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Pre-Conference Offerings

 

ASP Span International Training

 

 

 

Sunday, August 13

 

Late Registration for Golf Tournament

Golf Tournament

Exhibit Hall Setup

Moot Court Judges’ Luncheon (Judges only)

Convention Registration & Information

E. Earle Zehmer Moot Court Preliminary Rounds

 

 

 

Monday, August 14

 

Registration and Information

Welcoming Speeches

Scholarship Presentations

Introduction of Keynote Speaker

Keynote Speaker

Guest Speaker and Keynote Address

Exhibit Hall Open

E. Earle Zehmer Moot Court Finals

Case Law Update

Breakout on Employment Law

Breakout for Healthcare Providers

National Trends In Workers’ Compensation

Chemical Exposure And Mold Breakout

Breakout on Workplace Safety

Reception and Entertainment

 

 

 

 

Tuesday, August 15

Registration & Information

Exhibit Hall Open

Breakout for Adjusters, Program One

Breakout for Adjusters, Program Two

Breakout for Attorneys

Breakout for Paralegals And Legal Assistants

Orthopaedic Breakout

Chiropractic Breakout

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

Breakout on Workplace Safety

 

 

 

Wednesday, August 16

 

Registration & Information

Exhibit Hall Open

Grand Prize Drawing Inside Exhibit Hall

Florida Division of Workers’ Compensation Breakout

Florida Bureau of Rehabilitation Breakout

Breakout on Medical Issues (Adjusters and Nurse Case Managers)

Breakout on Legislation

Breakout on Longshore and Harbor Workers’ Compensation Act

Breakout on Advanced Mediation Techniques for Mediators, Attorneys and Adjusters

Breakout on Multi-State Workers’ Compensation Laws

Selected Topics in Management Techniques

 

 

 

Pre-Conference Offerings

 

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

 

 

 

Sunday, August 13

 

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

Golf Tournament

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

Exhibit Hall Setup

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

Moot Court Judges’ Luncheon

(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

 

 

 

Monday, August 14

 

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

Registration and Information

Grand Registration Area

Convention Level

 

9:00 – 9:15 am

Welcoming Speeches

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

Scholarship Presentations

 

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

Keynote Speaker

 

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

Exhibit Hall Open

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

Case Law Update

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.

 

 

 

Breakout on Employment Law

 

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.

 

 

 

Breakout on Workplace Safety

 

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

Reception and Entertainment

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.

 

 

 

Tuesday, August 15

 

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

Registration & Information

Grand Registration Area

Convention Level

 

9:00 – 5:00 pm

Exhibit Hall Open

Palms Ballrooms

Convention Level

 

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

 

 

 

Breakout for Adjusters

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.

 

 

 

Breakout for Adjusters

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.

 

 

 

Breakout for Attorneys

 

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).

 

 

 

Breakout for Paralegals

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.

 

 

 

Orthopaedic Breakout

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.

 

 

 

Chiropractic Breakout

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.

 

 

 

Breakout on Workplace Safety

 

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.

 

 

 

Wednesday, August 16

 

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

Registration & Information

 

9:00 – 11:00 am

Exhibit Hall Open

Palms Ballrooms

Convention Level

 

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

 

10:45 am

Grand Prize Drawing Inside Exhibit Hall

 

 

 

Florida Division of Workers’ 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.

 

 

 

Breakout on Medical Issues

(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?

 

 

 

Breakout on Legislation

 

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.

 

 

 

Breakout on Longshore

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.

 

 

 

Breakout on Multi-State

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.