron Relterath
Interim Chief Actuary
NCCI
Boca Raton, FL
A dynamic panel discussion about the workers’ compensation market will reveal where we stand and where we are headed. Included will be a detailed analysis of the industry’s financial state, an examination of claims trends, a report on the impact of overall economic conditions on workers’ compensation and an assessment of the volatile reinsurance market, as well as a bold exploration of new marketing opportunities for workers’ compensation insurers.
10:45 – 11:00 am Break
11:00 – 12:00 pm Litigation Management
George KaganAttorney
West Palm Beach, FL
Charles O’Connor
Assistant Vice President for Litigation Management
Liberty Mutual Insurance Group
Boston, MA
Through skits and simulations, our presenters skirt pretty near the edge to better illustrate frictions which hinder claims professionals and defense counsel in chasing their shared objective – the defense of claims. Through shock-of-recognition "vignettes", our presenters strive to add a little luster to the product on both sides of the vital claims-legal defense team!
12:00 – 1:00 pm Lunch (on your own)
1:00 – 2:30 pm Pharmacy Benefit Management - The Perfect Prescription for Controlling Drug Costs
Grand Ballroom X
Convention Level
Robert Noel
Vice President, Sales, Self Funded Carrier Division
Express Scripts, Inc.
St. Louis, MO
Kathy Bonnell
Sales Director, Workers’ Compensation East
Express Scripts, Inc.
St. Louis, MO
The fact that workers’ compensation pharmacy costs are rising at an alarming rate of 15% per year has become a bitter pill for the claims payors and employers to swallow. Traditional managed care only addresses medical providers’ costs. More and more it is apparent that the pharmacy costs need to be carved out and dealt with more aggressively. Our objective in this session is to give you a basic understanding of the terminology and strategies that can be implemented to mitigate future drug cost increases while controlling the potential for fraud and abuse.
1:00 – 2:30 pm The Future of an Adjuster
Moderator:
George NealePresident
Dennis Insurance Group
Charlotte, NC
Panel:
Nancy Brennan
Director of Product Development
The Hartford – Specialty Risk Services
Hartford, CT
Grover Davis
President & CEO
Crawford and Company
Atlanta, GA
The role of the adjuster is constantly changing. Industry executives will share with your company and customer expectations and provide a road map for success in all aspects of claim management. Hear how you can deliver superior claim results that provide value added economic and customer service benefits to your company.
2:30 – 2:45 pm Break
2:45 – 3:45 pm Tech Rules!
Vincent Armentano
Vice President of Workers’ Compensation Claims
Travelers Insurance
Hartford, CT
Sean Downs
President
HNC Insurance Solutions
Irvine, CA
John D’Alusio
Senior Vice President
Strategic Development
HNC Insurance Solutions
Irvine, CA
With all the "bad news" in the workers’ compensation system, is there any hope? There is! Historically, technology was used to automate functions, but the new knowledge management and predictive technologies can help the workers’ compensation system by accelerating the adjusters’ learning curve and supporting core skills. Think of it – utilizing internet technology to engage injured workers and enhance communication with physicians. We can take back control of our destiny and improve the outcomes of claims.
3:45 - 4:00 pm Break
3:45 – 5:15 pm Medical Cost Drivers: What’s Adding Fuel to the Fire?
Moderator:
Ann Clayton
Workers’ Compensation Consultant
Ann Clayton & Associates
Lexington, MA
Panel:
Stacey Eccleston
Senior Analyst
Workers’ Compensation Research Institute
Cambridge, MA
William Johnson, Ph.D.
Professor of Economics
Arizona State University
Tempe, AZ
Jay Himmelstein, M.D., MPH
Assistant Chancellor for Health Policy
University of Massachusetts Medical School Center For Health Policy Research
Worcester, MA
Recent research is providing more information than ever before about where the workers’ compensation dollars go, how medical costs and utilization differ across states for similar injuries and workers, the relative cost efficiency of different providers and the relationship of healthcare and work absence. This session will focus on research in multiple states that identifies specific medical cost drivers and gives implications for fee schedule changes and other potential public policy actions that can be taken to address the identified cost drivers.
(Four separate breakout sessions all from 8:00 am – 5:00 pm)
8:00 – 5:00 pm
Breakout Session I - Public Sector Safety and Health Programs Hall of Cities - MiamiConvention Level
Co-Moderator:
Stephen McGinn
Risk Manager
Florida League of Cities
Orlando, FL
Co-Moderator:
Cathy Anton
President
Orlando Chapter National Safety Council
Orlando, FL
8:00 – 10:00 am Parks and Recreation Liability
Stephen McGinn
Risk Manager
Florida League of Cities
Orlando, FL
This topic will focus on the liability concerns associated with the proper administration of a public park and leisure services program
10:00 – 10:15 am Break
10:15 – 12:00 pm Ergonomics: What’s the Fuss? What Works and What Doesn’t?
Kimberly S. Gibson, PT, CHT