Pre-Conference Offerings

ASP Span International Training

CSP Span International Training

Sunday, August 21

Late Registration for Golf Tournament

Golf Tournament

Exhibit Hall Setup

Moot Court Judges’ Luncheon (Judges only)

Convention Registration & Information

E. Earle Zehmer Moot Court Preliminary Rounds

Monday, August 22

Registration and Information

Welcoming Speeches

Scholarship Presentations

Introduction of Keynote Speaker

Keynote Speaker

Special Guest Speaker and Keynote Address

Exhibit Hall Open

E. Earle Zehmer Moot Court Finals

Case Law Update

Breakout for Risk Managers

Breakout for Healthcare Providers

National Trends In Workers’ Compensation

Chemical Exposure and Mold Breakout

Breakout on Workplace Safety

Reception and Entertainment

Tuesday, August 23

Registration

Exhibit Hall Open

Breakout for Adjusters, Program One

Breakout for Adjusters, Program Two

Breakout for Attorneys

Breakout for Paralegals And Legal Assistants

Breakout for Medical Case Managers/Rehabilitation Providers

National Trends In Workers’ Compensation

Professional Employer Organization (PEO) Breakout

Chemical Exposure and Mold Breakout

Breakout on Workplace Safety

Wednesday, August 24

Registration

Exhibit Hall Open

Grand Prize Drawing Inside Exhibit Hall

Florida Division of Workers’ Compensation Breakout

Florida Bureau of Rehabilitation Breakout

Breakout on Medical Issues (Adjusters and Nurse Case Managers)

Breakout on Legislation

Breakout on Longshore And Harbor Workers’ Compensation Act

Breakout on Advanced Mediation Techniques for Mediators, Attorneys and Adjusters

Breakout on Social Security, Grice Limitations and Medicare Set-Asides

Breakout on Multi-State Workers’ Compensation Laws

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 am.

Participants must attend all three days:

Friday, August 19, 2005 – Sunday, August 21, 2005

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 am.

Participants must attend all three days:

Friday, August 19, 2005 – Sunday, August 21, 2005

8:00 – 5:00 pm

Hall of Cities – St. Louis, Convention Level

Golf Tournament Luncheon in Florida Ballrooms – Harbor Beach & Marco Island, North Tower, immediately following tournament

Palms Ballrooms

Convention Level

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

Nova University

St. Thomas University

Stetson University

University of Florida

University of Miami

Jacqueline L. Blanton, Attorney

Barbara B. Wagner, Attorney

Richard A. Sicking

Mark L. Zientz

Grand Registration Area

Convention Level

Crystal Ballrooms H - Q

Convention Level

James N. McConnaughhay, Attorney

Steven A. Rissman, Attorney

Rissman, Weisberg, Barrett, Hurt, Donahue & McLain, P.A.

Special Awards:

Ed Higby Memorial Volunteer of the Year Award

FWCI Scholarship Presentation

J. David Parrish, Attorney

Gerald A. Rosenthal, Attorney

Friends of 440 Scholarship Presentation

Richard A. Sadow, Attorney

Sam Friedman

Joseph A. Gilles

With more than 26 years of expertise in the industry, Mr. Gilles will discuss the state of the market in workers’ compensation, addressing the challenges the industry faces today, including rising medical care and drug costs, the difficulty in achieving legislative reforms, and the looming threat of terrorism, particularly the potential extension of the Terrorism Risk Insurance Act.

For security reasons, we are unable to announce the identity of our special guest speaker. We are most excited and honored to be able to bring you this extraordinary presentation. We thank you for your cooperation and understanding and know you will find this a memorable program.

Palms Ballrooms

Convention Level

Crystal Ballrooms K, L & M

Convention Level

Jacqueline L. Blanton, Attorney

Barbara B. Wagner, Attorney

Richard A. Sicking

Mark L. Zientz

Honorable Marguerite Davis

Honorable Philip J. Padovano

Honorable Ricky Polston

This annual event is the final round of the moot court competition. The subject of this competition is a topic that is significant in the area of workers’ compensation.

Grand Ballrooms VII & VIII

Convention Level

H. George Kagan, Attorney

M. Kemmerly Thomas, Attorney

Nicole D. Ruocco, Attorney

Geoffrey Bichler, Attorney

Bichler & Kelley, P.A.

J. Eric Stiffler, Attorney

Alan M. Aronson, Attorney

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 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

Max Koonce

Linda Brown

Everyone agrees that administering workers’ compensation programs has become increasingly difficult. Issues such as double-digit medical inflation, an aging workforce, and litigious claimants challenge employers striving to become "best-in-class". Although most employers are aware of long accepted cost control programs, few know, with certainty, how to structure their programs and raise them to "best-in-class". The panel will focus on how to determine what works best for employers, including: types of insurance, timely claims reporting, to self-administer or use a TPA, structuring return-to-work, selecting medical treatment and providers, using safety programs and managing third parties. Once these programs are shaped, the panel will discuss how to innovate and raise the programs to "best-in-class".

S. Lee Puckett

Grame M. Harper

Employers are facing open-ended medical, indemnity, and managed care costs due to uncontrolled medical utilization. Many employers have purchased large deductible policies or are self-insured, retaining much of the risk of workers’ compensation claims. Carriers, whose core competency was the assumption of financial risk, frequently no longer provide this service. Third party administrators, whose core competency is the administration of claims, may be more interested in open-ended managed care fees. Managed care companies claim to reduce utilization, yet may be paid based on the number of modalities, visits and/or hourly rates, creating a potential conflict of interest. The speakers will discuss alternative reimbursement methods that can transfer much of the financial risk from the employer to the other players involved in a workers’ compensation claim without compromising quality of care and still generate early return-to-work.

Barbara S. Schillinger, CIC

Have you ever wanted to look inside an underwriter’s mind? What do you think you would see? Are you imagining a dartboard, an Ouigi board or maybe a psychic? Join The Hartford’s Risk Management Underwriter as she tries to take the mystery out of workers’ compensation underwriting. This session will walk you through the underwriting process from the perspective of an underwriter. She won’t promise to make you an underwriter, but maybe you will be better prepared for your next renewal process.

Grand Ballrooms I, II & III

Convention Level

George W. Furlong

Gerard Sander

Joseph Paduda

With prescription drugs now accounting for over 12% of the workers’ compensation medical dollar, increased attention is being paid to utilization and efficacy. While formularies, drug utilization review, and price discounts can help address these concerns, ultimately the treating physician has the most impact on this critical area. This panel will bring together experts to provide a summary of the issue, discuss the overall role of the physician, and present protocols and tools available to manage pharmaceutical utilization.

Oregon Hunter, MD

Panel:

Steven A. Reid, MD, FACS, FICS

Joseph C. Cauthen, MD

This panel will focus on a clinical discussion of new techniques and procedures in the field of neurosurgery. The thrust of this session will be two of the hottest topics in workers’ compensation today: carpal tunnel and artificial discs.

Ann (Ellingham) Crutchfield

Robert A. Keeter, Attorney

Gainesville, FL

Nancy Spaniola, CWC

Steve England

This panel will discuss the non-medical side of workers’ compensation and how your statements and actions may impact your practice including discussions on completing workers’ compensation forms, depositions, conferences, maximum medical improvement, major contributing cause, return-to-work, permanent impairment rating, "no work" status, TTD/TPD, surveillance, attendant care and permanent total disability.

Grand Ballrooms IV, V & VI

Convention Level

Sam Friedman

Robert G. Purdy

Michael Nolan

The Honorable Dennis A. Ross

Eric Oxfeld

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, California and Texas. This panel offers a progress report on legislative and regulatory reform activities across the nation.

George W. Furlong

Joseph Paduda

Nancy Brennan

The panelists explore how the industry is attempting to get a handle on the spiraling costs of prescription drugs – a key component of rising workers’ compensation costs. The successes and failures of recent initiatives will be discussed.

Grand Ballrooms XII, XIII & XIV

Convention Level

Richard H. Weisberg, Attorney

James D. McCluskey, MD, MPH, PhD (c)

Jamie Poole, PhD, CIH

This discussion will include example cases exploring the differences between single causation agents versus multiple toxic agent exposures, both in the individual and multiple employee scenarios. Litigation aspects including discovery, medical evaluations, defenses, and statutory legal requirements for exposure cases will be covered. The role of the industrial hygienist in establishing the duration and degree of an exposure will be discussed. In addition, the medical aspects of each case will be discussed, including the diagnosis and alternatives, confounding factors, medical care and return-to-work issues.

Raymond Harbison, PhD

Robin DeHate, CHMM, MPH, PhD(c)

Health and safety specialists have a legal and ethical obligation to protect worker welfare. In addition, they must accurately and reliably determine workplace injuries. Regulations are intended to reduce risks to human life and health; however, they often affect the perception of "risk" that is associated with a chemical. This presentation will place exposures, the risk assessment process and regulations into context when evaluating workplace exposures and injury claims.

Grand Ballroom IX & X

Convention Level

Bill Sims, Jr., President

Vic Anapolle, Consultant

Do safety incentive programs work? This is a multimillion dollar question when you consider the costs that unsafe practices can have on your organization. The simple answer is, it depends primarily on the focus of your safety program, and secondarily on how well you implement your incentive program. Given that 96% of all workplace accidents are triggered by unsafe behavior, it is no wonder the focus often has been on reducing the number of accidents by eliminating unsafe behaviors instead of on preventing accidents by rewarding instances of safe behavior.

Joan M. Spencer

Although the OSHA Recordkeeping standard has been in place since January 2002, many employers still have questions. This presentation will focus on different incident scenarios and frequently asked questions of the recordkeeping standard requirements and forms.

Joseph Roesler

The hazards that injure employees are the same hazards OSHA observes and cites during workplace inspections. This presentation will focus on the most common reasons why OSHA issues the 5(a)(1) or General Duty Clause citation.

Grand Ballroom XI

Convention Level

John Storm, PhD

Alan Markham

Allan Harrell

Dr. Storm will describe the joint labor-management team approach for the SGS Facilities Department, a 900-person infrastructure operation, maintenance & engineering organization serving Kennedy Space Center and Cape Canaveral Air Force Station that led to the award of SGS’s OSHA Star in January 2002. Key essentials for implementing and sustaining a VPP-level employee led safety program will be discussed. Results of following the VPP pathway will be described in terms of reduced accident rates and costs, as well as the significant strengthening of the day-to-day working relationship between safety leaders from labor and management, that also spill over into other labor relations matters. The employee panel will add their remarks during the presentation. The session will conclude with a Q&A session with response from the SGS labor-management team members.

Craig Fugate

This presentation will review Hurricanes Charley, Frances, Ivan, and Jeanne, and Tropical Storm Bonnie. The review will address the plans that were very helpful in the state’s response efforts and those issues that need to be addressed for future storms.

______________________________________________________

Hall of Cities – Tampa

Convention Level

Erica Klemann

Janet Lafata

This class session will cover the following information: Selection and use of respiratory devices, how to train an employee on the use of respirators, how to conduct a qualitative fit test using bitrex and a tyvek hood system, medical evaluation for the use of a respirator to include not only the OSHA forms but also a demonstration of the use of a pulmonary function device and an explanation of medical restrictions. You should be able to conduct a fit test after completing this course.

Bill Nagel

Staffing firms offer flexibility to virtually any employer with personnel needs. The cost advantages of utilizing a contingent workforce has allowed the staffing industry to grow to over eighteen million dollars. As with any industry, as the competition increases, companies are forced to focus on containing costs in order to offset declining margins. When your product is people, the focus on safety programs and workers’ compensation loss control efforts are key to maintaining profitability. A successful staffing firm focuses on key risk management strategies including: cutting edge employee screening, thorough orientation, safety partnerships with clients, value added servicing, and cooperative loss control.

______________________________________________________

Hall of Cities – Washington

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 session are dismissed. Manual provided only to participants of the entire 8-hour course.

Part 2 of 2 on Tuesday, 8 - 12 pm

John A. Palmer, CSP

This 8-hour presentation provides detailed instruction in scaffold hazard recognition including a 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 tying, 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.

Crystal Ballrooms G - Q

Convention Level

Hootie and The Blowfish

Caliente

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

Palms Ballrooms

Convention Level

Crystal Ballroom H

Convention Level

Karen Ursulich

Artificial Disc Replacement-An Alternative

To Lumbar Spine Fusion

Stephen R. Goll, MD

Calcaneal Fracture-Understanding the Severity Of This Injury

Daniel L. Wiernik, DPM

Reflex Sympathetic Dystrophy (RSD)-

Diagnosis and Treatment Controversies

Lawrence S. Halperin, MD

Everyone has them – the cases that won’t go away. Join the physicians of Orlando Orthopaedic Center to take a look at some of the orthopaedic cases that always prove challenging. The physicians will discuss alternatives to lumbar spine fusions and treatments for calcaneal fractures and reflex sympathetic dystrophy. Presentations will cover diagnoses, treatments, pitfalls and what this means for workers’ compensation cases for each subject area. Physicians will give practical information in straightforward terms to help adjusters understand challenging orthopaedic cases. Audience members will have the opportunity to ask questions during the presentation. Join Drs. Goll, Wiernick and Halperin for an insightful presentation connecting the medical field with the workers’ compensation world.

Mary E. Ingley, Attorney

John M. Williams

Robert L. Sagrillo, Attorney

This panel will address the use of a Medicare Set-Aside arrangement to further the objective of the Medicare Secondary Payer Act in the context of the settlement of a workers’ compensation case. There will be a practical overview of the who, what, when, how and why of MSA’s. Considerable time will be devoted to the most frequently asked questions. Audience participation is strongly encouraged.

Kristy L. Burch, CWC

James C. ("Chris") Norris, Attorney

Justine G. Esser, CWC, ACA

This panel will address the legislative intent of the October 1, 2003 changes to the Chapter 440 fraud provisions. More specifically, how do these changes impact employers in their hiring practices with regard to workers’ compensation exposures? The panel will talk about what is required of an employer, specifically in the obtainment of the I-9 and what is considered adequate documentation when hiring an employee. How can workers’ compensation insurance adjusters use these provisions to deny benefit eligibility to undocumented injured workers? How do the provisions potentially implicate employers? Finally, how can defense attorneys build their fraud defense cases while avoiding conflicts of interest with regard to their representation of employers?

John O. Miano, CWC

Nancy Amee

Sissy Nogar Kammer

Amendments to the workers’ compensation statute of October 2003 and evolving administrative rules present many challenges to claims’ handlers. This presentation will discuss delivery of benefits, performance standards, the means by which they are monitored and effects of the auditing process. The panel will discuss the role of the Bureau of Monitoring and Audit, the impact of automated performance monitoring, and events which lead to violations. Where standards and deadlines regarding benefits and form filing are spread throughout the statute and administrative rules, the presenters will discuss a case study, provide a performance "timeline" and make helpful suggestions designed to avoid violations and resulting penalties.

Joan Bruyntjens

Nancy Spaniola, CWC

Brian Lindholm

This panel will investigate and discuss what has changed at the Division and why there is now a focus on forensic audits. The panelists will talk about recent audit outcomes and will disclose practical tips for being in compliance and having a successful audit. Test your knowledge of ethical obligations for being in compliance and learn how costly it can be if you are not. You can’t afford to miss this panel.

Crystal Ballroom J

Convention Level

Thomas H. McDonald, Attorney

James D. McCluskey, MD, MPH, PhD (c)

Exposure claims generally involve complicated medical and legal issues requiring the adjuster to be both doctor and lawyer. This session, drawing upon the experience and expertise of both a doctor and a lawyer, will tell you what you need to know to handle an exposure claim. Items presented will include an interactive scenario, the "snowballing" diagnosis, refocusing medical services, pitfalls of poorly planned care, as well as, the old and cold file lurking on your desk. Other topics that will be discussed include the 2003 statutory changes, burdens of proof, occupational disease vs. repetitive exposure, contribution between carriers and defense strategy.

Jeff Taylor

Nancy Kornbluh

Technical Specialist

Marisol Agosto, SCLA, CWC

Crystal Chancey

Gay E. Marlin

Scott H. Silver, Attorney

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 how to defend a new law permanent total claim, compensability issues, responses to Petitions for Benefits and evaluating cases for settlement.

Susan N. Marks, Attorney

Christina D. Mullins, CWC

Medical benefits litigation is on the rise following the new changes in the law that became effective October 1, 2003. Aggressively controlling the medical portion of the claim is now more important than ever. This presentation will provide the audience with practical information and insight on how to manage the new law medical changes. You will learn answers to numerous questions regarding the control of medical benefits. Who gets to choose the physician when the claimant requests a change? What is the five day rule and what is your obligation regarding the rule? What is the current law on IMEs? Do second opinions still exist? How do referrals work? Does litigating the medical affect the indemnity? What is this $1,500.00 attorney’s fee limit for medical benefits we keep hearing about, and how does it really work? What is the basis for the claimant’s attorney’s fee after securing a medical benefit that leads to other medical and indemnity benefits being provided? The presenters will guide you through the myriad of questions brought about by the new law changes and will provide you with new strategies for aggressive handling and defending the medical litigation aspects of your claims.

Cynthia Gaul

Raymond A. Lopez, Attorney

No changes in the 2003 law are more important than the changes in the doctrines of major contributing cause and apportionment. Attend this session and find out not only the relevant law but the strategy utilized in implementing these two important tools.

Jana Cauley

Jeffrey Korte

Robert J. Rodriguez, Attorney

Workers’ compensation fraud is a growing problem in our industry. The panelists will take us through the legal realm of facts, defenses, results and changes in the new law. Then they will discuss whether there is a time when you should settle the claim even if fraud is present or whether you should simply defend it in front of the Judge of Compensation Claims or even refer it out for prosecution? Speaking of prosecution, Jeff Korte is the "main man" with the Division of Insurance Fraud. He can tell you exactly what you need to do to catch and prosecute a fraudulent claimant.

Florida State University, College of Law

Crystal Ballroom K, Convention Level

University of Florida, College of Law

Crystal Ballroom L, Convention Level

Mercer University, College of Law

Crystal Ballroom M, Convention Level

University of Miami, College of Law

Crystal Ballroom N, Convention Level

Grand Ballroom VII

Convention Level

Debra H. Pierce, Attorney

Christine M. Franco, Attorney

Steven P. Kronenberg, Attorney

Paul L. Westcott, Attorney

Laurie Thrower Miles, Attorney

Ramon Malca, Attorney

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, and attorneys’ fees.

Presented by the First District Court of Appeal

Honorable Charles J. Kahn, Jr.

Honorable Peter D. Webster

Honorable Marguerite Davis

Honorable Philip J. Padovano

Honorable Ricky Polston

Jon S. Wheeler

This Breakout is a "first time ever" for the Annual Conference. Two cases of significance pending in the First District Court of Appeals will be argued before a panel of Judges. Attendees at this session will observe "live" arguments before the court with actual litigants and can observe procedures followed at the appellate level. The decision of the Court will be posted on the Court’s website several weeks after the arguments take place.

Howard Scheiner, Attorney

Dawn Traverso Larson, Attorney

William H. Rogner, Attorney

Rosmary B. Eure, Attorney

Kevin G. Bennett, Attorney

This panel will discuss the challenges of the new Workers’ Compensation Act as it impacts the very heart of the practice and the way lawyers are handling these claims. The discussion will provide practical information concerning the types of ethical issues presented by the new law and how to address the issues with professionalism (even when your opponent does not).

Crystal Ballroom G

Convention Level

Debbie Scott

David R. Drill, Attorney

You will learn answers to numerous questions regarding the control of medical benefits. Who gets to choose the physician when the claimant requests a change? What is the five day rule and what is your obligation regarding the rule? What is the current law on IMEs? Do second opinions still exist? How do referrals work? Does litigating the medical affect the indemnity? The presenter will guide you through the myriad of questions brought about by the new law changes and will provide you with new strategies for handling the medical litigation aspects of your claims.

Honorable Paul T. Terlizzese

It seems like the Rules of Procedure change almost 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 Terlizzese will walk the participants through the rules explaining them and giving practical tips.

Christian G. Payer, Attorney

Kathryn A. Terry, Attorney

Jeffrey J. Kerley, Attorney

This is the end result of most everything that a paralegal or legal assistant does. Sooner or later, your client is going to end up in court. It is a lot easier for you to prepare the case for trial if you know exactly what happens during a trial. In this presentation, the participants will actually try a case. This will be both entertaining and informative.

Grand Ballrooms IX, X & XI

Convention Level

April C. Brader

Healthy Pathways, Inc.

Betty Reid, RN, CRRN, CDMS, CCM

Paul J. Zak, MD

Fusion surgery has been used extensively to treat a variety of low back disorders. This presentation gives a review of the indications and results of lumbar spinal fusion, current techniques, and potential long term problems with adjacent level degeneration. Motion sparing technologies will be discussed as a potential alternative to fusion for certain disorders.

Howard M. Berkowitz, MD

Back injuries have a significant financial impact on the workers’ compensation system. Dr. Berkowitz has seen a great disparity between the reported results of back surgery and the community experience. This presentation of costs related to back treatment will be enlightening and may alter your back treatment plan.

Marc R. Gerber, MD

Florida Spine Care Center

What causes addiction? Why does a claimant abandon all sensibilities for opioids such as Oxycontin or Vicodin? What are the physiological affects of addiction? 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.

Grand Ballrooms IX, X & XI

Convention Level

Sandra Ondrus, RN, MHSA

This session will review the changes in Section 440.491, Florida Statutes, and the rules, and discuss 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 6A022.002(2).

Grand Ballrooms III, IV, V & VI

Convention Level

Sam Friedman

Robert P. Hartwig, PhD, CPCU

Jeff Eddinger

Jennifer Tomlin

This premiere panel of the National Trends track will provide a comprehensive overview of the financial health and future prospects of the workers’ compensation insurance market. Included will be a "dollars and sense" statistical overview of the workers’ compensation industry’s performance and financial strength, a look at emerging exposures, and predictions about capacity and pricing trends.

Sam Friedman

Panel:

Carl J. Mussenden

Charles R. Wolstein

Managing Consultant

With a terrorist attack posing a massive threat to workers’ compensation carriers and policyholders, this panel will explore where the industry stands in terms of overcoming underwriting challenges, mitigating against a potentially catastrophic financial loss, and securing government reinsurance protection via the Terrorism Risk Insurance Act (TRIA), while also exploring the potential for long term alternative risk pooling arrangements should TRIA expire.

Carl Van

In this session, Carl Van gets the adrenaline flowing by offering up one of his trademark interactive, role-playing exercises, demonstrating first hand to attendees how to handle angry claimants. Attendees will learn the psychology that governs upset customer/claimant behavior, steps to take to successfully negotiate with angry claimants, as well as strategies to secure cooperation.

Vincent J. Armentano

Janet Jamieson

Kevin J. Lisle

This panel of experts discusses the most advanced technology tools and techniques available to help cut workers’ compensation claim costs. Topics include how the internet is altering the workers’ compensation landscape, as well as predictive modeling techniques and how they help adjusters perform their jobs more effectively.

Thomas Barrett, Jr.

Ned Wilson

The panel explores effective methods to cut, or at least slow down the rise of medical care expenses in the workers’ compensation area. Topics to be discussed include an overview of medical costs and the impact on workers’ compensation, why doctor discounts do not work, and key demographics that impact costs.

Crystal Ballroom G

Convention Level

Diane Randall

Salvatore E. Castronova

W. Christopher Rhoden

Gregory L. D’Ambrosio

This session will explore alternatives to the Master Policy. Regulators appear to favor alternatives to the Master Policy and very few carriers are interested in providing a Master Policy. What are the benefits of a Master Policy? What is a "Carve Out" policy? What is a Multiple Coordinated Policy? The panelists will discuss the alternatives and provide insight into the most effective solution for your organization.

Joel A. Streinz

Daniel T. Jaffe, Attorney

A PEO is in the unique position of not only dealing with claimant fraud, but employer fraud as well. As with an insurance company, a PEO is dependent upon the information provided by its client company to determine the cost of providing workers’ compensation to that client company. How do you identify an employer that may not be providing you with accurate information or is withholding payroll from you? Mr. Streinz will explore ways to identify and investigate premium fraud from a carrier perspective. He will also provide information regarding regulatory reporting and how to negotiate recoveries once fraud has been established. Mr. Jaffe will delve into the identification and investigation of claimant fraud.

Robert B. Bennett, Attorney

Torben S. Madson, Attorney

These attorneys will show you how to use your Client Service Agreement (CSA) to protect your defenses and will discuss compensability issues specific to the PEO industry. The CSA contractually defines the players, roles and obligations of the PEO and their client company, as well as when a person becomes an employee of the PEO. What are the minimum components to have in your CSA? How often should your CSA be updated? When can you be held responsible for the actions of a client company when Coverage B, safety, and drug free workplace issues are involved in a claim? How does Coverage B respond for your client company? What happens if you do not comply with your own CSA?

Grand Ballrooms XII, XIII & XIV

Convention Level

Raymond Harbison, PhD

The widespread popularity of indoor air testing for mold and mold spores increases the opportunity for controversy, as well as, for a concurrent increase in complaints associated with the potential for exposure. Health complaints and conditions are alleged without apparent diagnostic features, and disputes inevitably arise when these allegations are subjected to an evaluation via evidence-based medicine. This presentation will review the scientific methodologies used to evaluate these complaints.

James D. McCluskey, MD, MPH, PhD (c)

Rene’ Salazar, PhD, CIH

Tracey J. Hyde, Attorney

This session will discuss the environmental and medical evaluation of several representative cases of mold exposure in the workplace. Attendees will learn to evaluate the objective exposure evidence of each case, as well as interpret the subjective complaints of the patients. Participants will also learn how to manage the case in order to provide the information necessary for their legal counsel.

Steve Mlynarek, PhD, CIH

Mold continues to be an important public health issue. The media publicize it, the public seems to fear it, a substantial industry exists that assesses and remediates it, our regulatory bodies and court systems address it, and universities study it. This presentation will provide an overview of the current status of mold investigation and assessment by an industrial hygienist and university instructor.

James D. McCluskey, MD, MPH, PhD

This session will discuss the objective health effects potentially caused by exposure to mold in the environment. In addition, participants will evaluate and discuss symptoms and syndromes that are unlikely to be caused by mold exposure. Emphasis will be placed on the importance of documenting the actual exposure in the indoor environment and outside the workplace. Attendees will learn about the appropriate evaluation of an employee with indoor air complaints and pitfalls to avoid when pursuing the evaluation of the worker.

Crystal Ballrooms A & B

Convention Level

Roberto C. Ramirez, Jr.

Employers face the challenge of integrating the growing hispanic workforce into existing company programs. This is a seminar for people who manage, supervise, or interact on a regular basis with hispanic employees. It offers insight into many of the most common cultural and social issues that create issues in the workplace, and advice on how to prepare for them effectively.

Chris Hopkins

Cathy Anton

Back by Popular Demand! The course will cover how adults learn using didactic and interactive methods of training. How to make 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.

William F. Badzmierowski, M.ED., CSW

Organizations have an increasing demand for adaptable solutions to keep staff safe from workplace violence. They want to know how to manage the risk of potentially disruptive or even dangerous situations. For 25 years, the Crisis Prevention Institute, Inc. ("CPI") has supported the work of professionals who work with challenging or potentially violent individuals or coworkers by providing relevant, practical behavior management programs. CPI’s presentation will highlight some of the strategies that have been effectively used by hundreds of organizations worldwide in reducing the frequency and severity of these potentially violent situations, increasing employee confidence and morale, and fostering a culture of Respect, Service, and Safety at WorkSM . The techniques to be discussed will provide a broad overview of CPI’s PrepareTrainingSM Program. These Techniques can assist not only in preserving and strengthening relationships with coworkers and customers, but also in minimizing the risks of workplace violence while maximizing staff safety.

Vergie Bain

What is a hazard? What is a job hazard analysis? Why is job hazard analysis important? Learn the answer to these questions. A job hazard analysis (JHA) is a technique that focuses on job tasks as a way to identify hazards before they occur. The presentation will focus on the procedures to break down an operation to each basic step to identify potential hazards and to determine the safest way to do the job.

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Crystal Ballroom C

Convention Level

Harlan T. Manning

Incident investigation has always been an effective tool to identify the causes of workplace accidents. Yet it is all too often sidetracked by a focus on symptoms, actions, or outcomes. Modern techniques that include workable root cause analysis, effective management control points, performance technology, and common cause risk assessment can help the investigator develop more effective, long term solutions to workplace accident causes.

Tom Stewart

This approach to improving safety is focused on how we maintain and reinforce safety performance in the workplace. It is based on an examination of our current culture, making safety a positive goal, and relying on high employee involvement. This session is not based on "pie in the sky" philosophies but soundly grounded on what has worked in organizations and companies who have changed their approach to managing, and more importantly, to safety.

Edward L. Demmi, MD

This presentation will provide the audience with a complete overview of the anatomy of the spine, as well as proper lifting techniques, preventative medicine, and appropriate yet aggressive care of the injured worker. The presentation follows the employee from the onset of the injury through the return to work process.

Joan Spencer

What’s New! This presentation will give the insight of the new Assistant Secretary of Labor and of the direction of the agency. It is 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.

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Crystal Ballroom F

Convention Level

Christopher Smith

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 Power Lines, 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.

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Hall of Cities – Washington

Convention Level

Part 1 of 2 on Monday, 1 - 5 pm

John A. Palmer, CSP

This 8 hour Competent Person presentation provides detailed instruction in scaffold hazard recognition including a 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 tying, 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.

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Crystal Ballroom E

Convention Level

Steve Johnson

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 do’s 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.

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Hall of Cities – Tampa

Convention Level

Ron Beach, Trainer

This is an OSHA and ANSI compliant training program on safe operating procedures for insulated aerial devices. Prior to operating an insulated aerial device you must read, understand, and follow the safety and operating procedures found in the unit’s manual, decals and other materials provided with the unit. In addition, this program pertains to your individual job needs, can prevent serious work related injuries and can ultimately save your life or the life of a co-worker. Upon successful completion of the training, participants will receive a certificate and wallet card.

This is an 8 hour course which includes 4 hours classroom instruction and 4 hours "hands-on" instruction outdoors.

Note: This session is limited to 15 participants. Pre-registration is required. See registration form TO RESERVE YOUR SPACE FOR THIS SESSION.

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Crystal Ballroom D

Convention Level

Steve Trice

This course includes instruction on the types of rigging equipment, basic load calculations, rigging inspection techniques and rigging safety.

Michael St. Lawrence

The major precept to accountability is to hold supervisory personnel accountable for safety, measuring individual performance, and rewarding efforts to improve the bottom line. This course is designed to help develop and implement a system to measure the individual performance of supervisory personnel in regards to safety and health. It covers the theory behind accountability as a management tool for the success of a company and walks the participants through the practical aspects of implementing a program specific to the company’s needs.

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Hall of Cities – St. Louis

Convention Level

Al Vasquez

This training is a eight hour session covering soil classification, cave-in forces, daily inspections, benching, sloping, and shoring methods. Hazardous atmospheres and fall protection as they apply to jobsite safety for the workers will be discussed. At the end of the training and after passing a short written test, the students will receive a card signifying completion of the Excavation Training. (Break from 12 - 1 for lunch on-your-own.)

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Hall of Cities – Washington

Convention Level

Shaun Stewart

This presentation pertains to construction and maintenance of roadways and the hazards faced by those persons engaged in such activities. Discussion will include what defines a work zone, state and federal standards and where they apply, OSHA’s concerns regarding employer compliance to the standards, and what employers can do to improve conditions for both the workers and the public.

Keith Brown

This session will cover the basic electrical safety requirements necessary for the practical safeguarding of employees involved in construction work. Topics include safe work practices, hazard recognition, safety related maintenance, inspections and training.

Palms Ballrooms

Convention Level

Crystal Ballrooms M

Convention Level

Roy Wood

This topic will discuss the mission of the Bureau of Employee Assistance and Ombudsman as interpreted from its charge under Section 440.191, Florida Statutes. The speaker will focus on the role of the EAO as it relates to the injured employee, adjuster, medical provider, attorneys and judges. This session will also provide insight into noticeable trends and changes to the workers’ compensation disputes since the passage of law changes. The various field offices will be identified and an explanation given of the relationship of the EAO with other Bureau’s within the Division and Department of Financial Services.

Fred Becknell

This speaker will review the first six months of the newly promulgated Division Rule 69L-3. The discussion will focus on the required filing of information and the timelines for the submission of forms. Trends and patterns will be highlighted based on the results of the monitoring and audit processes in regard to the implementation of the rule. Information will be provided that will assist the claims handling entity in complying with the rule.

Don Davis

A data quality presentation will be given on the number and type of claim and medical forms that have the highest frequency of rejection by the Division. In order to reduce form rejection and minimize penalty exposure, information will be provided that will enable insurers to re-examine their data reporting practices.

Linda Yon

This speaker will discuss the impact of amendments to the Proof of Coverage and Claims EDI Rule (69L-56). There will also be a discussion on the status of a rule amendment that will require all claims-handling entities to file First Reports of Injury and Claim Cost Reports electronically with the Division.

Robin Ippolito

This will be a presentation on the Division’s new Centralized Performance System, also known as CPS. The CPS is an interactive web-based system which evaluates various aspects of insurer performance required by the Workers’ Compensation Act. The system provides a real time assessment of medical and indemnity data submitted by insurers and/or claims handling entities. There will also be a discussion on future enhancements to the Centralized Performance System.

Greg Jenkins

This presentation will be an overview of the Division’s recently revised penalty rule (Rule 69L-24). The speaker will also discuss the evolution of the audit process and how changes to the medical penalty rule (69L-7.602), the claims rule (69L-3), and the penalty rule will impact audits.

Grand Ballroom J

Convention Level

Reginald L. Watkins

Mary Cilek

Betty Gibson

Paul Lincolnhol

This session will cover insurance carrier responsibilities in workers’ compensation rehabilitation and reemployment services under Section 440.491, Florida Statutes. The speakers will discuss the Bureau’s role in auditing the performance of insurance carriers and servicing agents and discuss insurance carrier requirements for reporting voluntary service activity such as medical care coordination, reemployment services and reemployment assessments using Form DWC-21 and reemployment status reviews using Form DWC-22. BRRS panelists will also discuss insurance carrier use of rehabilitation providers, industry misconceptions regarding the requirements for becoming a qualified rehabilitation provider and how to determine if a rehabilitation provider is listed in the directory of qualified rehabilitation providers. An overview of recent revisions under Rule 6A-22, Florida Administrative Code will be discussed.

Grand Ballroom VII

Convention Level

Nat Levine

Marc R. Gerber, MD

Brought back by popular demand from last year! Would a claimant prefer to take a long acting sustained release opiate for his pain or multiple doses of a short acting opiate such as Vicoden or Percocet? You might be surprised by the answer! Should we be keeping patients at work while they are receiving pain medications? The answers to these questions and more through an enjoyable lecture by a leading pain management physician.

Nat Levine

Kathleen T. Jenkins, MD, MPH

Jean T. Feldman, RN, BSN

How do we ensure that all of our management efforts get the patient to MMI? What should our "order of care" be? Is the claimant making an honest effort or has the physician reached a plateau? When do we ask for an FCE? What are the differences between FCE’s and FME’s? How do we know if a patient is truly on the road to recovery or on the road to easy street? Listen to an occupational medical physician describe "the order of things".

Nat Levine

Kathleen T. Jenkins, MD, MPH

Marc R. Gerber, MD

Ken Michaels, DO

A panel of physicians are prepared to answer ANY question from the audience. Medications? Diagnosis? Body parts? If you think it…ask it! Please bring your questions with you or write questions on a 3x5 card supplied to you before the first breakout. Adjusters and case managers will be invited to ask questions from the floor, if desired.

Grand Ballrooms III, IV, V & VI

Convention Level

Daniel Y. Sumner

The Honorable Dennis A. Ross

Stewart L. Colling, Attorney

Andrew Sabolic

David G. Hoppen

Claude D. Revels, Jr.

Florida Workers’ Compensation Law is constantly in flux. The panel will discuss any new legislation or potential legislation from the 2005 session, as well as each panelist’s view on hot topics. 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.

Grand Ballrooms XII, XIII & XIV

Convention Level

Robert L. Bamdas, Attorney

Honorable Daniel Sarno

Charles D. Lee

Paul M. Doolittle, Attorney

This year’s Longshore Breakout takes a step back to cover the basics of a Longshore claim’s voyage starting with the first filing of a Notice of Injury and Claim for Compensation. This panel will give examples of the issues that arise with the claim and various efforts at resolution prior to being referred to the Office of Administrative Law Judges. The adjudicatory process will be discussed as well as avenues of appellate review.

Jerry Adato, MS, CRC, CVE, CCM

Walter Hermann

Senior Claims Examiner

Frank J. Sioli, Attorney

This panel will address the do’s and don’ts of the vocational expert in the Longshore and Harbor Workers’ Compensation Claim. The concept of wage loss is alive and well under the Longshore Act. This topic will explore what it takes to create a viable labor market survey to determine the claimant’s accurate post-injury wage earning capacity.

Shaun Thomas, Agent

Charles D. Lee

Robert L. Bamdas, Attorney

This topic explores the remedies available to employers, carriers and injured workers where fraud or misrepresentation is determined in a Longshore claim. Civil penalties and criminal sanctions will be explored as well as practical techniques for investigating the fraud claim.

Grand Ballrooms IX, X & XI

Convention Level

Stuart F. Suskin, Attorney

Robert L. Dietz, Attorney

E. Douglas Spangler, Jr., Attorney

Kathleen R. Hudson, Attorney

Honorable Jonathan D. Ohlman

Sheldon ("Shelley") Boney Forte, Attorney

Mediation has become an integral part of the Workers’ Compensation system. All cases are mediated prior to hearing. This program will address tactics and strategies that have been employed by mediators to deal with difficult situations. Each panel member will discuss one or two challenging problems encountered in mediation and the techniques they employed to successfully get through a trying moment or ultimately resolve the dispute. A discussion will follow the panel member’s presentation. This program is targeted for mediators, attorneys, adjusters, and others who are interested in methods or ideas for dealing with difficult mediations. Topics include: selection of the mediator, the mediation conference, collateral issues, ethics and fraud.

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

Grand Ballroom VIII

Convention Level

Tim Jesaitis, Attorney

Rafael Gonzalez, Attorney

In very few areas of workers’ compensation does the phrase, "standing still means you’re falling behind," ring so true! Each year (often, each week), some level of state or federal government affects change to our concepts of offsets and settlements (the "math" of the system). To help all practitioners (whether adjuster, attorney, paralegal, employer, or case manager) keep pace, Ralph Gonzalez and Tim Jesaitis, two of the most proficient speakers and writers on these topics, team up again (dare we say, by "popular demand"?). The current trends and pitfalls for social security offsets (new forms!), Grice limitations (new cases!) and Medicare Set-Asides (old and new headaches!) make for an informative as well as entertaining session.

Grand Ballrooms I & II

Convention Level

Thomas S. Thornton, III, Attorney

Kenneth A. David, Attorney

David W. Noblit, Attorney

This is a brand new addition to our convention. Many adjusters, located in Florida, or elsewhere, have the responsibility to adjust claims that occur in other states. We have chosen three experts to provide information for adjusters. Ken David defends workers’ compensation cases in the State of Georgia. David Noblit defends employers and carriers in Tennessee and Tom Thornton does the same in Alabama. Each of them will make a one hour presentation on the laws of their individual states. This will be followed by a 30 minute question and answer session from the audience about all three states.

Kathleen D. Oliver

Dana Prather

Teresa Bullington

Tennessee Department of Labor & Workforce Development

Director of Benefit Review Program

Nashville, TN

Major changes have occurred in Georgia concerning the handling of workers’ compensation claims with the adoption of a new integrated claims management system. This discussion will address these new changes including an update on newly developed rules and forms. Tennessee passed significant changes in its law and administrative rules in 2004. This discussion will address the implementation of those changes.