Pre-Conference Offerings

Sunday, August 17

Wednesday, August 20

Registration

Pre-Conference Offerings

Chris Hopkins

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

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

Robin De Hate, MPH

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

Steven Wheeler

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

David Wheeler

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

Jeff Stachowiak

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

Elisa Roper

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

Sunday, August 17

Hawks Landing Golf Club at the Marriott World Center – Cart Staging Area (Registration for those not pre-registered, if space available)

Hawks Landing Golf Club at the Marriott World Center

Golf Tournament Luncheon in Florida

Ballrooms – Harbor Beach & Marco Island, North Tower, immediately following tournament.

Palms Ballrooms

Convention Level

Hall of Cities – Boston

Convention Level

Grand Registration

Convention Level

Hall of Cities – Atlanta and Anaheim

Grand Ballrooms I – VI

Convention Level

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

Jacqueline L. Blanton

Attorney

Barbara B. Wagner

Attorney

Richard A. Sicking

Attorney

Mark L. Zientz

Attorney

Monday, August 18

Grand Registration Area

Convention Level

Crystal Ballrooms H & J

Convention Level

James N. McConnaughhay

General Chairman

Steven A. Rissman

Program Chairman

Convention Level

FWCI Scholarship Presentation

J. David Parrish

Attorney

Gerald A. Rosenthal

Attorney

Friends of 440 Scholarship Presentation

Richard A. Sadow

Attorney

Program Chairman

Assistant Secretary

Crystal Ballrooms H & J

Convention Level

Sam Friedman

Publisher & Editor-in-Chief

National Underwriter – Property & Casualty/

Crystal Ballrooms H & J

Convention Level

Stephen W. Lilienthal, CPCU

Chairman and CEO

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.

Crystal Ballrooms H & J

Convention Level

Darrell Hammond

"Saturday Night Live"

Palms Ballrooms

Convention Level

Grand Ballrooms IX & X

Convention Level

Jacqueline L. Blanton

Attorney

Barbara B. Wagner

Attorney

Richard A. Sicking

Attorney

Miami, FL

Mark L. Zientz

Attorney

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.

Grand Ballrooms VII & VIII

Convention Level

H. George Kagan

Attorney

M. Kemmerly Thomas

Attorney

Raymond A. Lopez

Attorney

Geoffrey Bichler

Attorney

J. Eric Stiffler

Attorney

David J. Weissman

Attorney

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.

Breakout for Risk Managers

Convention Level

Frank Catapano

President

Paul J. Erickson, ARM

Senior Area Vice President

Carla S. Huddlestone

Area Vice President

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.

Paul Michael Viollis, Sr., MPA

Managing Director & Practice Leader

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.

Daniel J. Pliszka

Vice President

E. Nathan Crutchfield

Vice President

Stuart A. Frank

Senior Vice President

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.

Appellate Judiciary Breakout

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.

Thomas D. Hall

Clerk of the Court

Jon S. Wheeler

Clerk of the Court

Honorable James R. Wolf, Chief Judge

First District Court of Appeal

Honorable Peter D. Webster

First District Court of Appeal

Honorable Edwin B. Browning, Jr.

First District Court of Appeal

Breakout for Healthcare Providers

Convention Level

Oregon K. Hunter, MD

Rehabilitation Medicine Associates

Bruce Lester

President

Oregon K. Hunter, MD

Rehabilitation Medicine Associates

Jerry N. Fogel, MS, PT, CHCQM

President

Dorothy Clay Sims

Attorney

An FCE expert will advocate for FCEs and discuss their benefits. A claimant’s attorney will challenge the scientific basis of FCEs.

Robert J. Barth, PhD

Southeastern NeuoScience, P.C.

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.

Angel R. Diaz, MD

Center for Occupational Psychiatry of Florida

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.

Breakout on Workplace Safety

Grand Ballrooms XI, XII, XIII, XIV

Convention Level

Charlene Vespi, MS Ed

Robert Nesbit

John Henshaw

Assistant Secretary

John Howard, MD, MPH, JD, LLM

Director

Alan McMillan

President & CEO

Chicago, IL

Lisa Rotz, MD

Chief of Epidemiological Surveillance and Response Branch

Patricia Biles, MA

Workplace Violence Program Coordinator

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.

National Trends

in Workers’ Compensation

Convention Level

Sam Friedman

Publisher & Editor-in-Chief

Robert P. Hartwig, PhD, CPCU

Senior Vice President & Chief Economist

Robert G. Purdy

Zonal Executive Vice President

David Schrader

Senior Vice President INSTRAT

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.

Sam Friedman

Publisher & Editor-in-Chief

Bruce Wood

Assistant General Council

Marsha Harrison

Regulatory Affairs Manager

Gregory W. Heidrich

Senior Vice President, Secretary & Treasurer

Nancy Schroeder

Assistant Vice President

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.

________________________________________________________________________

Crystal Ballrooms G, H & J

Convention Level

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.

Tuesday, August 19

Palms Ballrooms

Convention Level

Breakout for Adjusters

Convention Level

G. Grady McBride, MD

Orlando Orthopaedic Center

Management of Common Foot and Ankle Injuries

Daniel L. Wiernik, DPM

Orlando Orthopaedic Center

ACL Injuries in Work Setting

Randy S. Schwartzberg, MD

Orlando Orthopaedic Center

Cervical Disc Problems: When to Operate, When Not To?

G. Grady McBride, MD

Orlando Orthopaedic Center

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.

Jeffrey I. Jacobs

Attorney

Richard H. Weisberg

Attorney

Michael "Mick" O’Brien

Attorney

Rene Lopez

Attorney

Suzanne M. Twigg

Oasis Outsourcing

Sandra DiRenzo

Crown, Cork & Seal

Kasey Cunningham

ACE USA

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.

Aaron Baharani

CultureQuest International

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.

Robert J. Rodriguez

Attorney

Joan M. Bruyntjens

FCCI Mutual Insurance Co.

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.

Jodi J. Jaffe

Attorney

Gay E. Marlin

AmComp/Pinnacle Benefits

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.

Breakout for Adjusters

Convention Level

Robert J. Barth, PhD

Southeastern NeuroScience, P.C.

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.

Jeffrey Taylor

Taylor Insurance Consulting

Maria M. Dayi

The Hartford Insurance Group, Inc.

Kim St. Jean

Claims Center/Summit

Wesley N. Brown

Travelers Insurance

Kristy L. Burch

Scott H. Silver

Attorney

J. David Parrish

Attorney

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".

Jill Keene

FCCI Insurance Company

Matthew D. Imfeld, MD

Central Florida Physiatrists, P.A.

Linda S. Bittner, RN, MSN, JD

CNA Insurance Company

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".

Cora C. Molloy

Attorney

Honorable Mily Rodriguez-Powell

Judge of Compensation Claims

Honorable Thomas G. Portuallo

Judge of Compensation Claims

Daniel A. Levenson

The Hartford

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.

Paul A. Herman

Attorney

Nancy Amee

Claims Center/Summit

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.

Breakout for Attorneys

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

David A. Spain

Attorney

Michael E. Nebel

Attorney

Ramon Malca

Attorney

Steven P. Kronenberg

Attorney

Stewart L. Colling

Attorney

Paul L. Westcott

Attorney

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.

Honorable John J. Lazzara

Judge of Compensation Claims

Honorable Paul T. Terlizzese

Judge of Compensation Claims

Honorable Robert C. McAliley

Judge of Compensation Claims

Honorable Laura Roesch

Judge of Compensation Claims

Honorable Jonathan D. Ohlman

Judge of Compensation Claims

This diverse judicial panel will address various workers’ compensation issues from trial, appellate and administrative perspectives.

Stuart F. Suskin

Mediator

David I. Rickey

Attorney

Tuwana J. McMillan

Attorney

Timothy J. Jesaitis

Attorney

Leo D. Gomez

Attorney

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.

(Immediately following Breakout for Attorneys, Grand Ballroom VII)

Breakout for Paralegals

and Legal Assistants

Convention Level

Debbie Scott

Legal Assistant

Suzanne Huston

Paralegal

Karen Payer

Paralegal

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.

David K. Beach

Attorney

Honorable Doris E. Jenkins

Judge of Compensation Claims

Teresa P. Williams

Attorney

Patricia A. Shiver

Amerisure Companies

David Diack, CLA

Paralegal

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.

Honorable W. James Condry

Judge of Compensation Claims

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.

Breakout for Medical Case

Managers/Rehabilitation Providers

Convention Level

Betty Reid, RN, CRRN, CDMS, CCM

Rehabilitation Advisors, Inc.

April C. Brader

Healthy Pathways, Inc.

Bruce G. Sundquist

American Re-Insurance Company

Dr. Kenneth Falchuk

Best Doctors, Inc.

Achieving optimal outcomes in high acuity and catastrophic injuries and illness is dependent upon accessing high levels of medical and administrative expertise. Employing premier expertise and evidence based processes has been shown to make profound improvements in clinical and financial outcomes. High acuity and catastrophic injuries and illness generally comprise 30% - 45% of an employers or insurers workers’ compensation and heath care costs. These can be reduced by over 25% through improved medical expertise and management processes.

R. Steven Allen, MS, PT

Regional Therapy Services, Inc.

Roy L. Nash, MPH, OTR/L

Regional Therapy Services, Inc.

Do you have workers’ compensation cases that are "stuck"? Do you wish for a way to determine when an injured worker is misrepresenting his/her condition? Is there a test the doctor, case manager and employer can count on to get valid and reliable answers to these questions, and useful information about a worker’s true abilities? This presentation will equip you to understand the validity and reliability of a Functional Capacity Evaluation (FCE). You will learn how to determine if an FCE report provides the information you need to achieve case resolution.

Karen D. McLin, Pharmacist

PMSI, Inc.

Mary B. Todd, Pharmacist

PMSI, Inc.

Utilizing a combination of a patient case scenario and didactic material, this interactive program will discuss addiction as a barrier in pain management, clarify the terminology used in pain management, and will discuss the role of opioid analgesics in the treatment of pain. In addition, the principles for using opioid analgesics will be provided along with recommendations to avoid pitfalls in chronic opioid therapy.

Grand Ballrooms IX, X, XI

Convention Level

Sandra Ondrus, RN, MHSA

District Supervisor

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 four hour session meets the requirement for providers to attend a workshop each two-year license renewal period, as specified in Rule 6A-22.002(2).

National Trends

in Workers’ Compensation

Convention Level

Jennifer Tomilin

Robert P. Hartwig, PhD, CPCU

Fritz Yohn

Dennis Mealy

Aaron D. Bueler

This wide-ranging panel discussion will provide attendees with a comprehensive report on where the workers’ compensation market stands in terms of coverage availability and affordability, the financial state of the industry, residual market growth, emerging exposures, and expense trends. The NCCI will provide a financial overview and analysis. Mr. Hartwig will provide a macroeconomic report on how changes in the economy have impacted the workers’ compensation market. Mr. Bueler will offer insights from the perspective of a leading reinsurance brokerage, while Mr. Yohn will identify areas of exposure growth and new opportunities.

Dennis Jay

Clayton Dukes

Norman Clinton

The urge to cheat on workers’ compensation is bad enough when times are good, but during a downturn, the temptation is even greater. Workers, fearful that a pink slip may be around the corner, may fake an injury or stay out longer than needed after an injury. Employers see profits plunge and workers’ compensation rates rise and look to cut corners wherever they can. Some misreport payroll, job classification or claims’ experience. And medical providers, faced with diminished incomes from HMOs and government health programs, look to make up the difference with padded bills to workers compensation carriers.

Are insurers up to the task of catching these frauds? Are government investigators and prosecutors, faced with their own cutbacks, able to handle the increased load in a declining economy? Learn from experts about the current landscape in the battle against workers’ compensation fraud throughout the United States, and the strategies fraud fighters are taking to reduce this crime.

Nancy Brennan

Vincent J. Armentano

Whether a white collar or a blue collar worker, a survey by The Hartford has found that employees, and even their supervisors, simply do not understand how the workers’ compensation system works, costing employers and insurers big time in terms of longer absences, lost productivity and higher claims’ expenses. Educating employees about workers’ compensation, and establishing a more proactive approach among supervisory staff, can reverse these trends, The Hartford contends. Mr. Armentano offers some of Travelers’ statistical studies that sketch a more effective environment for getting people back to work and off workers’ compensation more quickly and efficiently.

Vincent J. Armentano

James Kremer, ARM

Marcia DeWitt

Creative approaches on back-to-work efforts are outlined and their effectiveness measured. Mr. Armentano will provide statistics on back-to-work techniques, while Mr. Kremer and Ms. DeWitt will detail their unique programs to help cut workers’ compensation costs by returning injured employees to the workplace quickly.

Carl Van

Mr. Van provides practical advice on how to deal with angry, unreasonable claimants in person and on the telephone in a highly-interactive session with role-playing and prizes for participants. His presentation is both informative and very entertaining.

Breakout on Workplace Safety

(Five separate breakout sessions)

Crystal Ballrooms A & B

Convention Level

Greg Bachman

President

Bruce E. Lippy, CIH, CSP

Director

Construction workers responded quickly and heroically at the World Trade Center and Pentagon to help move debris and facilitate the rescue and recovery efforts. OSHA considers these "skilled support personnel" as temporary workers, but the heavy equipment operators, iron workers, carpenters, and laborers toiled in smoke and dust for months at Ground Zero. Compliance with respirator requirements was poor and fit testing came late. Consequently, half of the workers screened by Mt. Sinai continue to have respiratory symptoms. This session identifies the recent efforts by the National Institutes of Environmental Health Sciences (NIEHS) to improve the training of construction workers to respond to terrorist actions. NIEHS sees the OSHA HAZWOPER training as the best foundation course for these workers and is exploring fit testing trainees and providing them respirators. NIEHS is also evaluating the feasibility of a registry of these workers so local incident commanders can quickly access workers who are prepared to help save others, while protecting themselves.

Linda Sennett, JD

How your brain is wired to think can be expressed as a four-part model, termed the Whole Brain model. The Whole Brain model posits four thinking styles that represent two halves of the cerebral cortex—cognitive and intellectual ways of thinking—and two halves of the limbic system—visceral, structured and instinctive ways of thinking. Now Whole Brain technology has been specifically applied to the area of safety and health through Master Mind Safety Systems [M2S2]. This session will help you to: (1) Understand the mental preferences of individual workers; (2) Communicate safety and health information to them in their preferred quadrant(s) language; and, (3) Align employees to their work improving their chances to be happy, successful, productive, and safe.

Kathleen McPhaul, RN, MPH

Violence prevention training is recommended in the 1996 OSHA Guidelines for Violence Prevention in Healthcare and Social Services. Training, however, must be evaluated in an organizational context, which considers management commitment and employee involvement, risk assessment, hazard control, and evaluation. Systematic implementation of a comprehensive violence prevention program adhering to the OSHA guidelines is underway in a state mental health system. The baseline staff survey provides an opportunity to examine the role of training in preventing assaults prior to full-scale implementation of the OSHA Guidelines. This presentation will describe predictors of workplace violence in the psychiatric hospital setting and examine the relationship of training factors to employee reports of threats and assaults within the past year.

Mike McCarroll, CSP

The American workforce has changed dramatically in the last few years for many industries. Non-English speaking employees comprise a major portion of the work population in construction, poultry, agriculture, and many other industries. While language barriers present a special challenge for supervisors, this is by no means the only challenge. Differences in the way other cultures view things further compounds the issue. Many English speaking managers have not been trained in cultural diversity and find they are struggling to communicate vital safety and work instructions. This presentation will cover many issues related to managing in a cross-cultural workforce.

John Byrnes, D. Hum.

President & CEO

Winter Park, FL

Are you responsible for the safety of people in your organization? Isn’t it essential that we prevent a hazard as opposed to waiting to react to it?  If all we intend to do is to react to aggression, we will, eventually, be confronted with physical violence. Conventional approaches, such as Conflict Resolution and Anger Management, used currently to prevent workplace aggression and rage, are not working. Dr. John D. Byrnes, President of the Center for Aggression Management® and author of Before Conflict, Preventing Aggressive Behavior, has developed the means to identify, measure and manage aggression in others and ourselves before conflict occurs so that it can be prevented. Prevent aggression and you will increase productivity.

Patricia D. Biles, MA

Directorate of Enforcement Programs

This presentation will inform participants of what is being done by both Federal and State OSHA plans to address workplace violence. A definition of workplace violence, including the four major types used by the Occupational Safety and Health Administration to identify this problem, will provide insight into the complexities of identifying and addressing this issue. Participants will gain a better understanding of how workplace violence significantly contributes to death and injury in the workplace, and why it is such a significant safety and health hazard.

Lawrence J. H. Schulze, PhD, PE, CPE

In an attempt to bridge the gap between safety regulations published in English and provided to workers whose first language is not English, the present administration has developed a Spanish Language web page at OSHA.  In addition, the Department of Labor has pledged to increase its level of effort in addressing health and safety issues of ‘Hispanic’ workers.  One of the most important issues to address is the communication of information, originally developed in English, to Spanish speaking workers.  The only method by which this can occur is through translation.  Translation software has been developed which provides a literal translation of each word.  Further, words in one country of Spanish speaking origin may not be used or have the same meaning in another country of Spanish speaking origin.  In addition, regions within countries may not recognize individual words and/or phrases.  The fastest growing worker population in the Unites States today are workers who’s first language is Spanish.  The challenges to effective communication are presented and discussed.

Patricia Aldridge, MS

Manager, Conduct of Training

The importance of worker trainers to teach courses has been a staple of the HAZWOPER, Respiratory Protection, and Beryllium programs offered at the HAMMER Facility on the Hanford Nuclear Reservation for over five years. Worker instructors bring to the classroom the credibility of having worked in positions that deal with the hazards and equipment they are teaching about. For example, the experiences and knowledge of a person who has not only performed the work, but who also is suffering from the effects of beryllium exposure, lends credibility to instruction on beryllium. This session will discuss how training programs that are taught by workers help to increase safety, and improve the relationship between management and workers.

Crystal Ballrooms C & D

Convention Level

Lieutenant Colonel Donald F. Archibald, MS

U. S. Army

Lieutenant Colonel Donald F. Archibald, MS

U. S. Army

Discussing risk related issues since the events of September 11th has changed – in some ways, quite dramatically. Catastrophic events such as 9/11 permanently changed public perception. Correspondingly, risk communication strategies must adapt to the changes. Simply providing information to the media is no longer enough. This presentation discusses the changes in public awareness about bioterrorism, when and how we communicate, and who we need to communicate with.

Carol Merry Stephenson, PhD

Learn from NIOSH Emergency Response Experiences to identify potential barriers ahead of time. Dr. Stephenson will identify key components needing consideration when formulating an emergency response plan. Gain a better understanding as to why we should plan. Understand what can be done at local and national levels to prepare and respond effectively to emergency situations, and what sort of barriers were observed during NIOSH emergency response to bioterrorism attacks. Participants will gain valuable insight into lessons learned, enhancing ability to plan for and provide emergency response.

Major Anthony "Tony" S. Intrepido, CIH

The events of 9/11 initiated an emergency response that activated numerous federal, state, and local agencies, and demanded the nation’s attention. Bioterrorist attacks a month later involving letters and mail-handling systems in Washington, DC resulted in Bacillus anthracis (anthrax) spore contamination in the Hart Senate Office Building (HSOB) and four other facilities in the vicinity of the U.S. Capitol.  On September 11th and October 19th, the U.S. Army Center for Health Promotion and Preventive Medicine (CHPPM) deployed its Special Medical Augmentation Response Team-Preventive Medicine (SMART-PM) to augment these incidents with technical expertise and consultation. Major Intrepido will discuss the actions that SMART- PM took in response to these attacks, identify safety’s role in Homeland Security, and share Lessons Learned to enhance future strategies of participants responding to emergencies of this nature.

James D. McCluskey, MD

Preparation is key to protecting the safety and health of emergency responders and affected citizens, and education is the keystone to preparation. Are you prepared for a biological attack? Would you be able to differentiate the signs and symptoms of agents of bioterrorism? This presentation will increase participants’ knowledge of the characteristics of Type A, B, and C agents, and includes discussion of clinical forms, treatment, and vaccination options that apply to each.

Lisa D. Rotz, MD

BioTerrorism Preparedness and Response Program

This presentation will discuss the epidemiological and clinical features of smallpox and the characteristics that make smallpox virus a risk as a bioterrorism agent. A general description of smallpox vaccine will also be provided.

Catherine C. Carubba, MD

Early recognition of a potential patient infected by a bioterrorism agent is essential to institute public health measures to identify and isolate affected individuals, initiate treatment and inform law enforcement. These measures, in addition to the proper case management of the patient, is critical to protect other patients and the health care workers. This lecture will discuss the case management of patients potentially infected by a bioterrorism agent.

Thomas E. Bernard, PhD

The world in which emergency responders work has fundamentally changed since September 11, 2001. The scale of BioTerrorism events, their duration, and the range of hazards involved may result in many emergency responders taking on atypical tasks for which they may be insufficiently equipped and trained. Proper personal protection equipment is one barrier used against these threats; but is the equipment available? This presentation will discuss the types of personal protective equipment (PPE) available, discuss lessons learned from recent events, and the factors that should be considered when selecting PPE for use in biological/ chemical events.

Grand Ballroom XII

Convention Level

Bob Estep

Safety Manager

Keith R. Brown

This presentation will cover the basic electrical safety requirements that are necessary for the practical safeguarding of employees involved in construction work. Some of the topics to be discussed will include installation safety requirements, safety related work practices, safety related maintenance, inspections, and employee training.

Jeffrey Stachowiak

This presentation will include a hands on demonstration of safety during scaffold erection/dismantling, scaffold platform construction, competent person training, and inspection techniques. (Outdoor Demonstration.)

Henry J. Mykich

The revised OSHA steel erection standard became effective on January 18, 2002. OSHA delayed general enforcement until March 18, 2002. OSHA compliance officers are receiving training on interpretation and enforcement. This session will cover the requirements of this relatively new standard and discuss real life implementation of the standard on steel construction projects.

Paul P. McCain, PE, ISA

What is your liability as a municipality (or other owner) if you allow entry into confined spaces in your facility by contractors employees, inspectors, and others? After the preamble, multiple revisions to the standard over several years, the compliance directive AND ~ 80 Standard Interpretation Letters, how do OSHA’s confined space regulations really work? How do confined space safety regulations actually apply to the variety of unique and specific work place conditions at your facilities? This lively session will explore the "leading edge" in OSHA’s enforcement of confined space safety – current interpretation and application of regulations in general industry and in the construction industry explained in plain English.

Joseph R. Roesler

This presentation will focus on the requirements of the OSHA Fall protection standard, 29 CFR 1926, Subpart M. Mr. Roesler will discuss proper fall protection systems and practices, including the use of guardrails, safety nets, personal fall arrest systems, positioning devices, the components of a fall protection plan, and the need for training.

William "Bill" C. Fulcher

This presentation will discuss and highlight OSHA’s enforcement program in the Southeastern United States. It will look into several fatal and significant investigations, discuss OSHA’s findings, and explore why the employers were cited with violations.

Joe D. Cundiff, MA

This presentation will focus on the requirements of 29 CFR 1926 Subpart P. Soil characteristics, soil mechanics, soil classifications, and protective systems will each be discussed. Attending the session will increase participants’ knowledge of the standard and enable them to calculate the correct slope for each soil type, determine the appropriate protective system for different situations, and identify the responsibilities of a competent person.

Grand Ballroom XIII

Convention Level

T. Rodney Walls, CSP

Safety and Security Coordinator

Robert Nesbit

There are thousands of Florida small businesses operating without a safety plan. When 1,200 targeted Florida small businesses implemented a safety plan, the number of injuries and illnesses that resulted in lost workdays decreased by nearly 13% over pre-consultation values. These results were produced by applying the seven elements of safety planning. The seven elements include: management commitment and involvement; establishing a safety committee; safety and health training; first-aid procedures; accident investigation; recordkeeping procedures; and safety rules, policies, and procedures. Each of these elements will be discussed in this presentation.

Stuart M. Brooks, MD

There are more than 1,000,000 species of fungi, 200 different types to which people are routinely exposed. Occupational diseases are recognized in association with inhalation exposure to fungi, bacteria, and other organic matter, usually in very special industrial or agricultural settings. Despite voluminous literature on the subject, the causal association between non-allergic/respiratory complaints remains weak and unproven, particularly with respect to causation by mycotoxins. There is sufficient evidence of an association between fungal growth exposure and exacerbation of respiratory symptom in sensitized asthmatics. The absolute essential step for controlling fungal growth is to remove water from the environment. No other remediation effort will have lasting effects. Causal relationships and the health effects of exposure to certain molds in the workplace will be the focus of this presentation.

Vergie Y. Bain

This presentation will provide the practical applications to comply with the new initiatives, especially OSHA’s Initiative for the Spanish speaking worker. The attendees will know how to implement safety procedures to prevent occupational accidents and illnesses.

Shaun E. Stewart

This presentation will discuss comparisons between state and federal standards that regulate the maintenance of traffic on Florida roads. Discussion will include the Manual Uniform Traffic Control Devices (MUTCD); Maintenance of Traffic; who the laws affect; and what the Florida Department of Transportation (FDOT) and the Federal Highway Administration require.

Jeffrey C. Simon, MBA

Neenah, WI

This presentation will provide the attendee with a general introduction to the Federal Highway Administration’s regulatory requirements with recent or proposed changes including a summary of the Department of Transportation’s safety fitness evaluation procedures. Attendees will be able to determine their applicability to these regulations and assess their company’s current level of compliance.

Robert E. Pavlik, PhD, CIH

This session will define when a respirator is required and how to develop and implement a program that meets the OSHA standard. Upon completion of the presentation, attendees will be able to: 1. Identify the OSHA requirements for the establishment, maintenance, and monitoring of a respirator program 2. Select the proper type of respirator 3. Administer the requirements for medical evaluation and fit testing of employees.

William A. Tomlin, MS

This workshop addresses the most frequently cited hazards occurring in the General Industry setting. The program will include illustrations of the hazards to assist participants in learning to better identify areas of noncompliance. Mr. Tomlin’s energetic presentation style includes audience interaction, with the Top Ten Hazards being presented "David Letterman style."

Grand Ballroom XIV

Convention Level

Walter A. Malo

Orange County Sheriffs Department

Walter Sharpe

This presentation will include the following components of a successful emergency action plan: level of alert (notification and emergency response times); employee safety training; fire/emergency escape route signage; area floor captains; pre-established safe zones; and meeting areas.

Richard Sicking, P.A.

For employees, generally, the law has developed rules to separate those examples of heart disease and hypertension which are work-related and those which are not. Further, the law contains a provision that heart disease or hypertension suffered by firefighters and law enforcement officers is presumed to have been suffered in the line of duty. This presentation will discuss both aspects in terms of coverage under the Florida Workers’ Compensation Law.

Chris Hopkins

Participant will learn essential defensive driving techniques that can reduce collision-related costs, injuries, and fatalities. Companies can increase their bottom line by reducing insurance claims, lost work time and vehicle repairs by lowering the number of collisions.

Bud Stanley

Police officers are statistically more at risk of injury while driving than in any other part of their job. Cruiser crashes are an ever-present threat and a huge expense for many police departments. This session is focused on crash reduction. This program has saved money for every department that has used it!

Chris Hopkins

This course will help you fine tune your operating or instructor skills and refresh your understanding of safety operating procedures. If you are a relatively new operator, in addition to benefiting from the material presented, you will have the opportunity to learn from others’ experiences. Over 95,000 people are injured and millions of dollars are lost each year in forklift incidents. Highlights of the OSHA Standard will be covered as well as best practices needed to have a successful program.

Vicki Sharpe

Donald Kunish

When Congress passed the Clean Air Act Amendments of 1990, it required EPA to publish regulations and guidance for chemical accident prevention at facilities using extremely hazardous substances. The Risk Management Program Rule (RMP Rule) was written to implement Section 112(r) of these amendments. The rule, which built upon existing industry codes and standards (such as OSHA Process Safety Management), requires companies of all sizes that use certain flammable and toxic substances (such as chlorine and anhydrous ammonia) to develop a Risk Management Program, which includes hazard assessment, a prevention program, and an emergency response program. This session will enhance participants’ knowledge of this risk management program, help them determine if their facilities are subject to the RMP, and enable them to prepare for an on-site audit or inspection.

Walter A. Malo

Orlando, FL

Fleet operations are the heartbeat of any public sector and critically important to many private sector operations. This session will address the importance of not only maintaining the physical fleet but the fiscal fleet as well. Every year in excess of 40,000 lives are lost on our nation’s highways and more than 35% of the lives lost on the job occur behind the wheel. Vehicle collisions are at least 73% preventable and the losses associated with collisions are controllable. This session will discuss the methods available to both prevent collisions and control the costs associated with those collisions that cannot be prevented.

Professional Employer

Organization (PEO) Breakout

Convention Level

Dino A. Fabrizio

COO

Orlando, FL

Workers’ compensation is a substantial cost of doing business. It depletes money at a time that it should be devoted to your core business. This is especially so in the PEO industry. Understanding the cost drivers is the first step in wisely selecting strategies to minimize this cost. After first understanding the cost drivers, participants will be given the opportunity to discuss appropriate responses with particular emphasis on problems that arise in the PEO industry.

Greg D’Ambrossio

Director of Risk Management

Tampa, FL

Workers’ compensation market conditions for the PEO industry have over the years changed for the worse. There are several reasons one can surmise for the change but the most often talked about has been the lack of adequate PEO risk management practices, in particular, practices with respect to PEOs’ workers’ compensation coverage. In response to this problem, several PEOs, in conjunction with NAPEO, developed a set of Workers’ Compensation Best Practices for PEOs which has resulted in a certification program whereby PEOs can become certified by an independent institute. The certification program is a detailed process that ensures that a PEO is compliant with most or all of the Best Practices. Carriers gain a comfort level that certified PEOs are compliant with Best Practices. Participants in this session will learn about PEO Best Practices and how certification can be attained.

Charles D. Lee

District Director

Jacksonville, FL

With the variety of businesses in a PEO, one of the most challenging underwriting tasks is the ability to differentiate between exposures under the federal Longshore & Harbor Workers’ Act and state workers’ compensation liabilities. The difference in liabilities can be significant. The Longshore Act provides that benefits are payable if an accident occurs "upon the navigable waters of the United States." However, the Act does not otherwise define "navigable waters." This presentation will discuss the general jurisdictional standards for accidents that create Longshore liability, liabilities assumed by independent contractors and sole proprietors, exemptions from coverage, and enforcement of the Longshore Act on employers.

Wednesday, August 20

Palms Ballrooms

Convention Level

Breakout on Medical Issues

(Adjusters and Nurse Case Managers)

Grand Ballroom VII

Convention Level

Nat Levine

The Family Practice Center

Oregon Hunter, MD

Rehabilitation Medicine Associates

Do you know what the straight leg raising test is? What is a Tinnel’s sign? What tests and measurements are used in the physical exam of a patient? Witness an actual physical examination of a claimant. Learn what tests trigger the suspicion that the claimant is a malingerer. If you ever wanted to ask a physician a question about a physical exam – don’t miss this one again!

Nat Levine

The Family Practice Center

Hellena R. Scott-Okafor, MD

Rehabilitation Medicine Associates

Your claimant has been put through all the tests, exams, physical therapy and still, no resolution. So you decide on an IME. Follow the process of the IME physician. What does he or she examine? What is being looked for? How are conclusions arrived at? Witness the Independent Medical Examination in a step-by-step approach.

Marilyn Roofner, PT

Orlando Regional Rehabilitation Services

William J. Gilmour

BioMotion Technologies

When should FCEs be ordered? What will they show? How do you read the reports? How will they help you? What are the criticisms? Are they reliable? Are there different types and what’s new? Learn all about FCEs from a leading lecturer and provider of this service.

Division of Workers’

Compensation Breakout:

Division Updates

Convention Level

Gus Delaney

Chief

Fred A. Becknell

Workers’ Compensation Specialist Supervisor

Linda Yon

DWC EDI Coordinator

Lee A. Pease

Chief

Pat Johnson

Chief

Andrew Sabolic

Workers’ Compensation Policy Coordinator

This three hour session provides claim handlers and administrators with an update of changes, both administrative and procedural, within the Division of Workers’ Compensation. Highlights include: the status of electronic data interchange mandates, process changes in monitoring and auditing carrier practices, revisions in the dispute resolution process, compliance office updates and relevant rules changes.

Breakout on Legislation

Convention Level

Mark Casteel

General Counsel

The Honorable Bill Posey

State Senator, District 24

The Honorable Dennis Ross

State Representative, District 63

Stewart Colling

Attorney

Tanner Holloman

Director, Division of Workers’ Compensation

Claude Revels

Corporate Safety Director

Florida Workers’ Compensation Law is constantly in flux. The panel will discuss what passed this year and what did not 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

Convention Level

Robert L. Bamdas

Karen McCarthy-Hawn

FCCI Mutual Insurance Company

Karen E. Joyce

AIG Claims Services

For issue spotting purposes, it is important to recognize the general types of employers who will fall under the Longshore Act because of the type of work their employees do. Examples of employers who need to focus on Longshore are: large marinas; cruise ships; companies located in the ports; large boat retailers who also repair and service ships or build or assemble ships; marine construction companies engaged in marina, dry dock, bridge, jetty or pier expansion or maintenance; and dock and dredge companies.

Robert L. Bamdas

Attorney

Charles D. Lee

Dennis J. Fichtel

Claims Manager

This session covers the risks and penalties to the employer and carrier for not obtaining coverage under the Longshore Act including a discussion of civil and criminal sanctions for employers and potential waiver of tort immunity. Conflicts among agents, brokers, employers and carriers will be discussed.

Christopher P. "Bo" Boyd

Attorney

Shaun Mundy Aulita

The Zenith Insurance Company

This session will discuss the rights of the employer and carrier to obtain reimbursement where third parties are liable, as well as reimbursement to the employer and carrier from the "Special Fund" where the claimant suffers from a pre-existing permanent disability.

Breakout on Advanced Mediation

Techniques for Mediators,

Attorneys and Adjusters

Convention Level

Stuart F. Suskin

Robert L. Dietz

Evie Jo Kotsol

Melanie C. Jacobson

Michael G. Maida

Jere N. Chait

William H. Lore

N. Mark Becker

Jonathan D. Conant

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.

This 180 minute program is designed to provide 3.6 hours of general mediation education.

Breakout on Workplace Safety

Crystal Ballrooms A & B

Convention Level

Joan Spencer, MPH, CIH

Vergie Y. Bain

Compliance Assistance Specialist

OSHA Fort Lauderdale Area Office

Vergie Y. Bain

Compliance Assistance Specialist

OSHA Fort Lauderdale Area Office

This presentation will cover the requirements of the new OSHA recordkeeping standard, 29 CFR 1904. Recordkeeping criteria and exceptions will be discussed. The workshop will also include exercises covering the new forms and calculations of the new DART rates. A question and answer period will follow the session.

Joan M. Spencer, MPH, CIH

Compliance Assistance Specialist

OSHA Tampa Area Office

The session will cover the revisions of the bloodborne pathogen standard and its incorporation of the Needlestick Safety and Prevention Act passed by Congress in 2000. The presentation will focus on frequently asked questions about the standard.

Joan M. Spencer, MPH, CIH

Compliance Assistance Specialist

OSHA Tampa Area Office

The session will cover the outreach efforts and enforcement activities of OSHA’s National Emphasis Program on Nursing Homes. The presentation will focus on the five leading causes of injuries and illness in the nursing home industry. Hazards discussed will include resident handling, blood borne pathogen, tuberculosis, slips/trips/falls and workplace violence.

Crystal Ballrooms C & D

Convention Level

Charlene Vespi, MS Ed

Greg Bachman

Charlene Vespi, MS Ed

Public school administrators and city administrators deal with the responsibility for managing a wide range of departments. Their leadership styles can have a positive impact on reducing workers’ compensation claims. Injury prevention and intervention strategies will be discussed. This presentation will provide you with tools that can be used to assess your worksite and evaluate future prevention methods. The speaker will explain how your mission and vision for your work community can impact the way people feel about their work environment, indirectly reducing your workers compensation costs.

Nancy Engle

Playgrounds occupy a major role in the development of a child’s social, physical, and imaginative skills. With this in mind, one must realize that children will use playground equipment in ways that are intended, as well as in ways that are not. A slide will become a mountain to be scaled from the bottom up, and the wooden handrails along a path will become a high wire in the circus. For this reason, it is important to have a playground safety program in place. This presentation will benefit anyone involved with purchasing, installing, and/or maintaining playground equipment. It is also for individuals involved with design and/or renovation of public parks and playgrounds. This includes but is not limited to risk managers, safety professionals, city managers, department heads, parks and recreation facilities/grounds supervisors, and parks and recreation maintenance personnel.

Larry Barnet

The loss of construction equipment through theft makes your construction projects more expensive. The first person to get hit with the loss is the contractor. But eventually, the contractor’s loss is incorporated into their cost of doing business. When the lowest bidder includes a cost for equipment and construction material loss, who actually pays for the loss? As a public entity manager, you do! This presentation will help public entities (towns, cities, counties, school districts, etc.) ensure that contractors and sub-contractors maintain a complete security and loss control program while constructing buildings on behalf of a public entity.

Robert Nesbit

This presentation portrays the misconceptions about returning injured employees to work. Then, it lays out the steps for implementing a proactive approach to minimizing both the emotional and the economic impact of a workplace injury for all parties involved. These steps will significantly reduce all costs, both human and financial, associated with workplace injuries.

Crystal Ballrooms E & F

Convention Level

Clarence Rodrigues PhD, PE, CSP, CPE

Richard Wyatt PhD, PE, CPE, CQE

Behavioral Based Safety (BBS) processes focus on individual behaviors in the workplace that are at the very root of a high percentage for work-related injuries. Once the critical behaviors have been identified, the BBS process involves an observer/coach using positive behavior modification techniques to change employee behaviors. As the percentage of observed safe behaviors increases, the injury rate should decrease. It is important to incorporate ergonomics into a BBS process because a high percentage of the total work-related injuries in many organizations is due to "ergonomic-related" issues. Also, a high percentage of ergonomic solutions rely heavily on employee behavioral choices. This presentation covers various techniques for incorporating ergonomics into a BBS process, with examples of core ergonomic behaviors.

Clarence Rodrigues PhD, PE, CSP, CPE

Richard Wyatt, PhD, PE, CPE, CQE

The Strain Index is a job analysis tool to use for assessing work that may pose risks to the distal upper extremities. An ergonomic risk assessment method it is relatively quick and easy to use and effective in identifying and prioritizing jobs. The Strain Index relies on six task variables to generate a numerical rating system (Strain Index Score) that is objective and semi-quantitative. This topic will discuss these Strain Index variables, explain data collection procedures needed for theses variables, and outline sample calculations of the Strain Index Score together with their interpretations. Also included is a discussion on the applications of the Strain Index to job design.

Lawrence J. H. Schulze, PhD, PE, CPE

Associate Professor in Industrial Ergonomics and Human Factors Engineering

This presentation will discuss the practical applications of anthropometric data for the design and specifications of equipment, clothing, and workspaces. The sources of this data and the implications of using existing data or generating new data will also be discussed.

Breakout on Social Security

Grand Ballroom VIII

Convention Level

Timothy J. Jesaitis

Rafael Gonzalez

Confused about "past relevant work" and "substantial earning capacity?" In a quagmire between reverse offsets and collateral benefits? Terrified that you may one day need to calculate a Grice limitation? Fear no more! Ralph Gonzalez (the leading guide to the social security maze) and Tim Jesaitis (famous for making forms and offsets bearable) team up to clear up those confusing concepts surrounding the Social Security Administration, its reverse offsets in Florida, and the limitation of benefits announced in Escambia County v. Grice.