Late Registration for Golf Tournament Moot Court Judges’ Luncheon (Judges only) Convention Registration & Information E. Earle Zehmer Moot Court Preliminary Rounds
Scholarship and Special Award Presentations The National Underwriter Award for Excellence in Workers’ Compensation Risk Management Introduction of Industry Keynote Speaker Guest Speaker and Keynote Address Grand Prize Drawing Inside Exhibit Hall E. Earle Zehmer Moot Court Finals Breakout for Healthcare Providers National Trends In Workers’ Compensation Breakout on Occupational Exposures and Diseases
Grand Prize Drawing Inside Exhibit Hall Breakout for Adjusters, Program One Breakout for Adjusters, Program Two Breakout for Paralegals And Legal Assistants Breakout for Medical Case Managers/Rehabilitation Providers National Trends In Workers’ Compensation Employee Leasing – Professional Employer Organization Breakout Breakout on Occupational Exposures and Diseases
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 Florida 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
7:30 – 8:00 am Late Registration for Golf Tournament Hawks Landing Golf Club at the Marriott World Center – Cart Staging Area (Registration for those not pre-registered, if space available)
8:00 – 1:00 pm Hawks Landing Golf Club at the Marriott World Center Golf Tournament Luncheon in Florida Ballrooms – Harbor Beach & Marco Island, North Tower, immediately following tournament
12:00 – 6:00 pm Palms Ballrooms Convention Level
12:00 – 1:00 am Shuttle Bus between The Marriott World Center, The Caribe Royale, and Premium Outlet Mall (Boarding Convention Entrance 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 Charleston School of Law 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 Richard A. Sicking, P.A. Miami, FL
Mark L. Zientz, Attorney Law Offices of Mark L. Zeintz Miami, FL
7:00 – 1:00 am Shuttle Bus between the Marriott World Center, The Caribe Royale, and Premium Outlet Mall (Boarding Convention Entrance Marriott World Center & the Main Reception Building [the building in the forefront] of the Caribe Royale). Refer to shuttle map & schedule.
8:00 – 5:00 pm Grand Registration Area Convention Level
9:00 – 9:15 am Crystal Ballrooms H - Q Convention Level
James N. McConnaughhay, Attorney McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A. General Chairman Tallahassee, FL
Steven A. Rissman, Attorney Rissman, Barrett, Hurt, Donahue & McLain, P.A. Program Chairman Orlando, FL
9:15 – 9:30 am Alex Sink Chief Financial Officer Florida Department of Financial Services Tallahassee, FL
9:30 – 9:45 am Scholarship and Special Award 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
9:45 – 10:00 am The National Underwriter Award for Excellence in Workers’ Compensation Risk Management Stephen J. Klingel President & CEO National Council on Compensation Insurance Boca Raton, FL
The National Underwriter, in conjunction with the Florida Workers’ Compensation Institute, recognizes three top risk management specialists from across the country chosen as finalists in the inaugural "National Underwriter Award for Excellence in Workers’ Compensation Risk Management" sponsored by the National Council on Compensation Insurance (NCCI).
10:00 am Introduction of Industry Keynote Speaker Sam Friedman Editor-in-Chief National Underwriter – Property & Casualty/Risk & Benefits Management Edition Hoboken, NJ
10:00 – 11:00 am Robert P. Hartwig, President Insurance Information Institute New York, NY
The industry’s best-known spokesman lays out the top challenges facing the workers’ compensation system, setting the stage for more in-depth discussions during the national trends breakouts. Refer to the "General Information" section for additional details.
11:00 – 12:00 pm Guest Speaker and Keynote Address John Amatt
"The World’s Best Adventure Speaker." Refer to "General Information" section for details.
11:00 – 5:00 pm Palms Ballrooms Convention Level
Look for the giant prize screens in the exhibit hall announcing exhibit prize winners.
4:45 pm Grand Prize Drawing Inside Exhibit Hall
Lunch (on your own)
1:30 – 2:30 pm E. Earle Zehmer Moot Court Finals Crystal Ballrooms K, L & MConvention 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 Richard A. Sicking, P.A. Miami, FL
Mark L. Zientz, Attorney Law Offices of Mark L. Zientz Miami, FL
Judged by First District Court of Appeal Honorable Marguerite H. Davis Honorable Robert T. Benton, II Honorable Paul Hawkes
This annual event is the final round of the moot court competition. The subject of this competition is a topic that is significant in the area of workers’ compensation.
2:00 – 4:00 pm Grand Ballrooms 7 & 8 Convention Level
Moderators: Nicole D. Ruocco, Attorney Daniel T. Jaffe, Attorney Rissman, Barrett, Hurt, Donahue & McLain, P.A. Orlando and Tampa, 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 The Law Office of Rafael Gonzalez, LLC Lithia, FL
Case Law Update is one of the most important portions and the best-attended programs of the Workers’ Compensation Educational Conference. It’s no breakout – it’s the main event. This year, the panelists will discuss many of the major cases that have been decided in the last year by the Appellate Courts as they affect workers’ compensation matters. An analysis of the trends of the court and the law is also given, with emphasis on the practical application of the case law to the handling of a workers’ compensation claim. Tim Jesaitis, defense attorney, and Ralph Gonzalez, claimants’ attorney, add their special brand of analysis (arguing) about what some of the more important cases really mean. This is a must attend presentation.
1:00 – 5:00 pm Grand Ballrooms 9, 10 & 11 Convention Level
Program Moderator: Marc H. Salm Director & Counsel Risk Management Publix Super Markets, Inc. Lakeland, FL
1:00 – 2:45 pm Workers’ Compensation by the Numbers: Identifying Cost Drivers and Confusing Your Actuary Panel: Richard F. Denning President Shelter Island Risk Services Shelter Island, NY
Jack Tatum Managing Director Marsh USA, Inc. Atlanta, GA
Hear two nationally recognized masters of workers’ compensation data explain what you should be measuring and how you should be measuring it in order to determine the viability of a workers’ compensation program. While acknowledging the difficulties in dealing with a statistical swamp of data driven by large frequencies, significant costs, hundreds of data items for each claim, some fifty plus sets of regulatory rules and the tyranny of actuaries, they will help identify tools which may drain the swamp or make it look (to your CFO and actuary) like an inviting lake.
This session will present tools for getting control of your data including the reality of 80:20 (80% of your costs are incurred in 20% of your claims), why some "best practices" may be anything but, and why confusing your actuary by implementing cost controls that change the nature of the data is better than consistent data.
2:45 – 3:00 pm Break
3:00 – 3:45 pm Workforce 2020: Are You Ready for the Future? Panel: Tom Sullivan Senior Vice President, Account Management Speciality Risk Services Hartford, CT
Patrick Sterling Director of Risk and People Administration Texas Roadhouse, Inc. Louisville, KY
Barbara Boroughf Global Director of Environmental, Health and Safety Lear Corporation Southfield, MI
Managing workplace risks becomes increasingly complex as the variables at play for each employer increase. What new challenges does the future hold, and what can you do to increase your readiness for them?
This presentation and discussion will examine the forces that will shape our future workforce and the practical steps that are underway at some companies to address them. Here’s an opportunity to share your ideas and concerns with industry peers, and come away better prepared!
3:45 – 4:00 pm Break
4:00 – 5:00 pm Managing Workers’ Compensation Counsel Panel: Rick Thompson Assistant Vice President, Claims – Legal The Zenith Insurance Company Sarasota, FL
Marc H. Salm Director & Counsel, Risk Management Publix Super Markets, Inc. Lakeland, FL
David Stills Vice President – Risk Management and CMI Wal-Mart Stores, Inc. Rogers, AR
Whether you love your lawyers or hate them, at one time or another, all risk and claims’ managers deal with outside counsel. Managing outside counsel can be challenging with increased legal fees, busy attorneys (and risk managers), lack of understanding, and miscommunication. Then again, there is nothing better than winning a claim at hearing. Learn what risk and claims’ managers love about their outside workers’ compensation counsel and what they hate. Three attorneys/risk/claims managers discuss working with outside counsel and how their companies approach management of these costs. The panel will then compare notes on how each responded to their favorite situations raised by outside counsel.
Breakout for Healthcare Providers 1:30 – 4:30 pm Grand Ballrooms 1, 2 & 3 Convention Level
1:30 – 2:30 pm Causal Relationship in Workers’ Compensation Moderator and Speaker: Richard L. Dolsey, MD President, Physicians’ Health Centers Miami, FL
Panel: E. Louis Stern, Attorney McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A. Sarasota, FL
Jean Feldman, RN Senior Vice President Choice Medical Management Tampa, FL
Workers’ compensation provides medically necessary care for work related injuries. What does that mean for the treating physician when the causal relationship of the accident to the medical care is not black and white? How does the "50% major contributing cause standard" affect this scenario?
2:30 – 3:30 pm Good Care, Bad Outcomes Moderator: Ann Crutchfield Practice Administrator Rehabilitation and Electrodiagnostics Tampa, FL
Speakers: Rodolfo Eichberg, MD Rehabilitation and Electrodiagnostics, P.A. Tampa, FL
Michele Lester Founder Conservcare, Inc. Orlando, FL
Laurie Richardson, PT President Sea Ranch Physical Therapy Ft. Lauderdale, FL
Don Rinkert Vice-President of Claims AIG Tampa, FL
As an experienced healthcare provider, you treat your workers’ compensation patients according to medically accepted practices and within community standards; but then, the workers’ compensation system seems to get in the way of the desired outcome. This session will help the treating provider overcome the barriers and turn challenges into opportunities! Learn: ·How to handle malingerers ·What to do when adjusters or case managers won’t authorize care ·How to handle "dueling attorneys" in litigated cases ·The pitfalls (and opportunities) when other providers authorized for patient care are outside your normal referral pattern This program was partially supported by an educational grant from Endo Pharmaceuticals.
3:30 – 4:30 pm Drugs, Documentation and the DEA: A Proactive Approach to Using Controlled Substances to Treat Pain Jennifer Bolen, Attorney President, The J. Bolen Group, LLC A Medico-Legal Consulting Firm Knoxville, TN
What is the federal government’s perspective on the use of controlled substances to treat pain? Before 2003, Ms. Bolen worked as an Assistant United States Attorney with the Department of Justice for 14 years, investigating and prosecuting major health care fraud and drug diversion cases. She specialized in pain medicine and pain management issues. Since then she has been teaching medical providers how best to develop and implement compliance programs related to pain management. Attendees will learn to properly utilize controlled substances to treat pain without fear of breaking the law and how to employ office based techniques for the treatment of addictions.
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 On-the-Job Harassment: What Exactly is a "Hostile" Workplace? Susan K. McKenna, Attorney Jackson Lewis LLP Orlando, FL
Illegal harassment, whether sexual, racial, ethnic, religious or based upon another legally protected status, continues to vex employers who are committed to providing a positive, discrimination-free work environment. What constitutes a hostile workplace? When can an employer be liable for damages in these harassing actions of its employees or supervisors? What steps must be taken to prevent and remedy potentially harassing behaviors? This session will explore these and other questions related to the thorny problem of on-the-job harassment.
2:00 – 2:55 pm Accommodating Mental and Physical Disabilities Under the ADA Susan K. McKenna, Attorney Jackson Lewis LLP Orlando, FL
The Americans With Disabilities Act (ADA) does not merely prohibit discrimination against otherwise qualified disabled employees and applicants, but it also requires that legally recognized disabilities be accommodated if doing so does not create an undue hardship on the employer. The accommodation requirement applies to individuals with mental, emotional and learning impairments just as it does to those with physical impairments. This session will explore what employers must and must not do to accommodate disabled employees under the ADA.
2:55 – 3:10 pm Break
3:10 – 4:00 pm I-9’s, Social Security Mismatches, and Other Hot Issues in Immigration Law Jorge R. Lopez, Attorney Jackson Lewis LLP Orlando, FL
Recent governmental raids at worksites of high profile employers who either knowingly or unwittingly employed illegal workers illustrate the high stakes facing employers of immigrant workers. As a result of stepped up enforcement efforts, all employers must be cognizant of their obligations and liabilities in this environment. This session will focus on practical challenges employers of all sizes face in meeting their immigration obligations and in devising an effective crisis management plan.
In Workers’ Compensation Presented by the National Underwriter
1:00 – 4:00 pm Grand Ballrooms 4, 5 & 6 Convention Level
National Trends Moderator: Sam Friedman Editor-In-Chief, National Underwriter Hoboken, NJ
1:00 – 2:30 pm Name That Emerging WC Exposure! Moderator and Speaker: Jennifer Tomlin Senior Vice President, Middle Market Casualty Zurich North America Schaumburg, IL
Robert Purdy President AIG/American Home Assurance Philadelphia, PA
Presented in a "game show" format, complete with prizes for attendees who correctly identify new workers’ compensation risks, this lively panel examines emerging exposures such as pandemics, the aging workforce, non-English speaking workers, the explosion of temporary workers, the unique risks facing first responders to catastrophes, reintegrating into the workforce war veterans returning from Iraq, and other surprising challenges.
2:30 – 2:45 pm Break
2:45 – 4:00 pm A Tale of Three States: Curbing Medical Costs Moderator and Speaker: George Furlong, Vice-President Client/Partner Relations Bunch and Associates Lakeland, FL
Panel: J. Michael Nolan, President California Workers’ Compensation Institute Oakland, CA
Vern Steiner Vice-President of Workers’ Compensation CNA Insurance Chicago, IL
Florida, California and Texas are three huge states serving as testing grounds for new methods of controlling workers’ compensation healthcare expenses. Among the remedies explored are medical provider networks and evidence-based medicine. Are we seeing an impact? Is this the wave of the future? The panelists explain what’s behind the significant differences in the average cost per claim – focusing not only on variances in cost drivers, but in the underlying regulatory, clinical, business and cultural environment as well.
Exposures and Diseases 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 It’s a Fight, Almost! A Mock Trial to End all Mock Trials Panel: Richard H. Weisberg, Claimant’s Attorney O’Brien, Weisberg & Brooks, LLC Orlando, FL
David M. Schweiger, Defense Attorney Johnson, Anselmo, Murdoch, Burke, Piper and McDuff, P.A. Fort Lauderdale, FL
James D. McCluskey, MD, MPH, PhD University of South Florida, Colleges Of Medicine and Public Health Tampa, FL
Raymond Harbison, PhD, MS 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
What happens when the two parties in a case just can’t agree? Clearly, they don’t discuss the issues over a nice meal! See the two sides with the experts taking a HOT TOPIC case apart for you. Participants will hear the arguments, judge the facts, toil with decisions, and help decide the outcome of this case. By the way, dinner is not included!
3:00 – 3:15 pm Break
3:15 – 5:00 pm What is That Worker Full Of? The Evolving Use of Biomarkers and Biomonitoring in the Workplace Panel: James D. McCluskey, MD, MPH, PhD University of South Florida, Colleges of Medicine and Public Health Tampa, FL
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
Ever wondered what a worker is full of? Exposure analysis is a difficult process that involves many variables, including a putative chemical, the exposure scenario, environmental loss, absorption into the body, metabolism, and elimination. Would you like to skip several of those steps? The use of biomarkers to measure the chemical effects, or the metabolic product(s) in the body, is rapidly advancing. However, timing is of the essence. Learn what to do and when to do it so that you will know what your worker is full of before the evidence is gone!
8:00 – 5:00 pm GENERAL INDUSTRY – 10 HOUR COURSE (CONCURRENT SESSION) Hall of Cities – New York Convention Level
Upon successful completion of the 10 hours of classes, the student will receive an OSHA general industry safety and health 10-hour course completion card through the University of South Florida OSHA Training Institute. Participants must pre-enroll and register at each session. Class size is limited. Other conference participants may attend individual presentations. Refer to the "General Information" section for additional details.
8:00 – 9:00 am Introduction to OSHA Joan Spencer Compliance Assistance Specialist U.S. Department of Labor Occupational Safety and Health Administration Tampa, FL
The presentation will cover the goals and purposes of the Occupational Safety and Health Act (OSHA), including an introduction to its standards and inspection processes.
9:00 – 10:00 am Walking Working Surfaces Patrick Stark Safety & Health Compliance Specialist USF Safety Florida Consultation Program Longwood, FL
There is a wide range of issues that account for the most common causes of accidents. Learn where to look for slip, trip and fall hazards; how to identify them; and how to come into compliance with applicable standards.
10:00 – 11:00 am Exit Routes, Emergency Action Plans, Fire Prevention Plans, and Fire Protection William A. Tomlin Safety and Health Consultant University of South Florida OSHA Consultation Division Orlando, FL
What are the requirements necessary to provide safe means of escape from fire and other emergencies? This session covers this important life saving subject plus how to establish evacuation plans and use fire protection equipment.
11:00 – 12:00 pm Electrical Daniel Byrne President Safety Professionals, Inc. Tampa, FL
Many workers are unaware of potential electrical hazards present in their work environment, making them more vulnerable to the danger of electrocution. This presentation will aid in recognizing hazards associated with electrical work.
12:00 – 1:00 pm Lunch (on your own)
1:00 – 2:00 pm Personal Protective Equipment (PPE)/ Hazard Communication Vergie Bain Compliance Assistance Specialist U.S. Department of Labor Occupational Safety and Health Administration Ft. Lauderdale, FL
This presentation identifies the types of PPE available, its proper use, and maintenance. Information will also be provided related to procedures required to ensure employees are knowledgeable of the hazardous substances that they may be exposed to and are adequately trained to prevent injury or illness to themselves or others.
2:00 – 3:00 pm Machine Guarding / Lockout-Tagout Abe Agront, Jr. Environmental, Health & Safety Director Metra Electronics Corporation Holly Hill, FL
Machinery, related safety standards, and guarding methods are the subjects of this session. The necessary steps to be compliant with the Lockout/Tagout Standard will also be discussed.
3:00 – 4:00 pm Tools - Hand and Powered Joseph Roesler Compliance Assistance Specialist U.S. Department of Labor Occupational Safety and Health Administration Jacksonville, FL
OSHA standards that relate to hand and powered tool safety will be discussed in this section. Upon completion of this course, students will be able to better identify the hazards associated with different tools and their responsibility to make corrections.
4:00 – 5:00 pm Flammable/ Combustible Liquids Chris Hopkins Instructor USF OSHA Training Institute Education Center Tampa, FL
This presentation will cover the procedures for the safe handling, dispensing, and storage of flammable and combustible liquids in order to prevent fire. ________________________________________________________________________ 8:00 – 5:00 pm CONSTRUCTION INDUSTRY – 10 HOUR COURSE (CONCURRENT SESSION) Hall of Cities – New Orleans Convention Level
Upon successful completion of the 10 hours of classes, the student will receive an OSHA construction industry safety and health 10-hour course completion card through the University of South Florida OSHA Training Institute. Participants must pre-enroll and register at each session. Class size is limited. Other conference participants may attend individual presentations. Refer to the "General Information" section for additional information.
8:00 – 9:00 am Introduction to OSHA Chris Hopkins Instructor USF OSHA Training Institute Education Center Tampa, FL
This presentation will cover the goals and purposes of the Occupational Safety and Health Act, including an introduction to its standards and inspection processes.
9:00 – 10:00 am Electrical Daniel Byrne President Safety Professionals, Inc. Tampa, FL
Many workers are unaware of the potential electrical hazards present in their work environment, which makes them more vulnerable to the danger of electrocution. This presentation will aid in recognizing hazards associated with electrical work.
10:00 – 11:00 am Cranes, Derricks, Hoists, Elevators, and Conveyors Bob Nesbit Director USF OSHA Training Institute Education Center Tampa, FL
Safe practices in the use of cranes and other material moving equipment will be discussed in this session. It will briefly cover powerline awareness, rules and responsibilities related to such activities, and inspections of hoisting equipment.
11:00 – 12:00 pm Hand and Powered Tools/ Machine Guarding /Lockout-Tagout Abe Agront, Jr. Environmental, Health & Safety Director Metra Electronics Corporation Holly Hill, FL
OSHA standards that cover hand and powered tools safety will be the subject of this presentation. Following attendance at this session, students will be able to better identify the hazards associated with different tools and their responsibility to make corrections. This presentation will also cover the necessary steps to become compliant with the Lockout/Tagout Standard.
12:00 – 1:00 pm Lunch (on your own)
1:00 – 3:00 pm Fall Protection Patrick Stark Safety & Health Compliance Specialist USF Safety Florida Consultation Program Longwood, FL
What are the principles of fall protection, the components of fall arrest systems, the limitations of fall arrest equipment, and OSHA policies regarding fall protection? The answer to these questions plus ladder safety and stairway fall protection will be subjects discussed in this session.
3:00 – 4:00 pm Scaffolds Daniel Byrne President Safety Professionals, Inc. Tampa, FL
This presentation will help students identify some of the potential risks and provide solutions for fall protection when erecting, dismantling or altering scaffolding. It will also include a discussion on unsafe practices while working on scaffolding.
4:00 – 5:00 pm Personal Protective Equipment (PPE)/Hazard Communication Abe Agront, Jr. Environmental, Health & Safety Director Metra Electronics Corporation Holly Hill, FL
The presentation identifies the types of PPE available, its proper use, and maintenance. Information will also be provided related to procedures required to ensure that employees are knowledgeable of the hazardous substances that they may be exposed to and are adequately trained to prevent injury or illness to themselves or others. ________________________________________________________________________ 1:00 – 4:15 pm BREAKOUT ON WORKPLACE SAFETY, PROGRAM ONE Hall of Cities – Tampa Convention Level
1:00 – 3:00 pm OSHA Inspections, Violations, and Employer Rights Heath Eskalyo, Attorney Kelley, Kronenberg, Gilmartin, Fichtel & Wander, P.A. Ft. Lauderdale, FL Mr. Eskalyo will discuss the Occupational Safety & Health Administration (OSHA) and the Occupational Safety and Health Act and their impact on employers and employees. He will discuss the types of OSHA inspections and the factors that can cause an employer to be inspected. He will also describe aspects of inspections themselves, focusing on the rights of employers and OSHA, and will address the possible violations that can result, from De Minimis to Willful/Criminal, and the hazards that can give rise to such violations. Options available to employers who wish to contest an OSHA citation will also be discussed.
3:00 – 3:15 pm Break
3:15 – 4:15 pm Batteries Not Included: The Energized Approach for Achieving a Safe, Healthy and Productive Workplace Michael S. Melnik, MS, OTR Prevention Plus, Inc. Mineapolis, MN
Most companies have sophisticated programs to influence what employees know. The real challenge is when they want to turn "what they know" into "WHAT THEY DO!" Companies often struggle because their safety programs lack energy and the participants are often unmotivated, unreceptive and uninvolved. In short, the batteries are not included and all programs need energy to survive. This session introduces "The Energized Approach," a time-tested strategy that focuses on the 10 energy sources that turn ideas into actions and create work environments that invite participation, reduce resistance, and provide the maximum return on investment for a company’s safety efforts. ________________________________________________________________________ 1:00 – 4:15 pm BREAKOUT ON WORKPLACE SAFETY, PROGRAM TWO Hall of Cities – St. Louis Convention Level
1:00 – 3:00 pm Workplace Violence Prevention: Best Practice Strategies William F. Badzmierowski, M.ED., CSW Director of Instructor Services PrepareTraining® program Crisis Prevention Institute Brookfield, WI
This presentation highlights the effective techniques and proven strategies utilized by hundreds of organizations worldwide to reduce the frequency and severity of potentially violent situations, increase employee confidence and morale, and foster a culture of Respect, Service, and Safety at Work®. The presentation will also provide a broad overview of the Crisis Prevention Institute’s (CPI) PrepareTraining® program, which gives employees the critical skills to minimize the risks of workplace violence and create and maintain a safer, more respectful work environment.
3:00 – 3:15 pm Break
3:15 – 4:15 pm Safety Florida Consultation Program Web Site Charlene D. Vespi, MS.Ed., CWCP Program Manager USF SafetyFlorida Tampa, FL
Don’t have time to develop a safety and health program? No excuses; you have the "Safety Writer" available. Need to track incidents? Learn about the "Accident Tracker." Recordkeeping a nightmare? Sleep well with the "Electronic Record Keeper." Learn about these and other free resources provided by the University of South Florida Safety Consultation Program. ________________________________________________________________________ 1:00 – 4:15 pm BREAKOUT ON WORKPLACE SAFETY, PROGRAM THREE Hall of Cities – Miami Convention Level
1:00 – 2:00 pm ANSI Z10 Occupational Health and Safety Management Systems Standard Gary Lopez Senior Director of Safety Ranger Construction West Palm Beach, FL
As the field of Safety and Health continues to mature, there is a growing movement toward using management systems approaches to safety, health and environmental programs that reflect the success companies have realized with similar approaches to their quality programs. In addition to changing the methods used to manage safety and health programs, these new approaches are changing what we look at when managing the safety, health and environmental issues to which an organization is exposed. This presentation will cover the new ANSI Z10 Occupational Health and Safety Management Systems Standard. This new standard identifies the critical management systems to take in developing a strategic approach toward managing risks in the workplace.
2:00 – 2:15 pm Break
2:15 – 4:15 pm Green Beans & Ice Cream – The Definitive Recipe for Employee Engagement, Motivation and Recognition Bill Sims, Jr., President The Bill Sims Company Columbia, SC
Learn to design and implement successful behavior-based safety programs that dissuade injury hiding, enhance job satisfaction, and engage the middle manager. Participants will learn the benefits of proactive, prevention-focused programs and will explore the most "popular" recognition tools in use today, along with the latest studies indicating their effectiveness.
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7:00 – 11:00 pm Crystal Ballrooms G - Q Convention Level
Featured Entertainment: The Commodores "The Legends of Motown"
Opening Act: Tremors featuring the Earthquake Horns
Casual attire. Beverages & heavy hors d’oeuvres. Adults only, please. Refer to the "General Information" section for additional information.
7:00 – 12:00 am Shuttle Bus between The Marriott World Center, The Caribe Royale, and Premium Outlet Mall (Boarding Convention Entrance Marriott World Center & the Main Reception Building [the building in the forefront] of The Caribe Royale.) Refer to shuttle map & schedule.
8:00 – 5:00 pm Grand Registration Area Convention Level
9:00 – 5:00 pm Palms Ballrooms Convention Level
Look for the giant prize screens in the exhibit hall announcing prize winners.
4:45 pm Grand Prize Drawing Inside Exhibit Hall
Program One 8:45 – 5:00 pm Crystal Ballroom H Convention Level
8:45 – 9:45 am The Race to the Finish Line..Back to Work! Introduction: Karen Ursulich Orlando Orthopaedic Center Orlando, FL
Panel: Steven E. Weber, DO Orlando Orthopaedic Center Orlando, FL
Bryan L. Reuss, MD Orlando Orthopaedic Center Orlando, FL
Chris Raesly, MSPT, CEAS Orlando Orthopaedic Center Orlando, FL
Do you wonder if your claimant will ever get back to work? No objective findings…what’s taking so long? Learn to what extent knee and back injuries really impact a worker’s ability to return to work and what tests are necessary for the physician to eliminate that long list of subjective complaints. Examples to help you better understand an injured worker’s injuries and work capacity in relation to complaints will also be discussed.
9:45 – 10:00 am Break
10:00 – 11:00 am 60 Tips in 60 Minutes: Successfully Closing Cases Moderator: Raymond A. Lopez, Attorney Rissman, Barrett, Hurt, Donahue & McLain, P.A. Orlando, FL
Panel: Philip R. Augustine, Attorney Langston, Hess, Bolton, Shepard & Augustine, P.A. Maitland, FL
Suzanne M. Twigg Workers’ Compensation Claims Examiner Oasis Outsourcing Sarasota, FL
Lisa Wagner Claims Manager Unisource Administrators, Inc. Sarasota, FL
Ronald P. Greninger, Attorney Dean, Ringers, Morgan & Lawton, P.A. Orlando, FL
Stefan Bunecky, Attorney Ingram & Bunecky Sarasota, FL
Dawn Toman Workers’ Compensation Claims Examiner Summit Claims Management Lakeland, FL
This is a highly practical session, done to a "Beat the Clock" theme. Hear what you can do to quickly close your cases and make your supervisors happy.
11:00 – 12:00 pm Digging For Gold, But Avoiding the Landmines Moderator: Mark Siciliano Customer Service Manager Liberty Mutual Group Tampa, FL
Panel: Michael C. Crumpler, Attorney The Law Offices of Michael C. Crumpler, P.A. Jacksonville, FL
Michael F. Bunte Senior Claims Consultant Liberty Mutual Group Tampa, FL
Quick resolution or bust! This program is designed to identify and help you, as adjusters, avoid the landmines and pitfalls of Section 440.13, Florida Statutes (medical services and supplies; penalty for violations; limitations). Dig your way through utilizing the proper processes. Case law examples and helpful hints to better understand this highly contentious section of the law will be provided.
12:00 – 1:00 pm Lunch (on your own)
1:00 – 2:45 pm Oral Argument (the same presentation will take place in Breakouts for Adjusters, Programs One and Two) Presented by the First District Court of Appeal
Panel: Honorable Edwin B. Browning, Jr. Chief Judge First District Court of Appeal Tallahassee, FL
Honorable Marguerite H. Davis First District Court of Appeal Tallahassee, FL
Honorable Robert T. Benton, II 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
Jon S. Wheeler Clerk First District Court of Appeal Tallahassee, FL
Don Brannon Marshal First District Court of Appeal Tallahassee, FL
This session is back by popular demand! Both Adjuster Programs One and Two will combine so that all adjusters can watch two actual cases being argued live before a panel of Judges of the Florida 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 Breakouts for Adjusters, everyone is invited to attend.
2:45 – 3:00 pm Break
3:00 – 4:00 pm Confidentiality Issues (Ethics) Panel: Karen McCarthy-Hawn Claims Supervisor and Compliance Specialist FCCI Insurance Services, Inc. Sarasota, FL
David Drill, Attorney Kelley, Kronenberg, Gilmartin, Fichtel & Wander, P.A. Jacksonville, FL
This session will utilize a hypothetical case study to address the ethical use of confidential information obtained throughout the claims handling process. It will outline a party’s right to obtain confidential information as well as the appropriate ethical use of that information. Included, will be a brief review of the HIPAA privacy law, use of HIPAA compliant medical releases, proper application of information obtained to support Sections 440.09 and 440.105, Florida Statutes, and other defenses, as well as, the appropriate disclosure of confidential information as a tool to mitigate claim exposures.
4:00 – 5:00 pm Quality Investigations & Surveillance: How to Conduct Fraud Investigations Moderator: Jana Cauley Unit Leader Summit Claims Management Lakeland, FL
Panel: Jeffrey Korte, Chief Division of Insurance Fraud Florida Department of Financial Services Tallahassee, FL
Ed Cotilla, President Ethos Investigative Services St. Petersburg, FL
How do your investigations measure up? Do you find months later that you are missing vital information that would have made a difference in the direction of the claim or the litigation path chosen? What evidence would the Division of Insurance Fraud like to receive from the carrier to achieve a successful criminal prosecution? Is a plea bargain a successful result and is it considered a "finding of fraud"? What can carriers do to improve their overall quality of surveillance? This session will focus on developing a sound strategy for controlling vendor costs, without sacrificing a quality result. The answers to these questions can influence your claims’ handling choices and vendor selections.
Program Two 8:45 – 5:00 pm Crystal Ballroom J Convention Level
8:45 – 9:45 am Carpal Tunnel Syndrome: A Claims Discussion of Carpal Tunnel Moderator: Teresa V. Elkins, CRM Operations Manager Sedgwick Claims Management Services, Inc. Lake Mary, FL
Panel: Elizabeth Brantley Unit Manager St. Paul Travelers Orlando, FL
Linda White, RN Regional Clinical Manager Sedgwick Claims Management Services, Inc. Lake Mary, FL
Carpal Tunnel Syndrome accounts for just 2% of all lost time claims but it ranks second behind back injuries as the leading lost-time diagnosis. This session provides claims handling perspectives from both the nurse case manager and adjuster in dealing with carpal tunnel syndrome. Linda White, R.N, will explain carpal tunnel syndrome, diagnostics used to confirm the condition, treatment options, and the issues surrounding causal relationship. Elizabeth Brantley will explain the basis for compensability, recommendations for investigation, and available defenses.
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 : Maria M. Dayi Claim Supervisor The Hartford Insurance Group Lake Mary, FL
John O. Miano Compliance Manager Sedgwick Claims Management Services, Inc. Lake Mary, FL
Nancy G. Kornbluh Technical Specialist St. Paul Travelers Orlando, FL
Crystal Chancey Workers’ Compensation Assistant Claims Manager Publix Supermarkets, Inc. Lakeland, FL
Scott H. Silver, Attorney Miller, Kagan, Rodriguez & Silver, P.A. Fort 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, 120-day "pay and investigate" questions, what claimants’ attorneys are doing to increase settlement values, and working with the Division’s early intervention program and denial team.
12:00 – 1:00 pm Lunch (on your own)
1:00 – 2:45 pm Oral Argument (the same presentation will take place in Breakouts for Adjusters, Programs One and Two) Presented by the First District Court of Appeal
Panel: Honorable Edwin B. Browning, Jr., Chief Judge First District Court of Appeal Tallahassee, FL
Honorable Marguerite H. Davis First District Court of Appeal Tallahassee, FL
Honorable Robert T. Benton, II 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
Jon S. Wheeler Clerk First District Court of Appeal Tallahassee, FL
Don Brannon Marshal First District Court of Appeal Tallahassee, FL
This session is back by popular demand. Both Adjuster Programs One and Two will combine so that all adjusters can watch two actual cases being argued live before a panel of Judges of the Florida 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 Breakouts for Adjusters, everyone is invited to attend.
2:45 – 3:00 pm Break
3:00 – 4:00 pm Denying a Claim: How to Do it and Stay Out of Trouble Panel: Justine G. Esser, CWC, ACA Supervisor, Sedgwick Claims Management Services, Inc. Lake Mary, FL
Jodi J. Jaffe, Attorney McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A. Fort Lauderdale, FL
If a claim should be denied, how do you make sure it is done properly under the law, while protecting the best interests of the employer/carrier? The speakers will address the procedures governing proper claim denial, problems that result from improper denials, and practical applications of the denial process.
4:00 – 5:00 pm Ethics in the Mediation Process Panel: John J. Dubreuil, CPCU, AIC, ARM, CWC Dubreuil Insurance Services, Inc. Sarasota, FL
Michael G. Maida, Attorney Michael G. Maida, PA Tallahassee, FL
Kim Sperling Supervisor Sedgwick Claims Management Services, Inc. Lake Mary, FL
The only thing that concerns an adjuster at mediation is settling the case. You do not need to worry about ethics. Right? Wrong! Every aspect of claim handling has an ethics component to it, and with virtually every case being mediated, ethical concerns must be discussed and analyzed. That is precisely what this panel – composed of a mediator, a claims’ person and a claims’ person/consultant – will educate you about.
8:15 – 9:15 am Alumni Breakfasts Florida State University, College of Law Crystal Ballroom K, 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: Rafael Gonzalez, Attorney The Law Office of Rafael Gonzalez, LLC Lithia, FL
9:30 – 11:00 am Strategy Session: Hot Topics Moderator: Stuart F. Suskin, Attorney— State Mediator Gainesville, FL
Panel: C. Bradley Hall, Attorney Eraclides, Johns, Hall, Gelman, Johannessen & Kempner, LLP Sarasota, FL
Jacqueline L. Blanton, Attorney McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A. Sarasota, FL
Ricardo Morales, Attorney Law Office of Ricardo Morales, PLC Miami, FL
Glenn D. Wieland, Attorney Wieland & Hilado, P.A. Orlando, FL
This very skilled and experienced panel will discuss new strategies, innovative techniques, developing trends, recent decisions, and legislative changes that continue to impact the prosecution and defense of workers’ compensation claims. Hot topics will include discussions concerning the 120-day "pay and investigate" rule, settlements, enforcement of orders, major contributing cause, fraud, medical benefits and attorney’s fees.
11:00 – 11:15 am Break
11:15 – 12:15 pm Perspective of the Office of the Judges of Compensation Claims (OJCC) Honorable David W. Langham Deputy Chief Judge of Compensation Claims Office of the Judges of Compensation Claims Division of Administrative Hearings Tallahassee, FL
Deputy Chief Judge David Langham will provide practitioners with the OJCC’s perspective and insight into the operation and most recent changes of the Division of Administrative Hearings. The Deputy Chief Judge will discuss the latest changes to the workers’ compensation rules of procedure, the impact the new law has had on the state’s administration of workers’ compensation claims, the latest electronic changes available to practitioners, and how these changes are reshaping the role of Judges of Compensation Claims.
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, Mediator Howard Scheiner, P.A. Fort Lauderdale, FL
Panel: Juan C. Parets, Attorney Law Office of Juan Carlos Parets Miami, FL
Christopher J. Smith, Attorney Christopher J. Smith, P.A. Tampa, FL
Donald S. Bennett, Attorney Fowler, White, Boggs, Banker, P.A. Tampa, FL
Tuwana J. McMillan, Attorney Zimmerman, Kiser & Sutcliffe, P.A. Orlando, FL
This very knowledgeable and experienced panel will discuss the challenges of the "new Act", how it impacts every practitioner’s practice, and how claims are being handled by claimant and defense lawyers alike. From dealing with medical care, to issues regarding undocumented workers, to challenging the new law’s attorney’s fee provisions, this discussion will provide practical information concerning the types of ethical issues presented and how to address such issues with professionalism.
Breakout for Paralegals And Legal Assistants
9:00 – 11:00 am Grand Ballrooms 2 & 3 Convention Level
Program Moderator: Nina Holman Legal Assistant Rissman, Barrett, Hurt, Donahue & McLain, P.A. Orlando, FL
9:00 – 10:00 am What Does the Paralegal/Legal Assistant Need to Know About the Rules? Honorable Lauren Hafner Judge of Compensation Claims St. Petersburg, FL
New rules again! Just when we were used to the 60Q Rules of Procedure for workers’ compensation adjudications, they have been amended. Judge Hafner will discuss what has changed and what has not since November 1, 2006. She will also discuss DOAH’s e-filing initiative, its relationship to the rules and its impact on the practice for paralegals and legal assistants.
10:00 – 10:10 am Break
10:10 – 11:00 am Medicare Set-Asides and Social Security Offsets Gerald F. Znosko, Attorney Wanda M. Reas, Attorney Znosko & Reas, P.A. Longwood, FL
We all know that Medicare Set-Asides are required in many settlements, but are you aware of what may be done to expedite this process? What documents do your MSA vendors require? Who should be contacted? What authorizations need to be completed? What should you be looking for? This session is a practical approach on accumulating and securing materials needed to expedite the MSA approval process. Social security offsets will also be addressed.
Division of Workers’ Compensation Bi-Annual Re-Certification Course for Rehabilitation and Healthcare Providers
Grand Ballrooms 2 & 3 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, 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 6A-22.002(2)(a), Florida Administrative Code.
Presented by the Florida Academy of Pain Medicine
10:00 – 12:00 pm Crystal Ballroom G Convention Level
10:00 – 10:15 am Introduction and Overview Sanford M. Silverman, MD Comprehensive Pain Medicine Pompano Beach, FL
10:15 – 10:45 am Evidence Base for Pain Management of Cervical and Low Back Pain Andrew L. Sherman, MD Associate Professor of Clinical Rehabilitation Medicine Leonard A. Miller School of Medicine at the University of Miami Miami, FL
10:45 – 11:15 am Behavioral Aspects of Pain Management Albert L. Ray, MD Director, Pain Medicine Solutions and Clinical Associate Professor, Psychiatry, Leonard A. Miller School of Medicine at the University of Miami Miami, FL
11:15 – 11:45 am Evidence Base for Manual Medicine Ronald B. Tolchin, DO Chief, Physical Medicine and Rehabilitation Miami VA Healthcare System Miami, FL
11:45 – 12:00 pm Questions/Answers/Comments
Pain medicine, within the workers’ compensation arena, has a bad rap. Viewed by many as a black hole into which one pours money, payors have been denying claims based on lack of an evidence base. While not every pain medicine procedure has an evidence base, many do. During this session, you will learn about some of the evidence base which does exist for pain medicine, and to differentiate between therapeutic and diagnostic outcomes. You will also hear the argument for early, aggressive pain management in conjunction with other medical care (parallel care) as a means of improving return to work parameters.
Presented by the Florida Orthopaedic Society
1:00 – 3:00 pm Crystal Ballroom G Convention Level
Program Moderator: Fraser Cobbe Executive Director Florida Orthopaedic Society Tampa, FL
1:00 – 1:30 pm Knee Series-Pre/Post Operative Pathophysiology, Anatomy and Rehabilitation of the Knee Jeffrey Greenspoon, MD Greenspoon Orthopaedics The Orthopaedic and Sports Medicine Center of Brevard, Inc. Melbourne, FL
The pathophysiology, anatomy, surgical management, and rehabilitation of problems of the knee including meniscus, anterior cruciate ligament, and osteo chondral defects will be the subject of this presentation. Primary emphasis will be on workplace environment, causation, mechanism of injury, initial emergent/urgent evaluation, orthopaedic referral/evaluation, and subsequent rehabilitation with primary focus on return to work, restrictions and limitations, MMI, and impairment.
1:30 – 2:00 pm Ankle Sprains: The Expected Course of Recovery and What To Do When Patients Do Not Improve With Standard Treatment Steven Steinlauf, MD Orthopaedic Associates of South Broward Hollywood, FL
This presentation will discuss the incidence of ankle sprains, causation/etiology, relevant anatomy, standard treatment, expected return to work, maximum medical improvement, permanent partial impairment, and what to look for when patients do not improve after treatment.
2:00 – 2:30 pm Current Concepts in Shoulder and Elbow Richard Rozencwaig, MD Orthopedic Care Center Aventura, FL
The subject of this presentation is a review of the diagnostic and treatment options for shoulder and elbow injuries as well as parameters for return to work.
2:30 – 3:00 pm Open Forum and Panel Discussion Panelists: Jeffrey Greenspoon, MD Steven Steinlauf, MD Richard Rozencwaig, 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 panelists.
Presented by the Florida Chiropractic Association
3:00 – 5:00 pm Crystal Ballroom G Convention Level
Program Moderator: Daniel A. Dodd, DC Dodd Chiropractic Clinic Jacksonville, FL
3:00 – 3:20 pm Chiropractic Treatment Patterns: What Does the Data Say? Daniel A. Dodd, DC Dodd Chiropractic Clinic Jacksonville, FL
3:20 – 3:35 pm Effective Chiropractic Case Management: Reducing Disability Time & Cost of Claim William ‘Kyle" Nevius, DC Park Central Rehabilitation Naples, FL
3:35 – 3:55 pm Getting Injured Workers Back to Work: Case Studies Bruce A. Hansbrough, DC, DACBOH Industrial Health Solutions Palm City, FL
Debra L. Hoffman, DC Hoffman Chiropractic Centre Tampa, FL
3:55 – 4:20 pm Which Cases Are Most Effective For Referral to Chiropractic Physicians? Hector C. Pagan, MD Advanced Medical Associates Jacksonville, FL
Oregon K. Hunter, MD Rehabilitation Medicine Associates Ocala, FL
4:20 – 4:30 pm Break
4:30 – 4:50 pm Is There Reluctance to Utilize Chiropractic Medicine in Workers’ Compensation? Mollie A. Frawley, RN Consultant Tallahassee, FL
4:50 – 5:00 pm Questions to the Panel
How can you most effectively utilize chiropractic services to expedite return to work, improve outcomes, and lower costs? This breakout will focus on an independent study conducted by MGT of America detailing the findings and applications 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 criteria for effective referral to a chiropractic physician. Also featured is when to order testing and the importance of physical restrictions and light duty work. Managers/ Rehabilitation Providers
8:50 – 5:00 pm Grand Ballrooms 9, 10 & 11 Convention Level
8:50 – 9:00 am Welcome and Introductions April C. Brader 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 Arthritis – Current Treatment Options Minimally Invasive Surgery for Arthritis Peter D. Candelora, MD Coastal Orthopaedics and Sports Medicine New Port Richey, FL
Arthritis comes in many different forms and can affect a broad range of people at different ages. This lecture will briefly discuss arthritis and explain various operative and non-operative treatment options from an orthopaedic point of view. The presentation will also discuss current medical options as well as the newer surgical techniques for joint replacement.
10:00 – 12:00 pm Technological Innovations in Orthopaedics John E. Kilgore, MD Orthopaedic Associates of West Florida Clearwater, FL
You will hear from one of the most experienced orthopaedic surgeons in the region discussing the latest developments and use of new technology in orthopaedic surgery. This presentation will encompass the indications and benefits of minimally invasive surgical techniques coupled with the latest advancements of computer navigated hip and knee procedures. Discover how this new technology provides for more accurate alignment, better range of motion, and faster recovery time.
12:00 – 1:00 pm Lunch (on your own)
1:00 – 3:00 pm Management of Scar Tissue Following Burn Injuries David W. Mozingo, MD, FACS Medical Director Shands Hospital Burn Unit Gainesville, FL
Significant improvements have occurred in the life expectancy and medical outcomes of the severe burn patient. The sequential phases of normal skin wound healing will be reviewed to provide a basis for understanding burns and their impact. The abnormalities in wound healing that lead to scar hypertrophy will be addressed along with the approaches utilized to prevent abnormal scarring. Treatment options for hypertrophic scarring following a burn injury will be presented. New research techniques will help to explain normal and abnormal healing of burns.
3:00 – 4:00 pm Accepted Standards, Methodologies and Tools of The QRP John A. Orphanidys Director of Rehabilitation/Medical Case Management Rehabilitation Counseling Associates, Inc. St. Petersburg, FL
Claire Hibbard, MS, CRC, CLCP, CVE, MSCC Rehabilitation Consultant Spruance & Associates, Inc. Jacksonville, FL
Flora A. Pinder, PhD, CVE Rehabilitation Consultant Pinder Rehabilitation Services Altamonte Springs, FL
Almost every Qualified Rehabilitation Provider (QRP) utilizes the same tools for evaluating and addressing the issue of employability and rehabilitation for injured workers. What are the standards and methodologies that are widely accepted for the use of these tools? This session will address the generally accepted standards and methodologies that are to be used by QRPs in the provision of rehabilitation services.
4:00 – 5:00 pm Informed Professional Consent/Full Disclosure Rick Robinson, M.Ed., CRC Managing Partner Momentum Healthcare, Inc. Jacksonville, FL
Linda R. Shaw, PhD, LMHC, CRC Associate Professor, Associate Chair and Rehabilitation Counseling Division Director University of Florida Gainesville, FL
Jeffrey E. Carlisle Vocational Rehabilitation Counselor Carlisle Rehabilitation Services, Inc. Lutz, FL
The issue of informed consent and full disclosure is a key component of codes of ethical conduct for rehabilitation professionals. This session will address the legal and ethical aspects of informed consent and full disclosure. The speakers will address what is meant by informed consent and full disclosure – what it is and what it is not.
In Workers’ Compensation Presented by the National Underwriter
9:00 – 4:00 pm Grand Ballrooms 4 - 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: Jeff Eddinger Rate-Making Practice Leader and Senior Actuary National Council on Compensation Insurance Boca Raton, FL
John Santulli Senior Vice President of Marking and Field Operations PMA Insurance Group Blue Bell, PA
Maureen McCarthy Vice President/Manager, National Market Workers’ Compensation Claims Liberty Mutual Group Boston, MA
Pamela Rippens Senior Vice President Specialty Risk Services Hartford, CT
The program’s signature panel provides a comprehensive look at where the workers’ compensation system stands, including a "By The Numbers" overview on premiums, losses, combined ratio and other key financial trends; an examination of claims frequency, severity and critical cost drivers; a projection about pricing and market conditions; and a legislative progress report at both the federal and state levels.
10:30 – 10:45 am Break
10:45 – 12:00 pm Excellence in Workers’ Compensation Risk Management Moderator: Sam Friedman Editor-in-Chief National Underwriter Property & Casualty/Risk & Benefits Management Edition Hoboken, NJ
Panel: The finalists for the National Underwriter Excellence in Workers’ Compensation Risk Management Award sponsored by the National Council on Compensation Insurance (NCCI)
Barry I. Llewellyn Senior Divisional Executive Regulatory Services Division National Council on Compensation Insurance Boca Raton, FL
A new program launched this year by the National Underwriter in conjunction with the Florida Workers’ Compensation Institute, Inc. (FWCI), and sponsored by the National Council on Compensation Insurance (NCCI) recognizes outstanding work by risk managers across the country in keeping workers’ compensation exposures under control, getting injured employees back to work more quickly and effectively, and arranging innovative coverage programs. This year’s champion and two others receiving an honorable mention will outline their award-winning approaches. These same three risk managers will have been recognized in the opening general session for their outstanding accomplishments. This session will be video taped for future use.
12:00 – 1:00 pm Lunch (on your own)
1:00 – 2:30 pm Performance Anxiety: How to Become Awesome in Handling Workers’ Compensation Claimants Carl Van President & CEO International Insurance Institute Gretna, LA
Dealing with injured, impatient, and often angry workers’ compensation claimants can be stressful; however, with the proper attitude and approach, such challenges can be overcome. How can you improve your performance almost immediately with much less effort than you might expect? Come and find out at this fun, thought-provoking session delivered by Carl Van, President & CEO of International Insurance Institute, author of The 8 Characteristics of the Awesome Adjuster.
2:30 – 2:45 pm Break
2:45 – 4:00 pm Law & Order Special Investigation Unit (SIU) – Fighting Fraud in Workers’ Compensation Moderator: Ned Wilson Director of Planning & Treasury FCCI Insurance Group Sarasota, FL
Panel: Ken Jones Vice President, Investigative Services Travelers Insurance Hartford, CT
Dennis Jay, Executive Director Coalition Against Insurance Fraud Washington, D.C.
Since the battle to deter and expose fraud across the workers’ compensation system is never ending, panelists offer tips on how to spot red flags and expose fraud by employers, claimants, and medical practitioners. Whether the problem is faking an injury, padding a doctor’s bill, distorting a workplace hazard, or reselling powerful pain medication, "fraud is fraud" which must be identified and dealt with.
Professional Employer Organization Breakout
9:00 – 4:00 pm Crystal Ballroom D Convention Level
Welcome and Introductions: Paul R. Hughes CEO Risk Transfer Holdings, Inc. Orlando, FL
9:00 – 9:55 am Issues and Answers Moderator: Torben S. Madson, III, Attorney Alvarez, Sambol, Winthrop & Madson, P.A. Orlando, FL
Panel: Abram Finkelstein President Stafflink Outsourcing, Inc. Plantation, FL
Rick Kirsch Director of Underwriting Lighthouse Programs, LLC Orlando, FL
Jennifer Robinson Senior Account Executive Risk Transfer, LLC Orlando, FL
Wanda Silva President Silva Capital Solutions Kennesaw, GA
Mergers and acquisitions are a common occurrence these days. This panel will reveal how you can protect yourself from unwanted insurance or coverage surprises through the due diligence process. Many states are utilizing the multiple coordinated policy approach rather than using a master policy. Our panel will discuss the benefits and challenges associated with both alternatives.
9:55 – 10:50 am Alternative Funding and Enterprise Risk Management Moderator: Paul Hughes CEO Risk Transfer Holdings, Inc. Orlando, FL
Panel: David Carothers, CSP, ARM Managing Partner Integrita Group Tampa, FL
Steve Nordstrom President Universal Re New York, NY
This panel will discuss some of the alternative funding approaches available and how a PEO can benefit from utilizing these alternatives. Enterprise Risk Management (ERM) and how ERM can benefit your organization will also be a topic of discussion.
10:50 – 11:00 am Break
11:00 – 11:55 am Carrier-PEO Partnerships from a Carrier Perspective Moderator: Paul Hughes CEO Risk Transfer Holdings, Inc. Orlando, FL
Panel: Joseph L. Fox Assistant Vice President Marketing Director Swiss Re Commercial Insurance CyberComp McMurray, PA
JoAnn L. Koster Executive Vice President AIG RMG Specialty Risk New York, NY
John Kuehn Executive Underwriter SUA Insurance Company Chicago, IL
Robert Morris Vice President Global Corporate Casualty Division Zurich Financial Services Atlanta, GA
Representatives from four national carriers discuss what they look for in a PEO partner. What makes a PEO attractive to them? What are their expectations of the PEO? How do they interact with their PEO partners after the sale?
11:55 – 1:00 pm Lunch (on your own)
1:00 – 1:55 pm Book Portfolio Analysis Moderator: Teresa L. Pike Vice President of Risk Management Unisource Administrators, Inc. Sarasota, FL
Panel: Dino Fabrizio President Lighthouse Programs, LLC Orlando, FL
Phyllis Stockfisch Partner Cedar Hill Insurance Agency Atlanta, GA
This session will discuss and provide answers and solutions to the following questions: What should a book portfolio analysis entail? Why should you invest your time to do it? Where do you get the information? How does it benefit me? Discussion slides and handouts to include a book portfolio analysis checklist will be provided.
1:55 – 2:50 pm National Legislation and Regulatory Issues Moderator: Teresa L. Pike Vice President of Risk Management Unisource Administrators, Inc. Sarasota, FL
Panel: Milan P. Yager Executive Vice President National Association of Professional Employer Organizations (NAPEO) Alexandria, VA
Cecilia Renn Kurzweg, Attorney Vice President ADP TotalSource Sante Fe, New Mexico
This session will discuss state legislative and regulatory changes effecting the PEO world. In addition, the issues and impact of the NAIC PEO Model Rule will be a topic considered by the panel.
2:50 – 3:00 pm Break
3:00 – 4:00 pm NCCI and PEO Issues Moderator: Torben S. Madson, III, Attorney Alvarez, Sambol, Winthrop, & Madson, P.A. Orlando, FL
Panel: Lori Lovgren State Relations Executive National Council on Compensation Insurance (NCCI) Boca Raton, FL
Gerald Ordoyne Director of Experience Rating National Council on Compensation Insurance (NCCI) Boca Raton, FL
This session will discuss how a change in ownership of a PEO affects your experience mod. From a regulatory standpoint, what do you need to do when a change in ownership occurs? What are the new hazard groupings and what was behind the change? In 2006, NCCI completed a PEO filing to add Multiple Coordinated Policies (MCP) as an option. What is the status of the filing? Where do we go from here?
Exposures and Diseases 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 The Post-Mold Era: Timely Toxins of the Work Environment Rene Salazar, PhD, CIH, MPH Salazar Consulting Group, Inc. Tampa, FL
Who would have thought that mold would create the level of public hysteria that it did from 2000 through 2005? These biological organisms, after being present in our indoor and outdoor environments since the beginning of time, were suddenly viewed as extremely hazardous. With time, mold exposure issues have become less prominent, particularly due to the publication of several reputable documents indicating the actual expected outcomes of exposures to mold elements. We now find ourselves in the post-mold era, with new and evolving exposure concerns developing daily. Although mold remains a viable exposure agent, which should be responded to appropriately when identified as such, new exposure agents are gaining much attention requiring consideration of potential exposure outcomes and methods of exposure prevention. This new post-mold era will be discussed in detail with an analysis of these new exposure agents, expected outcomes, and methods of prevention.
10:00 – 10:15 am Break
10:15 – 12:00 pm All Cancers are Not Created Equally: Case Studies of Occupational Cancer (Maybe) 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
James McCluskey, MD, MPH, PhD University of South Florida, Colleges of Medicine and Public Health Tampa, FL
The mention of "CANCER" in any conversation is usually enough to take your breath away. In most cases, the cause is not obvious and it is often attributed to bad luck, or "poor" genes. There are several obvious risk factors, including lifestyle choices (smoking and diet), as well as, items that we have little or no control over, such as family history. In addition, there are well-known risk factors that may be encountered in select workplaces, including some chemical and radiological hazards. How do you ferret out the major contributing cause when a worker smoked, or ate "bad" food, and now has cancer? Review some interesting cases and make the decision for yourself.
12:00 – 1:00 pm Lunch (on your own)
1:00 – 3:00 pm "Good" Particle or "Bad" Particle? Nanotechnology and Nanomaterials: Potential Impacts on Health, Environment And Liability
James Poole, PhD, CIH University of South Florida, College of Public Health Tampa, FL
Scientists, insurance adjusters, claims managers, attorneys and laypersons are intrigued by this "new" technology and the potential implications associated with the manufacture, use, and potential mis-use of these products. But what in the world do they mean when they use terms like "Nano Particle", or "Nano Materials" and should we care? The answer is "Yes." Nano-technology will generate revenue between $61 billion and $74 billion in new products and services over the next five years and these products will impact the lives of everyday persons around the world. Workers manufacturing these materials may be potentially exposed thereby impacting workers compensation claims. By-products of these materials will enter waste streams and result in potential environmental and community concerns. End-users will utilize nano-based products including pharmaceuticals, cosmetics, food additives, building materials, etc., resulting in potential product liability concerns. Not a day passes where an article related to nanotechnology does not make the headlines in a popular newspaper or scientific journal. Professionals in the public health and environmental arenas have begun to voice concerns about the potential risks associated with nanotechnology and nano-materials and governmental regulatory agencies are struggling to keep up with the "break neck" pace of development. Those individuals with an interest in leading edge technologies and the potential concerns associated with the implementation of this technology should attend this presentation.
3:00 – 3:15 pm Break
3:15 – 5:00 pm Indoor Environmental Testing: Wise or Wasteful? Rene Salazar, PhD, CIH, MPH Salazar Consulting Group, Inc. Tampa, FL
We live in a dirty world. We once thought that indoor environments were much safer than the outdoors, perhaps protecting us from the conglomeration of agents known to be floating about outdoors. However, on-going research has shown that indoor environments are thought to concentrate a variety of exposure agents, both of indoor and outdoor origin, resulting in indoor exposure concentrations which might far exceed those outdoors. An increase in the energy efficiency of built environments and the contribution of sophisticated ventilation systems has only served to exacerbate the problems. Come learn what is wise and what is wasteful in regards to indoor testing for suspected contaminants.
8:00 – 10:00 am GENERAL INDUSTRY – 10 HOUR COURSE (CONCURRENT SESSION - CONTINUATION OF INITIAL SESSION ON MONDAY, AUGUST 13, 2007) Hall of Cities – New York Convention Level
Upon successful completion of the 10 hours of classes, the student will receive an OSHA general industry safety and health 10-hour course completion card through the University of South Florida OSHA Training Institute. Participants must pre-enroll and register at each session. Class size is limited. Other conference participates may attend individual presentations. Refer to the "General Information" section for additional information.
8:00 – 9:00 am Industrial Hygiene Vergie Bain Compliance Assistance Specialists U. S. Department of Labor Occupational Safety and Health Administration Ft. Lauderdale, FL
Industrial hygiene practices and related OSHA health standards, including permissible exposure limits and hearing conservation, are subjects discussed in this breakout.
9:00 – 10:00 am Permit Required Confined Spaces Joan Spencer Compliance Assistance Specialist Occupational Safety and Health Administration Tampa, FL
This presentation will define a permit-required confined space; describe the hazards associated with confined spaces; and appropriate actions that must be taken to ensure safe entry into such a space. ________________________________________________________________________ 8:00 – 10:00 am CONSTRUCTION INDUSTRY – 10 HOUR COURSE (CONCURRENT SESSION – CONTINUATION OF INITIAL SESSION ON MONDAY, AUGUST 13, 2007) Hall of Cities – New Orleans Convention Level
Upon successful completion of the 10 hours of classes, the student will receive an OSHA construction industry safety and health 10-hour course completion card through the University of South Florida OSHA Training Institute. Participants must pre-enroll and register at each session. Class size is limited. Other conference participants may attend presentations. Refer to the "General Information" section for additional information.
8:00 – 9:00 am Trenching and Excavations Daniel Byrne President Safety Professionals, Inc. Tampa, FL
The safety aspects of excavation and trenching is the subject of this presentation. The focus will include practical soil mechanics and their relationship to the stability of shored and unshored slopes and walls of excavations.
9:00 – 10:00 am Confined Spaces Gary Lopez Senior Director of Safety Ranger Construction West Palm Beach, FL
This presentation will describe unique problems involving entry into confined spaces in construction, including the identification of risks involved in entering confined spaces, difficulty of planning rescues, critical need for multi gas testing, and enhanced need for training of construction workers entering confined spaces. This session will also address, in summary fashion, the proposed draft of the OSHA construction industry confined space entry standard.
10:00 – 1:00 pm Break and Lunch (on your own) ________________________________________________________________________ 8:00 – 5:00 pm BREAKOUT ON WORKPLACE SAFETY Hall of Cities – St. Louis Convention Level
8:00 – 9:00 am Introduction to Scaffolding
8:00 – 5:00 pm Scaffolding John Palmer, CSP Director Scaffold Training Institute League City, TX
The 8 hour scaffold "Competent Person" course provides detailed instruction in scaffold hazard recognition and common safety issues including a thorough discussion of OSHA regulations, manufacturers’ recommended assembly instructions, and the topics required by 29CFR1926.454 for three types of scaffolding: Frame, Tube & Coupler, and System. Some of the topics include foundations, fall protection, falling object protection, stability tying, planking, ladders & safe access, loading, and step-by-step assembly procedures.
The purpose of this course of instruction is to provide scaffold erectors, inspectors, and users with the regulations, safety guidelines and procedures needed to recognize and eliminate hazards in the field. Participants will receive a 340 page manual and certificate of completion. Participants must pre-enroll and register at each session. Class size is limited. ________________________________________________________________________ 9:00 – 4:15 pm BREAKOUT ON WORKPLACE SAFETY, PROGRAM ONE Hall of Cities – Tampa Convention Level
9:00 – 10:00 am Hurricane Safety and Health Injury Prevention Programs Robert E. Nesbit, BA, CWCP Director USF OSHA Training Institute Education Center Tampa, FL
Does your safety and health program meet the challenge? Work conditions change drastically after hurricanes and other natural disasters. In the wake of a hurricane response and recovery, workers will face additional challenges, such as downed power lines, downed trees, and high volumes of construction debris, while performing an otherwise familiar task/operation. Learn about injury prevention programs before and after a natural disaster.
10:00 – 10:15 am Break
10:15 – 11:15 am Managing Safety Performance with Leading Indicators Tom Stewart President Tom Stewart Consulting, Inc. Menlo, GA
This presentation will provide a framework for improving safety performance that will concentrate, first, on looking at safety as a "process"; and then developing process measurements for both behaviors and results that will improve both frequency and severity of accidents. We will examine the key to the successful implementation of "employee involvement"! Attendees will leave with a clear understanding of how to change and improve their existing safety culture through employee driven measurement systems.
11:15 – 1:00 pm Lunch (on your own)
1:00 – 3:00 pm Fleet Safety Tools Bill Shooter Director of Occupational Safety Division United/Florida Safety Council Orlando, FL
This presentation will cover practical tools a fleet safety manager/director can use when implementing a quality fleet safety program. Components of the ANSI/ASSE Z15.1 2006 Standard are used as a guide for implementing a Fleet Safety Program.
3:00 – 3:15 pm Break
3:15 – 4:15 pm Safety Pay$ - an Update Vergie Bain Compliance Assistance Specialist U.S. Department of Labor Occupational Safety and Health Administration Ft. Lauderdale, FL
In addition to their social costs, workplace injuries and illnesses have a major impact on an employer’s bottom line. It has been estimated that employers pay almost $1 billion per week to injured employees and their medical care providers. The costs of workplace injuries and illnesses include direct and indirect costs. This presentation will attempt to quantify the true cost of an accident or incident with new cost data and show that prevention is the best way to save money. ________________________________________________________________________ 8:30 – 4:15 pm BREAKOUT ON WORKPLACE SAFETY, PROGRAM TWO Crystal Ballrooms A & B Convention Level
8:30 – 10:00 am The Shocking Truth on AED’s Joseph D. Galluppo CPR4U, LLC Tampa, FL
The truth about Automatic External Defibrillators (AEDs). This lecture will educate the public and companies that use AED’s. It will describe what they are and how they work, what is needed to have one and to keep it, the legalities related to their use, and the pros and cons of the most common models currently in the marketplace.
10:00 – 10:15 am Break
10:15 – 11:15 am Safety Accountability for Managers and Supervisors Michael St. Lawrence Travelers Construction Risk Control Orlando, FL
The major precept to accountability is to hold supervisory personnel accountable for safety, measuring individual performance of supervisory personnel in regards to safety and health. This program covers the theory behind accountability as a management tool for the success of a company’s safety program. Participants will be instructed on the practical aspects of implementing a program specific to the company’s needs.
11:15 – 1:00 pm Lunch (on your own)
1:00 – 3:00 pm Investigating Accidents and Interviewing Techniques Scott A. Johnson Director of Risk and Safety A-1 Contract Staffing Tampa, FL
Joan Spencer Compliance Assistance Specialist Occupational Safety and Health Administration Tampa, FL
This presentation focuses on techniques for gathering complete, accurate and objective accident data used to arrive at true root causes of accidents and to determine corrective action that needs to be taken. Participants will learn witness interviewing techniques and the process of analyzing all possible root causes of accidents, and potential corrective actions needed to prevent a recurrence.
3:00 – 3:15 pm Break
3:15 – 4:15 pm OSHA Cooperative Programs Joseph Roesler Compliance Assistance Specialist U.S. Department of Labor Occupational Safety and Health Administration Jacksonville, FL
Jim Memory Jacksonville Electric Authority (JEA) Health and Safety Specialist Jacksonville, FL
This session will explore the different programs for businesses and organizations to work cooperatively with the OSHA. The Alliance Program enables organizations or employers that share an interest in workplace safety and health to collaborate with OSHA to prevent injuries and illnesses in the workplace. Organizations can enter into Strategic Partnerships with OSHA to address specific safety and health issues. Voluntary Protection Programs (VPP), the premier cooperative program, is designed to recognize and promote effective safety and health management. Which cooperative program is right for you? Come hear the details of the different programs and get a perspective from an organization that has a partnership with OSHA. ________________________________________________________________________ 8:00 – 4:15 pm BREAKOUT ON WORKPLACE SAFETY, PROGRAM THREE Crystal Ballroom C Convention Level
8:00 – 10:00 am Safety Training Can Be Effective AND Interesting! W. Ben Hart, Manager Florida Mine Safety Training Program Tallahassee, FL
Far too often, safety and health training classes don’t have the desired lasting effect on the trainees. The information, while factual, is not very interesting, leaving the trainees lackadaisical and/or bored. This fast-paced, interactive presentation is packed with "edutainment" – useful information presented in an educational and entertaining way. The presenter will share his vast experience in the field of mine safety and health training, and share some of his techniques developed and fine-tuned over the past 30 years to keep his trainees awake, involved, and safer workers. Come learn about the most important technique – "R & D" - and how it can benefit you in your training program.
10:00 – 10:15 am Break
10:15 – 11:15 am Temporary Employee Screening, Safety Training & Customer Partnership Steven Conkle, PE, CSP Labor Ready, Inc. Tacoma, WA
Many U.S. companies utilize a temporary workforce. There are many temporary agencies to choose from. Learn how one of the leading providers of temporary workers provides screening, safety training, and customer service to provide a top level of worker competency.
11:15 – 1:00 pm Lunch (on your own)
1:00 – 3:00 pm New Research in Occupational Safety and Health at USF Thomas E. Bernard, PhD, CIH University of South Florida College of Public Health Tampa, FL
Attendees who attend this session will be able to specify time limits for exposures to high levels of heat stress, account for the effects of clothing in WBGT-based heat stress exposure assessment, describe the role of work on family life, and relate workplace stress to violence and conflict. Competing values of different methods to assess the risk of musculoskeletal disorders, and descriptions of new methods in the assessment and mechanisms of asthma and upper respiratory track irritation will be discussed. This presentation will provide important features of social marketing to improve worker behaviors and outcomes.
3:00 – 3:15 pm Break
3:15 – 4:15 pm The Money Is In The "Mod" Doug Bishop, AAI Executive Vice President-Sales Bouchard Insurance Tampa, FL
Ever wondered how experience modification factors are created, and most importantly why, in calculating workers’ compensation insurance premiums? Join us for a one-hour presentation on experience modification factors. We will explore how a claims adjuster’s management of files affects the experience modification factor, and ultimately premium costs to clients. We will also look at how NCCI creates experience mods, and what you can do to make sure your mod is accurate. ________________________________________________________________________ 8:00 – 4:15 pm BREAKOUT ON WORKPLACE SAFETY, PROGRAM FOUR Crystal Ballrooms E & F Convention Level
8:00 – 10:00 am Fall Protection James Preacher Director of Sales - Eastern USA DBI/SALA Tampa, FL
David Riddle Territory Sales Manager DBI/SALA Brooksville, FL
This session will be a discussion of identifying and correcting fall hazards in the workplace in order to eliminate or reduce the risks associated with workers falling from heights. The new ANSI standards will be discussed as they represent some significant departures from the prior standards which place more stringent requirements on the equipment used for fall protection. A dynamic demonstration showing the forces absorbed by a worker during a fall will be a part of this program.
10:15 – 11:15 am Challenges and Opportunities in a Multi-Cultural Workforce Luis Santiago President Luis Santiago & Associates Parkland, FL
The course will enlighten the attendees on the cultural, work practices and language challenges in working with primarily Spanish speaking employees.
11:15 – 1:00 pm Lunch (on your own)
1:00 – 3:00 pm Bloodborne Pathogens, Emerging Infections, and Pandemic Flu Amanda Shaw University of South Florida College of Public Health Tampa, FL
Bloodborne pathogens including HIV, Hepatitis, and numerous emerging infections will be the subject of this presentation. A brief overview will be given about the following emerging infections: Avian Flu, SARS, Creutzfeldt – Jakob, Mad Cow Disease, Viral Hemorrhagic Fever, HTLV – 1, Malaria, Syphilis, Babesiosis, Brucellosis, and Leptospirosis. Personal protective equipment will also be discussed. The Occupational Exposure to Bloodborne Pathogens Standard will be discussed, including who is covered by the standard and who has occupational exposures.
3:00 – 3:15 pm Break
3:15 – 4:15 pm The "Disposable Employee" Mistake Richard O. Speir, Jr., CSP Senior Consultant RCS Services, Inc. Atlanta, GA Field Office
This presentation will be targeted toward business users of temporary staffing services and will address: (a) What you should expect of a staffing company; (b) How to determine if you’re dealing with a good staffing firm; (c) What a good staffing firm will expect of you; (d) What OSHA expects of staffing companies and their clients, and (e) OSHA standards that have provisions specifically addressing temporary workers. Although the presentation will be targeted mainly at temporary staffing relationships, there will also be some applicability to leased employment situations, as well. ________________________________________________________________________ 8:00 – 11:15 am BREAKOUT ON WORKPLACE SAFETY, PROGRAM FIVE Hall of Cities – Boston, Atlanta & Anaheim Convention Level
8:00 – 11:15 am Drug Free Workplace 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, MD Certified Medical Review Officer The Occupational Health Center, Inc. Auburndale, FL
Todd Shoulberg Vice President Florida Drug Screening, Inc. Palm Bay, FL
This session includes the "nuts and bolts" of creating a viable Drug Free Workplace Program. The panel will instruct attendees on how to set up a drug free workplace, discuss the legal aspects of Chapter 440, Florida Statutes (Workers’ Compensation Act), versus non-chapter 440 drug-free workplace programs, and provide examples of drug testing, including sampling processes and procedures. Insurance carriers are required to advise employers of the discounts available in establishing such programs. This three-hour session will provide valuable information to the carrier, its agents, and most importantly the employer-insured in maximizing discounts available in the payment of workers’ compensation premiums. ________________________________________________________________________ 1:00 – 4:00 pm BREAKOUT ON WORKPLACE SAFETY, PROGRAM SIX Hall of Cities – New York & New Orleans, Convention Level
1:00 – 2:00 pm OSHA Update: New and Proposed Standards Joseph Roesler Compliance Assistance Specialist U.S. Department of Labor Occupational Safety and Health Administration Jacksonville, FL
Are you ready for what is around the regulatory corner? Are the Hazard Communication and the Cranes and Derricks Standards going to change? Are there going to be new Confined Space in Construction and Hearing Conservation Program for Construction Workers standards? How do the new Respirator Assigned Protection Factors and Hexavalent Chromium standards apply to you? The presentation will bring you up to date on OSHA’s regulatory agenda.
2:00 – 4:00 pm Return to Work- "The Employers Guide to the Galaxy" Margaret Baumann Regional Loss Control Manager Crum & Forster Insurance Company Lake Mary, FL
Claude Revels Director of Corporate Safety and Workers’ Compensation JM Family Enterprises, Inc. Jacksonville, FL
Yata, yata, yata……. What is the big deal? Return to work has been around forever. True…the INTENT has….but the PRACTICE hasn’t. Come to this presentation and find out what has changed and how it impacts the three primary stakeholders in the system; the Injured Worker, the Physician, and the Employer.
7:00 – 4:00 pm Shuttle Bus between The Marriott World Center, The Caribe Royale, and Premium Outlet Mall (Boarding Convention Entrance Marriott World Center & the Main Reception Building [the building in the forefront] of the Caribe Royale.) Refer to shuttle map & schedule.
8:00 – 11:00 am
9:00 – 11:00 am Palms Ballrooms Convention Level
Look for the giant prize screens in the exhibit hall announcing prize winners
10:45 am Grand Prize Drawing Inside Exhibit Hall
Florida Division of Workers’ Compensation Breakout 8:30 – 12:00 pm Crystal Ballroom D Convention Level
8:30 – 8:45 am Introductions Tanner Holloman Director Division of Workers’ Compensation Tallahassee, FL
Daniel Y. Sumner General Counsel Department of Financial Services Tallahassee, FL
Moderator: Greg Jenkins Bureau Chief Bureau of Monitoring and Audit Division of Workers’ Compensation Tallahassee, FL
8:45 – 10:45 am Claims EDI Mandate Linda Yon EDI Coordinator Division of Workers’ Compensation Tallahassee, FL
The Division has promulgated revisions to Rule 69L-56, FAC, effective January 7, 2007, requiring the electronic submission of forms DWC-1, 4, 12 and 13 to the Division. All claim administrators who handle Florida claims will be affected by this rule. Linda Yon will explain the requirements of the Claims EDI rule, including the timeframes in which all claim administrators are required to submit electronically to the Division.
EAO New Team Approach Robert Reilly Bureau Chief Bureau of Employee Assistance and Ombudsman Division of Workers’ Compensation Tallahassee, FL
Bob Reilly will talk about the role of the Employee Assistance Office (EAO) in Florida’s workers’ compensation system. Mr. Reilly will also discuss EAO’s innovative team approach to fulfilling its obligations under Section 440.191, Florida Statutes. Learn more about EAO’s Early Intervention Team, Notice of Injury (DWC-1) Team, Denial Team, and Ombudsman Team.
Update on the Reimbursement Dispute Rule 59A-31, Utilization Review Rule 59A-34 and the Medical Billing Rule 69L-7.602 Samuel Willis, III Workers’ Compensation Policy Coordinator Division of Workers’ Compensation Tallahassee, FL
Sam Willis will provide an overview of the recently promulgated Workers’ Compensation Resolution and Reimbursement Dispute Rule 59A-31, FAC. Mr. Willis will also discuss the contents of the Utilization rule 59A-34, FAC which was recently work-shopped and is currently being set for hearing in Florida. Finally, the Medical Billing Rule 69L-7.602, FAC will be discussed and how the rule revisions have revised/added EOBR codes. These rules are supported by Sections 440.13(8) and 440.13(11), Florida Statutes.
10:45 – 11:00 am Break
11:00 – 12:00 pm Leveraging Technology and Data for Workers’ Compensation System Improvement Don Davis Senior Management Analyst Office of Data Collection Division of Workers’ Compensation Tallahassee, FL
Don Davis will present information that details successful outcomes from initiating, developing, and implementing technology projects that result in "real time" work environments. Real time work environments are essential for the ability to quickly analyze and utilize the multitude of data required for submission to the Division of Workers’ Compensation, and existing in today’s workers’ compensation system. Additionally, Mr. Davis will provide an overall review of a recent major medical system development, which has allowed Florida to progress to the next level in preparing to have the nation’s most comprehensive and accessible medical database, and will demonstrate how it was used to create a medical reimbursement manual.
Insurer / Self-Insurer Performance Update, Revisions to CPS & Changes to the Audit Process Gregory Jenkins Bureau Chief, Bureau of Monitoring and Audit Division of Workers’ Compensation Tallahassee, FL
Greg Jenkins will discuss the Centralized Performance System (CPS) and how it has impacted insurers’ and self-insurers’ performance of timely payment and timely reporting of medical and indemnity benefits as required by Sections 440.20 and 440.185, Florida Statutes. Mr. Jenkins will also discuss how insurers, claims’ handling entities, and medical vendors can use CPS information to improve timely payment performance. Finally, a brief discussion will take place with regards to continuing changes to the audit process as required in Section 440.525, Florida Statutes.
Florida Bureau of Rehabilitation Breakout
9:00 – 11:00 am Crystal Ballroom G 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
Cheryl Farner Government Analyst Bureau of Rehabilitation and Reemployment Services Florida Department of Education Tallahassee, FL
This session will cover insurance carrier and service company responsibilities as they relate to workers’ compensation rehabilitation and reemployment services under Section 440.491, Florida Statutes. The staff will discuss its roles in auditing the performance of such services including compliance with reporting medical care coordination, the provision of reemployment services and assessments and use of forms DWC 21 & 22. The staff will also discuss insurance carrier use of rehabilitation providers, industry misconceptions regarding the requirements for becoming a qualified rehabilitation provider (QRP) and how to determine if a rehabilitation provider is listed in the directory of qualified rehabilitation providers. An overview of recent revisions or other relevant system changes will be discussed.
(Adjusters and Nurse Case Managers)
8:45 – 12:00 pm Grand Ballroom 3 Convention Level
Program Moderator: Nat Levine President Family Practice Center of Palm Beaches West Palm Beach, FL
8:45 – 9:45 am Hey!...Your Epidermis is Showing! Or MRSA and Dermatology 101 Moderator: Nat Levine President Family Practice Center of Palm Beaches West Palm Beach, FL
Speaker: Christopher P. Crotty, MD Sand Lake Dermatology Center Orlando, FL
With fewer dermatologists willing to treat injured workers, you need to have a basic knowledge of the skin. It is after all our largest organ and exposed daily. Learn about contact dermatitis, concrete poisoning, CLM, scabies and more. How do cysts form? Acquire knowledge about MRSA, the leading type of skin infection and how it is treated today in emergency rooms – and the deadliest!
9:45 – 10:00 am Break
10:00 – 11:00 am What Kinda Joint is this Anyways? Or The Anatomy of the Knee Moderator: Nat Levine President Family Practice Center of Palm Beaches West Palm Beach, FL
Speaker: Scott D. Norris, DO Atlantis Orthopaedics Atlantis, FL
A presentation on the anatomy of the knee. What is an MCL? What is the ACL? How do they work together? What are the mechanics of "locking" and "giving way"? What is knee pain? WHY is there knee pain? Puzzled about the knee? Don’t miss this one.
11:00 – 12:00 pm Being Hurt – Hurts My Feelings! Or Managing the Aggressive, Depressed Injured Worker Moderator: Nat Levine President Family Practice Center of Palm Beaches West Palm Beach, FL
Speaker: Valerie Masten Hoese, PhD Clinical and Neuropsychologist Orlando, FL
Injured workers CAN be difficult. However, the injured worker with underlying psychological problems can be a handful! Patients can become depressed, agitated, confused and very aggressive as a result of a workers’ compensation claim. What do you say to the patient? How can you become more empathetic? What phrases do you want to use? What phrases do you clearly want to avoid? Listen to a well known clinical and neuropsychologist explain what you need to know.
Breakout on Florida 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: Lori Lovgren State Regulations Executive National Council on Compensation Insurance Boca Raton, FL
Jeffrey Korte, Chief Division of Insurance Fraud Florida Department of Financial Services Tallahassee, FL
Michael Cleary Program Administrator Workers’ Compensation Joint Underwriting Association Sarasota, FL
Florida Workers’ Compensation Law is constantly in flux. The panel will discuss any new legislation or potential legislation, as well as, each panelist’s view on hot topics. This program always draws a standing room only crowd because the panel consists of persons who really know what is going on in Tallahassee politics.
and Harbor Workers’ Compensation Act
9:00 – 3:00 pm Grand Ballroom 8 Convention Level
Due to the growing interest in the Longshore Act and at the request of prior attendees, this year’s program has been expanded to cover five credit hours. The topics have been carefully selected to benefit both the novice and seasoned claims specialist or attorney. This year’s Longshore breakout is not one to be missed!
Program Moderator: Robert L. Bamdas, Attorney Kelley, Kronenberg, Gilmartin, Fichtel & Wander, P.A. West Palm Beach, FL
9:00 – 10:00 am Longshore Forms: What, When and How to File Panel: Charles F. Coffey U.S. Department of Labor Jacksonville, FL
Shaun Mundy Aulita The Zenith Insurance Company Sarasota, FL
Improper filing of forms can result in costly ramifications: claims and defenses can be waived, penalties on past benefits can become due, and administrative fines can be levied by the Department of Labor. This session will provide clear instruction on how to properly fill out all of the major Longshore Forms including the LS-206, LS-207 and LS-208. The panel will also discuss the legal and technical requirements for preparing the LS-202 and LS-203 as well as other necessary forms.
10:00 – 11:00 am Rehabilitation under the Longshore Act Deborah A. Murphy Vocational Rehabilitation Specialist U. S. Department of Labor Jacksonville, FL
James Sullivan, M.Ed., CRC, CVE Vocational Rehabilitation Expert Fort Lauderdale, FL
Tracey J. Hyde, Attorney McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A. Panama City, FL
This topic will examine various rehabilitation services available through the Department of Labor and the private sector. Can an employer/carrier be compelled to pay the claimant while he undergoes retraining? Can a claimant’s benefits be suspended for failing to cooperate with a vocational assessment? What factors should the employer/carrier and claimant consider when determining if retraining is beneficial for their specific needs? These and other questions will be addressed by the panel for the benefit of attendees.
11:00 – 12:00 pm Defenses under the Longshore Act: Fraud, Intoxication, Employer/Employee Relationships, Jurisdiction, 8(F) and more Panel: Lisa Torron-Bautista, Attorney Conroy, Simberg, Ganon, Krevans & Abel, P.A. Orlando, FL
Barry R. Lerner, Attorney Barnett and Lerner, P.A. Dania Beach, FL
Honorable Stuart A. Levin U. S. Department of Labor Office of the Administrative Law Judges Jacksonville, FL
This panel will identify the various defenses that are available under the Longshore Act and how and when to assert them. It will also explore the application of presumptions and burdens of proof when defending claims involving intoxication, hearing loss, occupational disease, exposure claims and more.
12:00 – 1:00 pm Lunch (on your own)
1:00 – 2:00 pm Scheduled v. Non-Scheduled Injuries Navigating Concurrent Awards, Successive Injuries and More Thomas A. Kimbrough Manager Lamorte Burns, Inc. Jacksonville, FL
Kristina K. Hall Senior Claims Examiner U.S. Department of Labor Jacksonville, FL
E. Clayton Harland, II, Attorney Cole, Stone, Stoudemire & Morgan, P.A. Jacksonville, FL
How is a claimant paid when he suffers successive permanent injuries to the same body part or member? What if the claimant suffers permanent injuries to his back and foot. Must the employer/carrier pay both unscheduled and scheduled permanent partial disability benefits concurrently? What if the claimant is already receiving compensation from a prior employer/carrier at the time of his new injury? Does the current employer/carrier still have to pay? These and other perplexing questions and scenarios will be addressed by this panel in what is sure to be an enlightening session.
2:00 – 3:00 pm Hot Topics/Trends: New Trends Regarding Attorneys’ Fees, Penalties and Interest, Legislative Update and Employer/Employee Relationships Panel: Charles D. Lee District Director U. S. Department of Labor Jacksonville, FL
Ian Greenway LIG International Insurance St. Petersburg, FL
Bonnie J. Murdoch, Attorney Taylor, Day, Currie, Boyd & Johnson, P.A. Jacksonville, FL
This panel will address new landmark legal authority under the Longshore Act, trends in practice and procedure, and other areas of interest or concern to the industry. Areas of focus include, but are not limited to, attorney fee entitlement for claimant’s attorneys before and after the informal conference, timely payment of compensation and payment of awards, and recent legislative attempts to modify or change the Longshore Act.
Mediation Techniques for Mediators, Attorneys and Adjusters
9:00 – 12:00 pm Grand Ballroom 11 Convention Level
Moderator: Stuart F. Suskin, Attorney State Mediator Gainesville, FL
Panel: Christine Harter, Attorney Christine L. Harter, P.A. Ocala, FL
Honorable Kathy Sturgis Judge of Compensation Claims Fort Myers, FL
Larry Langer State Mediator West Palm Beach, FL
Rita Young State Mediator Tampa, FL
Robert Dietz, Attorney Zimmerman, Kise & Sutcliffe, P.A. Orlando, FL
Mediation has become an integral part of any workers’ compensation system. All cases are mediated in some form prior to hearing. This program will address tactics and strategies that have been employed by mediators to deal with difficult situations. The panel will be comprised of three state mediators, two private mediators and a former state mediator currently serving as a judge of compensation claims in Ft. Myers. The format of the program will be a Q & A session, with a moderator in the audience and solicited audience participation. This program is targeted for mediators, attorneys, adjusters and risk managers/employer representatives who are interested in methods or ideas for dealing with difficult meditations. This 180 minute program is designed to provide 3.6 hours of general mediation education, of which 2 hours will be allocated to mediator ethics credits.
Breakout on Multi-State Workers’ Compensation Laws 9:00 – 3:00 pm Crystal Ballroom J Convention Level
Didn’t think it could get any better? It has. Additional states. New format. This year we will continue our focus on the workers’ compensation laws of Alabama, Georgia, South Carolina, and Tennessee but also add neighboring states Mississippi and North Carolina. Still not excited? After a general session on the ten ways to avoid lawyer involvement in your claims, we are introducing individual state breakout sessions with audience participation covering such topics as Fun with Forms, Judging the Judges, Hard Facts about Light Duty, Defenses that Work (and some that don’t), and Settlements: Deal or No Deal. The morning will conclude with another general session regarding the future of workers’ compensation in each of the six states. In the early afternoon portion of the session, several of the states will have their regulators available. Copies of the 2007 Multi-State Book of Workers’ Compensation Laws will be provided to all attendees.
9:00 – 12:00 pm State Workers’ Compensation System: A Comparison Program Moderator: R. Briggs Peery, Attorney Swift, Currie, McGhee & Hiers Atlanta, GA
Individual State Moderators: Alabama: Kyle L. Kinney, Attorney Gaines, Wolter & Kinney Birmingham, AL
Georgia: Richard A. Watts, Attorney Swift, Currie, McGhee & Hiers Atlanta, GA
South Carolina: Mark Davis, Attorney McAngus, Goudelock & Courie, LLC Charleston, SC
Tennessee: David Noblit, Attorney Leitner, Williams, Dooley & Napolitan, PLLC Chatanooga, TN
Mississippi: Thomas Cassidy, Attorney Leitner, Williams, Dooley & Napolitan, PLLC Memphis, TN
North Carolina: Trula R. Mitchell, Attorney McAngus, Goudelock & Courie, LLC Raleigh, NC
9:00 – 9:30 am Opening General Session: Ten Ways to Avoid Lawyer Involvement in Your Claims
9:30 – 11:30 am Individual State Breakouts Covering Forms, Light Duty, Defenses to Compensability and Settlements (Move into individual breakout rooms) Alabama - Crystal K Georgia - Crystal L South Carolina - Crystal M Tennessee - Crystal N Mississippi - Crystal P North Carolina – Crystal Q
11:30 – 12:00 pm Closing General Session: The Future of Workers’ Compensation
12:00 – 1:00 pm Lunch (on your own)
1:00 – 3:00 pm State Regulators Moderator: Kathleen D. Oliver Deputy Chief Operating Officer Georgia State Board of Workers’ Compensation Atlanta, GA
Panel: Teresa Bullington Director of Specialists Tennessee Department of Labor Nashville, TN
The Honorable David Imahara Administrative Law Judge Georgia State Board of Workers’ Compensation Atlanta, GA
The Honorable Buck Lattimore Chairman North Carolina Industrial Commission Raleigh, NC
The Honorable David W. Huffstetler Chairman South Carolina Workers’ Compensation Commission Columbia, SC
Gerald Stringer Ombudsman Department of Industrial Relations for the State of Alabama Montgomery, AL
Scott Clark, Attorney Senior Legal Counsel Mississippi Workers’ Compensation Commission Jackson, MS
State regulators and judges from several states will address current issues they face, provide tips on how to best communicate with them, and take questions from the audience.
Management Techniques Presented by WCCP
9:00 – 11:00 am Grand Ballrooms 4, 5 & 6 Convention Level
9:00 am Welcome and Introductions Maria Allen, Chair WCCP Lake Mary, FL
9:00 – 11:00 am A Career of Joy and Passion Phil Rosenberg, President The HR Doctor, Inc. Coral Springs, FL
Life is short. Life is precious. Join "The HR Doctor" Phil Rosenberg on a fast paced and high value look at critical lessons every one of us can use immediately to make the most of our careers and our personal lives! Phil will share his own experiences, as well as lessons from Sir Issac Newton, John Greenleaf Whittier, and Kevin Bacon, on how to have a life marked by achievement, happiness and passion. This is a humorous but profound look on overcoming inertia in the way we work. Learn the importance of identifying and maximizing the power of the "vital few" for career success and personal happiness. How and why we should view our work with compelling urgency to make things happen will have an effect on all of us as we advance in our careers and in our relationships.
8:00 – 11:15 am BREAKOUT ON WORKPLACE SAFETY, PROGRAM ONE Hall of Cities – New York Convention Level
8:00 – 9:00 am Intro to OSHA Joan Spencer Compliance Assistance Specialist U.S. Department of Labor Occupational Safety and Health Administration Tampa, FL
The presentation will cover the goals and purposes of the Occupational Safety and Health Act, including an introduction to its standards and inspection process.
9:00 – 10:00 am Walking Working Surfaces Patrick Stark Safety & Health Compliance Specialist University of South Florida Safety Florida Consultation Program Longwood, FL
What are the most common causes of accidents? Learn where to look for slip, trip and fall hazards, how to identify them, and how to come in to compliance with applicable standards.
10:00 – 10:15 am Break
10:15 – 11:15 am Electrical Daniel Byrne President Safety Professionals, Inc. Tampa, FL
Many workers are unaware of the potential electrical hazards present in their work environment, which makes them more vulnerable to the danger of electrocution. The presentation will aid in recognizing hazards associated with electrical work.
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