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 20, 2004 – Sunday, August 22, 2004

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 20, 2004 – Sunday, August 22, 2004

8:00 – 5:00 pm

Hall of Cities – St. Louis, Convention Level

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

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.

Hall of Cities – Tampa

Convention Level

Grand Registration

Convention Level

Hall of Cities – Miami & New York and Grand Ballrooms I-VI

Convention Level

Barry University of Orlando

Florida A&M University

Florida Coastal Law School

Florida International University

Florida State University

Mercer University

Nova University

St. Thomas University

Stetson University

University of Florida

University of Miami

Jacqueline L. Blanton

Barbara B. Wagner

Richard A. Sicking

Mark L. Zientz

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.

Grand Registration Area

Convention Level

Crystal Ballrooms H - Q

Convention Level

James N. McConnaughhay

Steven A. Rissman

Special Awards:

Al Frierson - Lifetime Achievement Award

Ed Higby Memorial Volunteer of the Year Award

Helen Neubauer Memorial Scholarship Award

Crystal Ballrooms H - Q

Convention Level

FWCI Scholarship Presentation

J. David Parrish

Gerald A. Rosenthal

Friends of 440 Scholarship Presentation

Richard A. Sadow

Crystal Ballrooms, H - Q

Convention Level

Sam Friedman

Crystal Ballrooms H - Q

Convention Level

Stanton F. Long

As head of Workers’ Compensation for Marsh, Inc., Stan Long is in a unique position to comment on the trends impacting this critical and often politically controversial line of business. Among topics he will touch upon are the impact of legislative reform in key states such as Florida and California, the outlook for rates and the looming debate over whether to renew the Terrorism Risk Insurance Act, a key exposure to workers’ compensation carriers.

Crystal Ballrooms H - Q

Convention Level

Carl Hiaasen

(See General Information section.)

Palms Ballrooms

Convention Level

Lunch (on your own)

Crystal Ballrooms K, L & M

Convention Level

Jacqueline L. Blanton

Barbara B. Wagner

Richard A. Sicking

Mark L. Zientz

Honorable James R. Wolf, Chief Judge

Honorable Charles J. Kahn, Jr.

Honorable Joseph Lewis

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

M. Kemmerly Thomas

Raymond A. Lopez

Geoffrey Bichler

J. Eric Stiffler

Eli A. Franks

Case Law Update is one of the most important portions and the best attended programs of the Workers’ 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.

Hall of Cities – Boston, Atlanta, Anaheim

Convention Level

Marc Salm

Stanton F. Long

Employers are in a battle over the future of workers’ compensation. Will the emphasis be on work and productivity or on dependency and entitlement? At least 86% of the workers’ compensation dollar is consumed by the cost of claims, claim administration and risk control. Control the cost of claims and you control the cost of workers’ compensation.

For the enlightened employer, employing a strategy of aligning how your workers’ compensation claims are handled with your internal business objectives produces significantly improved results in the overall cost of your claims. This involves validating expenses and costs, maintaining integrity in the workplace, managing employee absence and turnover, improving productivity, and promoting the health and welfare of employees. These are all integral business objectives that employers must balance with maintaining the financial integrity of the organization and providing for a profit or adequate return to shareholders. These objectives can be integrated into a focused system of workers’ compensation claims management ultimately lowering costs while providing benefits to injured workers.

Honorable Dennis A. Ross

In 2003, the Florida State Legislature enacted broad reforms in workers’ compensation laws in response to demands for availability and affordability of workers’ compensation insurance. These changes affected all aspects of Florida’s workers’ compensation system, from attorneys’ fees to construction exemption requirements. Representative Dennis Ross chaired the Florida House Select Committee on Workers’ Compensation in 2003. In order to accomplish reforms that would enable a manageable and responsive workers’ compensation system in Florida, Representative Ross sought out data on a national scale. This program compares the reforms introduced in California, Texas and Florida as all three states hit "crisis" levels concerning high costs and lower benefits. The comparison addresses the primary reforms and the expected results.

Joanne Tesch

Workers’ compensation costs are increasing nationwide. This program will help you learn how Snap-on, Incorporated has reduced its workers’ compensation claims costs and the number of lost workdays by implementing a workers’ compensation management system and behavioral safety program focused on our commitment to an employee communication program, "Security on the Road to Recovery". This is an award-winning program. The session will provide actual examples, proof and outcomes of its experiences.

Jennifer Monrose Moore

John P. Daly

Risk Managers must be aware of the interplay between workers’ compensation laws and other potential claims and suits arising in the workplace. As the national trend toward reforming workers’ compensation continues, employees are becoming increasingly dissatisfied with available benefits. As a result, employees and their attorneys often attempt to circumvent immunity provisions and utilize other legal remedies for increasing recovery. Our panel will examine these other avenues, including employer liability (Coverage "B") lawsuits, retaliatory discharge actions and various discrimination claims available under state and federal law, and provide practical suggestions for minimizing exposure.

Grand Ballrooms I, II, III

Convention Level

Bruce Lester

Oregon K. Hunter, MD

Richard Dolsey, MD

Sanford M. Silverman, MD

As physicians receive more pressure to prescribe narcotics, lawsuits against physicians (for both prescribing and for not prescribing) are on the increase. This presentation will discuss pain and the associated legal and regulatory aspects of prescribing opioids. The problem of associated addiction and dependence on prescribed narcotics will also be addressed.

Robert J. Barth, PhD

Stanley J. Bigos, MD

Last year’s presentation by Dr. Barth was provocative, and many in the audience requested another presentation on evidence based medicine. This year, the emphasis will be on the most subjective of all phenomena – pain complaints. The topic will focus on what should be expected and demanded from doctors who are offering pain management services within workers’ compensation. Common pain management approaches will be reviewed with an emphasis on their scientific credibility.

Honorable Jonathan D. Ohlman

Alfred Deutschman

Inverness, FL

Tim Jesaitis

Information in medical reports is used to support or deny claims of injury and disability, compensation and treatment. This panel will discuss how the information contained in medical reports is analyzed and used by the claimant and the defense, and how the Judge of Compensation Claims interprets the medical evidence. A sample medical report will be analyzed. The discussion will include comments on the possible impact of the new law on injury claims.

Grand Ballroom IX & X

Convention Level

Stuart Brooks, MD

This session will identify the three most important occupational safety and health issues facing industry now and in the future. A thorough description of the economic impact of the occupational safety and health issues that are critical will be discussed. Attendees will gain a better understanding of the interventions and preventive approaches to the important occupational safety and health issues.

James McCluskey, MD, PhD(c), MPH

Dr. McCluskey will describe the issue of indoor air contamination including mold, water intrusion, volatile organic compounds, irritants and products of human activity. Also, the known and objective data about the health effects attributable to indoor air contamination, as well as, the health effects in susceptible populations will be discussed. Dr. McCluskey will explore methods to address the medical and personal concerns of patients and their employers.

Thomas Truncale, DO, MPH

During this session Dr. Truncale will describe and differentiate pulmonary diagnostic tests, the intended use and limitations of Peak Flow, PFTs and Methacholine Challenge Testing. The use and misuse of pulmonary radiologic imaging will also be discussed.

Grand Ballroom XI & XII

Convention Level

Joseph Roesler

What’s New! An update on what is going on in OSHA. Find out where OSHA enforcement will be focusing over the next year, and find out what has been going on in the State of Florida, the Southeast and the rest of the country. What is the regulatory agenda for the agency, and what new regulations have been promulgated over the past year. What new Partnerships and Alliances in Florida have been developed and how they are helping to promote workplace safety and health.

Vergie Y. Bain

OSHA enters into an extended, voluntary, cooperative partnerships with groups of employers, employees, and employee representatives in order to encourage, assist, and recognize their efforts to eliminate serious hazards and achieve a high level of worker safety and health. Alliances enable organizations committed to workplace safety and health to collaborate with OSHA to prevent injuries and illnesses in the workplace. OSHA and its allies work together to educate, and lead the nation’s employers and their employees in improving and advancing workplace safety and health. This presentation will describe what you and OSHA will need to do to be partners and describe the ways in which an organization can successfully establish an alliance with OSHA.

Joseph Roesler

The Occupational Safety and Health Administration is pleased with the advances being made to reduce workplace accidents, but still, too many workers are being injured on the job. The hazards injuring employees are the same hazards OSHA observes and cites during workplace inspections. This presentation will focus on the most frequently cited Federal OSHA standards for manufacturing and construction. For each of the items, a discussion of what employers need to do to comply with OSHA regulations will be discussed.

Richard E. "Rick" Sweet

This presentation will discuss the lesson’s learned and the benefits of the OSHA VPP Program from the chaos of preparation to the terror inflicted OSHA audit in determining if a program meets the standards set forth in this prestigious program. (Not really that terror is inflicted as most of it is self generated.)

Grand Ballroom XIV

Convention Level

John A. Palmer, CSP

This program will provide a brief introduction into various types of scaffolding and common safety issues. Topics include identification of various types of scaffolds, overview of basic safety requirements such as foundations, guardrails, toeboards, ladder access, and most common OSHA violations.

This session is also the first hour of the 8 hour certification class. Attendees who are attending the 8 hour class will remain in the room after attendees for the one hour only session are dismissed. Manual provided only to participants of the entire 8-hour course.

Part 2 of 2 on Tuesday, 8 - 12 p.m.

John A. Palmer, CSP

This 8 hour Competent Person presentation provides detailed instruction in scaffold hazard recognition including thorough discussion of OSHA regulations, manufacturers’ recommended assembly instructions, and the topics required by 1926.454 for three types of scaffolding: frame, tube & coupler, and system. Topics include foundations, fall protection, falling object protections, stability tieing, planking, safe access, loading, and step by step assembly procedures. A 300 page manual, testing, and certificate upon successful completion are included.

Note: This session is limited to 50 participants. Pre-registration is required. See registration form TO RESERVE YOUR SPACE FOR THIS SESSION.

Grand Ballroom XIII

Convention Level

Kenneth H. Jones, PhD

Behavior-based efforts have several elements. Each of these elements has stand-alone value, and when a complete system is put together, they become interdependent. The true power of behavior-based efforts to change behavior, attitudes, culture, and systems becomes apparent when each element is well thought out and designed and when the interdependency is clearly understood.

Successful S&H improvement efforts include well-defined roles for senior leadership, managers and supervisors, and shop floor employees. If any one of the leadership levels is neglected the initiative loses strength. Leaders at every level are critical to the success of the organization’s objectives. Still, many change initiatives stall because of failures in leadership. The reason is that many leaders do not really know what is required of them. They need to learn how to leverage their existing safety efforts and to know which concrete activities will further the organization’s goals.

Grand Ballrooms IV, V, VI

Convention Level

Sam Friedman

Bruce C. Wood

Nancy Schroeder

Marsha Harrison

Workers’ compensation has been a political flashpoint all around the country, with legislative reform efforts being one of the highest profile controversies in a number of key states, including Florida and California. This panel of insurance company association experts examines the success of reform efforts, and "handicaps" the possibility for further action across the nation. The panel will also look at the federal landscape, including predictions about the fate of the Terrorism Risk Insurance Act, which is due to expire soon.

Sam Friedman

Carl J. Mussenden

Nancy Brennan

Marcia DeWitt

The panelists examine how the industry is attempting to get a handle on the spiraling costs of workers’ compensation, beyond just passing legislative and regulatory reform. Included will be a discussion on how to contain the rising cost of attorney involvement in claims, skyrocketing drug expenses, as well as "hidden" losses, such as lost productivity. The panel will also offer "Ten Steps to Control Workers’ Compensation Costs".

Crystal Ballrooms G - Q

Convention Level

Caliente

Casual attire. Beverages & heavy hors d’oeuvres. Adults only, please. Refer to "General Information" section for information on Journey and Caliente.

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.

Palms Ballrooms

Convention Level

Crystal Ballroom H

Convention Level

Melissa Hinson

Minimally Invasive Rotator Cuff Repair

Randy S. Schwartzberg, MD

Work Related Repetitive/Overuse Trauma of the Foot and Ankle: Who Pays the Nickel?"

Joseph D. Funk, DPM

Current Concepts in Disc Disease of the Lumbar Spine

Steven E. Weber, DO

This symposium will focus on three different 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 rotator cuff tears and the arthroscopic technique of minimally invasive rotator cuff repair. The second portion of the symposium pertains to repetitive use injuries of the foot and ankle, how they are diagnosed, whether work is the major contributing cause of the injury, what symptoms are present and what the treatment options are. The last portion of the symposium is a practical discussion of the symptoms, diagnosis and treatment of disc disease, including case presentations that are designed to show the adjuster exactly what to expect when injured workers present with different symptoms and findings. This is not just a medical school presentation – it is specifically designed to help adjusters manage their claims. The symposium blends what a doctor says and what an adjuster must do in order to properly compensate claimants in workers’ compensation cases.

Lauchlin Waldoch

Jana E. McConnaughhay

John M. Williams

Over the last few years settling a case with a Medicare or Medicaid recipient or the beneficiary of other government benefits has become a scary proposition. This session will address the identification of these and other complicated cases and will teach the participant how to successfully settle these types of files quickly without fear of legal exposure in the future. Know what to do in settlements where a minor is involved or a claimant is incompetent. Learn the issues that arise for claimants, carriers and attorneys when Medicare, Medicaid or other entities have an interest in a case. Get updated on the most recent changes in the federally mandated Medicare Set-Aside program. This advanced session is beneficial to anyone involved in the settlement of Workers’ Compensation claims.

How do you settle a case and ensure that all parties are protected when complicated issues arise? Do you know the best and quickest way to handle a Medicare Set Aside? Do you know what to do when a minor is involved or you believe a claimant is incompetent? What issues arise for claimants, carriers and attorneys when Medicaid or another government entity has an interest in a case? All of the information you need to know on these topics and more will be addressed at this advanced session on settlements.

Marilyn Roofner

Jill Jacquin, MA, CAS, CEAP

The American multicultural workforce continues to grow and insurance professionals are realizing the importance of understanding the cultural and language needs of a non-English speaking claimant. Further, understanding the cultural values of a multicultural claimant is a necessary step to communicating effectively and treating the claimant with respect. The purpose of this course is to focus on developing the necessary cultural competencies through the use of a four step model that leads the participants to understand the dynamics involved in working with a multicultural claimant.

Maria M. Dayi

E. Louis Stern

Beverly K. Romine, CPCU

The Workers’ Compensation statute as amended in 2003, results in some of the most sweeping changes to claims’ management and cost containment. It also results in additional ethical responsibilities for adjusters. This presentation will discuss some of the new tools, challenges and ethical obligations contained in the 2003 Workers’ Compensation statute. In addition to helpful investigative tactics, the presenters will discuss the litigation "time line", the dispute resolution process, as well as the new defenses available with this statute, including the new standard for entitlement to permanent total disability benefits, issues surrounding the calculation of impairment benefits and defenses to temporary indemnity benefits. Suggestions will be made concerning ways to utilize the statute to empower claims’ handlers to manage medical benefits, even the use of the new consensus independent medical examiner and practice perimeters and protocols. There are new standards for compensability, for mental and nervous injuries, as well as a host of changes that involve exposure and occupational disease cases. Apportionment and fraud defenses have been enhanced. Come see this program which promises to be informative and interactive.

Steven A. Rissman

Gerald A. Rosenthal

Dawn Toman

At the very least, this session will be controversial – any serious discussion of attorney’s fees always is. This is the first year of a new statute designed to limit attorney’s fees to claimants’ attorneys. Is it working? What techniques work and which don’t? Is the $1,500 limitation a "hard cap?" What about the offer of judgment section of the statute? Is it constitutional? Can it be used effectively? There are a million questions and these three experienced presenters will give you answers or at least their own biased opinions.

Crystal Ballroom J

Convention Level

Maria C. Allen

Robert J. Barth, PhD

Last year, Dr. Barth presented two well received sessions. He has been invited back to speak on objectivity within healthcare science, this time with an emphasis on the most subjective of all phenomena – pain complaints. Dr. Barth will focus on what insurance adjusters should expect and demand from doctors who are offering pain management services within the workers’ compensation arena. Common pain management issues will be reviewed, with an emphasis on the status of their scientific credibility. Lastly, Dr. Barth will present a model for turning subjective pain complaints into objective data that allows for a scientifically credible healthcare response.

Jeff Taylor

Carolyn A. Corley

Kasey L. Cunningham

Ray Evans

Pamela Last

Scott H. Silver

As always, this is one of the premiere presentations of the entire convention. All of the claims’ professionals on this panel will present a detailed analysis of several workers’ compensation "hot topics". Moderator, Jeff Taylor will be your guide. Among the topics discussed will be indemnity benefits other than permanent total, how to disprove a new law permanent total claim, what is procedural and what is substantive, and in medical litigation – one time changes, IMEs and EMAs.

Nicole D. Ruocco

Karen McCarthy-Hawn

One of the most reformed areas of the new workers’ compensation law is that of the role of psychiatrists in treating injured workers. The reforms were designed to minimize the impact that a psychiatrist can have in a workers’ compensation claim. Temporary disability benefits were limited to six months in duration after physical maximum medical improvement and the highest psychiatric permanent rating that has to be accepted by an adjuster is one percent. Those were the statutory changes. What are the real-life consequences? If a claimant cannot get additional temporary total, can he get permanent total based upon what a psychiatrist has to say? What is the legal standard necessary to establish psychiatric causation? Does causation, once established, ever change? Does psychiatric temporary disability extend the 104 week period? Attend this session and hear the real story about whether psychiatrists are still having the same impact on workers’ compensation claims after October 1, 2003.

Joan M. Bruyntjens

G. Bradley Hall, Jr.

Major contributing cause, apportionment, practice parameters and standards of care all seem like great new tools to help manage your claims. Not only are they good tools, but you have the responsibility and obligation to use these tools to help mitigate medical costs. The age old question is how to get the information you need from the doctor. In this session, you will learn not only your legal obligations to obtain this information, but what to do when you get it. This is a practical "how to" session designed to help you ask the right questions, marshall the facts and get answers to your questions.

Suzanne M. Twigg

Robert J. Rodriguez

Workers’ compensation fraud is a growing problem in our industry. Robert Rodriguez will take us through the legal realm of facts, defenses, results, changes in the new law, penalties and fines, while Sue Twigg discusses fraud from the adjusters point of view or "when to hold ‘em and when to fold ‘em." Is there a time when you should settle the claim even if fraud is present or should you simply defend it in front of the Judge of Compensation Claims or even refer it out for prosecution? The case law has gotten more liberal, but does it apply in the real world or only in theory?

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

Grand Ballroom VII

Convention Level

Debra H. Pearce

Michael E. Nebel

Steven P. Kronenberg

Paul L. Westcott

Juan A. Bello

Rosemary B. Eure

This knowledgeable and skilled Strategy Session panel will discuss innovative techniques, new trends, recent decisions, and legislative changes (and challenges) that impact the prosecution and defense of workers’ compensation claims. The Hot Topics will include compensability, permanent total disability, medical benefits, psychiatric claims, settlements, attorney’s fees and interpretations of the new law.

Presented by the First District Court of Appeal

Honorable James R. Wolf

Honorable Charles J. Kahn, Jr.

Honorable Joseph Lewis

This is a new portion of the program. The judges of the First District will make presentations on brief writing, oral argument and appellate ethics. As always, there will be a discussion on some of the "pet peeves" and helpful advice by the judges. This session will include an open forum for questions and answers.

Debra H. Pearce

Mark L. Zientz

Patricia R. Sigman

Jonathan T. Levy

Cathleen A. Scott

This panel will discuss areas of litigation workers’ compensation practitioners must now recognize as a result of the sweeping amendments to the Workers’ Compensation Act. The interactive discussion of this panel will prepare practitioners to address these claims with clients and meet the challenges of a changing practice.

Crystal Ballroom G

Convention Level

Debbie Scott

Janice K. Gould

This presentation will provide an overview of the Medicare Secondary Payor statute and policies that were developed by the Centers for Medicare and Medicaid Services. The types of cases, the information necessary and the documentation that needs to be compiled for a successful submission to CMS will be addressed. The speaker will also discuss recent changes in the policies for approval of set-aside amounts.

L. Gray Sanders

In the past, obtaining medical information was simple. If you didn’t get it, you simply prepared a subpoena and sent it out. Now, it is one of the most challenging parts of discovery. Why is it hard to get the information? What can you do about it? Discover what is new under HIPPA so that your forms can be in compliance.

Honorable Thomas G. Portuallo

It seems like the Rules of Procedure change every year. Almost as much as the statute, the rules have a significant effect upon how pleadings are drafted and how a case is prosecuted and defended. Judge Portuallo will walk the participants through the rules explaining them and giving practical tips.

Grand Ballrooms IX, X, XI

Convention Level

April C. Brader

Betty Reid, RN, CCM

Robert P. Nantais, MD

Tendon overuse injury, or tendinosis, is a common orthopaedic complaint. If left untreated, tendinosis can become a chronic degenerative condition. This condition afflicts a diverse population, especially those who perform repetitive tasks. This presentation will discuss the diagnosis and treatment options for the population affected with tendinosis.

Darlene Winters

One of the hottest topics today pertains to protection of Medicare’s interest when workers’ compensation claims are settled. This presentation will provide a historical overview and then concentrate on the identification of the Med