ASP Span International Training
Late Registration for Golf Tournament Moot Court Judges’ Luncheon (Judges only) Convention Registration & Information E. Earle Zehmer Moot Court Preliminary Rounds
Introduction of Keynote Speaker Guest Speaker and Keynote Address E. Earle Zehmer Moot Court Finals Breakout for Healthcare Providers National Trends In Workers’ Compensation Chemical Exposure And Mold Breakout
Breakout for Adjusters, Program One Breakout for Adjusters, Program Two Breakout for Paralegals And Legal Assistants Breakout for Medical Case Managers/Rehabilitation Providers National Trends In Workers’ Compensation Professional Employer Organization: Florida and National in Scope (PEO Breakout) Chemical Exposure And Mold Breakout
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 Longshore and Harbor Workers’ Compensation Act Breakout on Advanced Mediation Techniques for Mediators, Attorneys and Adjusters Breakout on Multi-State Workers’ Compensation Laws Selected Topics in Management Techniques
ASP Span International Training Steven Wheeler Span International Training Nixa, Missouri
This specially offered course is designed for professional development training for safety practitioners. The curriculum is specifically designed for examination preparation for associate safety professionals and consists of three training days. Workbooks are provided with one specifically designed for self-study. The course includes a scientific calculator for each student with instructions and exercises.
Please sign up early - This class is limited to 20 students per instructor.
Registration for this 3-day ASP course, which includes the conference registration, is $600.00. Registration for the 3-day ASP course only is $549.00. See the registration form for this course, which is included in this booklet. Pre-Registration is required. Registration begins at 7:30 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
7:30 – 8:00 am Late Registration for Golf Tournament Hawks Landing Golf Club at the Marriott World Center – Cart Staging Area (Registration for those not pre-registered, if space available)
8:00 – 1:00 pm Hawks Landing Golf Club at the Marriott World Center Golf Tournament Luncheon in Florida Ballrooms – Harbor Beach & Marco Island, North Tower, immediately following tournament
12:00 – 6:00 pm Palms Ballrooms Convention Level
12:00 – 1:00 am Shuttle Bus between The Marriott World Center, The Caribe Royale, and Premium Outlet Mall (Boarding Courtyard Terrace Marriott World Center & the Main Reception Building [the building in the forefront] of the Caribe Royale). Refer to shuttle map & schedule.
12:30 – 1:45 pm (Judges only) Hall of Cities – Tampa Convention Level
2:00 – 5:00 pm Convention Registration & Information Grand Registration Area Convention Level
2:00 – 5:00 pm E. Earle Zehmer Moot Court Preliminary Rounds Hall of Cities – Atlanta & Anaheim and Grand Ballrooms 1 - 6 Convention Level
Participants: 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
Organizers: Jacqueline L. Blanton, Attorney McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A. Sarasota, FL
Barbara B. Wagner, Attorney Wagenheim & Wagner, P.A. Ft. Lauderdale, FL
Richard A. Sicking, Attorney Miami, FL
Mark L. Zientz, Attorney Miami, FL
7:00 – 1:00 am Shuttle Bus between The Marriott World Center, The Caribe Royale, and Premium Outlet Mall (Boarding Courtyard Terrace Marriott World Center & the Main Reception Building [the building in the forefront] of the Caribe Royale). Refer to shuttle map & schedule.
8:00 – 5:00 pm Grand Registration Area Convention Level
9:00 – 9:15 am Crystal Ballrooms H - Q Convention Level
James N. McConnaughhay, Attorney McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A. General Chairman Tallahassee, FL
Steven A. Rissman, Attorney Rissman, Barrett, Hurt, Donahue & McLain, P.A. Program Chairman Orlando, FL
9:15 – 9:30 am
FWCI Scholarship Presentation J. David Parrish, Attorney Parrish & Smejkal, P.A. Winter Park, FL
Gerald A. Rosenthal, Attorney Rosenthal & Levy, P.A. West Palm Beach, FL
Friends of 440 Scholarship Presentation Richard A. Sadow, Attorney Sadow & Gorowitz, P.A. Miami, FL
9:30 am Introduction of Keynote Speaker
Sam Friedman Editor-in-Chief National Underwriter – Property & Casualty/Risk & Benefits Management Edition Hoboken, NJ
9:30 – 10:30 am
Vincent T. Donnelly President and Chief Executive Officer PMA Capital Corp and the PMA Insurance Group Blue Bell, PA
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.
10:30 – 11:30 am Guest Speaker and Keynote Address
Mike Ditka
Legendary pro football player, coach, and tv personality. Refer to "General Information" section for details.
11:00 – 5:00 pm Palms Ballrooms Convention Level
Look for the giant prize screens announcing exhibit hall prize winners.
Lunch (on your own)
1:30 – 2:30 pm E. Earle Zehmer Moot Court Finals Crystal Ballrooms K, L & M Convention Level
Organizers: Jacqueline L. Blanton, Attorney McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A. Sarasota, FL
Barbara B. Wagner, Attorney Wagenheim & Wagner, P.A. Ft. Lauderdale, FL
Richard A. Sicking Attorney Miami, FL
Mark L. Zientz Attorney Miami, FL
Judged by First District Court of Appeal 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.
2:00 – 4:00 pm Grand Ballrooms 7 & 8 Convention Level
Moderator: Nicole D. Ruocco, Attorney Rissman, Barrett, Hurt, Donahue & McLain, P.A. Orlando, FL
Panel: M. Kemmerly Thomas, Attorney McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A. Tallahassee, FL
Geoffrey Bichler, Attorney Bichler & Kelley, P.A. Winter Park, FL
Alan M. Aronson, Attorney Rosenthal & Levy, P.A. West Palm Beach, FL
Tim Jesaitis, Attorney The Law Office of Tim Jesaitis, P.A. St. Petersburg, FL
Rafael Gonzalez, Attorney Barrs, Williamson, Stolberg, Townsend & Gonzalez, P.A. Tampa, FL
Case Law Update is one of the most important portions and the best attended programs of the Workers’ Compensation Educational Conference. It’s no breakout – it’s the main event. This year, the panelists will discuss many of the major cases that have been decided in the last year by the Appellate Courts as they affect workers’ compensation matters. An analysis of the trends of the court and the law is also given, with 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
Program Moderator: Susan K. McKenna, Attorney Jackson Lewis LLP Orlando, FL
1:00 – 2:00 pm How to Survive an OSHA Inspection
David R. Wylie, Attorney Jackson Lewis LLP Greenville, SC
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.
2:00 – 3:00 pm Hiring and Firing Employees to Minimize Risks
Susan K. McKenna, Attorney Jackson Lewis LLP Orlando, FL
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.
3:00 – 3:10 pm Break
3:10 – 4:00 pm Hot Issues in Wage and Hour Compliance
Susan K. McKenna, Attorney Jackson Lewis LLP Orlando, FL
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.
Breakout for Healthcare Providers
1:00 – 4:30 pm Grand Ballrooms 1, 2 & 3 Convention Level
Lumbar Spine Controversies: Procedures to Find the Cause of the Pain/Procedures to Treat the Cause of the Pain
Moderator: Richard L. Dolsey, MD Fellow, American Academy of Occupational and Environmental Medicine Miami, FL
Speakers: Gaetano J. Scuderi, MD Fellow, American Academy of Orthopaedic Surgery Physicians Health Center Miami, FL
Andrea M. Trescot MD Diplomate of the American Board of Anesthesiology, Diplomate of the American Academy of Pain Management, and Diplomate of the American Board of Pain Medicine Jacksonville, FL
Jairo O. Parada, MD Board Certified, Physical Medicine and Rehabilitation; Pain Medicine; Electrodiagnostics Medicine Tampa, FL
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.
National Trends In Workers’ Compensation Presented by the National Underwriter
1:00 – 4:00 pm Grand Ballrooms 4, 5 & 6 Convention Level
1:00 – 2:30 pm Name That Emerging WC Exposure!
National Trends Program Moderator and Panel Moderator: Sam Friedman Editor-In-Chief, National Underwriter Hoboken, NJ
Panelists: Jennifer Tomlin Senior Vice President Zurich North America Schaumburg, IL
Robert P. Hartwig Senior Vice President and Chief Economist Insurance Information Institute New York, NY
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.
2:30 – 2:45 pm Break
2:45 – 4:00 pm Are Baby Boomers A Bust For WC?
Moderator: Sam Friedman Editor-In-Chief, National Underwriter National Underwriter Hoboken, NJ
Panelists: Harry Shuford, PhD Practice Leader and Chief Economist Actuarial and Economic Services Division NCCI Holdings, Inc. Boca Raton, FL
Ned Wilson Director of Strategic Projects FCCI Insurance Group Sarasota, FL
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.
Chemical Exposure And Mold Breakout Presented by the University of South Florida, Sunshine Education and Research Center
1:00 – 5:00 pm Grand Ballrooms 12, 13 & 14 Convention Level
1:00 – 3:00 pm Case Studies in Mold Exposures
Panel: Raymond Harbison, PhD Director of the Center for Environmental and Occupational Risk Analysis and Management and Professor of Environmental and Occupational Health at the College of Public Health, University of South Florida Tampa, FL
Thomas Truncale, DO, MPH University of South Florida, Colleges of Medicine and Public Health Tampa, FL
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.
3:00 – 3:15 pm Break
3:15 – 5:00 pm The Exposure is EVERYTHING: Linking an Exposure, Dose and Disease
Panel: James D. McCluskey, MD, MPH, PhD University of South Florida, Colleges of Medicine and Public Health Tampa, FL
James Poole, PhD, CIH University of South Florida, College of Public Health Tampa, FL
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.
1:00 – 4:15 pm BREAKOUT ON WORKPLACE SAFETY, TRACK ONE Grand Ballrooms 9 & 10 Convention Level
1:00 – 2:00 pm OSHA Recordkeeping: Making Sense of the New Recordkeeping Handbook
Presenter: Joan Spencer Compliance Assistance Specialist OSHA Tampa, FL
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 OSHA Update
Presenter: Joe Roesler Compliance Assistance Specialist U.S. Department of Labor Occupational Safety & Health Administration Jacksonville, FL
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.
3:00 – 3:15 pm Break
3:15 – 4:15 pm OSHA’s Role in Response to Recent Hurricanes
Presenter: Vergie Bain Compliance Assistance Specialist U.S. Department of Labor Occupational Safety & Health Administration Ft. Lauderdale, FL
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 BREAKOUT ON WORKPLACE SAFETY, TRACK TWO Hall of Cities – Tampa Convention Level
1:00 – 2:00 pm Upstream, Behavior-Based Safety Recognition: Do’s and Don’ts
Presenter: Bill Sims, Jr., President The Bill Sims Company Columbia, SC
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.
2:00 – 3:00 pm When the Training has Derailed: Engineering and PPE Control Alternatives to Injury Prevention
Presenter: Ed Sowers, Jr. Senior Loss Control Consultant AIG Consultants, Inc. Apopka, FL
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.
3:00 – 3:15 pm Break
3:15 – 4:15 pm Safety Culture Change! One Person at a Time
Presenters: Tom Stewart, President Tom Stewart Consulting, Inc. Menlo, GA
Kenny Jones Sr. Risk Control Consultant Cox Enterprises, Inc. Atlanta, GA
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.
_______________________________________________________________ 1:00 – 5:00 pm BREAKOUT ON WORKPLACE SAFETY, TRACK THREE Hall of Cities – St. Louis Convention Level
1:00 – 5:00 pm Maintenance of Traffic
Presenter: Shaun E. Stewart, Sr. Florida Department of Transportation Jacksonville, FL
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.
_______________________________________________________________ 7:00 – 12:00 am Crystal Ballrooms G - Q Convention Level
Featured Entertainment: Sugarland and Diamond Rio
Opening Act: 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.
8:00 – 5:00 pm Grand Registration Area Convention Level
9:00 – 5:00 pm Palms Ballrooms Convention Level
Look for the giant prize screens announcing exhibit hall prize winners.
Program One
8:45 – 5:15 pm Crystal Ballroom H Convention Level
8:45 – 9:45 am Is it a Pain in the Neck?
Introduction: Karen Ursulich Orlando Orthopaedic Center Orlando, FL
Panel: Common Injuries of the Cervical Spine G. Grady McBride, MD Orlando Orthopaedic Center Orlando, FL
Common Cases of Injuries to the Upper Extremity: Shoulder Impingement & Carpal Tunnel Syndrome Lawrence S. Halperin, MD Orlando Orthopaedic Center Orlando, FL
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.
9:45 – 10:00 am Break
10:00 – 11:00 am The Aguilera Decision: What Does It Really Mean
Moderator: Jean T. Feldman, RN, BSN, MSCC Senior Vice President of Care Management Operations CHOICE Medical Management Services Tampa, FL
Panel: Joan M. Bruyntjens Director of Workers’ Compensation Claims FCCI Insurance Group Sarasota, FL
Jodi J. Jaffe, Attorney McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A. Ft. Lauderdale, FL
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.
11:00 – 12:00 pm The Top Ten Reasons Why Claimants go to Lawyers
Moderator: Raymond A. Lopez, Attorney Rissman, Barrett, Hurt, Donahue & McLain, P.A. Orlando, FL
Panel: Glen D. Wieland, Attorney Wieland & Hilado, P.A. Orlando, FL
Stewart L. Colling, Attorney Colling, Gilbert & Wright, P.A. Maitland, FL
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.
12:00 – 1:00 pm Lunch (on your own)
1:00 – 3:00 pm Oral Argument (The same presentation will take place in Breakout for Adjusters, Program One and Program Two) Presented by the First District Court of Appeal
Moderator: Jon S. Wheeler Clerk First District Court of Appeal Tallahassee, FL
Panel: Honorable Charles J. Kahn, Jr., Chief Judge First District Court of Appeal Tallahassee, FL
Honorable Peter D. Webster First District Court of Appeal Tallahassee, FL
Honorable Marguerite Davis First District Court of Appeal Tallahassee, FL
Honorable Edwin B. Browning, Jr. First District Court of Appeal Tallahassee, FL
Honorable Joseph Lewis, Jr. First District Court of Appeal Tallahassee, FL
Honorable Paul M. Hawkes First District Court of Appeal Tallahassee, FL
Honorable Bradford L. Thomas First District Court of Appeal Tallahassee, FL
Don Brannon, Marshal First District Court of Appeal Tallahassee, FL
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.
3:00 – 3:15 pm Break
3:15 – 4:15 pm Fraud: You Can Never Know Too Much
Moderator: Jana Cauley Claims Supervisor Summit Claims Management Lakeland, FL
Panel: Jeffrey Korte Bureau Chief Workers’ Compensation Fraud Department of Financial Services/Division of Insurance Fraud Tallahassee, FL
Robert J. Rodriguez, Attorney Miller, Kagan, Rodriguez & Silver, P.A. Miami, FL
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.
4:15 – 5:15 pm Ethics
Carl Van President & CEO International Insurance Institute, Inc. Gretna, LA
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.
Program Two
8:45 – 5:15 pm Crystal Ballroom J Convention Level
8:45 – 9:45 am Handling Catastrophic Cases: Damage Control
Moderator: Marilyn Roofner, P.T. Physician Relations and Business Development Orlando Regional Healthcare Systems Orlando, FL
Panel: David Portee, MD Specialty Peer Review Physician Consultant KePRO South Orlando, FL
Robin Lopez Team Manager/Supervisor Liberty Mutual Group Tampa, FL
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.
9:45 – 10:00 am Break
10:00 – 12:00 pm Issues and Answers: Hot Topics
Moderator: Jeff Taylor President MSA Annuity Sarasota, FL
Panel: Nancy G. Kornbluh Technical Specialist St. Paul/Travelers Insurance Orlando, FL
Beverly K. Romine Workers’ Compensation HEX Claim Consultant The Hartford Insurance Group Lake Mary, FL
Nicole Gordon Claims Supervisor ESIS Tampa, FL
Mary McDaniel Workers’ Compensation Manager Oasis Sarasota, FL
Scott H. Silver, Attorney Miller, Kagan, Rodriguez & Silver, P.A. Ft. Lauderdale, FL
As always, this is one of the premiere presentations of the entire convention. All of the claims’ professionals on this panel will present a detailed analysis of several workers’ compensation "hot topics". 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.
12:00 – 1:00 pm Lunch (on your own)
1:00 – 3:00 pm Oral Argument (The same presentation will take place in Breakout for Adjusters, Program One and Program Two) Presented by the First District Court of Appeal
Moderator: Jon S. Wheeler Clerk First District Court of Appeal Tallahassee, FL
Panel: Honorable Charles J. Kahn, Jr. First District Court of Appeal Tallahassee, FL
Honorable Peter D. Webster First District Court of Appeal Tallahassee, FL
Honorable Marguerite Davis First District Court of Appeal Tallahassee, FL
Honorable Edwin B. Browning, Jr. First District Court of Appeal Tallahassee, FL
Honorable Joseph Lewis, Jr. First District Court of Appeal Tallahassee, FL
Honorable Paul M. Hawkes First District Court of Appeal Tallahassee, FL
Honorable Bradford L. Thomas First District Court of Appeal Tallahassee, FL
Don Brannon, Marshal First District Court of Appeal Tallahassee, FL
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.
3:00 – 3:15 pm Break
3:15 – 4:15 pm Ethics: The More You Know, The Better You Will Be
Cynthia Gaul Workers’ Compensation Claims Director FCCI Insurance Group Sarasota, FL
Justine G. Esser, CWC, ACA Claims Manager Workers Temporary Staffing Lake Mary, FL
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.
4:15 – 5:15 pm Preparing for Claims Reviews: The Show Must Go On
Moderator: Tere V. Elkins, CRM Operations Manager Sedgwick Claims Management Services, Inc. Lake Mary, FL
Panel: Sonya Y. Vega Workers’ Compensation Coordinator Darden Restaurants, Inc. Orlando, FL
Crystal Chancey Workers’ Compensation Claims Supervisor Publix Super Markets, Inc. Lakeland, FL
Thomas A. Neal Safety and Risk Manager Pepsi Bottling Group Orlando, FL
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.
8:15 – 9:15 am Alumni Breakfasts
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
Program Moderator: Debra H. Pierce, Attorney Rosenthal & Levy, P.A. Port St. Lucie, FL
9:30 – 11:00 am Strategy Session: Hot Topics
Moderator: Stuart F. Suskin, Attorney—State Mediator Gainesville, FL
Panel: Esther Zapata Ruderman, Attorney West Palm Beach, FL
Lisa Lazan, Attorney Vero Beach, FL
James F. Lee, Attorney Miami, FL
Barbara B. Wagner, Attorney Wagenheim & Wagner, P.A. Ft. Lauderdale, FL
This knowledgeable and skilled Strategy Session panel will discuss innovative techniques, new trends, recent decisions, and legislative changes (and challenges) that impact the prosecution and defense of workers’ compensation claims. The Hot Topics will include discussions concerning compensability, major contributing cause, fraud, the 120 day rule, medical benefits, settlements and attorney’s fees.
11:00 – 11:15 am Break
11:15 – 12:15 pm Perspectives of the Office of the Judges of Compensation Claims
Panel: Honorable Robert S. Cohen Director and Chief Judge Division of Administrative Hearings Tallahassee, FL.
Honorable Gerardo Castiello Judge of Compensation Claims President of Florida Conference of Judges of Compensation Claims Miami, FL
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.
12:15 – 2:15 pm Lunch (on your own)
2:15 – 4:15 pm Focus on Ethics and Professionalism-A New Game
Moderator: Howard Scheiner, Attorney—Mediator West Palm Beach, FL
Panel: Richard B. Berman, Attorney Ft. Lauderdale, FL
Richard E. Chait, Attorney Miami, FL
Thomas Hedler, Attorney West Palm Beach, FL
Derrick E. Cox, Attorney Orlando, FL
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).
And Legal Assistants
9:00 – 12:00 pm Crystal Ballroom G Convention Level
Program Moderator: Debbie Scott Legal Assistant Rissman, Barrett, Hurt, Donahue & McLain, P.A. Orlando, FL
9:00 – 10:00 am The Clerk’s Office at DOAH: Everything a Practitioner Needs to Know
Ann Cole Clerk Division of Administrative Hearings Tallahassee, FL
Susan Brown Information Services Director Division of Administrative Hearings Tallahassee, FL
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.
10:00 – 10:10 am Break
10:10 – 11:00 am New Law Permanent Total Claims
Philip R. Augustine, Attorney Langston, Hess, Bolton, Shepard & Augustine, P.A. Maitland, FL
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.
11:00 – 12:00 pm What Does the Paralegal/Legal Assistant Need to Know About the Rules?
Honorable Jonathan B. Ohlman Judge of Compensation Claims Gainesville, FL
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.
Presented by Florida Orthopaedic Society
1:00 – 3:00 pm Crystal Ballroom G Convention Level
Program Moderator: Fraser Cobbe Executive Director Florida Orthopaedic Society Tampa, FL
Bone Growth Biology and the Impact on Return to Work
Michael J. Broom, MD Florida Spine Care Center Orlando, FL
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.
Computer Assisted Surgery: Enhancing Efficiency and Accuracy
Adam S. Bright, M.D. Gulf Coast Orthopaedics Sarasota, FL
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.
Lumbar Artificial Disc and Beyond: Alternatives to Spinal Fusion
Rolando Garcia, Jr., MD Orthopedic Care Center Aventura, FL
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 function and in pain relief. However, lumbar fusion is associated with prolonged recovery, as well as, loss of mobility and function. The collateral damage from the fusion can, in turn, result in significant impairment and disability.
The goal of disc replacement and spinal arthroplasty is a more natural and more functional restoration of the injured spine. Spinal arthroplasty is the field of spine surgery dedicated to repairing, and reconstructing damaged spinal elements while maintaining or restoring motion. This presentation will cover the past, present, and future of spine arthroplasty.
Low Back Pain – Evidence Based Medicine and Treatment Guidelines
E. Richard Strain, MD Orthopaedic Associates South Broward Hollywood, FL
Evidence based medicine and treatment guidelines based on reliable evidence are set to revolutionize the injured workers’ medical care. The definition of evidence based care will be given. How to tell evidence versus non-evidence based guidelines will be discussed. Examples of both will be given. California’s revolutionary new law and its evaluation by the Rand Corporation will be discussed. Examples of wasted money and good care will be given. Resources available on the internet will be discussed.
MUSCLE—Spine Rehabilitation Objective Game Plan
Michael N. Fulton, M.D. Medical Exercise Associates Daytona Beach, FL
This presentation will summarize the basic physiologic principles associated with muscular strength evaluation, as well as the development and maintenance of muscular strength through exercise training. Within this framework, much of the research and experience with testing and training the isolated lumbar extensor muscles will be synthesized and reviewed. Normative data for both men and women and strength curve interpretation will be provided. Other important factors will be discussed with regard to evaluating and conditioning the lumbar extensor musculature.
Open Forum and Panel Discussion
Panel: Michael Broom, MD Adam Bright, MD Rolando Garcia, MD Richard Strain, MD Michael Fulton, MD
The floor is yours! Join us for an open forum on current concepts and challenges in orthopaedics. Please come armed with questions or interesting cases for our panel.
Presented by Florida Chiropractic Association
3:00 – 5:00 pm Crystal Ballroom G Convention Level
Program Moderator: Daniel A. Dodd, DC Dodd Chiropractic Clinic Jacksonville, FL
Chiropractic Treatment Patterns: What Does the Data Say?
Daniel A. Dodd, DC Dodd Chiropractic Clinic Jacksonville, FL
Effective Chiropractic Case Management: Reducing Disability Time & Cost of Claim
William ‘Kyle" Nevius, DC Park Central Rehabilitation Naples, FL
Getting Injured Workers Back to Work: Case Studies
Panel: Bruce A. Hansbrough, DC, DACBOH Industrial Health Solutions Palm City, FL
Debra L. Hoffman, DC Hoffman Chiropractic Centre Tampa, FL
Is There Reluctance of Using Chiropractic Medicine in Workers’ Compensation?
Sissy A. Kammer Nogar & Associates Tallahassee, FL
What Cases Would be an Effective Referral to Chiropractic Physicians?
Panel: Hector C. Pagan, MD Aliquippa Community Hospital Aliquippa, PA
Oregon K. Hunter, MD Rehabilitation Medicine Associates Ocala, FL
Questions to the Panel
This breakout will focus on an independent study conducted by MGT of America detailing the findings and application of chiropractic case management in workers’ compensation. Participants will gain insight into the effectiveness of chiropractic services on overall cost of care, return to work and disability. A panel of chiropractic and allopathic physicians will discuss utilization issues, treatment parameters and when to refer the injured worker to a chiropractic physician. Also featured is when to order testing and the importance of physical restrictions and light duty work.
Breakout for Medical Case Managers/ Rehabilitation Providers
8:50 – 12:00 pm Grand Ballrooms 9, 10 & 11 Convention Level
8:50 – 9:00 am Welcome and Introductions
April C. Brader President Therapy and Sports Center, Inc. St. Petersburg, FL
Betty Reid, RN, CRRN, CDMS, CCM President Rehabilitation Advisors, Inc. Orlando, FL
9:00 – 10:00 am Shoulder Problems in the Workplace
Gordon H. Zuerndorfer, MD Clearwater, FL
This presentation will discuss shoulder problems related to workplace activities that cause some form of disability. It will include a discussion of common disorders both post-traumatic and insidious in onset. Content of this breakout includes signs and symptoms of the disorder, and methods included in reaching the diagnosis including: history, examination, imaging studies, and other medical tests. Treatment options will be outlined with specific reference to longevity as well as costs. The necessity for arthroscopic or open surgical intervention will be covered in detail. A question and answer session will follow.
10:00 – 11:00 am Post-Concussion Disorders: Facts, Fallacies and Foibles
Nathan Zasler, MD, FAAPM&R, FAADEP, DAAPM, CIME Concussion Care Centre of Virginia, Ltd. Glen Allen, VA
This program will examine the variety of clinical issues following presumptive mild traumatic brain injury (MTBI) and post-concussive disorders that may present in a typical or atypical fashion. Attendees will understand MTBI diagnostic criteria, assessment, differential diagnosis and natural history. Neurologic impairment associated with MTBI will be differentiated from non-organic conditions often confused with impairment secondary to MTBI.
11:00 – 12:00 pm Head Injury and the Management of Dizziness and Balance Disorders
Stuart E. Sinoff, MD APEX Balance Centers Tampa, FL
It has been reported that 20 billion dollars per year are spent on balance disorders. This program will enlighten the participant with the history, scope of the problem, symptoms, diagnosis, and treatment of dizziness, balance and mobility disorders. Dr. Sinoff will discuss misconceptions and realities of a correct diagnosis through correlation between examination and objective findings.
Division of Workers’ Compensation Bi-Annual Re-Certification Course for Rehabilitation and Healthcare Providers
Grand Ballrooms 9, 10 & 11 Convention Level
1:00 – 5:00 pm Workers’ Compensation Reemployment Services Program (RES)
Sandra Ondrus, RN, MHSA Program Administrator Bureau of Rehabilitation and Reemployment Services Orlando, FL
This session will review Section 440.491, Florida Statutes, the rules, and changes in workers’ compensation and how those changes may or may not affect you. The intent of RES versus the reality of the program, reemployment assessment, billing, statistics, the referral process and crisis potential will also be discussed. This four-hour session meets the requirement for providers to attend a workshop each two-year license renewal period, as specified in Rule 6A022.002(2).
National Trends In Workers’ Compensation Presented by the National Underwriter
9:00 – 4:45 pm Grand Ballrooms 3 - 6 Convention Level
9:00 – 10:30 am State of the Market
Moderator: Sam Friedman Editor-in-Chief National Underwriter Property & Casualty/Risk & Benefits Management Edition Hoboken, NJ
Panel: Robert P. Hartwig Senior Vice President and Chief Economist Insurance Information Institute New York, NY
John Santulli Senior Vice President of Marketing and Field Operations PMA Insurance Group Blue Bell, PA
Susan Doyle Executive Vice President and General Manager of Field Operations Wausau Insurance Wausau, WI
Carl Mussenden Vice President of Workers’ Compensation Strategy CNA Insurance Chicago, IL
Following an overview of the workers’ compensation industry’s financial status, along with a look at premium, loss and expense trends, this panel of industry leaders will take part in a wide-ranging roundtable discussion of the key developments and challenges facing the industry. The panel will discuss the soaring cost of drugs and medical care, terrorism, pricing, and coverage terms and conditions in the year ahead.
10:30 – 10:45 am Break
10:45 – 12:00 pm The Bottom Line: Measuring The Impact of Workers’ Compensation Claims In Dollars and Sense
Moderator: Vincent Armentano Senior Vice President of Commercial Lines St. Paul Travelers Hartford, CT
Panel: Nancy Brennan Vice President for Product Development and Marketing The Hartford/Specialty Risk Services Hartford, CT
Ned Wilson Director of Strategic Projects FCCI Insurance Group Sarasota, FL
This expert panel will examine how focusing on outcomes can help carriers better assess investments in claims services, including what adjusters and their managers can do to achieve outstanding results while ensuring renewals. Also discussed is how dynamic modeling can be employed to predict the impact of changes in workers’ compensation laws and general societal trends on loss ratios.
12:00 – 1:00 pm Lunch (on your own)
1:00 – 2:30 pm More Carrots, Fewer Sticks: How To Earn Claimant Cooperation
Carl Van President & CEO International Insurance Institute Gretna, LA
Mr. Van, a veritable performance artist in training claims personnel and their managers, will focus this year on how to gain the trust of injured workers, often frustrated and even angry. The primary focus of this session is to improve efficiency and bottom-line results for insurers while satisfying those they cover.
2:30 – 3:45 pm WC Reform Progress Report: What’s The Bottom Line Result?
Moderator: Robert Purdy Executive Vice President AIG/American Home Assurance Philadelphia, PA
Panel: Eric Oxfeld, President Strategic Services for Unemployment & Workers’ Compensation Washington, DC
J. Michael Nolan, President California Workers’ Compensation Institute Oakland, CA
Three top officials in the know assess the impact of workers’ compensation reforms in key states such as California and Florida. Have expectations been met in lowering expenses and premiums? If so, to what extent? If not, why not? In addition, they assess the chances for reform in additional key battleground states, including New York.
3:45 – 4:45 pm Is Intensive Care Required To Curb Workers’ Compensation Medical Costs?
Moderator: Thomas Barrett, Jr. President & CEO CHOICE Medical Management Services Tampa, FL
Panel: Jeff Eddinger Rate-Making Practice Leader and Senior Actuary National Council on Compensation Insurance Boca Raton, FL
George Furlong Vice President of Provider & Payment Services CHOICE Medical Management Services Tampa, FL
Panelists report on the latest statistics and pinpoint critical trends behind soaring costs for medical services and prescription drugs. They also examine how to overcome internal and external obstacles standing in the way of more effective utilization management so that healthcare expenses do not continue spiraling out of control.
Professional Employer Organization: Florida and National in Scope (PEO Breakout)
9:00 – 3:30 pm Crystal Ballroom D Convention Level
Welcome and Introductions
Paul R. Hughes CEO Risk Transfer Holding, Inc. Orlando, FL
9:00 – 9:55 am PEO Fraud Investigations and How to Use the Law to Mitigate Damages
Panel: Tasha Denise Carter Florida Department of Financial Services Bureau of Compliance Senior Management Analyst II Tallahassee, FL
Thomas N. Pallermo Assistant State Attorney Thirteenth Judicial Circuit Tampa, FL
Robert B. Bennett, Attorney Sponsler, Bennett, Jacobs & Cristal, PA. Tampa, FL
This session will examine what the State is doing to prevent, detect and punish those who commit fraud against PEOs in Florida. In addition, the attendees will learn about the civil and criminal remedies that are available to end and mitigate frauds against PEOs. This session will explore how compliance officers are handling onsite job investigations for coverage and the inroads that are being made to prevent abuses. You will find out how a state attorney views a fraud case and how to increase the likelihood of conviction and restitution. You will also learn that while the impact of fraud against PEOs is great, so too are the tools to fight it.
9:55 – 10:50 am PEO National Trends and Issues
Panel: Milan P. Yager Executive Vice President NAPEO Alexandria, VA
Brian Nugent, Attorney The Nugent Law Firm, P.C. Ft. Collins, CO
This session will discuss what is happening in the national PEO market and what to expect in the future for PEOs.
10:50 – 11:00 am Break
11:00 – 12:30 pm PEOs in Different Jurisdictions
Moderator: Torben S. Madson, III, Attorney Alvarez, Sambol, Winthrop, & Madson, P.A. Orlando, FL
Panel: Thomas S. Thornton, II, Attorney Carr, Allison, Pugh, Howard, Oliver & Sisson, P.C. Birmingham, AL
John M. Polson, Attorney Fisher & Phillips, LLP Irvine, CA
R. Briggs Peery, Attorney Swift, Currie, McGhee and Hiers, LLP Atlanta, GA
J. Russell Goudelock, II, Attorney McAngus, Goudelock & Courie, LLC Columbia, SC
This session will discuss PEO licensing requirements, how PEOs are perceived in different jurisdictions and how the law of each represented state addresses PEO issues. There will be a discussion regarding how cases have been decided in these other jurisdictions relating to PEOs and how the laws are being interpreted in the represented states.
12:30 – 1:30 pm Lunch (on your own)
1:30 – 2:30 pm Litigation and Claims Issues Particular to PEOs
Moderator: Teresa L. Pike Vice President of Risk Management Unisource Administrators, Inc. Sarasota, FL
Panel: Patti Howell Director of Claims Gevity HR Bradenton, FL
Alice Bane Claim Supervisor Unisource Administrators, Inc. Sarasota, FL
James N. McConnaughhay, Attorney McConnaughhay, Duffy, Coonrod, Pope & Weaver, PA Tallahassee, FL
Steven A. Rissman, Attorney Rissman, Barrett, Hurt, Donahue & McLain, PA Orlando, FL
This session will discuss the unique situations found in the PEO environment as it relates to claims and litigation. We will focus on how claims’ handling is affected by having a co-employer relationship and specific issues that arise as a result.
2:30 – 3:30 pm PEO and Experience Rating
Moderator: Teresa L. Pike Vice President of Risk Management Unisource Administrators, Inc. Sarasota, FL
Panel: Paul R. Hughes CEO Risk Transfer Holdings, Inc. Orlando, FL
Mona T. Carter National Policy Executive NCCI Boca Raton, FL
Gerald Ordoyne Director of Experience Rating NCCI Boca Raton, FL
This session will discuss PEO Unit Stat Filings, how mods are used and if and when exceptions can be made to the use of the mod. NCCI will walk us through an actual mod calculation from A-Z discussing how reported information impacts your mod. They will discuss how class codes are applied and what you can do to make sure your mod is as accurate as possible. They will also discuss special rules which can affect your mod and the intent behind these rules.
Chemical Exposure And Mold Breakout Presented by the University of South Florida, Sunshine Education and Research Center
8:00 – 5:00 pm Grand Ballrooms 12, 13 & 14 Convention Level
8:00 – 10:00 am Challenging Expert Medical and Toxicology Testimony: The Role of the Expert
Raymond Harbison, PhD Director of the Center for Environmental and Occupational Risk Analysis and Management and Professor of Environmental and Occupational Health at the College of Public Health, University of South Florida Tampa, FL
James D. McCluskey, MD, MPH, PhD University of South Florida, Colleges of Medicine and Public Health Tampa, FL
Steven Mlynarek, PhD, CIH University of South Florida, College of Public Health Tampa, FL
Thomas Truncale, DO, MPH University of South Florida, Colleges of Medicine and Public Health Tampa, FL
To arrive at an evidence based result, an expert must evaluate scientifically reliable evidence of general causation, that is, whether any workplace exposure is capable of causing the particular injury claimed. Subsequently, the expert must consider specific causation, that is, whether the workplace exposure actually caused a worker’s condition. Under accepted principals of toxicology, in order to reach conclusions, the expert’s testimony must be based upon reliable evidence that: 1) there was a harmful workplace exposure; 2) that the claimant was exposed to a harmful amount of chemical in the workplace; 3) that the dose and duration of the exposure was sufficient to cause injury; and 4) that the claimant’s specific injuries resulted from the workplace exposure. Our panel of experts discusses proper scientific methodology, as well as, what does not pass for reliable scientific methodology.
10:00 – 10:15 am Break
10:15 – 12:00 pm What Happens at Trial? The Plaintiff and Defense Have Their Day in Court
Gerald A. Rosenthal, Claimants’ Attorney Rosenthal & Levy, P.A. West Palm Beach, FL
David M. Schweiger, Defense Attorney Johnson, Anseimo, Murdoch, Burke, Piper & McDuffe, P.A. Ft. Lauderdale, FL
James D. McCluskey, MD, MPH, PhD University of South Florida, Colleges of Medicine and Public Health Tampa, FL
Steven Mlynarek, PhD, CIH University of South Florida, Colleges of Medicine and Public Health Tampa, FL
There are two sides to every argument and for that matter, every court case. This mock trial is intended to model the proceedings typically found at a workers’ compensation trial, where the issue is exposure to chemicals. Participants will hear a brief presentation of an occupational exposure case to set the stage. The two sides, claimant and defense, will present their arguments and each will provide expert testimony for the audience and the judge to determine the merits of the case. Discussion by the panel will follow to highlight the strengths and weaknesses of each argument.
12:00 – 1:00 pm Lunch (on your own)
1:00 – 3:00 pm Hunting for Clues: Critical Aspects of an Indoor Environmental Quality Evaluation
Rene Salazar, PhD, CIH, MPH Salazar Consulting Group, Inc. Tampa, FL
Indoor environmental quality continues to be an important occupational health issue, resulting in lost time and reduced productivity for employers. Costly workers’ compensation claims and ensuing litigation inevitably increase the associated financial impact. Over the years, the focus of exposure has shifted from traditional agents such as carbon monoxide and formaldehyde to biological agents such as molds and toxins. This session will examine the evolution of indoor environmental quality programs over the past decade and focus on sources and conditions most commonly implicated in the current development of those problems.
3:00 – 3:15 pm Break
3:15 – 5:00 pm Dirty Job: Safety of Clean-Up Workers for Hurricanes
Steve Morris, III, MD Project Director for Bioterrorism and Disaster Training University of South Florida Tampa, FL
As the emergency response phase and the emergency lifesaving activities are completed following hurricanes, a gradual transition into the long process of clean-up, rebuilding, recovery and rehabilitation begins. This lecture will identify important issues of occupational and environmental exposures for workers’ involved in the clean-up operations in post-hurricane settings. It will also identify strategies for protecting responders against possible adverse health impact which would help reduce workers’ compensation vulnerability to the workers involved in the clean-up operations.
9:00 – 4:15 pm BREAKOUT ON WORKPLACE SAFETY, TRACK ONE Crystal Ballrooms A & B Convention Level
Moderator: Joan Spencer Compliance Assistance Specialist OSHA Tampa, FL
9:00 – 10:00 am OSHA’s Outreach Efforts for the Hispanic Worker
Presenter: Vergie Bain Compliance Assistance Specialist U.S. Department of Labor Occupational Safety & Health Administration Ft. Lauderdale, FL
While the overall workplace fatality rate is down by 12.5% since 2001, fatalities among Hispanic workers increased slightly over last year. OSHA continues to broaden its efforts to reach these at-risk workers. OSHA instituted many initiatives that target industries in which Hispanic workers are significantly represented. This presentation will discuss many of the Hispanic outreach initiatives taken by OSHA.
10:00 – 10:15 am Break
10:15 – 11:15 am Partnerships: What OSHA is Looking for in a Successful Partner
Presenter: Joe Roesler Compliance Assistance Specialist U.S. Department of Labor Occupational Safety & Health Administration Jacksonville, FL
Why partner with OSHA? Learn what distinguishes this program from other programs that OSHA has, and why it has been and continues to be a successful program. Participants will learn what benefits they can have through an OSHA partnership. In addition, participants in this session will learn about partnership basics through establishing safety and health goals, roles, responsibilities and safety and health tracking at the partnered worksites.
11:15 – 1:00 pm LUNCH – TOUR THE SAFETY MEDIA CENTER
1:00 – 2:00 pm OSHA Inspections: How are they Conducted from the Compliance Officer’s Perspective?
Presenter: Joan M. Spencer Compliance Assistance Specialist U.S. Department of Labor Occupational Safety & Health Administration Tampa, FL
Would you like to know what the compliance officer does before, during, and after an inspection of your work site? This presentation will walk you through the thought process of an OSHA compliance officer when conducting an inspection and help you recognize the hazards you may be missing. A CD with pictures of hazards will be provided. Copies of the CD are limited to attendees.
2:00 – 3:00 pm The New OSHA Hexavalent Chromium Standard
Presenter: John C. Smyth, MSPH, CIH Senior Industrial Hygienist Salazar Consulting Group, Inc. Tampa, FL
The Occupational Safety and Health Administration published the new standard for occupational exposure to hexavalent chromium on February 28, 2006. The new standard covers exposure to hexavalent chromium in general industry, construction and shipyards. The new standard lowers OSHAs permissible exposure limit (PEL) for hexavalent chromium and all hexavalent chromium compounds from 52 to 5 milligrams per cubic meter of air. The new standard also includes provisions relating to preferred methods for controlling exposure, respiratory protection, protective work clothing and equipment, hygiene areas and practices, medical surveillance, hazard communication and recordkeeping. This breakout will discuss in detail this new standard applicable to all industries.
3:00 – 3:15 pm Break
3:15 – 4:15 pm Industrial Hygiene 101- What Should I Know? Why Should I Care?
Presenter: Steve Mlynarek, Ph.D. University of South Florida Tampa, FL
Upon completion of this program, attendees will be able to: 1) describe what industrial hygiene is; 2) explain the strengths and limitations of industrial hygiene; 3) recognize industrial hygiene data and how the results are interpreted.
_______________________________________________________________ 8:00 – 4:15 pm BREAKOUT ON WORKPLACE SAFETY, TRACK TWO Crystal Ballrooms E & F Convention Level
8:00 – 9:00 am NFTA 70E Rules for Protective Clothing and Calculations for Safe Work Zone
Presenter: Steve Barrington Regional Sales Manager JDF Associates Alpharetta, GA
Medical costs high
Between five and 10 times a day, an arc flash explosion occurs in electric equipment somewhere in the United States that sends a burn victim to a special burn center, according to statistics compiled by CapSchell, Inc., a Chicago-based research and consulting firm that specializes in preventing workplace injuries and deaths.
That number does not include cases sent to regular hospitals and clinics, or unreported cases and "near misses," estimated to be many times that number. There are one or two deaths a day from these multi-trauma events, noted Dr. Mary Capelli-Schellpfeffer, principal investigator.
The costs of these incidents are staggering. According to a 1999 Electric Power Research Institute (EPRI) study cited by CapSchell, a utility company’s total spending estimate for electrical incidents over a two-year period was $15.75 million per case when related indirect costs were considered along with the direct expenses.
One manufacturer, as reported by the Institute of Electrical and Electronics Engineers (IEEE), reported it has experienced an average of 2.2 arc flash injuries per year over the past 10 years.
9:00 – 10:00 am The New American National Standards Institute (ANSI) Z 15 "Fleet Standard"
Presenter: James D. Smith, M.S., CSP Director, Risk Control Services Arthur J. Gallagher & Co. (Florida) Risk Management Services Boca Raton, FL
This presentation will address the new ANSI Z 15 "Safe Practices for Motor Vehicle Operations" standard. In the case of fleet incidents, currently no standard exists to allow businesses to use as a reference regarding what constitutes good business practice. The Z 15 Standard is intended to address what elements should be present and what good industry practice should be followed in your fleet program. Considering that fleet accidents are the leading cause of work related accidents, such a standard is needed.
10:00 – 10:15 am Break
10:15 – 11:15 am Multi-Employer Workplace Safety
Presenter: Ron G. Prichard, PE, PhD Arcanum Professional Services, Inc. Plainfield, IN
All companies are required to provide safe workplaces for employees and to take reasonable steps to protect others from injury arising out of their business activities. This session addresses multi-employer work site requirements with an understanding of the legal liabilities assumed over exerting too much site safety in regards to potential liability assumed. Attendees will gain an understanding of how to comply with the requirements of multi-employer work sites, without creating additional liability.
11:15 – 1:00 pm LUNCH – TOUR THE SAFETY MEDIA CENTER
1:00 – 3:00 pm The Anatomy of the Spine with Injury Prevention and Post-Injury Return to Work
Presenter: Edward L. Demmi, M.D. Medero Medical Orlando, FL
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.
3:00 – 3:15 pm Break
3:15 – 4:15 pm The Art and Science of Detecting Symptom Exaggeration in the Musculoskeletal System
Presenter: Robert Haight, MD, MSPH University of South Florida, Colleges of Medicine and Public Health Tampa, FL
Symptom exaggeration creates a major cost in any workers’ compensation system especially when the symptom exaggerator is often unaware of his/her behavior. There is a distinct difference between symptom magnification and malingering and it is important to understand the difference. This session examines criteria from the claimant’s history, physical examination, and laboratory tests to determine if these issues are present. The clinical picture for determinations of symptom exaggeration/malingering are oftentimes complex and the purpose of this sessions is to simplify as much as possible what criteria is important in making final conclusions.
_______________________________________________________________ 9:00 – 4:15 pm BREAKOUT ON WORKPLACE SAFETY, TRACK THREE Hall of Cities – Washington Convention Level
9:00 – 10:00 am Electrical Safety
Presenter: Keith Brown University of South Florida Safety Consultation Program Tampa, FL
This session will cover the basic electrical safety requirements necessary for the practical safeguarding of employees. Topics include safe work practices, hazard recognition, safety related maintenance, inspections, and training.
10:00 – 10:15 am Break
10:15 – 11:15 am Integrating Safety & Health and Human Resources – "A discussion on RTW initiatives"
Presenters: Margaret Baumann Crum & Forster Insurance Company Lake Mary, FL
Claude Revels JM Family Enterprises, Inc. Jacksonville, FL
Part of the most recent DWC Rules requires the use of the DWC25 Form by Physicians. In the past, Physicians would indicate, "out of work/TTD/ off work until…., NO Work, sedentary, light duty, medium duty, etc." Today, Physicians are required to limit there work determination to a well defined Limitation/Restriction section on the DWC25 form. This puts the decision for RTW clearly in the hands of those who know their jobs best….EMPLOYERS, therefore it is going to become much more important for Human Resources and Safety/ Workers’ Compensation to work together on RTW initiatives.
11:15 – 1:00 pm LUNCH – TOUR THE SAFETY MEDIA CENTER
1:00 – 4:15 pm Drug Free Workplace and Drug Testing in Claims Management
3:00 – 3:15 pm Break
Moderator: Joan Haynes MJ Wood & Company Jacksonville, FL
Presenters: Tom Aderhold Director Corporate Services PHR Associates, Inc. Tampa, FL
Debra Metzler Allen Dell, PA Tampa, FL
Nancy Davis King, M.D. Certified Medical Review Officer The Occupational Health Center, Inc. Auburndale, FL
This panel of experts will discuss in detail the timely subject of creating and maintaining a Drug Free Workplace Program. Beginning with the legal requirements of establishing such programs and the regulatory standards for their administration including drug testing procedures, the emphasis will be placed on utilizing such a program as a tool for claims management and worker safety.
_______________________________________________________________ 8:00 – 4:15 pm BREAKOUT ON WORKPLACE SAFETY, TRACK FOUR Crystal Ballroom C Convention Level
8:00 – 10:00 am A Holistic Approach to Risk Management: Problems and Solutions
Presenters: Scott A. Johnson Director of Risk and Safety A-1 Contract Staffing Tampa, FL
Richard Campbell Senior Safety Engineer A-1 Contract Staffing, Inc. Tampa, FL
This session describes a proactive interdisciplinary approach to risk management as opposed to safety being a one-dimensional issue of concern only to the safety manager. HR managers, controllers, accounting/insurance departments, operations supervisors, and executive officers all should be involved in creating a safe workplace. This holistic approach to risk management illustrates the needed company-wide concern with safety, and how risk and safety managers can overcome the potential problems with real world solutions.
10:00 – 10:15 am Break
10:15 – 11:15 am Risk Management Based Hiring Facts
Presenter: Joseph W. Smith, Jr. CSP, ARM Executive VP - Operations RCS Services, Inc. Houston, TX
This session explores the hiring decision from the perspective of the risk manager. Learn the filtering process that is used by employers hiring hundreds of thousands of people everyday. These best practices identify and screen out predatory applicants that can cost your organization money. This is not a session on employment law, but rather, a front line approach to making hiring decisions that not only consider the skill levels of the applicants, but also the risk profile.
11:15 – 1:00 pm LUNCH – TOUR THE SAFETY MEDIA CENTER
1:00 – 3:00 pm Insurance, the Missing Link of the Safety and Health Formula
Presenter: C. Gary Lopez, CSP Senior Director of Safety and Risk Management Ranger Construction Company West Palm Beach, FL
This presentation will address how the field of safety and health is undergoing a dramatic shift in terms of how it is managed in the modern organization. Traditionally, safety and health managers aspired to zero accident rates, attempting to eliminate all hazards. However, with the advent of modern management systems being introduced, the traditional approach is being altered to the concept of addressing risks and agreeing to what is an acceptable risk in an organization. This new approach can be looked on as managing risks instead of hazards.
3:00 – 3:15 pm Break
3:15 – 4:15 pm Experience Modification Calculation: The Monetary Quantification of an Effective Safety and Workers’ Compensation Program
Presenters: Bill Pezzutti, J.D. Vice President of Client Services Director of Risk Management Harden & Associates Jacksonville, FL
Kimberly Bass, AAI Vice President Commercial Insurance Division Account Executive Harden & Associates Jacksonville, FL
Do you ever wonder how much can be saved in your workers’ compensation premium payments (or state assessments for self insureds) as a result of having in place a viable safety and workers’ compensation program? Learning how to calculate your premium base for workers’ compensation coverage will give you an awareness of just how a sound workers’ compensation safety program can really create savings. This knowledgeable panel will walk you through how the "experience mod" is calculated and the significant role that this plays in determining how much you pay for workers’ compensation protection. Particular emphasis will be placed on the new statutory requirements for such calculation.
_______________________________________________________________ 8:00 – 5:00 pm BREAKOUT ON WORKPLACE SAFETY, TRACK FIVE Hall of Cities – Tampa Convention Level
8:00 – 5:00 pm Fall Prevention and Protection (Certified and Certificated)
Presenter: Steve Johnson, President Safety Training and Consulting Services, Inc. (STACS, Inc.) Ontario, Canada (In cooperation with Miller Troll Training)
This session reviews current and anticipated fall protection regulations. The presentation 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.
_______________________________________________________________ 8:00 – 5:00 pm BREAKOUT ON WORKPLACE SAFETY, TRACK SIX Hall of Cities – St. Louis Convention Level
8:00 – 9:00 am Introduction to Scaffold Safety Awareness
Presenter: John A. Palmer, CSP Scaffold Training Institute League City, TX
This program will provide a brief introduction into various types of scaffolding and common safety issues. Topics include identification of various types of scaffolds, overview of basic safety requirements such as foundations, guardrails, toeboards, ladder access and most common OSHA violations.
THIS SESSION IS ALSO THE FIRST HOUR OF THE 8-HOUR CERTIFICATION CLASS. Attendees who are attending the 8-hour class will remain in the room after the attendees for the one-hour session are dismissed. Manual provided only to participants of the entire 8-hour course.
8:00 – 5:00 pm Scaffolding (Certified and Certificated)
Presenter: John A. Palmer, CSP Scaffold Training Institute League City, TX
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.
7:00 – 3:00 pm 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.
8:00 – 11:00 am
9:00 – 11:00 am Palms Ballrooms Convention Level
Look for the giant prize screens announcing exhibit hall prize winners.
10:45 am Grand Prize Drawing Inside Exhibit Hall
Compensation Breakout
8:30 – 12:00 pm Crystal Ballroom M Convention Level
8:30 – 8:45 am Introductions –
Tanner Holloman Director Division of Workers’ Compensation Tallahassee, FL
Daniel Y. Sumner Assistant Division Director Division of Workers’ Compensation Tallahassee, FL
MODERATOR: Gregory Jenkins Bureau Chief Bureau of Monitoring and Audit Division of Workers’ Compensation Tallahassee, FL
8:45 – 9:30 am The Bureau of Employee Assistance and Ombudsman: How it Helps all Stakeholders
Robert Reilly Interim Bureau Chief Bureau of Employee Assistance and Ombudsman Division of Workers’ Compensation Tallahassee, FL
Anyone who is familiar with the claims’ adjusting and injured workers’ process knows the importance of a viable regulatory system. There should be a clear understanding of each stakeholder’s role. Injured workers have a right to benefits, a need to be comfortable with the claim process and should have skilled individuals within the process looking out for them. DWC helps injured workers cut through difficulties and provides injured workers with education and resolution to the claims process. This session deals with the roles assumed by this bureau in our workers’ compensation system, and the importance it plays to all stakeholders.
9:30 – 10:15 am Preparing for Audit: How the Transition to Electronic Reporting has Influenced the Audit Process
Gregory Jenkins Bureau Chief Bureau of Monitoring and Audit Division of Workers’ Compensation Tallahassee, FL
Many aspects of an audit have or will change as the Division mandates the electronic reporting of more claims information. Greg Jenkins will discuss how the Division has retooled its audit process to focus on the electronic data insurers submit and what insurers and servicing agents can do to prepare for an audit.
10:15 – 10:30 am Break
10:30 – 11:15 am Reimbursement Disputes: EOBR
Daniel Y. Sumner Assistant Division Director Division of Workers’ Compensation Tallahassee, FL
Samuel Willis III Workers’ Compensation Policy Coordinator Division of Workers’ Compensation Tallahassee, FL
Dan Sumner and Sam Willis will present a detailed discussion of the procedures and processes of medical reimbursement disputes in accordance with Section 440.13(7), Florida Statutes.
11:15 – 11:45 am Claims EDI Mandate
Linda Yon EDI Coordinator Office of Data Quality and Collection Division of Workers’ Compensation Tallahassee, FL
Linda Yon will explain the changes to the Claims EDI Rule (69L-56) and the requirements of the Claims EDI mandate. She will discuss what forms will be required to be filed electronically, and the timeframes in which claims-handling entities are required to submit electronically to the Division.
11:45 – 12:00 pm Question and Answer Session
Florida Bureau of Rehabilitation Breakout
9:00 – 11:00 am Crystal Ballroom J Convention Level
9:00 – 11:00 am Carrier Responsibilities in Workers’ Compensation Rehabilitation and Reemployment Services
Moderator: Reginald L. Watkins Bureau Chief Bureau of Rehabilitation and Reemployment Services Florida Department of Education Tallahassee, FL
Panel: Mary Cilek Government Analyst Bureau of Rehabilitation and Reemployment Services Florida Department of Education Tallahassee, FL
Betty Gibson Government Analyst Bureau of Rehabilitation and Reemployment Services Florida Department of Education Tallahassee, FL
Paul Lincolnhol Government Analyst Bureau of Rehabilitation and Reemployment Services Florida Department of Education Tallahassee, FL
This session will cover employer/carrier responsibilities in the provision of 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 the requirements for reporting voluntary service activity such as medical care coordination, reemployment services, reemployment assessments using Form DWC-21 and reemployment status reviews using Form DWC-22. BRRS staff will also discuss the 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 any revisions under Rule 6A-22, Florida Administrative Code or legislative changes under Section 440.491, Florida Statutes will be discussed along with BRRS statistical information.
(Adjusters and Nurse Case Managers)
8:45 – 12:00 pm Grand Ballroom 3 Convention Level
Program Moderator: Nat Levine President The Family Practice Center of Palm Beaches West Palm Beach, FL
8:45 – 9:45 am The "Write" Stuff
Moderator: Nat Levine President The Family Practice Center of Palm Beaches West Palm Beach, FL
Panel: Lisa Wagner Claim Manager Unisource Administrators Sarasota, FL
E. Louis Stern, Attorney McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A. Sarasota, FL
Jeffrey S. Penner, MD Atlantis Orthopaedics Atlantis, FL
Want the right answers? Ask the right questions! This breakout will teach you how to write "case specific" letters to physicians. This expert panel will discuss what they want to see in their letters. At least, learn how to ask the right questions on compensability, RTW, referrals and plans of care. Don’t be intimidated any longer. Don’t allow the physician to write, "See DWC-25". Don’t miss this one!
9:45 – 10:00 am Break
10:00 – 11:00 am "Let’s Cut to the Chase": A Primer in Lacerations, Burns and Wound Care
Moderator: Nat Levine President Family Practice Center of Palm Beaches West Palm Beach, FL
Speaker: Barry M. Miskin, MD General Surgeon Jupiter, FL
Are you still asking, "How many stitches did he get?" as opposed to "How many centimeters was the laceration?" Do you know the difference between a simple, complex and layered closure? Why do certain wounds heal faster than others? Is there a proper burn care? Listen to an expert in surgery and burn care offer all of the answers? If you ever had a question about this subject, don’t miss this lecture!
11:00 – 12:00 pm Shadow Syndromes
Moderator: Nat Levine President Family Practice Center of Palm Beaches West Palm Beach, FL
Speaker: Homi S. Cooper, MD Atlantic Orthopaedic Group Melbourne, FL
Fibromyalgia and Chronic Fatigue Syndrome are two of the newer buzzwords. They are a diagnosis of exclusion, but alone or in concert with a workers’ compensation illness or injury can escalate the cost of a claim. RSD is another diagnosis that is a cause of concern to payors. How can we treat them? Can we treat them? Can we control them?
9:00 – 11:00 am Grand Ballroom 7 Convention Level
Moderator: Andrew Sabolic Policy Coordinator/Chief of the Bureau of Compliance Division of Workers’ Compensation Department of Financial Services Tallahassee, FL
Panel: The Honorable Dennis A. Ross State Representative, District 63 Lakeland, FL
Robert O’Halloran Vice President of Claims Summit/Claims Center Lakeland, FL
Terry L. Kammer Government Affairs Representative System Council U-4 International Brotherhood of Electrical Workers Tallahassee, FL
Anna Cam Fentriss Attorney Tallahassee, FL
Florida Workers’ Compensation Law is constantly in flux. The panel will discuss any new legislation or potential legislation from the 2006 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.
and Harbor Workers’ Compensation Act
9:00 – 12:00 pm Grand Ballrooms 12, 13 & 14 Convention Level
Moderator: Robert L. Bamdas, Attorney Kelley, Kronenberg, Gilmartin, Fichtel & Wander, P.A. West Palm Beach, FL
9:00 – 10:00 am Extensions of the Longshore Act
Panel: Richard V. Robilotti District Director U.S. Department of Labor New York, NY
Charles D. Lee District Director U.S. Department of Labor Jacksonville, FL
James W. McCreedy, III Attorney Miami, FL
Did you think the Longshore Act only applied to shipbuilding and stevedoring occupations? If you did, you are incorrect. Congress has enacted several extensions of the Longshore Act which cover a diverse group of employees, such as ones injured working overseas under government contract, workers on oil platforms and civilian employees injured on U.S. military bases world-wide.
10:00 – 11:00 am Conflicts Among Circuits Under the Longshore Act
Panel: Christopher P. "Bo" Boyd, Attorney Jacksonville, FL
Paul M. Doolittle, Attorney Jacksonville, FL
What if a non-covered claim under the Longshore Act in Florida may be covered in Louisiana? This panel will explore significant legal variances among the Federal Circuit Courts and the BRB under the Longshore Act on important issues such as jurisdiction and loss of wage earning capacity.
11:00 – 12:00 pm Injuries Caused by Exertion, Stress or Fright
Panel: David C. Barnett, Attorney Port Everglades, FL
Walter C. Hermann Claims Examiner U.S. Department of Labor Jacksonville, FL
James McCreedy, Attorney Miami, FL
Can you have a compensable heart attack or heat stroke with no unusual exertion? Is post-traumatic stress compensable with no physical injury? How are these medically complex and difficult claims investigated, prosecuted and defended under the Longshore Act? This topic will examine these and other troublesome questions relating injuries with no identifiable physical injury or traumatic accident.
Breakout on Advanced Mediation Techniques for Mediators, Attorneys and Adjusters
9:00 – 12:00 pm Grand Ballroom 11 Convention Level
Moderator: Stuart F. Suskin, Attorney State Mediator-District B Gainesville, FL
Panel: Robert L. Dietz, Attorney Orlando, FL
Christine Harter, Attorney Ocala, FL
Kathryn Collins Peek, Attorney Jacksonville, FL
Charles R. Morcroft, Attorney Boca Raton, FL
Mediation has become an integral part of the workers’ compensation system. All cases are mediated prior to hearing. This program will address tactics and strategies that have been employed by mediators to deal with difficult situations. Each panel member will discuss one or two challenging problems encountered in mediation and the techniques they employed to successfully get through a trying moment or ultimately resolve the dispute. A discussion will follow the panel member’s presentation. This program is targeted for mediators, attorneys and adjusters who are interested in methods or ideas for dealing with difficult mediations. 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.
Workers’ Compensation Laws
8:30 – 3:00 pm Grand Ballroom 8 Convention Level
8:30 – 12:00 pm State Workers’ Compensation System: A Comparison
Moderator: Thomas S. Thornton, III, Attorney Carr, Allison, Pugh, Howard, Oliver & Sisson, P.C. Birmingham, AL
Panel: Kenneth A. David, Attorney Swift, Currie, McGhee & Hiers, LLP Atlanta, GA
David W. Noblit, Attorney Leitner, Williams, Dooley & Napolitan, PLLC Chattanooga, TN
J. Russell Goudelock II, Attorney McAngus, Goudelock & Courie, LLC Columbia, SC
Back by popular demand, we are pleased to announce the return of the Multi-State Breakout Session for the 2006 Conference. As was apparent from the attendance from the 2005 session, many adjusters and risk managers from Florida and throughout the country have the responsibility of handling workers’ compensation claims in multiple jurisdictions, especially in the Southeast. We are pleased to announce that we have decided to expand this year’s session. In addition to the attorneys who presented last year and defend workers’ compensation claims in Alabama (Thomas Thornton), Georgia (Ken David) and Tennessee (David Noblit), we have added a representative from South Carolina (Rusty Goudelock) to the program as well. We know this half-day breakout will again be as entertaining and informative as it was in 2005!
12:00 – 1:00 pm Lunch (on your own)
1:00 – 3:00 pm Hottest Issues in Georgia Workers’ Compensation
Honorable David Imahara Georgia State Board of Workers’ Compensation Director of the Alternative Dispute Resolution Division Atlanta, GA
Kathleen Oliver Georgia State Board of Workers’ Compensation Deputy Chief Operating Officer Atlanta, GA
This session will provide information to attendees on the Integrated Claim Management System Update…where we are now and what you can expect in the next 12 months. How will it affect your claims operation? Georgia Law, Rules & Regulation and Form changes that became effective July 1, 2006 will be discussed.
Mediations and Hearings- What do Board Mediators and judges look for and expect from the claims administrator? What does the judge need to make an informed decision? New case law-how will it impact your cases?
Selected Topics in Management Techniques Presented by WCCP
8:00 – 12:00 pm Grand Ballrooms 4, 5 & 6 Convention Level
8:00 am Welcome and Introductions
Maria Allen, Chair WCCP Lake Mary, FL
8:00 – 9:45 am It’s the Ability, Not the Disability!
Dana Bowman Sgt. First Class (Ret.) Weatherford, TX
This session introduces a story of personal tragedy, loss, determination and a victory over a terrible event told by the survivor who conquered these events and made the ultimate comeback. Through the eyes and words of Dana Bowman, we will find that it is the ability, not the disability that is important. Accepting and supporting this concept will assist our injured workers in getting their lives back under control, and ultimately, help us close claims at the most economical cost.
9:45 – 10:00 am Break
10:00 – 12:00 pm What Happens When the Money in a Claims’ Organization Runs Out? Listen to Your Staff – Figure it Out!
Rick Bommelje, Ed.D. Rollins College Winter Park, FL
One of the most frequently asked questions by claims’ supervisors and managers is "How can I motivate my employees, especially when they have peaked in their salary range, or when budgets are tight and there is no more money for raises or bonuses? This program takes a new look at that old question of motivation, but in an insurance claims’ environment. The audience will learn what motivation is and review some of the latest studies on what makes people work productively. The program will acquaint the listeners with the five leadership behaviors that make a difference, including the single most important trait of being a superior leader. The audience will learn to lead by example rather than manage by memo. Specific techniques will be emphasized on how to boost leadership abilities.
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