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.

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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.

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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.