|
Breakout on Workplace Safety POSH - Principles of Occupational Safety and Health 8-Hour HAZWOPER Supervisor and Supervisor Refresher ASP Span International Training CSP Span International Training OSHA Required Competent Person Scaffold Training: Prevent an Accident, Avoid an OSHA Citation CAMEOfm: Computer-Aided Management of Emergency Operations "Filemaker" Training
Late Registration for Golf Tournament Moot Court Judges’ Luncheon (Judges only) Convention Registration & Information E. Earle Zehmer Moot Court Preliminary Rounds
E. Earle 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 (PEO) Breakout
Grand Prize Drawing inside Exhibit Hall Breakout on Medical Issues (Adjusters and Nurse Case Managers) Division of Workers’ Compensation Breakout: Division Updates Breakout on Longshore and Harbor Workers’ Compensation Act Breakout on Advanced Mediation Techniques for Mediators, Attorneys and Adjusters
Breakout on Workplace Safety (Each session from 8:00 a.m. to 5:00 p.m.) Pre-registration is required.
POSH - Principles of Occupational Safety and Health Chris Hopkins National Safety Council Orlando, FL
The Principles of Occupational Safety and Health (POSH) course is an introductory training program designed to assist participants in developing an understanding of basic occupational safety and health terminology, principles, and practices. The course is primarily geared to team leaders, middle managers, human resource personnel, safety and health committee members, and other employees who have recently been appointed to safety and health responsibilities or are seeking a refresher course in basic safety and health principles. Participants generally have limited training or experience in the area of safety and health.
Please sign up early - This class is limited to 20 students per instructor. The fee for this course is $600 per student, and includes all course materials.
Participants must attend all four days: Thursday, August 14, 2003 – Sunday August 17, 2003 8:00 – 5:00 pm Hall of Cities – Los Angeles, Convention Level
Robin De Hate, MPH Sunshine Education & Research Center University of South Florida Tampa, FL
This regulation is one of the most effective, all encompassing safety standards developed in the last twenty years. It is unique in that it requires more than just sitting in a classroom and listening to instructors. This rule requires certification that the employee can demonstrate the skills and competencies required by this rule. Certification will be documented by a written test and evaluation of a field exercise. A certificate of completion will be issued upon the successful completion of the course. The fee for this course is $55 per student, and includes all course materials.
This course will be available on two separate days: Thursday, August 14, 2003 8:00 – 5:00 pm Hall of Cities – New York, Convention Level -OR- Saturday, August 16, 2003 8:00 – 5:00 pm Hall of Cities – New York, Convention Level
8-Hour HAZWOPER Supervisor and Supervisor Refresher Robin De Hate, MPH Sunshine Education & Research Center University of South Florida Tampa, FL
This 8-hour refresher site manager training program was developed for employees intending to engage in work related activities at uncontrolled hazardous waste sites governed by the regulations promulgated by the Occupational Safety and Health Administration (OSHA). This training course complies with the OSHA requirements set forth in Title 29 Code of Federal Regulations, Part 1910.120(e).
The fee for this course is $55 per student, and includes all course materials.
This course will be available on two separate days: Friday August 15, 2003 8:00 – 5:00 pm Hall of Cities - New York, Convention Level -OR- Sunday, August 17, 2003 8:00 – 5:00 pm Hall of Cities – New York, Convention Level
ASP Span International Training Steven Wheeler Span International Training Nixa, Missouri
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. The course includes a scientific calculator for each student with instructions and exercises. Please sign up early - This class is limited to 20 students per instructor. 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.
Participants must attend all three days: Friday, August 15, 2003 – Sunday August 17, 2003 8:00 – 5:00 pm Hall of Cities – New Orleans, Convention Level
CSP Span International Training David Wheeler Span International Training Nixa, Missouri
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. The course includes a scientific calculator for each student with instructions and exercises. Please sign up early - This class is limited to 20 students per instructor.
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.
Participants must attend all three days: Friday, August 15, 2003 – Sunday August 17, 2003 8:00 – 5:00 pm Hall of Cities – St. Louis, Convention Level
OSHA Required Competent Person Scaffold Training: Prevent an Accident, Avoid an OSHA Citation Jeff Stachowiak Sunbelt Rentals Orlando, FL
This course qualifies as OSHA required Scaffold Competent person and user training. Discussion will include review of OSHA Subpart L 1926.451 regulations; analysis of accidents occurring on scaffolds; proper use of guardrails, planking, the height to base ratio, tie-offs, stair units, loading, rolling scaffolds, ladders and stairways, suspended platforms, aerial work platforms; and information you need to recognize hazards and to build a safe scaffold. Each student will receive a Subpart L pocket book, student manual, and a laminated wallet card of completion. The course also qualifies for 8 hours of CEU credit. Get training from the people who do it everyday.
There is NO FEE for this course. Seminar limited to 30 people, please sign up early.
Saturday August 16, 2003 8:00 – 5:00 pm Hall of Cities – Miami, Convention Level
CAMEOfm: Computer-Aided Management of Emergency Operations "Filemaker" Training Elisa Roper Environmental Protection Agency Atlanta, Georgia
The CAMEO suite is a user-friendly tool that provides fast, easy information for the public and private sectors. This 3-day hands-on course will explain how the CAMEO Suite (CAMEO/ALOHA/MARPLOT) can be an invaluable tool when preparing for or responding to chemical emergencies or providing emergency planning information on facilities in your community. CAMEO answers questions fast: What chemical; What hazards; How can you combat hazards; What protective clothing; How do you treat exposure? The course will also provide information on the ALOHA air modeling program for emergency planning, response and regulatory compliance. Additionally, MARPLOT mapping will be showcased to provide information for hazards analysis and risk management planning.
This course is designed to train emergency responders, emergency planners, academia, government officials, law enforcement officials, compliance personnel, safety officers, and industry personnel. There is NO FEE for this course.
Please sign up early - This class is limited to 30 students. Please bring your own laptop computer as we will be uploading the CAMEO software during this course.
Participants should plan to attend all three days: Friday, August 15, 2003 – Sunday August 17, 2003 8:00 – 5:00 pm Hall of Cities – Washington, Convention Level
7:30 – 8:00 am Late Registration for Golf Tournament Hawks Landing Golf Club at the Marriott World Center – Cart Staging Area (Registration for those not pre-registered, if space available)
8:00 – 1:00 pm Hawks Landing Golf Club at the Marriott World Center Golf Tournament Luncheon in Florida Ballrooms – Harbor Beach & Marco Island, North Tower, immediately following tournament.
12:00 – 6:00 pm Palms Ballrooms Convention Level
12:00 – 9:00 pm Shuttle Bus between The Marriott World Center, The Caribe Royale, and Premium Outlet Mall (Boarding Convention Entrance Marriott World Center & the Main Reception Building [the building in the forefront] of the Caribe Royale.) Refer to shuttle map & schedule on pages 46 & 47.
12:30 – 1:45 pm Moot Court Judges’ Luncheon (Judges only) Hall of Cities – Boston Convention Level
2:00 – 5:00 pm Convention Registration & Information Grand Registration Convention Level
2:00 – 5:00 pm E. Earle Zehmer Moot Court Preliminary Rounds Hall of Cities – Atlanta and Anaheim Grand Ballrooms I – VI Convention Level
Participants: Barry University of Orlando Florida Coastal Law School Florida State University Mercer University Nova University St. Thomas University Stetson University University of Florida University of Miami
Organizers: Jacqueline L. Blanton Attorney Sarasota, FL Barbara B. Wagner Attorney 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, The Caribe Royale, and Premium Outlet Mall (Boarding Convention Entrance Marriott World Center & the Main Reception Building [the building in the forefront] of the Caribe Royale.) Refer to shuttle map & schedule on pages 46 & 47.
8:00 – 5:00 pm Grand Registration Area Convention Level
9:00 – 9:15 am Crystal Ballrooms H & J Convention Level
James N. McConnaughhay General Chairman Tallahassee, FL
Steven A. Rissman Program Chairman Orlando, FL
9:15 – 9:30 am Scholarship Presentations Crystal Ballrooms H & JConvention 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 OSHA Speaker Steven A. RissmanProgram Chairman Orlando, FL
9:30 – 10:00 am Report From OSHA John HenshawAssistant Secretary Occupational Safety and Health Administration Washington, DC
10:00 am Introduction of Keynote Speaker Crystal Ballrooms H & J Convention Level
Sam Friedman Publisher & Editor-in-Chief National Underwriter – Property & Casualty/ Risk & Benefits Management Edition Hoboken, NJ
10:00 – 11:00 am Keynote Speaker Crystal Ballrooms H & J Convention Level
Stephen W. Lilienthal, CPCU Chairman and CEO CNA Insurance Companies Chicago, IL
The keynote presentation will discuss the trends that are raising the bar for workers’ compensation professionals, as well as the opportunities for adding more value to clients, claimants and your own organizations. As the leader of the fourth largest U.S. commercial lines insurer, Mr. Lilienthal is uniquely qualified to address the issues shaping the future of the workers’ compensation industry.
11:00 – 12:00 pm Comedy Keynote Address Crystal Ballrooms H & J Convention Level
Darrell Hammond "Saturday Night Live"
11:00 – 5:00 pm Palms Ballrooms Convention Level
Lunch (on your own)
1:30 – 2:30 pm E. Earle Zehmer Moot Court Finals Grand Ballrooms IX & X Convention 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 James R. Wolf, Chief Judge Honorable Peter D. Webster Honorable Edwin B. Browning, Jr.
This annual event is the final round of the moot court competition. The subject of this competition is a topic that is significant in the area of workers’ compensation.
2:00 – 5:00 pm Grand Ballrooms VII & VIII Convention Level
Moderator: H. George Kagan Attorney West Palm Beach, FL
Panel: M. Kemmerly Thomas Attorney Tallahassee, FL
Raymond A. Lopez Attorney Orlando, FL
Geoffrey Bichler Attorney Orlando, FL
J. Eric Stiffler Attorney Fort Myers, FL
David J. Weissman Attorney West Palm Beach, FL
Case Law Update is one of the most important portions and the best attended programs of the Worker’s Compensation Educational Conference. It’s no breakout – it’s the main event. This year, the panelists will discuss many of the major cases that have been decided in the last year by the Appellate Courts as they affect workers’ compensation matters. An analysis of the trends of the court and the law is also given, with the emphasis on the practical application of the case law to the handling of a workers’ compensation claim. This is a must attend presentation.
1:00 – 5:00 pm Hall of Cities – Boston, Atlanta, Anaheim Convention Level
Program Moderator: Frank Catapano President North Central RIMS Volusia County Risk Management DeLand, FL
1:00 – 2:30 pm ABC’s of Experience Rating Panelists: Paul J. Erickson, ARM Senior Area Vice President Arthur J. Gallagher & Co. Orlando, FL
Carla S. Huddlestone Area Vice President Arthur J. Gallagher & Co. Orlando, FL
Do you really know what is involved in experience rating? Learn from the experts as they discuss the nuts and bolts of experience rating including incentives for loss control and whether frequency is more important than severity. The panel will also discuss the various types of rating plans.
2:30 – 2:40 pm Break
2:40 – 3:40 pm The 21st Century Risk Manager Paul Michael Viollis, Sr., MPA Managing Director & Practice Leader Citigate Global Intelligence & Security Melbourne, FL
As the role of the risk manager continues to evolve in a changing global environment and the definition of "risk" in the workplace expands on almost a daily basis, the responsibilities of the risk manager in the 21st century will undoubtedly be re-written. From senior executives to municipal leaders, averting potential risks and responding effectively to dangerous incidents are primary agenda items for the risk manager to deliver. This presentation speaks to the new standard of care in providing a safe work environment, the various subject areas that will require appropriate policy formulation and implementation of current hard and soft wire solutions.
3:40 – 3:50 pm Break
3:50 – 5:00 pm Workers’ Compensation Cost Containment Panelists: Daniel J. Pliszka Vice President Marsh USA, Inc. Charlotte, NC
E. Nathan Crutchfield Vice President Marsh Risk Consulting Atlanta, GA
Stuart A. Frank Senior Vice President Marsh Risk Technologies Atlanta, GA
This session will focus on strategies to contain the cost of workers’ compensation claims with a focus on the managerial and technical aspects of cost containment. The containment of workers’ compensation costs combines the implementation of both art and science. The three speakers will use their extensive experience in the industry to examine case studies and provide examples of successful cost containment strategies from both the private and public sectors.
3:00 – 5:00 pm Grand Ballrooms, IX & X 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 appellate courts, discussing filings, numbers of cases, panels and caseloads. These individuals will also conduct an interactive session addressing topics involving workers’ compensation practice and procedures at the appellate level. 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" and helpful advice by the various judges. The session will include an open forum for questions and answers. This promises to be one of the highlights of the convention.
3:00 – 3:45 pm Overview of the Court Thomas D. Hall Clerk of the Court Supreme Court of Florida Tallahassee, FL
Jon S. Wheeler Clerk of the Court First District Court of Appeal Tallahassee, FL 3:45 – 5:00 pm View from the Court Including Questions and Answers Panel: Honorable James R. Wolf, Chief Judge First District Court of Appeal Tallahassee, FL
Honorable Peter D. Webster First District Court of Appeal Tallahassee, FL
Honorable Edwin B. Browning, Jr. First District Court of Appeal Tallahassee, FL
Breakout for Healthcare Providers
1:15 – 5:00 pm Grand Ballrooms I, II, IIIConvention Level
1:15 – 1:30 pm Welcome and Introductions Oregon K. Hunter, MD Rehabilitation Medicine Associates Ocala, FL
Bruce Lester President ConservCare, Inc. Orlando, FL
1:30 – 3:00 pm Functional Capacity Evaluations (FCEs) Moderator: Oregon K. Hunter, MD Rehabilitation Medicine Associates Ocala, FL
Panel: Jerry N. Fogel, MS, PT, CHCQM President ImagineClinical Senior Consultant Department of Financial Services Coral Springs, FL
Dorothy Clay Sims Attorney Ocala, FL
An FCE expert will advocate for FCEs and discuss their benefits. A claimant’s attorney will challenge the scientific basis of FCEs.
3:00 – 4:00 pm Medical Certainty Revisited Robert J. Barth, PhD Southeastern NeuoScience, P.C. Chattanooga, TN
Michael Webb, MD Medical Director, Integrated Administrators Chair, Florida Medical Association's Advisory Committee to the Three Member Panel Medical Director, USHealthWorks Ocala, FL
A number of medical conditions are frequently assumed to be, and reported as, work-activity or work injury related – yet the scientific evidence and medical literature would indicate that these conditions, in general, have not been conclusively established as occupational disorders. Carpal tunnel syndrome, chronic myofascial pain, fibromyalgia and reflex sympathetic dystrophy are specific and significant examples. Applying "evidence-based medicine", these conditions do not meet (with rare, individual exception) the requirements of "major contributing cause" and "reasonable degree of medical certainty." In this presentation, Dr. Barth, a "claim-savvy" practitioner, outlines the compelling medical evidence for these conclusions and empowers physicians with the scientific tools to make objective medical determinations relating to causation.
4:00 – 5:00 pm Psychiatric Casualties in Workers’ Compensation: Delusion or Reality? Angel R. Diaz, MD Center for Occupational Psychiatry of Florida Miami, FL
A psychiatrist will discuss the causal relationship of psychiatric injuries to workers’ compensation. Part two of this presentation will be medical case closure techniques to help mental health clinicians bring mental health issues to maximum medical improvement.
1:00 – 5:20 pm General Session – Emerging Safety and Health Issues Grand Ballrooms XI, XII, XIII, XIV Convention Level
Moderators: Charlene Vespi, MS Ed Florida Partnership for Safety and Health President Associate Director Environmental and Occupational Health and Safety USF SafetyFlorida Consultation Program College of Public Health University of South Florida Tampa, FL
Robert Nesbit Assistant Director Environmental and Occupational Health and Safety USF SafetyFlorida Consultation Program College of Public Health University of South Florida Tampa, FL
1:00 – 1:50 pm OSHA Current Issues and Future Plans John Henshaw Assistant Secretary Occupational Safety and Health Administration Washington, DC
1:50 – 2:40 pm NIOSH – Emerging Workplace Hazards John Howard, MD, MPH, JD, LLM Director National Institute of Occupational Safety and Health Washington, DC
2:40 – 3:30 pm Safety and Health Trends in the United States Alan McMillan President & CEO National Safety Council Chicago, IL
3:30 – 3:40 pm Break
3:40 – 4:30 pm CDC BioTerrorism Preparedness Initiatives Lisa Rotz, MD Chief of Epidemiological Surveillance and Response Branch Center for Disease Control BioTerrorism Preparedness and Response Program Atlanta, GA
4:30 – 5:20 pm Workplace Violence Update Patricia Biles, MA Workplace Violence Program Coordinator Directorate of Enforcement Programs Occupational Safety and Health Administration Washington, DC
Change is inevitable. As Safety and Health professionals, we must be as dynamic as the workplace environment we are responsible for. Each day we seek to create a safer, healthier, and more effective workplace for our employees. In order to achieve this goal, we must stay aware of the many changes to pertinent safety and health guidelines and regulations, and increase our knowledge of any emerging safety and health trends.
The Safety and Health General Session, entitled Emerging Safety and Health Issues, will feature five dynamic speakers, focusing on the actions each leading organization is taking to enhance the promotion of a value-added safety culture. Assistant Secretary John Henshaw, of OSHA; Dr. John Howard, Director of NIOSH; Lisa Rotz, of CDC; Alan McMillan, President of the National Safety Council; and Patricia Biles, of OSHA, will each share their knowledge of current issues faced by their respective departments, and provide possible solutions to barriers you face in achieving compliance, reduced injury rates, and an overall safer workplace.
in Workers’ Compensation Presented by The National Underwriter
1:00 – 4:15 pm Grand Ballrooms IV, V, VI Convention Level
1:00 – 2:30 pm Terrorism: Are Workers’ Compensation Insurers Still Running Scared?
Moderator: Sam Friedman Publisher & Editor-in-Chief National Underwriter Property &Casualty/ Risk & Benefits Management Edition Hoboken, NJ
Panelists: Robert P. Hartwig, PhD, CPCU Senior Vice President & Chief Economist Insurance Information Institute New York, NY
Robert G. Purdy Zonal Executive Vice President AIG/American Home Assurance Company Philadelphia, PA
David Schrader Senior Vice President INSTRAT Guy Carpenter & Company Seattle, WA
Last year, workers’ compensation insurers were in a deep funk because unlike many other commercial insurers, they had no choice but to continue covering terrorism exposures. They never had the option of excluding this new, potentially crippling risk. However, passage of the Federal Terrorism Risk Insurance Act offered some relief, both for acts of terrorism and war.
Despite that, the risk remains fearsome for employers with a highly concentrated group of employees in terrorism prone areas. How are workers’ compensation carriers coping with this exposure? Included will be a discussion and demonstration of predictive modeling to give insurers an idea of the exposures they might face. The panelists will also debate the impact of the federal terrorism insurance law on availability and affordability of coverage.
2:30 – 2:45 pm Break
2:45 – 4:15 pm National Legislative Trends in Workers’ Compensation
Moderator: Sam Friedman Publisher & Editor-in-Chief National Underwriter Property &Casualty/ Risk & Benefits Management Edition Hoboken, NJ
Panelists: Bruce Wood Assistant General Council American Insurance Association Washington, DC
Marsha Harrison Regulatory Affairs Manager NAMIC Indianapolis, IN
Gregory W. Heidrich Senior Vice President, Secretary & Treasurer Alliance of American Insurers Downers Grove, IL
Nancy Schroeder Assistant Vice President National Association of Independent Insurers Des Plaines, IL
This panel includes some of the leading experts in the national debate over workers’ compensation challenges, including legislation and regulation at both the federal and state levels. Among the topics—proposed changes in benefit levels, privacy rules and exposures, tort reform, efforts to control skyrocketing medical care costs, threats to exclusive remedy, and compliance with the Federal Terrorism Risk Insurance Act. The panelists will identify the hot issues and the key battleground states.
________________________________________________________________________ 7:00 – 11:00 pm Crystal Ballrooms G, H & J Convention Level
Featured Entertainment: Huey Lewis and The NewsOpening Act:
Blue Stone Circle
Casual attire. Beverages & heavy hors d’oeuvres. Adults only, please. Refer to "General Information" section for information on Huey Lewis and The News, and Blue Stone Circle.
7:00 – 12:00 am Shuttle Bus between The Marriott World Center, The Caribe Royale, and Premium Outlet Mall (Boarding Convention Entrance Marriott World Center & the Main Reception Building [the building in the forefront] of the Caribe Royale.) Refer to shuttle map & schedule on pages 46 & 47.
8:00 – 5:00 pm
9:00 – 5:00 pm Palms Ballrooms Convention Level
Program One
8:45 – 4:15 pm Crystal Ballroom H Convention Level
8:45 – 9:45 am Orthopaedic Solutions for Adjusters When Dealing With Injured Workers
Moderator and Speaker: G. Grady McBride, MD Orlando Orthopaedic Center Orlando, FL
Panel: Management of Common Foot and Ankle Injuries Daniel L. Wiernik, DPM Orlando Orthopaedic Center Orlando, FL
ACL Injuries in Work Setting Randy S. Schwartzberg, MD Orlando Orthopaedic Center Orlando, FL
Cervical Disc Problems: When to Operate, When Not To? G. Grady McBride, MD Orlando Orthopaedic Center Orlando, FL
This symposium will focus on areas that adjusters need to be aware of pertaining to orthopaedic care and management of injured workers. Through a series of focused presentations, participants will gain a deeper understanding of the decision making rationale that physicians use in formulating treatment plans for these work related injuries. The first part of this discussion will educate adjusters on the medical aspects of foot and ankle injuries, ACL injuries and cervical disc problems. But this is not just a medical school presentation, it is specifically designed to help adjusters manage their claims. How do you determine how much temporary disability is due? What impairment benefits are paid after cervical surgery? And most importantly, what does an adjuster need to know about these conditions in order to prevent a claim for permanent total disability. This topic blends what a doctor says and what an adjuster must do in order to properly compensate claimants in workers’ compensation cases.
9:45 – 10:00 am Break
10:00 – 12:00 pm Really Hard Cases: Exposure and Death Claims
Moderator: Jeffrey I. Jacobs Attorney South Miami, FL
Panel: Richard H. Weisberg Attorney Orlando, FL
Michael "Mick" O’Brien Attorney Orlando, FL
Rene Lopez Attorney Miami, FL
Suzanne M. Twigg Oasis Outsourcing Sarasota, FL
Sandra DiRenzo Crown, Cork & Seal Philadelphia, PA
Kasey Cunningham ACE USA Tampa, FL
In this presentation, the audience receives a bonus. Instead of concentrating on only one area of the law, this panel concentrates on two. Not only that, but they are probably two of the hardest areas that an adjuster has to cope with. One half of the panel discussion will be on death and dependency claims. Death claims present novel and difficult issues involving compensability, dependency and procedure. The panel consists of an experienced claims’ manager, a defense attorney and a claimants’ attorney. They will analyze the case law and tactics concerning such complicated issues as dependency, continuous disability and suicide.
But that is not all. What is an employer and carrier to do when they receive, in essence, a "class action" exposure claim? These are instances where there are literally dozens of claims filed against a specific employer, usually with one claimant’s lawyer and multiple claimants. The exposures may be exposures to chemicals or mold. Some cases present sizeable exposure and some just want diagnostics performed. These cases take a completely different mindset to analyze, defend and prevail. If you have ever had an exposure case to handle, you won’t want to miss this presentation.
12:00 – 1:00 pm Lunch (on your own)
1:00 – 2:00 pm Ethics: Cultural Diversity Aaron Baharani CultureQuest International Orlando, FL
Commonly now, an adjuster will be involved in claims where the claimant has a completely different background and maybe even speaks a different language than the adjuster. That presents a whole host of additional challenges. This is especially true in Florida where a substantial part of the working population does not speak English as its first language. The language and cultural differences must be considered by the adjuster if he or she wants to do a good job. The purpose of this course is to help the adjuster develop specific skills to facilitate the ability to respect, value and work within a culturally diverse environment.
2:00 – 2:15 pm Break
2:15 – 3:15 pm Compensability Issues Robert J. Rodriguez Attorney Coral Gables, FL
Joan M. Bruyntjens FCCI Mutual Insurance Co. Sarasota, FL
There is no area in the law of workers’ compensation with more interesting fact patterns than the area of compensability. Many of these accidents occur off the premises of the employer. Most employers don’t consider many of the cases compensable. Learn how to analyze going and coming cases, arising out of cases, dual purpose doctrine cases and traveling employee cases, among others. This session is designed to help adjusters and employers identify which cases are compensable and which cases are not.
3:15 – 4:15 pm Major Contributing Cause: All or Nothing Jodi J. Jaffe Attorney Ft. Lauderdale, FL
Gay E. Marlin AmComp/Pinnacle Benefits West Palm Beach, FL
Has the law on major contributing cause stabilized? What exactly does it mean? This presentation focuses on case law, analysis and tactics surrounding the doctrine of major contributing cause. The panelists will provide an analysis of the law and a discussion of "real life" consequences in adjusting claims; specifically, how to get the information you need from reading medical reports and questioning doctors.
Program Two
8:45 – 4:15 pm Crystal Ballroom J Convention Level
8:45 – 9:45 am Encouraging Doctors to be More Objective Robert J. Barth, PhD Southeastern NeuroScience, P.C. Chattanooga, TN
Given recent legal developments, workers’ compensation claims must now be based on, and managed according to, reliable healthcare science. "Junk" science is no longer acceptable. Unfortunately, documentation and testimony from doctors frequently fails to live up to this expectation. Subsequently, adjusters are often left without the scientifically credible healthcare information that they need in order to manage claims. The purposes of this presentation include teaching adjusters how to communicate with doctors about the need for scientifically credible objective information and how to request such information from doctors. The presentation will also address several areas of "junk science" that are currently playing a prominent role in the workers’ compensation system. Additionally, the presentation will provide an overview of many critical issues for which adjusters should be requesting objective evidence, rather than accepting subjective impressions from doctors.
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 M. Dayi The Hartford Insurance Group, Inc. Maitland, FL
Kim St. Jean Claims Center/Summit Lakeland, FL
Wesley N. Brown Travelers Insurance Orlando, FL
Kristy L. Burch Darden Restaurants Orlando, FL
Scott H. Silver Attorney Ft. Lauderdale, FL
J. 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 petitions for benefits, evaluating future medical and "what I didn’t understand until I became an employer".
12:00 – 1:00 pm Lunch (on your own)
1:00 – 2:00 pm Understanding Addiction: Medication and Litigation
Moderator and Speaker: Jill Keene FCCI Insurance Company Orlando, FL
Panel: Matthew D. Imfeld, MD Central Florida Physiatrists, P.A. Orlando, FL
Linda S. Bittner, RN, MSN, JD CNA Insurance Company Orlando, FL
Many workers’ compensation claimants are discharged by orthopaedic doctors as not having any objective findings, generally with a maximum medical improvement date and a 0% rating. At that point, instead of the claimant being out of the workers’ compensation system, many orthopaedic doctors say they can’t find anything objective, but refer the claimant to psychiatrists and pain management doctors. Medication is prescribed with regularity, and frequently, many more tests are done and blocks are performed. When there is a lack of objective findings, what can adjusters, employers and defense attorneys do to move the claimant out of the workers’ compensation system? What is the role of long term prescription medication, especially narcotic medicine, in prolonging the process when there is little in the way of objective findings. We have assembled this panel, including a claim person, a medical doctor who is not involved in surgery and a lawyer, who is also a nurse. It is the purpose of this panel to guide you through this maze and help you understand what you can do to "get these cases moving".
2:00 – 2:15 pm Break
2:15 – 3:15 pm Ask the Judges
Moderator and Speaker: Cora C. Molloy Attorney Ft. Myers, FL
Panel: Honorable Mily Rodriguez-Powell Judge of Compensation Claims Ft. Lauderdale, FL
Honorable Thomas G. Portuallo Judge of Compensation Claims Daytona Beach, FL
Daniel A. Levenson The Hartford Orlando, FL
Almost every adjuster says, at one time or another – "I sure would like to ask that question to the judge". Well, now you can! This panel is designed to include the judges’ opinions on such things as fraud, frivolous petitions, discovery issues and attorney’s fees. When a claimant’s lawyer serves a ten or fifteen page request to produce that covers thirty or forty sections, some relevant and some completely irrelevant to the claim, what does the judge require from the insurance company? This panel will delve into those issues questioning the judges on their views with the aide of a defense attorney and an adjuster. Another function of this panel will be to discuss the ethical issues concerned with fraud, frivolous petitions, discovery issues and attorney’s fees. It is the intent of this course to allow for one hour of ethics credit.
3:15 – 4:15 pm Closing Old Dogs: How to Keep Them From Barking Paul A. Herman Attorney Coral Gables, FL
Nancy Amee Claims Center/Summit Lakeland, FL
Cases don’t get better when they get older – they just get more expensive. Included in this topic is a discussion on how to settle old cases and techniques for getting them moving. These panelists will give you the benefit of their experience on what techniques to employ when trying to settle old permanent total claims, especially those with attendant care or high future medical costs. If you have ever had a case that wouldn’t close, you have got to see this presentation.
8:15 – 9:15 am Alumni Breakfasts Florida State University, College of Law Crystal Ballroom L, Convention Level University of Florida, College of Law Crystal Ballroom M, Convention Level Mercer University, College of Law Crystal Ballroom N, Convention Level University of Miami, College of Law Crystal Ballroom P, Convention Level
9:30 – 4:15 pm Grand Ballroom VII Convention Level
Program Moderator: David A. Spain Attorney Orlando, FL
9:30 – 11:00 am Strategy Session: Hot Topics
Moderator: Michael E. Nebel Attorney Orlando, FL
Panel: Ramon Malca Attorney Miami, FL
Steven P. Kronenberg Attorney Miami Lakes, FL
Stewart L. Colling Attorney Orlando, FL
Paul L. Westcott Attorney Ft. Pierce, 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: Honorable John J. Lazzara Judge of Compensation Claims Tallahassee, FL
Panel: Honorable Paul T. Terlizzese Judge of Compensation Claims Melbourne, FL
Honorable Robert C. McAliley Judge of Compensation Claims Port St. Lucie, FL
Honorable Laura Roesch Judge of Compensation Claims Panama City, FL
Honorable Jonathan D. Ohlman Judge of Compensation Claims Gainesville, 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: Stuart F. Suskin Mediator Gainesville, FL
Panel: David I. Rickey Attorney Orlando, FL
Tuwana J. McMillan Attorney Orlando, FL
Timothy J. Jesaitis Attorney St. Petersburg, FL Leo D. Gomez Attorney Tampa, 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.
4:30 – 6:30 pm Workers’ Compensation Section, Florida Bar: Annual Meeting Section Meeting and Elections (Immediately following Breakout for Attorneys, Grand Ballroom VII)
and Legal Assistants
9:00 – 12:00 pm Crystal Ballroom G Convention Level
Program Moderator: Debbie Scott Legal Assistant Orlando, FL
9:00 – 10:00 am The Nuts and Bolts of a Paralegal/Legal Assistant’s Role in Preparing for Trial in a Workers’ Compensation Case Suzanne Huston Paralegal Orlando, FL
Karen Payer Paralegal Orlando, FL
Most paralegals and legal assistants are involved in preparing a case for trial. Although there is no one right way to do this, there are a lot of tips that can make you more efficient. Learn from people who do this every day.
10:00 – 10:10 am Break
10:10 – 11:10 am Mock Trial Demonstration
Moderator and Speaker: David K. Beach Attorney Tampa, FL
Panel: Honorable Doris E. Jenkins Judge of Compensation Claims Tampa, FL
Teresa P. Williams Attorney Tampa, FL
Patricia A. Shiver Amerisure Companies St. Petersburg, FL
David Diack, CLA Paralegal Sarasota, FL
This is the end result of most everything that a paralegal or legal assistant does. Sooner or later, your client is going to end up in court prosecuting or defending a case. It is a lot easier for you to prepare the case for trial if you know exactly what happens during a trial. In this presentation, the participants will actually try a case. Come and learn.
11:10 – 12:00 pm What Does the Paralegal/Legal Assistant Need to Know About the Rules? Honorable W. James Condry Judge of Compensation Claims Orlando, FL
The Rules of Procedure have changed multiple times over the years. Most recently, they were amended effective February 23, 2003. The rules have a significant effect upon how pleadings are drafted and how a case is prosecuted and defended. Judge Condry will walk the participants through the new rules explaining the rules and giving practical tips.
Managers/Rehabilitation Providers
9:00 – 12:00 pm Grand Ballrooms IX, X, XI Convention Level
Welcome and Introductions Betty Reid, RN, CRRN, CDMS, CCM Rehabilitation Advisors, Inc. Winter Park, FL
April C. Brader Healthy Pathways, Inc. St. Petersburg, FL
9:00 – 10:00 am Achieving Optimum Outcomes in Catastrophic Cases Bruce G. Sundquist American Re-Insurance Company |