ASP Span International Training CSP Span International Training
Late Registration for Golf Tournament Moot Court Judges’ Luncheon (Judges only) Convention Registration & Information E. Earle Zehmer Moot Court Preliminary Rounds
E. Earle Zehmer Moot Court Finals Breakout for Healthcare Providers National Trends In Workers’ Compensation
Breakout for Adjusters, Program One Breakout for Adjusters, Program Two Breakout for Paralegals And Legal Assistants Breakout for Medical Case Managers/Rehabilitation Providers National Trends In Workers’ Compensation Professional Employer Organization (PEO) Breakout
Grand Prize Drawing Inside Exhibit Hall Breakout on Medical Issues (Adjusters and Nurse Case Managers) Division of Workers’ Compensation Breakout Breakout on Longshore And Harbor Workers’ Compensation Act Breakout on Advanced Mediation Techniques for Mediators, Breakout on Social Security, Medicare Set-Asides and Privacy
ASP Span International Training
Steven Wheeler Span International Training Nixa, Missouri
This specially offered course is designed for professional development training for safety practitioners. The curriculum is specifically designed for examination preparation for associate safety professionals and consists of three training days. Workbooks are provided with one specifically designed for self-study. The course includes a scientific calculator for each student with instructions and exercises.
Please sign up early - This class is limited to 20 students per instructor.
Registration for this 3-day ASP course, which includes the conference registration is $600.00. Registration for the 3-day ASP course only is $549.00. See the registration form for this course which is included in this booklet. Pre-Registration is required. Registration begins at 7:30 a.m.
Participants must attend all three days: Friday, August 20, 2004 – Sunday, August 22, 2004 8:00 – 5:00 pm Hall of Cities – New Orleans, Convention Level
CSP Span International Training
David Wheeler Span International Training Nixa, Missouri
This specially offered course is designed for professional development training for safety practitioners. The curriculum is specifically designed for examination preparation for certified safety professionals and consists of three training days. Workbooks are provided with one specifically designed for self-study. The course includes a scientific calculator for each student with instructions and exercises.
Please sign up early - This class is limited to 20 students per instructor.
Registration for this 3-day CSP course, which includes the conference registration is $600.00. Registration for the 3-day CSP course only is $549.00. See the registration form for this course which is included in this booklet. Pre-Registration is required. Registration begins at 7:30 a.m.
Participants must attend all three days: Friday, August 20, 2004 – Sunday, August 22, 2004 8:00 – 5:00 pm Hall of Cities – St. Louis, Convention Level
7:30 – 8:00 am Late Registration for Golf Tournament Hawks Landing Golf Club at the Marriott World Center – Cart Staging Area (Registration for those not pre-registered, if space available)
8:00 – 1:00 pm Hawks Landing Golf Club at the Marriott World Center Golf Tournament Luncheon in Florida Ballrooms – Harbor Beach & Marco Island, North Tower, immediately following tournament
12:00 – 6:00 pm Palms Ballrooms Convention Level
12:00 – 1:00 am Shuttle Bus between The Marriott World Center, The Caribe Royale, and Premium Outlet Mall (Boarding Convention Entrance Marriott World Center & the Main Reception Building [the building in the forefront] of the Caribe Royale). Refer to shuttle map & schedule.
12:30 – 1:45 pm Moot Court Judges’ Luncheon (Judges only) Hall of Cities – Tampa Convention Level
2:00 – 5:00 pm Convention Registration & Information Grand Registration Convention Level
2:00 – 5:00 pm E. Earle Zehmer Moot Court Preliminary Rounds Hall of Cities – Miami & New York and Grand Ballrooms I-VI Convention Level
Participants: 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
Organizers: Jacqueline L. Blanton Attorney Sarasota, FL
Barbara B. Wagner Attorney Ft. Lauderdale, FL
Richard A. Sicking Attorney Miami, FL
Mark L. Zientz Attorney Miami, FL
7:00 – 1:00 am Shuttle Bus between the Marriott World Center, The Caribe Royale, and Premium Outlet Mall (Boarding Convention Entrance Marriott World Center & the Main Reception Building [the building in the forefront] of the Caribe Royale). Refer to shuttle map & schedule.
8:00 – 5:00 pm Grand Registration Area Convention Level
9:00 – 9:15 am Welcoming Speeches and Special Recognitions Crystal Ballrooms H - Q Convention Level
James N. McConnaughhay General Chairman Tallahassee, FL
Steven A. Rissman Program Chairman Orlando, FL
Special Awards: Al Frierson - Lifetime Achievement Award Ed Higby Memorial Volunteer of the Year Award Helen Neubauer Memorial Scholarship Award
9:15 – 9:30 am Scholarship Presentations Crystal Ballrooms H - Q Convention Level
FWCI Scholarship Presentation J. David Parrish Attorney Winter Park, FL
Gerald A. Rosenthal Attorney West Palm Beach, FL
Friends of 440 Scholarship Presentation Richard A. Sadow Attorney Miami, FL
9:30 am Introduction of Keynote Speaker Crystal Ballrooms, H - Q Convention Level
Sam Friedman Publisher & Editor-in-Chief National Underwriter – Property & Casualty/Risk & Benefits Management Edition Hoboken, NJ
9:30 – 10:30 am Keynote Speaker Crystal Ballrooms H - Q Convention Level
Stanton F. Long Managing Director Marsh, Inc. New York, NY
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.
10:30 – 11:30 am Comedy Keynote Address Crystal Ballrooms H - Q Convention Level
Carl Hiaasen (See General Information section.)
11:00 – 5:00 pm Palms Ballrooms Convention Level
Lunch (on your own)
1:30 – 2:30 pm E. Earle Zehmer Moot Court Finals Crystal Ballrooms K, L & M Convention Level
Organizers: Jacqueline L. Blanton Attorney Sarasota, FL
Barbara B. Wagner Attorney Ft. Lauderdale, FL
Richard A. Sicking Attorney Miami, FL
Mark L. Zientz Attorney Miami, FL
Judged by First District Court of Appeal Honorable James R. Wolf, Chief Judge Honorable 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.
2:00 – 5:00 pm Grand Ballrooms VII & VIII Convention Level
Moderator: H. George Kagan Attorney West Palm Beach, FL
Panel: M. Kemmerly Thomas Attorney Tallahassee, FL
Raymond A. Lopez Attorney Orlando, FL
Geoffrey Bichler Attorney Orlando, FL
J. Eric Stiffler Attorney Fort Myers, FL
Eli A. Franks Attorney West Palm Beach, FL
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.
1:00 – 5:00 pm Hall of Cities – Boston, Atlanta, Anaheim Convention Level
Program Moderator: Marc Salm Director & Counsel Risk Management Publix Super Markets, Inc. Lakeland, FL
1:00 – 2:00 pm Strategic Alignment of Claim Administration Business Objectives: A Design for Improvement
Stanton F. Long Managing Director Marsh, Inc. New York, NY
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.
2:00 – 2:50 pm Workers’ Compensation in Florida, California and Texas: a Comparison of Reform at the Edge of Crisis
Honorable Dennis A. Ross Florida House of Representatives, District 63 Lakeland, FL
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.
2:50 – 3:00 pm Break
3:00 – 4:00 pm Controlling Workers’ Compensation Costs: It Can be Done!
Joanne Tesch Snap-on, Incorporated Pleasant Prairie, WI
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.
4:00 – 5:00 pm End Run Litigation: When Workers’ Compensation is Not Enough
Jennifer Monrose Moore Attorney Tampa, FL
John P. Daly Attorney Orlando, FL
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.
Breakout for Healthcare Providers
1:00 – 4:45 pm Grand Ballrooms I, II, III Convention Level
1:00 pm Welcome and Introduction
Bruce Lester President ConservCare, Inc. Orlando, FL
Oregon K. Hunter, MD Rehabilitation Medicine Associates Ocala, FL
1:00 – 2:00 pm Prescribing Opioids
Moderator: Richard Dolsey, MD Physicians’ Health Center Miami, FL
Speaker: Sanford M. Silverman, MD Comprehensive Pain Medicine Spinal Diagnostics & Therapeutics Pompano Beach, FL
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.
2:00 – 3:00 pm Medical Certainty Revisited (Again)
Moderator: Robert J. Barth, PhD Southeastern NeuroScience, P.C. Chattanooga, TN
Speaker: Stanley J. Bigos, MD Professor Emeritus Department of Orthopedics & Department of Environmental Health School of Medicine, School of Public Health University of Washington Seattle, WA
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.
3:00 – 3:15 pm Break
3:15 – 4:45 pm Medical Evidence: How Your Medical Reports Are Used as Evidence to Support or Deny Injury Claims
Honorable Jonathan D. Ohlman Judge of Compensation Claims Gainesville, FL
Alfred Deutschman Attorney Inverness, FL
Tim Jesaitis Attorney St. Petersburg, FL
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.
1:00 – 5:15 p.m. Breakout Session I Occupational Health Issues of Florida Presented by the University of South Florida and Sunshine Education and Research Center Grand Ballroom IX & X Convention Level
1:00 – 2:30 p.m. Occupational Safety and Health Issues Critical to Florida
Stuart Brooks, MD Sunshine Education and Research Center University of South Florida Tampa, FL
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.
2:30 – 2:45 p.m. Break
2:45 – 4:15 p.m. Examining Potential Health Effects of the Indoor Air Environment
James McCluskey, MD, PhD(c), MPH Sunshine Education and Research Center University of South Florida Tampa, FL
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.
4:15 – 5:15 p.m. Understanding the Utility and Limitations of Pulmonary Diagnostic Testing
Thomas Truncale, DO, MPH Sunshine Education and Research Center University of South Florida Tampa, FL
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. ___________________________________
1:00 – 5:15 p.m. Breakout Session II Grand Ballroom XI & XII Convention Level
1:00 – 2:00 p.m. OSHA Update
Joseph Roesler Compliance Assistance Specialist OSHA Jacksonville, FL
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.
2:00 – 2:15 p.m. Break
2:15 – 3:15 p.m. OSHA Partnerships and Alliances
Vergie Y. Bain Compliance Assistance Specialist OSHA - Fort Lauderdale Area Office Fort Lauderdale, FL
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.
3:15 – 4:15 p.m. Most Frequently Cited Standards for Manufacturing and Construction
Joseph Roesler Compliance Assistance Specialist OSHA Jacksonville, FL
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.
4:15 – 5:15 p.m. OSHA Voluntary Protection Program (VPP)
Richard E. "Rick" Sweet Safety Analyst NASA Kennedy Space Center, FL
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.) ___________________________________
1:00 – 5:00 p.m. Breakout Session III Grand Ballroom XIV Convention Level
1:00 - 2:00 p.m. Introduction to Scaffold Safety Awareness
John A. Palmer, CSP Scaffold Training Institute League City, TX
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.
1:00 – 5:00 p.m. Scaffolding (Part 1 of 2) (Certified & Certificated) Part 2 of 2 on Tuesday, 8 - 12 p.m.
John A. Palmer, CSP Scaffold Training Institute League City, TX
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. ___________________________________
1:00 – 5:00 p.m. Breakout Session IV Grand Ballroom XIII Convention Level
1:00 - 5:00 p.m. Leadership at All Levels of the Organization (Certificated) Kenneth H. Jones, PhD Behavioral Science Technology, Inc. Ojai, CA
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.
National Trends In Workers’ Compensation Presented by the National Underwriter
1:00 – 4:00 pm Grand Ballrooms IV, V, VI Convention Level
1:00 – 2:30 pm Workers’ Compensation Reform Progress Report
Moderator: Sam Friedman Publisher & Editor-in-Chief National Underwriter – Property & Casualty/Risk & Benefits Management Edition Hoboken, NJ
Panel: Bruce C. Wood Assistant General Counsel American Insurance Association Washington, DC
Nancy Schroeder Assistant Vice President Property and Casualty Insurers Association Of America Des Plaines, IL
Marsha Harrison Regulatory Affairs Manager National Association of Mutual Insurance Companies Indianapolis, IN
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.
2:30 – 2:45 pm Break
2:45 – 4:00 pm Putting a Lid on Out-of-Control Costs
Moderator: Sam Friedman Publisher & Editor-in-Chief National Underwriter – Property & Casualty/Risk & Benefits Management Edition Hoboken, NJ
Panel: Carl J. Mussenden Vice President of Workers’ Compensation Claims CNA Chicago, IL
Nancy Brennan Director of Product Development The Hartford - Specialty Risk Services Hartford, CT
Marcia DeWitt President and CEO GuilfordPare Baltimore, MD
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". ___________________________________
7:00 – 11:00 pm Crystal Ballrooms G - Q Convention Level
Featured Entertainment: JOURNEY
Opening Act: Caliente
Casual attire. Beverages & heavy hors d’oeuvres. Adults only, please. Refer to "General Information" section for information on Journey and Caliente.
7:00 – 12:00 am Shuttle Bus between The Marriott World Center, The Caribe Royale, and Premium Outlet Mall (Boarding Convention Entrance Marriott World Center & the Main Reception Building (the building in the forefront) of the Caribe Royale.) Refer to shuttle map & schedule.
8:00 – 5:00 pm
9:00 – 5:00 pm Palms Ballrooms Convention Level
Program One
8:45 – 4:15 pm Crystal Ballroom H Convention Level
8:45 – 9:45 am The Injured Worker and Orthopaedics: What’s New?
Introduction: Melissa Hinson Orlando Orthopaedic Center Orlando, FL
Panel: Minimally Invasive Rotator Cuff Repair Randy S. Schwartzberg, MD Orlando Orthopaedic Center Orlando, FL
Work Related Repetitive/Overuse Trauma of the Foot and Ankle: Who Pays the Nickel?" Joseph D. Funk, DPM Orlando Orthopaedic Center Orlando, FL
Current Concepts in Disc Disease of the Lumbar Spine Steven E. Weber, DO Orlando Orthopaedic Center Orlando, FL
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.
9:45 – 10:00 am Break
10:00 – 12:00 pm Settling Complicated Cases - Advanced Issues Impacting Negotiation and Settlement Structure
Moderator: Lauchlin Waldoch Attorney Tallahassee, FL
Panel: Jana E. McConnaughhay Attorney Tallahassee, FL
John M. Williams President and Chief Operating Officer Gould and Lamb, LLC Bradenton, FL
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.
12:00 – 1:00 pm Lunch (on your own)
1:00 – 2:00 pm Ethics: Cultural Diversity
Introduction: Marilyn Roofner Orlando Regional Rehabilitation Services Orlando, FL
Speaker: Jill Jacquin, MA, CAS, CEAP Head Shrink Consulting Oviedo, FL
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.
2:00 – 2:15 pm Break
2:15 – 3:15 pm New Law Tool Box: Build Your Defenses
Moderator: Maria M. Dayi The Hartford Insurance Group, Inc. Maitland, FL
Panel: E. Louis Stern Attorney Sarasota, FL
Beverly K. Romine, CPCU The Hartford Insurance Group, Inc. Maitland, FL
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.
3:15 – 4:15 pm What’s New With Attorney’s Fees – Plenty!
Moderator: Steven A. Rissman Attorney Orlando, FL
Panel: Gerald A. Rosenthal Attorney West Palm Beach, FL
Dawn Toman Agency Claims’ Analyst Claims Center Lakeland, FL
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.
Program Two
8:45 – 4:15 pm Crystal Ballroom J Convention Level
8:45 – 9:45 am Taking the Pain Out of Pain Management
Introduction: Maria C. Allen Vice President Corporate Claims Guarantee Insurance Company Lake Mary, FL
Speaker: Robert J. Barth, PhD Southeastern NeuroScience, PC Birmingham, AL/Chattanooga, TN
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.
9:45 – 10:00 am Break
10:00 – 12:00 pm Issues and Answers: Hot Topics
Moderator: Jeff Taylor Taylor Insurance Consulting Sarasota, FL
Panel: Carolyn A. Corley Travelers Insurance Company Orlando, FL
Kasey L. Cunningham ACE USA Tampa, FL
Ray Evans Liberty Mutual Insurance Group Tampa, FL
Pamela Last Claims Center Lakeland, FL
Scott H. Silver Attorney Ft. Lauderdale, FL
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.
12:00 – 1:00 pm Lunch (on your own)
1:00 – 2:00 pm Psychiatric Consequences: Are Psychiatrists On Their Way Out of Workers’ Compensation Claims?
Nicole D. Ruocco Attorney Orlando, FL
Karen McCarthy-Hawn FCCI Mutual Insurance Group Sarasota, FL
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.
2:00 – 2:15 pm Break
2:15 – 3:15 pm Communication With Physicians: What’s Up Doc?
Joan M. Bruyntjens FCCI Mutual Insurance Group Sarasota, FL
G. Bradley Hall, Jr. Attorney Sarasota, FL
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.
3:15 – 4:15 pm Fraud: You Can Never Know Too Much
Suzanne M. Twigg Oasis Outsourcing Sarasota, FL
Robert J. Rodriguez Attorney Miami, FL
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?
8:15 – 9:15 am Alumni Breakfasts
Florida State University, College of Law Crystal Ballroom L, Convention Level
University of Florida, College of Law Crystal Ballroom M, Convention Level
Mercer University, College of Law Crystal Ballroom N, Convention Level
University of Miami, College of Law Crystal Ballroom P, Convention Level
9:30 – 4:15 pm Grand Ballroom VII Convention Level
Program Moderator: Debra H. Pearce Attorney Port St. Lucie, FL
9:30 – 11:00 am Strategy Session: Hot Topics
Moderator: Michael E. Nebel Attorney Orlando, FL
Panel: Steven P. Kronenberg Attorney Miami Lakes, FL
Paul L. Westcott Attorney Ft. Pierce, FL
Juan A. Bello Attorney Vero Beach, FL
Rosemary B. Eure Attorney Sarasota, FL
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.
11:00 – 11:15 am Break
11:15 – 12:15 pm Appellate Practice Perspectives: A Breakout Presented by the First District Court of Appeal
Panel: Honorable James R. Wolf Chief Judge First District Court of Appeal Tallahassee, FL
Honorable Charles J. Kahn, Jr. First District Court of Appeal Tallahassee, FL
Honorable Joseph Lewis First District Court of Appeal Tallahassee, FL
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.
12:15 – 2:15 pm Lunch (on your own)
2:15 – 4:15 pm New Law and New Ethical Obligations: Do You Recognize Additional Areas of Litigation in Workers’ Compensation Claims?
Moderator: Debra H. Pearce Attorney Port St. Lucie, FL
Mark L. Zientz Attorney Miami, FL
Patricia R. Sigman Attorney Orlando, FL
Jonathan T. Levy Attorney West Palm Beach, FL
Cathleen A. Scott Attorney West Palm Beach, FL
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.
And Legal Assistants
9:00 – 12:00 pm Crystal Ballroom G Convention Level
Program Moderator: Debbie Scott Legal Assistant Orlando, FL
9:00 – 10:00 am Medicare Set-Asides: Putting it All Together
Janice K. Gould Executive Vice President Gould & Lamb, LLC Bradenton, FL
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.
10:00 – 10:10 am Break
10:10 – 11:00 am Workers’ Compensation Privacy Rights
L. Gray Sanders Attorney Tampa, FL
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.
11:00 – 12:00 pm What Does the Paralegal/Legal Assistant Need to Know About the Rules?
Honorable Thomas G. Portuallo Judge of Compensation Claims Daytona Beach, FL
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.
Breakout for Medical Case Managers/ Rehabilitation Providers
8:50 – 12:00 pm Grand Ballrooms IX, X, XI Convention Level
8:50 – 9:00 am Welcome and Introductions
April C. Brader Therapy and Sports Center, Inc St. Petersburg, FL
Betty Reid, RN, CCM Rehabilitation Advisors, Inc. Winter Park, FL
9:00 – 10:00 am Radiofrequency Based Micro-Tenotomy for Treating Chronic Tendinosis
Robert P. Nantais, MD Smith, Nantais & Swiggett, MD’s, PA St. Petersburg, FL
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.
10:00 – 12:00 pm Protecting Medicare and Workers’ Compensation Settlements
Darlene Winters Allsup, Inc. Belleville, IL
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 Medicare entitled individual, as well as when and how to protect the interest of Medicare.
12:00 – 1:00 pm Lunch (on your own) ___________________________________
Division of Workers’ Compensation Bi-Annual Recertification Course For Rehabilitation and Healthcare Providers Grand Ballrooms IX, X, XI Convention Level
1:00 – 5:00 pm Workers’ Compensation Reemployment Services Program (RES)
Sandra Ondrus, RN, MHSA Program Administrator Bureau of Rehabilitation and Reemployment Services 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 Presented by the National Underwriter
9:00 – 4:30 pm Grand Ballrooms III, IV, V, VI Convention Level
9:00 – 10:45 am State of the Market: What’s Happening and What’s Next in Workers’ Compensation?
Moderator: Sam Friedman Publisher & Editor-in-Chief National Underwriter Property & Casualty/Risk & Benefits Management Edition Hoboken, NJ
Panel: Dennis Mealy Chief Actuary NCCI Boca Raton, FL
Robert G. Purdy Zonal Executive Vice President AIG/American Home Assurance Company Philadelphia, PA
Robert P. Hartwig, PhD, CPCU Senior Vice President & Chief Economist Insurance Information Institute New York, NY
James B. Auden Senior Director Fitch Rating’s North American Insurance Rating Group Chicago, IL
Michael S. Carlino Senior Vice President Guy Carpenter & Company Hartford, CT
This wide-ranging panel discussion will provide a comprehensive overview of the financial health and future prospects of the workers’ compensation insurance market. Included will be a "dollars and cents" statistical view of the workers’ compensation industry’s performance and financial trends, a macroeconomic analysis of where the economy is going, predictions about capacity and pricing in the primary and reinsurance markets, as well as insights about the industry’s financial strength and ratings outlook.
10:45 – 11:00 am Break
11:00 – 12:00 pm Terrorism Update
Moderator: Sam Friedman Publisher & Editor-in-Chief National Underwriter Property & Casualty/Risk & Benefits Management Edition Hoboken, NJ
Panel: Robert P. Hartwig, PhD, CPCU Senior Vice President & Chief Economist Insurance Information Institute New York, NY
Jennifer Tomilin Vice President & Chief Underwriting Officer For Workers’ Compensation CNA Chicago, IL
Timothy P. Brady Managing Director Marsh, Inc. New York, NY
With the Terrorism Risk Insurance Act set to expire at year’s end, this is a very hot topic for workers’ compensation carriers because they cannot legally exclude terrorism exposures. Industry experts will offer a briefing on the political outlook for the act in Congress and the implications for insurers and reinsurers should the federal backup mechanism be abandoned. This discussion will also cover how the workers’ compensation industry has approached the terrorism exposure since 9/11.
12:00 – 1:00 pm Lunch (on your own)
1:00 – 2:15 pm How to Avoid Becoming a Workers’ Compensation Claimant Yourself: Handling Stress in Workers’ Compensation Claims
Carl Van President International Insurance Institute Gretna, LA
In this session, Carl Van gets the adrenaline flowing by offering one of his trademark interactive, role-playing exercises, demonstrating first hand to attendees not only how to handle angry claimants, but how adjusters and claims’ managers can avoid becoming a stress related workers’ compensation claimant themselves.
2:15 – 2:30 pm Break
2:30 – 3:30 pm The Web to the Rescue in Workers’ Compensation
Moderator: Vincent J. Armentano Vice President of Workers’ Compensation Claims Travelers Insurance Hartford, CT
Panel: Robert G. Purdy Zonal Executive Vice President AIG/American Home Assurance Company Philadelphia, PA
Randy Wheeler Valley Oak Systems, Inc. San Ramon, CA
This panel of technical experts explores how use of the internet is altering the workers’ compensation landscape, first from the perspective of a claims’ handler and next demonstrating what the web can do when it comes to selling coverage and offering loss control expertise online.
3:30 – 4:30 pm Fighting Fraud
Moderator: Vincent J. Armentano Vice President of Workers’ Compensation Claims Travelers Insurance Hartford, CT
John Powers Vice President/International Claims Specialist Kroll/In Photo Surveillance Chicago, IL
Dennis Jay Executive Director Coalition Against Insurance Fraud Washington, DC
The war on fraud is never ending. Two industry experts, who have fought on the front lines for years, talk about the effect of fraud on the workers’ compensation market and share some tips on how to combat this ever present problem. Following a presentation on the extent of fraud and its financial impact on the industry and on the overall economy, our speakers will discuss innovative as well as old-fashioned techniques to prevent fraud, including catching cheaters in the act.
8:00 – 5:15 p.m. Breakout Session I Occupational Health Issues of Florida Presented by the University of South Florida and Sunshine Education and Research Center Grand Ballrooms XII & XIII Convention Level
8:00 – 9:30 a.m. Yes, Heat Stress is a Hazard in Florida
Thomas Bernard, Ph.D., CIH Sunshine Education and Research Center University of South Florida Tampa, FL
Dr. Bernard will instruct attendees on how to recognize heat stress through a qualitative exposure assessment. He will also describe the basic requirements for a heat stress management program, and the rationale for administrative controls, e.g., work/rest cycles. Participants will become familiar with personal cooling and obtain knowledge of the effects of protective clothing.
9:30 – 9:45 a.m. Break
9:45 – 11:00 a.m. The Mold Scare: Facts and Myths
Rene Salazar, Ph.D., CIH Salazar Consulting Group, Inc. Tampa, FL
Upon completion of this session, participants will be able to understand the general characteristics and ecology of mold elements, the conditions conducive to the development of mold problems, and the basic exposure prevention strategies. Basic project remediation protocols will also be discussed. Current research and regulatory initiatives will be provided.
11:00 – 12:00 p.m. Occupational Musculoskeletal Disorders
Robert Haight, MD, MSPH Sunshine Education and Research Center University of South Florida Tampa, FL
The object of this presentation is to discuss: musculoskeletal disorders in general; some "overlooked fundamentals" of musculoskeletal disorders; and describe the basics of the relationship between musculoskeletal disorders and the work environment.
12:00 – 1:00 p.m. Lunch on your own
1:00 – 3:00 p.m. Forensic Evaluation of Occupational Claims of Chemical-Induced Injury
Raymond Harbison, Ph.D. Center for Risk Analysis and Management University of South Florida Tampa, FL
The objective of this presentation is to provide a methodology for objectively evaluating workplace claims of chemical-induced personal injury. A discussion of the scientific method will be provided. In addition, exposure claims and dose response relationships will be reviewed. The temporal eligibility and biological plausibility of workplace-induced injury will be described. Finally, an explanation for the phrase "Regulations Protect They Do Not Predict" will be provided.
3:00 – 3:15 p.m. Break
3:15 – 5:15 p.m. Basics of Industrial Hygiene
John Smyth, MSPH, CIH Salazar Consulting Group, Inc. Tampa, FL
This presentation will provide the attendee with an awareness of industrial health issues & applicable OSHA standards. In addition, Mr. Smyth will cover evaluation methodologies, control measures and the use of Industrial Hygiene data for personal protective equipment selection. ___________________________________
8:00 – 5:15 p.m. Breakout Session II Crystal Ballrooms A & B Convention Level
8:00 – 9:45 a.m. So You’re The Respirator Program Administrator - Now What?
Leo Hearn Scientia Solutions Jacksonville, FL
According to the Occupational Safety and Health Administration, a respiratory protection program must be managed by a "suitably trained program administrator." This presentation will use a case study approach to illustrate the many decision points faced by typical respirator program administrators. This session is designed to reinforce the skills necessary to function effectively as a respirator program administrator. The presentation will also be informative for respirator wearers, safety program managers, and safety professionals who audit these programs.
9:45 – 10:00 a.m. Break
10:00 – 12:00 p.m. Training, Training Training, Blasted Training! Supervisor On The Spot. Now what do I do?
Chris Hopkins HALO Safety Montverde, FL
Cathy Anton HALO Safety Clermont, FL
This course will cover how adults learn using didactic and interactive methods of training. Making a permanent change in your safety culture to produce a desired outcome. Goals, objectives and lesson plans. How to handle CAVE people and using various types of media. Making safety a profit center vs. a cost center. You may have butterflies but you can make them fly in formation.
12:00 – 1:00 p.m. Lunch on your own
1:00 – 2:00 p.m. Workplace Violence
Joan M. Spencer Compliance Assistance Specialist OSHA - Tampa Area Office Tampa, FL
Violence in the workplace is a serious safety and health issue. Its most extreme form, homicide, is the third-leading cause of fatal occupational injury in the United States. OSHA has developed guidelines and recommendations to reduce worker exposures to workplace violence. The presentation will focus on the development of a successful protective program and control strategy that can be implemented in a number of work settings.
2:00 – 3:00 p.m. Hearing Conservation
Joseph Roesler Compliance Assistance Specialist OSHA Jacksonville, FL
Every year, approximately 30 million people in the U.S. are occupationally exposed to hazardous noise. Fortunately, the incidence of noise-induced hearing loss can be reduced or eliminated through the successful application of engineering controls and hearing conservation programs. This presentation will focus on a successful hearing conservation program that can be applied to any business where noise hazards are present.
3:00 – 3:15 p.m. Break
3:15 – 5:15 p.m. Accident Investigations
Joan M. Spencer Compliance Assistance Specialist OSHA - Tampa Area Office Tampa, FL
Good accident investigators aren’t born... they’re trained! When accidents happen, the best way to ensure that they won’t recur is to complete a prompt and thorough investigation. OSHA is involved with thousands of accident investigations each year. This program defines what an accident is and provides accident investigation procedures a compliance officer may use during an accident investigation. ___________________________________
8:00 – 5:00 p.m. Breakout Session III Crystal Ballroom C Convention Level
8:00 – 5:00 p.m. Forklift Operation and Safety (Certified)
Christopher Smith President Crane Lift & Equipment Associates, Inc. Seminole, FL
OSHA requires operators to be trained on the specific type of forklift they operate. This 1-day course is designed for the users of industrial lift trucks and deals with the operation and hazards presented with these types of forklifts. Topics presented in this course will be: Regulations and Standards, Forklift Types, Attachments, Capacities Limitations, Id Plate, Pre-Operational Inspection, Stability Triangle, Center of Gravity’s, Load Handling, Dock Plates and Trailer Loading, Worksite Conditions, Hazard Environment Ratings, Fueling and Battery Charging, Overhead Powerlines, and Hands-On Operation and Evaluation (OSHA Required). One-half of this session will be classroom instruction and one-half will be "hands-on" training outdoors. A certificate will be issued upon completion of this course.
Note: Seating for This session is limited. Pre-registration is required. See registration form TO RESERVE YOUR SPACE FOR THIS SESSION. ___________________________________
8:00 - 12:00 p.m. Breakout Session IV Grand Ballroom XIV Convention Level
8:00 – 12:00 p.m. Scaffolding (Part 2 of 2) (Certified & Certificated) Part 1 of 2 on Monday, 1 - 5 p.m.
John A. Palmer, CSP Scaffold Training Institute League City, TX
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. ___________________________________
1:00 – 5:00 p.m. Breakout Session V Crystal Ballroom D Convention Level
1:00 – 5:00 p.m. Fall Prevention and Protection: What Have We Been Doing Wrong? (Part 1 of 2) (Certificated) Part 2 of 2 on Wednesday, 8 - 12 p.m.
Steve Johnson President Safety Training and Consulting Services, Inc. STACS, Inc. in co-operation with Miller Troll Training Ontario, Canada
This session reviews current and anticipated fall protection regulations. The session is accentuated by a drop test video demonstration showing proper methods of hook up and physical forces generated by falls. There will be a discussion of dos and don’ts of fall protection as well as a discussion of proper methods for inspecting and maintaining equipment.
Note: Seating for This session is limited. Pre-registration is required. See registration form TO RESERVE YOUR SPACE FOR THIS SESSION. ___________________________________
1:00 - 5:00 p.m. Breakout Session VI Grand Ballrooms XIV Convention Level
1:00 - 5:00 p.m. Department of Transportation (DOT) Revised Hours-of-Service Regulations/Transportation Accident Loss Sources (Certificated)
Robert West Crum&Forster Morristown, NJ
For several years, the Federal Motor Carrier Safety Administration (FMCSA) has been discussing revision of the hours-of-service (HOS) regulations for truck drivers. In response to a congressional directive, FMCSA promulgated new rules to create the most significant changes in HOS regulations in 60 years. This session will discuss those changes, which were effective January 4, 2004.
This session will also include an overall picture of the transportation accidents that plague this industry; as well as discuss how your company can impact auto accident loss sources. Also covered will be the authority and focus of the regulatory agencies.
Note: Seating for This session is limited. Pre-registration is required. See registration form TO RESERVE YOUR SPACE FOR THIS SESSION. ___________________________________
8:00 - 12:00 p.m. Breakout Session VII Crystal Ballroom D Convention Level
8:00 - 10:00 a.m. Saving Insurance Dollars Through Fire Code Application
Buddy Dewar National Fire Sprinkler Association Tallahassee, FL
Are we constructing fire safe buildings? This presentation discusses past and current code practices with respect to code allowed cost-saving alternative construction practices. Real world examples of cost-effective code applications will be presented. This two hour block will cover the typical errors of judgment when designing and building new structures and is intended for the risk manager, safety professional, insurance adjuster or anyone who needs to know the insurance and construction economic implication of code alternative selection. Those attending this presentation will leave with an understanding of code application practices that will save construction and insurance dollars as well as minimizing fire safety risks in the building environment.
10:00 - 10:15 a.m. Break
10:15 - 12:00 p.m. Inspection, Testing and Maintenance of Water-Based Fire Protection Systems
Buddy Dewar National Fire Sprinkler Association Tallahassee, FL
This session describes the responsibility of the owner, contractor and authority having jurisdiction in maintaining a working water based fire protection system. Special focus will be provided on the unique and sometimes controversial provisions of the Inspection, Testing, and Maintenance Standard NFPA 25. This session provides the attendees with the understanding of the need and requirements to inspect test and maintain a fire protection system and will familiarize participants with procedures for inspecting, testing and maintaining each system.
Professional Employer Organization (PEO) Breakout
8:30 – 12:30 pm Grand Ballroom II Convention Level
8:30 – 10:10 am The Professional Employer Organization and Liability Under the U.S. Longshore & Harbor Workers Act
Charles F. Coffey, III Claims Examiner U.S. Department of Labor Office of Workers’ Compensation Jacksonville, FL
Walter Herman Claims Examiner U.S. Department of Labor Office of Workers’ Compensation Jacksonville, FL
The varied liabilities assumed by a PEO for activities of their client companies is never more daunting than considering assumed responsibilities for paying benefits to injured workers under the USL&H Act on an incidental basis. You may think your responsibilities are under a state workers’ compensation act when in fact you may have unknowingly agreed to pay Federal benefits. From this approximate two hour session, attendees will begin appreciating and will take away a better understanding of when the Longshore Act applies versus state workers’ compensation laws. What kind of questions do you need to be asking your client companies about their work activities now and planned for the future to ensure that you, as a PEO, are assuming intended responsibilities. (And perhaps most importantly, collecting appropriate premiums.) This session is an absolute must for PEOs that have client companies doing business in coastal areas or around navigable waterways.
10:10 – 11:00 am Identifying and Investigating Fraud
Todd Harris President Complete Claims Services, Inc. Jacksonville, FL
Brad Tauton Vice President and Director of Operations Complete Claims Services, Inc. Jacksonville, FL
The PEO industry presents unique problems, and for that matter, opportunities for fraud. Certain conduct will suggest the existence of fraud which will warrant further investigation. Learn about those indicators and the "tricks of the trade" for their investigation, including the use of surveillance. What should you as the payor expect of your fraud investigator? What should you not expect? This "in the trench" expert will give attendees a front line look at what fraud investigative tools have proven to be effective.
11:00 – 12:30 pm Accident Investigation for the PEO Industry
Dino Fabrizio Chief Operating Officer Risk Transfer Holdings Orlando, FL
Diane Randall Director of Risk Management Risk Transfer Holdings Orlando, FL
Jeffrey Rendel, ARM Vice President of Insurance Services Presidion Solutions, Inc. Palm Beach Gardens, FL
Accident investigation for the PEO industry is simply different from the usual investigation post-accident. Not only are you dealing with an alleged injured worker but also with a client company which may or may not have your best interest in mind when benefit payments are being considered. This learned panel of experts take you through the unique experience of investigating an accident in a PEO setting considering such activities as the use of good interview techniques to determine the "root cause" of an accident, behavioral aspects of the accidents, why certain questions are asked or perhaps not asked, and what co-employee information is critical. Time permitting, audience participation will present opportunities to discuss investigation techniques that have been effective for attendees.
7:00 – 1:00 pm Shuttle Bus between The Marriott World Center, The Caribe Royale, and Premium Outlet Mall (Boarding Convention Entrance Marriott World Center & the Main Reception Building [the building in the forefront] of the Caribe Royale.) Refer to shuttle map & schedule.
8:00 – 11:00 am
9:00 – 11:00 am Palms Ballrooms Convention Level
10:45 am Grand Prize Drawing Inside Exhibit Hall
(Adjusters and Nurse Case Managers)
8:45 – 12:00 pm Grand Ballroom VII Convention Level
8:45 – 9:45 am The Power of Addiction
Moderator: Nat Levine The Family Practice Center West Palm Beach, FL
Speakers: Marc R. Gerber, M.D. Florida Spine Center Orlando, FL
"John Doe" ex-addict
What causes addiction? Why does a claimant abandon all sensibilities for opioids such as Oxycontin or Vicodin? What are the physiological affects of addition? An ex-addict will explain the lifestyle of addiction while a leading pain management physician will walk you through the addictive process in a step-by-step approach. Ever want to ask a question on addiction? Don’t miss this one.
9:45 – 10:00 am Break
10:00 – 11:00 am Medication and Return to Work
Moderator: Nat Levine The Family Practice Center West Palm Beach, FL
Speaker: Kirk J. Mauro, MD Medical Rehabilitation Specialists, P.A. Tallahassee, FL
Sure, you want the claimant back to work, but do you want a claimant on an opioid working on a roof? Do you want a claimant on Skelaxin driving a truck? Perhaps a police officer on a medication that might impair judgment? Listen to a leading authority on medications and the claimant’s ability to perform daily job functions.
11:00 – 12:00 pm Objective vs. Subjective
Moderator (and Patient): Nat Levine The Family Practice Center West Palm Beach, FL
Speaker: Amy E. Clunn, MD Rehabilitation Medicine Associates Ocala, FL
Ever read a report where the physician says "objective findings do not support subjective complaints"? View a line by line report and correlating physical examination performed by a physical medicine specialist. Are the complaints physically verifiable? Follow this examination in a simple step-by-step format.
Division of Workers’ Compensation Breakout
8:30 – 12:00 pm Crystal Ballrooms K - N Convention Level
8:30 – 10:10 am Opening Statement; Proper Claims Handling and Proper Form Filing; Emphasis on Data Quality; What to Expect of a Division Audit
Greg Jenkins Bureau Chief Monitoring and Audit Tallahassee, FL
One of the hottest issues within the Florida claims community is the new audit procedures being followed by the Division. Audits consist of on-site visits to claims offices as well as a review of the data that is being sent electronically to the Division. Learn from this informative presentation what the Division is looking at, why, and what corrective actions should and must be taken. Extraordinary and unprecedented fines/penalties are being assessed and this is an absolute must session for the claims handler.
10:10 – 10:20 am Break
10:20 – 10:50 am Overview –Draft "Claims" Rules [Rule 69L-3]; Update on 3-22-04 Rule Workshop; Update on Electronic Data Interchange (EDI)
Linda Yon EDI Coordinator Office of Data Quality and Collection Tallahassee, FL
New claims rules are being drafted and have already been "work shopped." Depending upon possible legal challenges, these new rules will present a new way for the claims handler to do business in Florida. Another must session for those serious about adjusting Florida workers’ compensation cases. An update on the EDI program will also be given.
10:50 – 11:20 am The Future of Fines and Penalties
Robin Ippolito Penalty Coordinator Bureau of Monitoring and Audit Tallahassee, FL
Quality of claims information coming from the insurance industry is a primary focus of the Division. Compliance with this new initiative is being sought through fines/penalties, "encouraging" risk bearers (including self-insureds) to submit in a timely and accurate manner this data. The Division has a new "Penalty Coordinator" who, in this session, will discuss current provisions in the statute and regulations relating to these assessments (which are substantial) and what should be expected in the future concerning rules being developed.
11:20 – 11:50 am Update on Florida’s Reimbursement Manuals; Review of the 2003 Legislative Changes Regarding "Medical" Issues; Status of Rule 69L-7, Medical Services Billing, Filing, and Reporting Rule
Don Davis Manager Office of Data Quality and Collections Tallahassee, FL
The 2003 Legislature increased medical provider fees and rules have already been adopted in conformance with these mandates. Discover in this session the new fee schedules, how they differ from past schedules, and how they correlate, as required by statutes, to medicare reimbursements. "New law" changes on medical issues will also be discussed.
11:50 – 12:00 pm Questions and Answers
9:00 – 11:00 am Grand Ballrooms III, IV, V & VI Convention Level
Moderator: Mark Casteel General Counsel Department of Financial Services Tallahassee, FL
Panel: The Honorable Dennis A. Ross State Representative, District 63 Lakeland, FL
Stewart L. Colling Attorney Orlando, FL
Andrew Sabolic Policy Coordinator Division of Workers’ Compensation Tallahassee, FL
David G. Hoppen Vice President Zenith Insurance Company Orlando, FL
Stephen F. Sutter President Sutter Roofing Company Sarasota, FL
Senator Charles W. Clary State Senator, District 4 Fort Walton Beach, FL
Florida Workers’ Compensation Law is constantly in flux. The panel will discuss what passed this year and what did not pass in the field of workers’ compensation. Naturally, the panelists will discuss the major law changes from last year. 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.
And Harbor Workers’ Compensation Act
9:00 – 12:00 pm Grand Ballrooms XII, XIII, XIV Convention Level
Moderator: Robert L. Bamdas Attorney West Palm Beach, FL
9:00 – 9:50 am How to Perfect an 8(i) Settlement Under the Longshore and Harbor Workers’ Compensation Act
Panel: Robert L. Bamdas Attorney West Palm Beach, FL
Paul M. Doolittle Attorney Jacksonville, FL
Charles D. Lee District Director U.S. Department of Labor Jacksonville, FL
This year, the Longshore Breakout rises to the next level. Our experienced panelists will be discussing practical issues, obstacles and solutions regarding perfecting settlements under the Longshore Act. Administrative and statutory requirements (as well as do’s and don’ts from the Department of Labor) for completion and submission of settlement documents will be discussed in detail. The panel will also discuss practical tips for streamlining the settlement process for approval of your settlement the first time around.
9:50 – 10:00 am Break
10:00 – 11:00 am Medicare Set-Aside Allocations and Approval: Medicare’s Interest in Longshore and Harbor Workers’ Claim Settlements
Panel: Nina Spiegel Paralegal Ft. Lauderdale, FL
Walter Hermann Claims Examiner U. S. Department of Labor Jacksonville, FL
Christopher P. "Bo" Boyd Attorney Jacksonville, FL
The panel will explore Medicare liens and allocations, as well as set-aside trusts, and the impact of those vehicles on Longshore settlements. This topic will discuss how to identify USL&H claims in which Medicare may have a lien or interest. The panel will then give an overview of the Medicare allocation and approval process with a focus on practical methods of protecting the parties and Medicare during the settlement and post settlement stages.
11:00 – 12:00 pm Longshore and Harbor Workers’ Case Law and Legislative Update
Panel: David C. Barnett Attorney Dania Beach, FL
Charles D. Lee District Director U.S. Department of Labor Jacksonville, FL
Ian Greenway President LIG International Insurance St. Petersburg, FL
A case law and legislative update will complete the program with a discussion of significant legal decisions and trends that continue to define the boundaries of Longshore coverage and benefits. The panel will examine the practical impact of various Benefits’ Review Boards, Eleventh Circuit and other federal decisions affecting the daily practice of Longshore claims.
Breakout on Advanced Mediation Techniques for Mediators, Attorneys and Adjusters
9:00 - 12:00 pm Grand Ballrooms IX, X & XI Convention Level
Moderator: Stuart F. Suskin Attorney Gainesville, FL
Panel: Robert L. Dietz Attorney Orlando, FL
Albert M. Frierson Attorney Ft. Myers, FL
Jack A. Langdon Attorney St. Augustine Beach, FL
Herbert A. Langston, Jr. Attorney Orlando, FL
Judith S. Nelson Attorney Miami, FL
Roger M. Sherman Attorney Pensacola, FL
Howard Scheiner Attorney West Palm Beach, FL
Mediation has become an integral part of the Workers’ Compensation system. All cases are mediated prior to hearing. This program will address tactics and strategies that have been employed by mediators to deal with difficult situations. Each panel member will discuss one or two challenging problems encountered in mediation and the techniques they employed to successfully get through a trying moment and ultimately resolve the dispute. A discussion will follow the panel member’s 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.
8:30 - 11:45 a.m. Breakout Session I Crystal Ballrooms A & B Convention Level
8:30 - 9:30 a.m. OSHA Recordkeeping
Vergie Y. Bain Compliance Assistance Specialist OSHA - Fort Lauderdale Area Office Fort Lauderdale, FL
OSHA’s improved, revised recordkeeping requirements were designed to help employers recognize workplace hazards and correct hazardous conditions by keeping track of work-related injuries and illnesses and their causes. Although the standard has been in place since January 2002, many employers still have questions. This presentation will focus on frequently asked questions of the recordkeeping standard requirements and forms.
9:30 - 10:30 a.m. Occupational Silica Exposure and Silicosis
Joan M. Spencer Compliance Assistance Specialist OSHA - Tampa Area Office Tampa, FL
Silicosis is a disabling, nonreversible and potentially fatal lung disease caused by overexposure to respirable crystalline silica. More than one million U.S. workers are exposed to crystalline silica and each year more than 250 die from silicosis. There is no cure for the disease, but it is 100 percent preventable if employers, workers, and health professionals work together to reduce exposures. This presentation is a good starting point for anyone wanting to learn about crystalline silica, silicosis and its control.
10:30 - 10:45 a.m. Break
10:45 - 11:45 a.m. Personal Protective Equipment
Vergie Y. Bain Compliance Assistance Specialist OSHA - Fort Lauderdale Area Office Fort Lauderdale, FL
OSHA requires employers to use personal protective equipment (PPE) to reduce employee exposure to hazards when engineering and administrative controls are not feasible or effective. If PPE is to be used to reduce the exposure of employees to hazards, a PPE program is required to be initialized and maintained. This presentation will focus on OSHA’s requirements while describing the various types of clothing that are appropriate for use in various chemical operations and provide recommendations in their selection and use. ___________________________________
8:00 - 12:00 p.m. Breakout Session II Crystal Ballroom D Convention Level
8:00 – 12:00 p.m. Fall Prevention and Protection: What Have We Been Doing Wrong? (Part 2 of 2) (Certificated) Part 1 of 2 on Tuesday, 1 - 5 p.m.
Steve Johnson President Safety Training and Consulting Services, Inc. STACS, Inc. in co-operation with Miller Troll Training Ontario, Canada
This session reviews current and anticipated fall protection regulations. The session is accentuated by a drop test video demonstration showing proper methods of hook up and physical forces generated by falls. There will be a discussion of dos and don’ts of fall protection as well as a discussion of proper methods for inspecting and maintaining equipment.
Note: Seating for This session is limited. Pre-registration is required. See registration form TO RESERVE YOUR SPACE FOR THIS SESSION.
Breakout on Social Security, Medicare Set-Asides and Privacy Issues
9:00 – 12:00 pm Social Security Offsets, Medicare Set-Asides, HIPPA Privacy Issues: An Omnibus and Practical Session Grand Ballroom VIII Convention Level
Tim Jesaitis Attorney St. Petersburg, FL
Rafael Gonzalez Attorney Tampa, FL
Does the conundrum of workers’ compensation, social security, Medicare set asides, and now HIPPA continue to confuse? Have you ever felt drowned in the "alphabet soup" of ACE, PIA, AWW, CMS, MSA and IIHI! Once again our juris doctors, Rafael Gonzalez and Tim Jesaitis, work to cure what ails you. This breakout provides a booster of knowledge for both federal social security regulations and state workers’ compensation law, specifically as it pertains to any offsetting or reduction of either benefit. (THAT MEANS MONEY!) It delivers insight and practical guidance when considering Medicare’s interest in settlements. And for 2004, get a sample of HIPAA, the new federal law further protecting medical records and controlling those who need to obtain them. Take these two and see them in the morning. You’ll feel better!
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