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.
________________________________________________________________________
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