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 11, 2006 – Sunday, August 13, 2006

8:00 – 5:00 pm

Hall of Cities – St. Louis, Convention Level

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

Hawks Landing Golf Club at the Marriott World Center

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

Palms Ballrooms

Convention Level

12:00 – 1:00 am

Shuttle Bus between The Marriott World Center, The Caribe Royale, and Premium Outlet Mall (Boarding Courtyard Terrace Marriott World Center & the Main Reception Building [the building in the forefront] of the Caribe Royale). Refer to shuttle map & schedule.

Hall of Cities – Tampa

Convention Level

Grand Registration Area

Convention Level

Hall of Cities – Atlanta & Anaheim and Grand Ballrooms 1 - 6

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, Attorney

Mark L. Zientz, Attorney

Shuttle Bus between The Marriott World Center, The Caribe Royale, and Premium Outlet Mall (Boarding Courtyard Terrace Marriott World Center & the Main Reception Building [the building in the forefront] of the Caribe Royale). Refer to shuttle map & schedule.

Grand Registration Area

Convention Level

Crystal Ballrooms H - Q

Convention Level

James N. McConnaughhay, Attorney

Steven A. Rissman, Attorney

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

FWCI Scholarship Presentation

J. David Parrish, Attorney

Gerald A. Rosenthal, Attorney

Friends of 440 Scholarship Presentation

Richard A. Sadow, Attorney

Sam Friedman

Vincent T. Donnelly

With more than 27 years of expertise in the industry, Mr. Donnelly 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.

Mike Ditka

Legendary pro football player, coach, and tv personality. Refer to "General Information" section for details.

Palms Ballrooms

Convention Level

Look for the giant prize screens announcing exhibit hall prize winners.

Crystal Ballrooms K, L & M

Convention Level

Jacqueline L. Blanton, Attorney

Barbara B. Wagner, Attorney

Richard A. Sicking

Mark L. Zientz

Honorable Peter D. Webster

Honorable Edwin B. Browning, Jr.

Honorable Bradford L. Thomas

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 7 & 8

Convention Level

Nicole D. Ruocco, Attorney

M. Kemmerly Thomas, Attorney

Geoffrey Bichler, Attorney

Bichler & Kelley, P.A.

Alan M. Aronson, Attorney

Tim Jesaitis, Attorney

Rafael Gonzalez, 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. Tim Jesaitis, defense attorney, and Ralph Gonzalez, claimants’ attorney, add their special brand of analysis (arguing) about what some of the more important cases really mean. This is a must attend presentation.

1:00 – 4:00 pm

Hall of Cities – Boston, Atlanta, Anaheim

Convention Level

Susan K. McKenna, Attorney

David R. Wylie, Attorney

If an OSHA official appears at your door to investigate an employee complaint such as sick building syndrome or an alleged workplace hazard, do you know what you must do and should do in response? What are the company’s rights and responsibilities? This session will provide you with the practical "do’s and don’ts" necessary to survive an OSHA inspection.

Susan K. McKenna, Attorney

Employers large and small today are faced with an increasing barrage of workplace lawsuits. The best ways to minimize the risk of an employment law claim are to screen applicants carefully to avoid a "bad hire" and to adopt effective approaches to terminating the unproductive or problem employee. This session will address the practicalities of how to hire and fire employees to best avoid liability.

Susan K. McKenna, Attorney

On the heels of recent changes to the Fair Labor Standards Act’s regulations, the Department of Labor Wage and Hour Division has a beefed-up enforcement budget and an aggressive approach to penalizing violators. The truth: very few employers are fully in compliance with federal wage and hour laws. This program will discuss the most common areas of noncompliance and effective ways to remedy them.

1:00 – 4:30 pm

Grand Ballrooms 1, 2 & 3

Convention Level

Richard L. Dolsey, MD

Gaetano J. Scuderi, MD

Andrea M. Trescot MD

Jairo O. Parada, MD

The diagnosis and treatment of pain has become a multi-billion dollar industry. This year’s healthcare provider breakout will have an exclusive focus on pain. Our speakers are experienced pain doctors who will discuss and critique procedures that diagnose pain and procedures that treat pain. Topics will include epidural and posterior facet injections, new standing flexion and extension MRIs, botulinum toxin type A, rhizotomy, discography, CT myelography, prolotherapy, EMGs and more.

1:00 – 4:00 pm

Grand Ballrooms 4, 5 & 6

Convention Level

and Panel Moderator:

Sam Friedman

Jennifer Tomlin

Robert P. Hartwig

Presented partly in a "game show" setting, the panelists discuss new occupational and cultural risks facing insurers, adjusters and risk managers in workers’ compensation, with rewards for audience participation. Among the topics examined will be "outside the box" exposures such as obesity, the risk of pandemics, disaster aftermaths and the return of thousands of injured war veterans to the workforce.

Sam Friedman

Harry Shuford, PhD

Ned Wilson

With the first wave of "baby boomers" turning 60, managing the impact of an aging workforce is a key challenge facing insurers, risk managers and adjusters. While older workers tend to be hurt on the job less frequently, severity can be a bigger problem. This panel will examine how costs compare when it comes to older versus younger workers, as well as offering strategies on how to better manage injuries and medical care costs while improving return to work results.

1:00 – 5:00 pm

Grand Ballrooms 12, 13 & 14

Convention Level

Raymond Harbison, PhD

Thomas Truncale, DO, MPH

This will be an interesting presentation for employers, adjusters and lawyers. Two cases will be presented. Both cases are trial level matters where the testimony of the physician was challenged under the Frye or Daubert principles. In both cases, the testimony of the physician was excluded by proper usage of those challenges. This presentation is designed to define the level of proof necessary to show mold exposure in a courtroom setting.

James D. McCluskey, MD, MPH, PhD

James Poole, PhD, CIH

Throughout our lives, we are exposed to chemicals, whether we choose to be or not. Determining the potential health effects is a delicate balance of individual characteristics and pre-dispositions, the level of exposure, the internalized doses and a variety of potential co-factors. This presentation will focus on a chemical exposure scenario, the industrial hygiene evaluation and the medical work-up of reported symptoms and possible illnesses resulting from the exposure and the dosage.

Grand Ballrooms 9 & 10

Convention Level

Joan Spencer

OSHA has released "The OSHA Recordkeeping Handbook" which is a compendium of existing agency approved policies, including the 2001 recordkeeping rule (Regulatory text and relevant decision discussion from the Preamble to the rule), frequently asked questions and the letters of interpretation. The handbook is designed to answer recordkeeping questions raised by employers, employees, and members of the OSHA family who are familiar with the basic requirements of the rule but wish to obtain additional information on specific recordkeeping issues. A bound copy of the handbook will be provided. Copies are limited for attendees.

2:00 – 3:00 pm

Joe Roesler

If you have been wondering what is going on with OSHA on a Local, Regional or National level, this will be an event you will need to attend. Participants will be provided details on upcoming and new standards, directives, partnerships, special emphasis programs, inspection targeting and OSHA’s current budget issues.

Vergie Bain

There were many lessons learned by OSHA after responding to the many hurricanes last year. With the vast number of workers involved in the cleanup, recovery and rebuilding efforts, it became very evident to OSHA the importance of ensuring that workers operated safely to prevent injuries, illnesses and fatalities. The Department of Labor coordinated national and local safety and health response to hurricane cleanup efforts resulting in worker safety and lives saved. This presentation will provide an insight into the role played by OSHA in ensuring the safety and health of emergency responders and post hurricane relief workers.

_______________________________________________________________

1:00 – 4:15 pm

Hall of Cities – Tampa

Convention Level

Bill Sims, Jr., President

This session will explore the role of "safety recognition" as it relates to improved employee behavior, identifying the most popular kinds of recognition programs and their pros and cons, including: downstream or trailing indicator; upstream or leading indicator; and randomized games of chance and drawing programs. The most popular recognition tools will be discussed and their pros and cons including: cash; gift cards and cash substitutes; travel awards; big ticket giveaways (cars etc.); and non-cash merchandise awards. Injury hiding and its root causes as it relates to incentives and recognition will also be a part of this presentation. Recognition for the middle manager, who is usually left out of the process, will be a topic for this breakout.

Ed Sowers, Jr.

This presentation will discuss the following topics: Explanation of the Three Primary Loss Control Techniques; Most Commonly Used Controls and Their Pros and Cons; Primary Loss Sources in General Industry and the Construction Industry; Examples of Engineering and PPE Controls to Identify Primary Loss Sources; and Selling Engineering and PPE Controls to Upper Management.

Tom Stewart, President

Kenny Jones

Most businesses today are looking for a quick fix to their safety and risk problems. It just doesn’t happen. This presentation focuses on a five-year effort in bringing about safety culture change at a multi-location (85) company, and discusses the trials and tribulations of how change really happens.

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1:00 – 5:00 pm

Hall of Cities – St. Louis

Convention Level

Shaun E. Stewart, Sr.

This presentation relates to maintenance of traffic (MOT) and will be an awareness level presentation covering such matters as liability of those who are responsible for the actual set up of traffic control devices, as well as, maintenance of the devices and inspection of the MOT. The program will discuss the various types of traffic control devices, examples of acceptable traffic control plans, and legally acceptable flagging techniques.

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Crystal Ballrooms G - Q

Convention Level

Sugarland and Diamond Rio

The River

Casual attire. Beverages & heavy hors d’oeuvres. Adults only, please. Refer to "General Information" section for information on Sugarland, Diamond Rio and The River.

7:00 – 12:00 am

Shuttle Bus between The Marriott World Center, The Caribe Royale, and Premium Outlet Mall (Boarding Courtyard Terrace Marriott World Center & the Main Reception Building [the building in the forefront] of the Caribe Royale). Refer to shuttle map & schedule.

Grand Registration Area

Convention Level

Palms Ballrooms

Convention Level

8:45 – 5:15 pm

Crystal Ballroom H

Convention Level

Karen Ursulich

Common Injuries of the Cervical Spine

G. Grady McBride, MD

Common Cases of Injuries to the Upper Extremity: Shoulder Impingement & Carpal Tunnel Syndrome

Lawrence S. Halperin, MD

Are symptoms a true pain in the neck? Understanding all the medical terms and the difference between symptoms is the key. The Orlando Orthopaedic Center physicians will be discussing the most common misconceptions about cervical and upper extremity pain. Audience members will have the opportunity to ask the physicians questions during the presentation. Join Dr. McBride and Dr. Halperin for a practical straightforward program designed to make your job easier.

Jean T. Feldman, RN, BSN, MSCC

Joan M. Bruyntjens

Jodi J. Jaffe, Attorney

This is one of the most significant decisions in the last few years in Florida Workers’ Compensation, and you need to know how it affects you. Find out how you can become personally liable for actions you take or do not take on a claim. Learn some things you should do, things you should not do and what impact this ruling may have on your mediations and settlements.

Raymond A. Lopez, Attorney

Glen D. Wieland, Attorney

Stewart L. Colling, Attorney

Here is your chance. Two top quality claimants’ lawyers will tell you what claimants tell them about why they seek counsel. You thought you were doing everything to keep injured workers from needing lawyers. Find out if you were right.

(The same presentation will take place in Breakout for Adjusters, Program One and Program Two)

Presented by the First District Court of Appeal

Jon S. Wheeler

Honorable Charles J. Kahn, Jr., Chief Judge

Honorable Peter D. Webster

Honorable Marguerite Davis

Honorable Edwin B. Browning, Jr.

Honorable Joseph Lewis, Jr.

Honorable Paul M. Hawkes

Honorable Bradford L. Thomas

Don Brannon, Marshal

This session is a first time ever for the adjuster breakouts. Both Program One and Program Two will combine so that all adjusters can watch two actual cases being argued live before a panel of Judges of the First District Court of Appeal. The decision of the Court will be posted on the Court’s website several weeks after the oral arguments take place. Although this presentation is part of the Breakout for Adjusters, everyone is invited to attend.

Jana Cauley

Jeffrey Korte

Robert J. Rodriguez, Attorney

Fraud continues to be a problem in the Workers’ Compensation industry. The panelists will present case scenarios, taking us through the role of the adjuster, the Division of Insurance Fraud and the State Attorney in the prosecution of a successful criminal fraud case. The panelists will speak on accumulating key information and how exculpatory evidence can impact the result. There will be a discussion on "intent," and "knowingly or intentionally" engaging in any acts that constitute fraud or misrepresentation.

Carl Van

Nationally known speaker, Carl Van, always gets the adrenaline flowing. Here he educates adjusters on how and why they should empathize with claimants. The more an adjuster realizes exactly what an injured worker is going through, the better prepared the adjuster will be to meet those challenges.

8:45 – 5:15 pm

Crystal Ballroom J

Convention Level

Marilyn Roofner, P.T.

David Portee, MD

Robin Lopez

Catastrophic injuries are infrequent but very costly. A physician and a claims’ adjuster, who both specialize in catastrophic injuries, will tell you what to expect from a medical standpoint and what to anticipate from a claims’ handling perspective. Proactive and prompt medical care are critical elements in these types of cases.

Jeff Taylor

Nancy G. Kornbluh

Beverly K. Romine

Nicole Gordon

Mary McDaniel

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". Scott Silver’s role is to crystallize the issues and present them in his own unique way. Moderator, Jeff Taylor, will be your guide. Among the topics discussed will be how to defend a new law permanent total claim, how to defend a new law temporary partial claim, adjuster depositions, and settling complicated cases, especially in light of wrongful termination, ADA and voluntary resignation issues.

(The same presentation will take place in Breakout for Adjusters, Program One and Program Two)

Presented by the First District Court of Appeal

Jon S. Wheeler

Honorable Charles J. Kahn, Jr.

Honorable Peter D. Webster

Honorable Marguerite Davis

Honorable Edwin B. Browning, Jr.

Honorable Joseph Lewis, Jr.

Honorable Paul M. Hawkes

Honorable Bradford L. Thomas

Don Brannon, Marshal

This session is a first time ever for the adjuster breakouts. Both Program One and Program Two will combine so that all adjusters can watch two actual cases being argued live before a panel of Judges of the First District Court of Appeal. The decision of the Court will be posted on the Court’s website several weeks after the oral arguments take place. Although this presentation is part of Breakout for Adjusters, everyone is invited to attend.

Cynthia Gaul

Justine G. Esser, CWC, ACA

Recent case law may have caused some adjusters unrest and fear of applying appropriate guidelines. For the handling of claims, this breakout discussion will encompass the timing of invoking statutory guidelines and the adjuster’s role within those timeframes. There are tools available so that an adjuster can be proactive and ethical at the same time.

Tere V. Elkins, CRM

Sonya Y. Vega

Crystal Chancey

Thomas A. Neal

Claims’ examiners and supervisors are faced with client claim reviews on an on-going basis. They only have one chance to make a lasting impression by showing the client employer that they are in control of the file and they are knowledgeable on the laws and strategies that can minimize the claims’ loss exposure. In this session, claim professionals and employers discuss the best practices in preparing for and completing a claims’ review by identifying the key elements of moving the file to closure and formulating an appropriate action plan toward this goal.

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

9:30 – 4:15 pm

Grand Ballroom 7

Convention Level

Debra H. Pierce, Attorney

Stuart F. Suskin, Attorney—State Mediator

Esther Zapata Ruderman, Attorney

Lisa Lazan, Attorney

James F. Lee, Attorney

Barbara B. Wagner, 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 discussions concerning compensability, major contributing cause, fraud, the 120 day rule, medical benefits, settlements and attorney’s fees.

Honorable Robert S. Cohen

Honorable Gerardo Castiello

Chief Judge Cohen and Judge Castiello will provide practitioners with a perspective from the bench and insight into the operation of the Division of Administrative Hearings. The judges will discuss vital information on rules, procedures, the impact of the new law, and how it is reshaping the role of the Judges of Compensation Claims. Yes, they will talk about attorney’s fees and the role of the Judges of Compensation Claims in approving and determining fees. Time permitting, questions will be taken from the floor.

Howard Scheiner, Attorney—Mediator

Richard B. Berman, Attorney

Richard E. Chait, Attorney

Thomas Hedler, Attorney

Derrick E. Cox, 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 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).

9:00 – 12:00 pm

Crystal Ballroom G

Convention Level

Debbie Scott

Ann Cole

Susan Brown

It has been several years since the Department of Administrative Hearings took over the regulation of Workers’ Compensation. How is it working? What should we be doing that we are not? Ann Cole, who is the Court Clerk for DOAH, will answer these questions and more in a very practical presentation.

Susan Brown will provide technical information on what the Offices of the Judges of Compensation Claims is doing and answer technical computer questions.

Philip R. Augustine, Attorney

Social security standards (grids and listings) are out and a new sedentary employment standard is in. Rehabilitation providers are back. In fact, almost everything about permanent total disability has changed. Our speaker will walk you through the changes, but more importantly, through the difference in what a claimant’s attorney and a defense attorney must do to represent their clients under these completely changed standards.

Under the 2003 changes in the workers’ compensation statute, permanent total disability has been redefined. What is the new criteria for proving such a disability status? Are there new defenses in responding to a claim? This discussion will focus on the "new world" of litigating the issue of permanent total disability and the paralegal/legal assistant’s new role in this yet unchartered field.

Honorable Jonathan B. Ohlman

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

1:00 – 3:00 pm

Crystal Ballroom G

Convention Level

Fraser Cobbe

Michael J. Broom, MD

There have been significant developments and recent advancements in Biologics as it relates to products used in spinal fusions. This discussion will highlight the history of BMP’s and offer a glimpse of Biologic products that may be offered in the future. The presentation will relate the use of Biologics in spinal surgery to improvements that have been documented in patient outcomes. An overriding theme of the presentation is that surgery is a LAST resort for the patient with back or leg problems. Yet, should the patient need surgery, the treatment options today are more advanced. Biologic advancements are a key factor in improved care and hold considerable promise for the future of patient care specifically relating to workers’ compensation cases. Attendees will be able to draw specific correlations to the use of Biologics and return to work times.

Adam S. Bright, M.D.

Computer navigation is revolutionizing the practice of joint replacement surgery, and is the subject of this presentation. In the knee, computer navigation guides the bone cuts to ensure that they are accurate to within 1mm of length and within 1 degree of angulation. Since long-term follow-up research has shown that improper alignment leads to higher failures, the extra 15-30 minutes of surgical time could ensure that the knee replacement will last many more years. By utilizing the computer, intramedullary alignment rods are eliminated, which also eliminates the possibility of fat embolization during surgery. Since the intramedullary canal is not violated, the blood loss has been shown to be nearly 50% less. The computer enables the surgeon to make smaller incisions and cut less muscle, thereby potentially hastening the rehabilitation process and improving the patient’s range of motion.

Rolando Garcia, Jr., MD

Back pain is one of the most commonly reported work-related injuries. Although most patients with back pain following trauma recover within weeks with conservative treatment, a significant percentage develop chronic debilitating pain resistant to non-operative treatment. Pain management has become increasingly popular in the treatment of patients with chronic debilitating back pain but represents palliative and not curative treatment, and seldom results in significant functional improvement.

Lumbar fusion in properly selected patients can result in marked improvement in functi