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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
Orlando Regional Rehabilitation Services
Orlando, FL
T. Rodney Walls, CSP
Safety and Security Coordinator
Louis Dreyfus Citrus, Inc.
Orlando, FL
This presentation is an overview of the controversy regarding the ergonomics standard and process. Further, the program provides practical tips for reviewing workstation designs, developing work practices and making effective adjustments to achieve ergonomically sound work areas.
12:00 – 1:00 pm Lunch (on your own)
1:00 – 3:00 pm Fleet Safety
Walter MaloSafety Coordinator
Orange County Sheriffs Department
Orlando, FL
This presentation will discuss all of the aspects of developing and maintaining a fleet safety program.
3:00 – 3:15 pm Break
3:15 – 5:00 pm Police Officer Safety and Health Issues
P. Daniel Condon
Hunt Insurance Group, Inc.
Tallahassee, FL
This topic will discuss how police liability issues can impact a workers’ compensation claim. Topics such as training, arrests, and high-speed pursuits will be discussed.
8:00 – 5:00 pm
Breakout Session II - Private Sector Safety and Health Programs Grand Ballroom IConvention Level
Moderator:
Terry Lee, Ph.D.
Director of Safety and Occupational Health
Proformance Plastering, Inc.
Orlando, FL
8:00 – 10:00 am Integrated Claims Handling: A Successful Safety Story
Mark Lang
Founder/CEO
Workers Temporary Staffing, Inc.
Lake Mary, FL
Melissa M. Nile, ARM
Risk Management Director
Workers Temporary Staffing, Inc.
Lake Mary, FL
This presentation will highlight how integrating sound safety practices into business can be profitable.
10:00 – 10:15 am Break
10:15 – 12:00 pm Aggression Management
John D. ByrnsPresident
Center for Aggression Management
Winter Park, FL
This workshop addresses methods to prevent aggression in the workplace. You will learn how to identify the warning signs of aggression and methods to prevent conflict.
12:00 – 1:00 pm Lunch (on your own)
1:00 – 3:00 pm Machine Guarding and OSHA’s National Emphasis Program for Amputations
Joseph RoeslerCompliance Assistance Specialist
Jacksonville, FL
OSHA is working under a National Emphasis Program to reduce the number of amputations. This workshop will cover the hazards of improper machine guarding, techniques for guarding, and preventative maintenance plans for guarding. Equipment to be discussed will include woodworking, metal forming, and a powered transmission apparatus.
3:00 – 3:15 pm Break
3:15 – 4:00 pm Industrial Hygiene Sampling Equipment
Robert Pavlik, Ph.D. (CIH)
Assistant Director Environmental Safety and Health
USF Consultation Program
Tampa, FL
This session will demonstrate the use and features of air sampling pumps, noise dosimeters, and other direct reading instruments used to evaluate the exposure levels of employees subjected to chemical and physical agents. The audience will have a chance to ask questions and learn how the equipment works.
4:00 – 5:00 pm Forklift Training – Powered Industrial Trucks 29CFR1910.178
Chris Hopkins
Senior Occupational Trainer
National Safety Council
Orlando, FL
This session will cover the OSHA requirements relating to fire protection, design, maintenance and use of fork trucks, tractors, platform lift trucks, motorized hand trucks, and other specialized industrial trucks powered by electric motors or internal combustion engines.
8:00 – 5:00 pm
Breakout Session III - Bio-Terrorism in the Workplace Hall of Cities - Boston, Atlanta & AnaheimConvention Level
Moderator:
Jacqueline Cattani, Ph.D.
Director
Center for Biological Defense
University of South Florida
Tampa, FL
8:00 – 10:00 am Bio-Terrorism Issues in the Workplace: Local, State and Federal Response Capabilities
Jacqueline Cattani, Ph.D.Director
Center for Biological Defense
University of South Florida
Tampa, FL
This session will explore the capabilities and responsibilities for coordination of a response to a bio-terrorist attack at the local, state and federal levels. A variety of biological organisms and the special features that make them potential agents for bio-terrorism will be covered. Early recognition and prevention measures will be highlighted.
10:00 – 10:15 am Break
10:15 – 12:00 pm Safety and Emergency Management in Business Planning for Potential Biological Terrorist Incidents
Holly WadeBusiness Continuity Manager
Hillsborough County Emergency Management
Tampa, FL
More than 40% of businesses that experience a disaster never reopen and over 25% of the remaining companies will close within 2 years. In the wake of September 11, it has become even more important for a business to think the unthinkable. White powder in the mailroom can shut down operations just as quickly as a power failure. This presentation will focus on the need for businesses to prepare for disruption by planning and preparation. It will also address ways to minimize fear and misconceptions among employees. The Hillsborough County Emergency Management "Business Continuity Program," developed to help local businesses prepare for disruption through creating disaster plans, will be described.
12:00 – 1:00 pm Lunch (on your own)
1:00 – 3:00 pm Surveillance in the Workplace: Potential Contributions to Public Health Rapid Response to Bio-Terrorism Incidents
Kristen UdheCenter for Biological Defense
University of South Florida
Tampa, FL
Early recognition of an attack using a biological agent will be critical to an effective response. Surveillance of suspicious health outcomes or higher than normal levels of employee absences could serve as a warning that an attack has occurred. This presentation will explore the potential contributions to public health by large-scale employers through surveillance of medical events or absences in the workforce.
3:00 – 3:15 pm Break
3:15 – 5:00 pm Building Decontamination in the Instance of a Bio-Terrorist Event
Larry T. Clark
Disaster Preparedness Program Manager
Del-Jen, Inc.
MacDill Air Force Base
Tampa, FL
This presentation will discuss the issues involved in effective decontamination of buildings following an attack with a biological agent. Each potential agent will require a different set of procedures. Anthrax spores are among the most difficult to deal with due to their ability to remain viable in the environment for extended periods of time. Federal, state and local responsibilities will be covered and advantages and disadvantages of available methods discussed.
8:00 – 5:00 pm
Breakout Session IV - New Technology in the Construction Industry Hall of Cities - San FranciscoConvention Level
Co-Moderator:
Bob Estep
Safety Manager
American Bridge Facilities
Orlando, FL
Co-Moderator:
Clarence Rodrigues, Ph.D., CSP, CPE
Embry-Riddle Aeronautical University
Daytona Beach, FL
8:00 – 9:00 am OSHA’S New Steel Erection Standard
Robert E. Nesbit
Assistant Director Environmental and
Occupational Health and Safety
Consultation Program
College of Public Health
University of South Florida
Tampa, FL
This presentation will cover the major steel erection safety changes. Some of the topics that will be discussed include rigging requirements, training requirements, general contractor responsibilities, multiple lift procedures, frequently asked questions, and an overview of the new steel erection standard.
9:00 – 10:00 am OSHA Mock Inspection
Joan M. Spencer, CIH
Compliance Assistance Specialist
Occupational Safety and Health Administration
Tampa Area Office
Tampa, FL
This audience participation workshop will discuss how OSHA conducts inspections. Topics to be covered include employee interviews, union representation, abatement periods, informal conferences, the citation process and compliance officer investigations.
10:00 – 10:15 am Break
10:15 – 12:00 pm Crane Safety in the Workplace
Albert Haycraft
Crane Dispatcher and Safety Director
All Sunshine Crane Rental Corp.
Orlando, FL
This presentation will help eliminate the guesswork in crane safety. The speaker will concentrate on practical applications and solutions. Critical information will be provided to keep jobs running safely, smoothly, and in compliance. Some of the topics that will be covered include: crane failures and accident avoidance, use of rating charts, crane set-up, crane stability and structural competence, pick and carry operations, hand signals, calculating load weights and rigging gear inspections.
12:00 – 1:00 pm Lunch (on your own)
1:00 – 3:00 pm Using the Outreach Training Program to Efficiently and Successfully Fulfill Your Organization’s Safety Training Needs
Terry Lee, Ph.D.Director of Safety and Occupational Health
Proformance Plastering, Inc.
Orlando, FL
This session will cover the importance of an authorized outreach trainer, how to creatively utilize the requirements of the program to meet an organization’s safety training needs, and the present and impending ramifications of having employees participate in 10 and 30 hour safety training programs.
3:00 – 3:15 pm Break
3:15 – 5:00 pm 29CFR – Subpart L Scaffolds
Keith Brown
USF Consultation Program
Gainesville, FL
This presentation will cover the general requirements for the erection of the various types of scaffolds. The speaker will describe the requirements for scaffold platform construction, supported scaffolds, and suspension scaffolds.
Professional Employer Organization
(PEO) Breakout
1:00 – 4:45 pm
Hall of Cities - Los AngelesConvention Level
1:00 – 1:30 pm PEOs – The History and Legal Status
Abram Finkelstein
CEO
StaffLink Outsourcing
Plantation, FL
This session will address the history and legal status of Florida PEOs with a general discussion of: workers’ compensation, health insurance, unemployment and payroll tax implications. Chapter 468 of the Florida statutes will frequently be referenced.
1:30 – 2:30 pm PEO Best Practices - Client Risk Assessment
Phyllis Stockfisch
Cedar Hill Assurance
Smyrna, GA
As an alternative for smaller businesses ranging from 10 to 200 employees, PEOs have access to, and are involved in, more than just insurance products. They view a client from many different perspectives, all of which provide insight on how a business is run. Armed with this information, PEO Best Practices have been developed that prove effective in assessing the risk of prospective businesses. This session will discuss the specifics of Best Practices and how PEOs successfully identify better performing businesses.
2:30 – 2:45 pm Break
2:45 – 3:45 pm PEO Best Practices - Loss Prevention
David Carothers
Advantec Solutions
Tampa, FL
Many workers’ compensation carriers today have scaled back the services provided to policyholders, among them being loss prevention. While some businesses have the financial wherewithal to hire a full-time staff employee to perform these services, many are not in this position and the financial impact can be punitive. As such, these businesses that truly want to provide a safe work environment place their trust in PEOs. This session will focus on loss prevention Best Practices developed in a PEO model.
3:45 – 4:45 pm PEO Best Practices - Claims Management
Teresa Long
Unisource Administrators
Sarasota, FL
Jeff Rendel
Presidion Solutions
Palm Beach Gardens, FL
Phyllis Stockfisch
Cedar Hill Assurance
Smyrna, GA
PEOs have a direct interest in ensuring employees receive appropriate treatment and are returned to work promptly. While they do not adjust workers’ compensation claims, they are able to foster an effective partnership between a business and the carrier to facilitate the aforementioned objective. This program will discuss the role of a PEO in the claims environment and effective Best Practices developed over time.
4:45 – 5:00 pm Conclusion and Questions
7:00 – 2:00 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.
8:00 – 11:00 am Registration and Exhibit Hall Open
10:45 am Grand Prize Drawing inside Exhibit Hall
(Adjusters and Nurse Case Managers)
8:45 - 12:00 pm
Grand Ballroom VIIConvention Level
8:45 – 9:45 am
Medical School 101 for Adjusters (A little medical knowledge is a dangerous thing!?…not in this case)
Moderator (and Patient):
Nat Levine
The Family Practice Center
West Palm Beach, FL
Speaker:
Oregon Hunter, M.D.
Rehabilitation Medicine Associates
Ocala, Gainesville, and Inverness, FL
If you do not have a nurse as a partner and wish you had more medical knowledge, here is your opportunity to witness the physical examination of a claimant. Understand what tests and measurements are used in the exam and what they mean. Learn how the physician analyzes the conditions as he examines the patient. How might the physician first suspect a malingering claimant? If you ever wanted to ask a physician a question about an exam, but have been afraid to do so – don’t miss this one!
9:45 – 10:00 am
Break
10:00 – 11:00 am The Aging Workforce: Added Considerations for Successful Claims Resolution
Jesse Lipnick, M.D.
Rehabilitation Medicine Associates
Gainesville, FL
Barry Adams
Integrated Administrators, Inc.
Jacksonville, FL
This breakout is long overdue. The panel is comprised of a claims professional, whose major claim base concentrates on older workers, and an occupational medicine physician, who treats them. If you believe that a 60-year-old claimant and a 25-year-old claimant heal the same, this panel will open your eyes. The baby-boomer generation is upon us, and soon much of the workforce will be comprised of older workers. Older workers’ compensation claimants often have unrelated conditions such as diabetes, hypertension or heart problems. How do those conditions affect their claims for temporary total disability or permanent total disability? What about "major contributing cause" and "apportionment" issues? This panel will provide you with a peek into the future of claims adjusting as the working population gets older.
11:00 – 12:00 pm
Litigation of Medical IssuesCora C. Molloy
Attorney
Ft. Myers, FL
J. D. DiLorenzo
Attorney
Ocala, FL
This presentation begins with a discussion on medical necessity and then turns to the all-important question of "major contributing cause." The panelists will also discuss the current state of the law as it pertains to independent medical examinations (IME), second opinions and Expert Medical Advisors (EMA). For example, with the recent statutory changes, is there still the concept of an EMA in the law? Finally, the panelists will turn their attention to attorney’s fee entitlement and other problems associated with "late" medical authorizations.
Division of Workers’ Compensation
Training Sessions
9:00 – 12:00 pm Breakout Session I - Claims EDI Training for EDI Business and Computer Systems Analysts
Hall of Cities - Boston
Convention Level
Linda Yon
DWC EDI Coordinator
Tallahassee, FL
This three-hour session provides detailed training on claims EDI mandate requirements, and Rule 38F-56, Florida Administrative Code. This session covers the requirements for submitting the DWC-1, DWC-4, DWC-13, and DWC-49 electronically. It is recommended that a business knowledgeable person and a computer systems knowledgeable person from each organization attend together. Training will include EDI terminology, file formats, element/edit requirements, data definitions, and transmission options to thoroughly familiarize and prepare an organization for the upcoming claims EDI mandate requirements. It is recommended that an attendee have with them a copy of the Claims Release One EDI Implementation Guide from IAIABC, (see iaiabc.org), a copy of the Florida Claims EDI Implementation Manual dated 2002 and a copy of rule 38F-56, Florida Administrative Code.
9:00 – 12:00 pm Breakout Session II - Division Rule 38F-3 Workers’ Compensation Claims and 38F-56 Electronic Data Interchange (EDI) Technical Requirements
Hall of Cities - Atlanta
Convention Level
Welcome and Introduction:
Lloyd Harger
Division of Workers’ Compensation
Tallahassee, FL
Speaker:
Fred Becknell
Workers’ Compensation Specialist Supervisor
Bureau of Monitoring and Audit
Tallahassee, FL
This three-hour training session provides claim handlers and administrators with an update of changes made to Division Rule 38F-3 in regard to the filing of paper forms and the electronic format, as well. Some of the forms have been redesigned and some have been eliminated. Division Rule 38F-56 is a new rule, which sets the mandate for the electronic submission of all claim forms to the Division. The time frames for compliance with the mandate will be made available for the claim administrators.
Breakout on Employment Practices
8:30 - 11:50 am
Grand Ballroom VIIIConvention Level
Program Moderator:
G. Jeffery Vernis
Attorney
West Palm Beach, FL
8:30 - 9:20 am
OSHA Inspections: What are the Rights of an Employer?Patrick R. Tyson
Attorney
Atlanta, GA
What should the company do when an OSHA inspector shows up unannounced on the doorstep? Where can the inspector go? Who can be interviewed? What documents can be examined? Can OSHA videotape? This discussion of the inspection process and OSHA’s goals will stress how to cooperate and minimize OSHA exposure without jeopardizing collateral litigation defenses.
9:20 - 10:10 am Investigating Employee Misconduct
Diane Stanton
Attorney
Orlando, FL
Today’s employers find themselves in an untenable position regarding internal investigations of employees. A muriad of laws simultaneously require, then constrict, such investigations. This session will provide guidance through this maze of seemingly conflicting requirements. Risk managers in particular need to know what the "rules of the road" are for conducting internal investigations. This session will explain the new requirements for conducting background investigations imposed by amendments to the Fair Credit Reporting Act.
10:10 - 11:00 am The Fair Labor Standards Act: Many Traps for the Unwary
Steven Ellingson
Attorney
Atlanta, GA
This session deals with a general explanation of the Fair Labor Standards Act and new amendments/judicial interpretations of this very complicated part of the law. When are employees classified as exempt or non-exempt? (Especially relevant to the adjuster community.) What are the appropriate deductions from employee salaries? What are common overtime mistakes? These issues and others explaining this ever relevant law will be discussed.
11:00 - 11:50 am Workers’ Compensation Exclusive Remedy: An Update
John P. Daly
Attorney
Orlando, Florida
This breakout concerns the exclusive remedy provisions of the Florida Workers’ Compensation Act and instances where the employer can be sued while at the same time be required to pay workers’ compensation benefits to an injured worker. The provisions of Coverage B of a standard workers’ compensation policy will be discussed. Primary emphasis will be placed on new cases that have interpreted the exclusive remedy doctrine and national trends being seen.
9:00 – 11:00 am
Grand Ballrooms I, II, III & IVConvention Level
Moderator:
Mark Casteel
General Counsel
Florida Department of Insurance
Tallahassee, FL
Panel:
Senator Bill Posey
Chair, Senate Committee on Banking
and Insurance
Rockledge, FL
Representative Leslie Waters
Chair, House Committee on Insurance
Pinellas Park, FL
Stewart Colling
Attorney
Orlando, FL
Robert Wolfe, Jr.
Attorney
Maitland, FL
Michael Webb, M.D.
Occupational Medicine Physician
Ocala, FL
Steven Scott Stevens
Deputy Chief Judge
DOAH
Tallahassee, FL
Florida Workers’ Compensation Law is constantly in flux. The panel will discuss what passed and what did not pass this year in the field of Workers’ Compensation. This program always draws a standing room only crowd because the panel consists of persons who really know what is going on in Tallahassee politics.
Breakout on Longshore and Harbor
Workers’ Compensation Act
9:00 – 12:00 pm
Grand Ballroom XIIConvention Level
Moderator:
Robert L. Bamdas
Attorney
West Palm Beach, FL
Do you cringe when you hear the word "Longshore"? This seminar is designed to take the mystery out of the Longshore and Harbor Workers’ Compensation Act and the Jones Act. The discussion will be broken down into three one-hour sessions, which will start out with an overview of the Longshore Act and the Jones Act, and then concentrate on the administration of the Longshore Act by the U.S. Department of Labor. Substantive benefits under the Longshore Act and the Jones Act, a detailed explanation of jurisdictional parameters, and interactions between the Florida Workers’ Compensation Act, the Jones Act and the Longshore Act will also be discussed. Potential conflicts will be explored and methods of correct jurisdictional identification will be demonstrated. An explanation of a Longshore claim from filing through appeal will be covered as well.
9:00 – 10:00 am Overview of Longshore Act and Conflicts of Law
Charles D. Lee
District Director
Office of Workers’ Compensation Programs
U.S. Department of Labor
Division of Longshore and Harbor Workers’ Compensation
Jacksonville, FL
David C. Barnett
Attorney
Dania Beach, FL
Robert L. Bamdas
Attorney
West Palm Beach, FL
10:00 – 11:00 am Jurisdiction Under the Longshore Act and Jones Act
Robert L. Bamdas
Attorney
West Palm Beach, FL
Andrew C. Eckhoff
Attorney
Clearwater, FL
11:00 – 12:00 pm Overview of Benefits Under the Longshore Act
Christopher P. "Bo" Boyd
Attorney
Jacksonville, FL
Charles D. Lee
District Director
Office of Workers’ Compensation Programs
U.S. Department of Labor
Division of Longshore and Harbor Workers’ Compensation
Jacksonville, FL
Mediation Techniques
9:00 – 12:00 pm
Grand Ballrooms IX, X & XIConvention Level
Moderators:
Stuart F. Suskin
Gainesville, FL
Robert L. Dietz
Orlando, FL
Panelists:
Robert C. Cooper
Orlando, FL
Michael J. D’Agostino
West Palm Beach, FL
Gary E. Frazier
St. Petersburg, FL
Kristin M. DiVerniero
Daytona Beach, FL
Kathleen R. Hudson
St. Petersburg, FL
Patrick O. Helm
Gainesville, FL
E. Robert Williams
Jacksonville, FL
Mediation has become an integral part of the Workers’ Compensation system. All cases are mediated prior to hearing. This program will address tactics and strategies that have been employed by mediators to deal with difficult situations. Each panel member will discuss one or two challenging problems encountered in mediation and the techniques they employed to successfully get through a trying moment or ultimately resolve the dispute. A discussion will follow the panel members’ presentation. This program is targeted for mediators, attorneys and adjusters who are interested in methods or ideas for dealing with difficult mediations.
Pursuant to Administrative Order entered by Chief Justice Major B. Harding on 9/11/98 (effective 4/1/00), for certification renewal on or after 4/1/02, a minimum of 16 hours of Continuing Medical Education (CME) credits must be completed, which shall include a minimum of 4 hours of mediation ethics in each two year renewal cycle, including the two years following initial certification.
This 180 minute program is designed to provide 3.5 hours of Civil Continuing Mediation Training credit.
(Two separate breakout sessions each from 8:00 am – 12:00 pm)
8:00 – 12:00 pm
Breakout Session I - Ergonomic-Industrial Application Hall of Cities - MiamiConvention Level
Moderator:
Clarence Rodrigues, Ph.D., PE, CSP, CPE
Embry-Riddle Aeronautical University
Daytona Beach, FL
8:00 – 8:45 am
A Potpourri of Techniques for Assessing Exposures to Physical Risks for Work Related Musculoskeletal Disorders (WRMSDs)Robert E. Thomas, Ph.D., PE, CPE
Associate Professor of Industrial and Systems Engineering
Auburn University
Director of the Occupational Safety and Ergonomics Program
NIOSH Deep South Education and Research Center for Occupational Safety and Health
Auburn, AL
A variety of assessment techniques are available to assist the occupational safety and health practitioner in assessing the physical risks for developing WRMSDs. Ease of use of the techniques varies widely and reliability is often an issue. The speaker will address a series of these techniques and his experiences with them.
8:45 – 9:30 am
Web-based Training in Office ErgonomicsJeff Fernandez, Ph.D., PE, CPE
Executive Editor
International Journal of Industrial Engineering
News Editor
International Journal of Industrial Engineering
Editorial Board of Occupational Hazards
Engineering Manager
Exponent Corporation
Washington, DC
This presentation will cover some key issues of web-based training in office ergonomics. These include the background of ergonomics, cumulative trauma disorders, work place design principles, and workstation demonstrations.
9:30 – 10:15 am
Anthropometry 2002: Old Data, New Data, Measurement Standards and Data ApplicationLawrence John Henry Schulze, Ph.D., PE, CPE
Associate Professor in Industrial Ergonomics and Human Factors Engineering
Director of the NIOSH-Occupational Safety Engineering Program
Department of Industrial Engineering
University of Houston
Houston, TX
Anthropometric data has been used for many years for the design and specification of equipment, clothing and workspaces. However, most of the data was collected on military populations during the late 50’s and early 60’s from participant populations of ages between 18 and 24. Due to changes in levels of physical activity and diet, the U.S. population has become larger and more robust. The design and other implications of using existing data and the rationale for generating new data will be discussed in detail.
10:15 – 10:30 am Break
10:30 – 11:15 am Using the Lumbar Motion Monitor for Back-Injury Risk Assessments
Richard Wyatt, Ph.D., PE, CPE, CQE
Associate Director
AON Ergonomic Services
Huntsville, AL
Engineers, ergonomists and safety professionals are constantly confronted with discovering, evaluating, and implementing improved material handling strategies. This speaker describes the application of a tool that can be used to evaluate the dynamic motion in a job and its resultant injury risk. This tool, the lumbar motion monitor (LMM), allows you to more accurately predict the onset and severity of back injuries. The LMM can also assist in creating and documenting an improved risk reduction strategy. This session will describe the tool, its uses in analyzing back injury risk and several case studies of material-handling problems.
11:15 – 12:00 pm The Role of Workers’ Compensation Costs in Engineering Systems Improvement
Clarence Rodrigues, Ph.D., PE, CSP, CPE
Program Director
Occupational Health and Safety Degree Program
Embry-Riddle Aeronautical University
Daytona Beach, FL
This presentation will discuss the use of workers’ compensation costs to justify engineering projects. A workers’ compensation cash flow model will be discussed in which cash flow will be combined with cash flow savings (labor and/or cycle time savings) to increase a project’s rate of return. This technique can help justify projects that would have otherwise not made the financial grade set by a company.
8:00 – 12:00 pm
Breakout Session II - OSHA New Record Keeping StandardGrand Ballrooms V & VI
Convention Level
8:00 – 10:00 am
New Record Keeping StandardJoan M. Spencer, CIH
Compliance Assistance Specialist
Occupational Health and Safety Administration
Tampa Area Office
Tampa, FL
This presentation will cover the requirements of the new OSHA record keeping standard, 29 CFR 1904. Record keeping criteria and exceptions will be discussed. The workshop will also include exercises covering the new forms and calculations of the DART rates. A question and answer period will follow the session.
10:00 – 10:15 am
Break
10:15 – 12:00 pm OSHA’s Voluntary Protection Program (VPP) and Other Partnership Opportunities
Virgie Bain
Compliance Assistance Specialist
Occupational Safety and Health Administration
Ft. Lauderdale Area Office
Ft. Lauderdale, FL
This presentation will cover OSHA’s Voluntary Protection and Partnership Programs. The workshop is devised to answer questions about OSHA’s voluntary program and help the employer establish a safety and health program that meets the requirements of the VPP standard. The workshop will also look at ways that the employer or association may form a new partnership with OSHA.