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Sunday, August 17

 

Late Registration for Golf Tournament

Golf Tournament

Exhibit Hall Setup

Moot Court Judges’ Luncheon (Judges only)

Convention Registration & Information

E. Earle Zehmer Moot Court Preliminary Rounds

 

Monday, August 18

 

Registration and Information

Welcoming Speeches and Special Awards

Scholarship and Award Presentations

Alex Sink

The National Underwriter Award for Excellence in Workers' Compensation Risk Management

Introduction of Industry Keynote Speaker

Industry Keynote Speaker

Guest Speaker and Keynote Address

Exhibit Hall Open

E. Earle Zehmer Moot Court Finals

Case Law Update

Grand Prize Drawing Inside Exhibit Hall

Breakout for Risk Managers

Breakout for Healthcare Providers

Breakout on Employment Law

National Trends In Workers’ Compensation

DRI’s National Workers’Compensation Review:Staying Ahead of the Curve

National Institute For Occupational Safety and Health (NIOSH)/Centers for Disease Control & Prevention (CDC)/University of South Florida Breakout

Breakout on Workplace Safety

Reception and Entertainment

 

Tuesday, August 19

 

Registration & Information

Exhibit Hall Open

Grand Prize Drawing Inside Exhibit Hall

Breakout for Adjusters, Program One

Breakout for Adjusters, Program Two

Breakout for Attorneys

Breakout for Paralegals And Legal Assistants

Division of Workers’ Compensation Bi-Annual Re-Certification Course for Rehabilitation and Healthcare Providers

Chiropractic Breakout

Breakout for Pain Management

Orthopaedic Breakout

Breakout for Medical Case Managers/Rehabilitation Providers

National Trends In Workers’ Compensation

Employee Leasing: Professional Employer Organization Breakout

DRI’s National Workers’ Compensation Review: Staying Ahead of the Curve

National Institute For Occupational Safety and Health (NIOSH)/Centers for Disease Control & Prevention (CDC)/University of South Florida Breakout

Breakout on Workplace Safety

Selected Topics in Management Techniques

Breakout On Using Health Science to Resolve Workers’ Compensation Claims: Why Evidence Based Medicine is Important

 

Wednesday, August 20

 

Registration & Information

Breakfast in the Exhibit Hall

Exhibit Hall Open

Grand Prize Drawing Inside Exhibit Hall

Florida Division of Workers’ Compensation Breakout

Florida Bureau of Rehabilitation Breakout

Breakout on Medical Issues (Adjusters and Nurse Case Managers)

Breakout on Longshore and Harbor Workers’ Compensation Act

Breakout on Advanced Mediation Techniques for Mediators, Attorneys and Adjusters

Breakout on Multi-State Workers’ Compensation Laws

 

Sunday, August 17

7:30 – 8:00 am 

Late Registration for Golf Tournament

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

 

8:00 – 1:00 pm 

Golf Tournament

Hawks Landing Golf Club at the Orlando World Center Marriott, Golf Tournament Luncheon in Florida Ballrooms – Harbor Beach & Marco Island, North Tower, immediately following tournament

 

12:00 – 6:00 pm 

Exhibit Hall Setup

Cypress Ballroom, Convention Level

 

12:00 – 1:00 am 

Shuttle Bus between The Orlando World Center Marriott, The Caribe Royale, and the overflow parking site (Boarding Convention Entrance Orlando World Center Marriott & 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

Palms Foyer, Convention Level

 

2:00 – 5:00 pm 

E. Earle Zehmer Moot Court Preliminary Rounds

Hall of Cities - Atlanta/Anaheim and Grand Ballrooms 1-6, Convention Level

 

Participants:

Barry University of Orlando

Florida A&M University

Florida Coastal Law School

Florida State University

Nova 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. Zientz

Miami, FL

 

Tracey J. Hyde, Attorney

McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A.

Panama City, FL

 

 

Monday, August 18

 

7:00 – 1:00 am 

Shuttle Bus between The Orlando World Center Marriott, The Caribe Royale, and the overflow parking site (Boarding Convention Entrance Orlando World Center Marriott & the Main Reception Building [the building in the forefront] of the Caribe Royale). Refer to shuttle map & schedule.

 

8:00 – 5:00 pm 

Registration and Information

Palms Foyer, Convention Level

 

9:00 – 9:15 am 

Welcoming Speeches and Special Awards

Palms Ballroom, 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 – 9:35 am 

Scholarship and Award Presentations

 

FWCI Scholarship Presentations

J. David Parrish, Attorney

The Parrish Law Group, P.A.

Winter Park, FL

 

Gerald A. Rosenthal, Attorney

Rosenthal, Levy & Simon, P.A.

West Palm Beach, FL

 

Friends of 440 Scholarship Presentation

Richard A. Sadow, Attorney

Sadow & Gorowitz, P.A.

Miami, FL

 

9:35 – 9:55 am 

Alex Sink

Chief Financial Officer

Florida Department of Financial Services

Tallahassee, FL

 

9:55 – 10:10 am 

The National Underwriter Award for Excellence in Workers’ Compensation Risk Management

 

Sam Friedman

Editor-in-Chief

National Underwriter – Property

& Casualty/Risk & Benefits

Management Edition

Hoboken, NJ

 

Stephen J. Klingel

President & CEO

National Council on Compensation Insurance

Boca Raton, FL

 

The National Underwriter and the Florida Workers’ Compensation Institute recognize three top risk management specialists from across the country chosen as finalists in the "National Underwriter Award For Excellence in Workers’ Compensation Risk Management". This annual award is sponsored by the National Council on Compensation Insurance (NCCI).

 

10:10 am 

Introduction of Industry Keynote Speaker

 

Sam Friedman

Editor-in-Chief

National Underwriter – Property

& Casualty/Risk & Benefits

Management Edition

Hoboken, NJ

 

10:10 – 11:00 am 

Industry Keynote Speaker

(Refer to General Information section of program)

 

Neal S. Wolin

President and Chief Operating Officer

The Hartford’s Property-Casualty Operations

The Hartford Financial Services Group, Inc.

Hartford, CT

 

Mr. Wolin will discuss the challenges ahead for the workers’ compensation industry, including the rise of claims and fraud in a slowing economy, soaring healthcare and drug costs, and the possibility of national health insurance reform in a new administration.

 

11:00 – 12:00 pm 

Guest Speaker and Keynote Address

(Refer to General Information section of program)

Football Legend - Terry Bradshaw

 

11:00 – 5:00 pm 

Exhibit Hall Open

Cypress Ballroom, Convention Level

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

 

LUNCH (on your own)

 

1:30 – 2:30 pm 

E. Earle Zehmer Moot Court Finals

Grand Ballrooms 1, 2 & 3, Convention Level

 

Organizers:

Jacqueline L. Blanton, Attorney

McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A.

Sarasota, FL

 

Barbara B. Wagner, Attorney

Wagenheim & Wagner, P.A.

Ft. Lauderdale, FL

 

Richard A. Sicking, Attorney

Richard A. Sicking, P.A.

Miami, FL

 

Mark L. Zientz, Attorney

Law Offices of Mark L. Zientz

Miami, FL

 

Tracey J. Hyde, Attorney

McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A.

Panama City, FL

 

Judged by First District Court of Appeal

Chief Judge Edwin B. Browning, Jr.

Honorable Bradford L. Thomas

Honorable L. Clayton Roberts

 

This annual event is the final round of the moot court competition. The subject of this competition is a topic that is significant in the area of workers’ compensation.

 

2:00 – 4:00 pm 

Case Law Update

Crystal Ballrooms G & H, Convention Level

 

Moderator:

Nicole D. Ruocco, Attorney

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

Orlando, FL

 

Panel:

M. Kemmerly Thomas, Attorney

McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A.

Tallahassee, FL

 

Geoffrey Bichler, Attorney

Bichler & Kelley, P.A.

Winter Park, FL

 

Jane E. McGill, Attorney

Rosenthal, Levy & Simon, P.A.

West Palm Beach, FL

 

Tim Jesaitis, Attorney

The Law Office of Tim Jesaitis, P.A.

St. Petersburg, FL

 

Rafael Gonzalez, Attorney

FCCI Insurance Group

Sarasota, 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. This is a must attend presentation.

 

4:45 pm 

Grand Prize Drawing Inside Exhibit Hall

 

 

Breakout for Risk Managers

 

1:00 – 5:00 pm 

Grand Ballrooms 4, 5 & 6, Convention Level

 

Program Moderator:

Max Koonce

Senior Director of CMI

Wal-Mart Stores, Inc./CMI

Rogers, AR

 

1:00 – 2:00 pm 

Practical Experiences and Solutions in Workers’

Compensation Claims Management

 

Panel:

Allyn C. (Lynn) Tatum

Vice President Risk Management

Tyson Foods, Inc.

Springdale, AR

 

Robert B. Steggert

Vice President of Casualty Claims

Marriott International, Inc.

Washington, DC

 

Everyone strives to determine exactly what the best workers’ compensation program is for their business. Whether the solution is to be self-insured or insured; or for those who have in-house administration versus a third party administrator, what are the parameters to gauge performance of the program. This session will review basic segments of the in-house programs of two multi-national companies, addressing their adopted best practices and unique programs, including but not limited to initial claim reporting, first contact, AOE/COE investigations, medical case management, utilization review, return to work, litigation, performance expectations, and measurements. This informative program also has applicability for determining the effectiveness of those employers utilizing third party administrators.

 

2:00 – 2:15 pm 

Break

 

2:15 – 4:00 pm 

Evidence Based Medicine

 

Panel:

Joseph D. Zuckerman, MD

Professor and Chairman NYU Hospital for Joint Diseases, Department of Orthopedic Surgery

New York University Medical Center

Star-Med Chief Medical Officer

New York, NY

 

Margareta Nordin, PT

Medical Director Sci., C.I.E.

The Occupational and Industrial Orthopedic Center (OIOC) NYU Hospital for Joint Diseases, New York University Medical Center

Star-Med Senior Medical Advisor

New York, NY

 

Marco Aurelio Campello, PhD

The Occupational and Industrial Orthopedic Center (OIOC) Hospital for Joint Diseases (HJD) New York University Medical Center

Star-Med Senior Medical Advisor

New York, NY

 

Medical costs continue to rise as a proportionate share of overall workers’ compensation costs. Although pricing is critical to help control these costs, utilization to ensure appropriate treatment is paramount. This session will focus on the practical application of evidence based medicine in the workers’ compensation arena. The discussion will include: bringing evidence based medicine into the analysis of diagnostic studies; evidence based medicine and individual decision making on claims; predictors of outcomes for return to work and work retention; and secondary prevention programs for low back pain.

 

4:00 – 5:00 pm 

Health, Wellness and Productivity

 

Amy J. Khan, MD, MPH

Concentra Medical Clinics

Reno, NV

 

Rising healthcare costs and changes in workforce demographics are substantially impacting health and productivity costs and threatening corporate profits. As baby boomers, many affected by their own age related illnesses, retire from the workforce, employers are forced to accommodate associated lost-work time and intellectual capital. Younger employees are not only proportionately fewer in numbers, but many also have poor health behaviors as evidenced by rising rates of obesity and diabetes. Together, these factors contribute to increased health-related expenditures, absentee and disability rates, and employee turnover. Critical steps to navigate these challenging times involve integrated health care services that identify those at risk, promote healthy behaviors and prevent illness and injury among the workforce. This session will help participants understand the value of integrated worksite health services including health screening and targeted lifestyle interventions that modify health risks, clinical care that optimizes health outcomes, and policy changes that help sustain healthy behaviors.

 

 

Breakout for Healthcare Providers

 

1:30 – 4:30 pm 

Crystal Ballroom M, Convention Level

 

Program Moderator:

Gary Newcomer, MD

First Care of Gainesville

Gainesville, FL

 

1:30 – 3:00 pm 

Legally And Medically Complex Cases

 

Panel:

James D. McCluskey, MD, MPH

University of South Florida, College of Public Health

Tampa, FL

 

Jesse A. Lipnick, MD

Southeastern Rehabilitation Medicine

Chiefland, FL

 

Stephen L. Rosen, Attorney

Tampa, FL

 

A. Dawn Hayes, Attorney

Tampa, FL

 

Many physicians avoid accepting cases with multiple diagnoses and "dueling attorneys". This session features two Florida physicians who enjoy the challenges these cases provide. Each will present a case study with multiple diagnoses and legal issues. Two experienced workers’ compensation attorneys will discuss the legal aspects of each case. The session will conclude with a mock deposition. Our attorney panelists will try their best to make our physician experts fumble the ball.

 

3:00 – 4:30 pm 

Complementary Alternative Medicine: An Emerging Trend

in Workers’ Compensation for the Treatment Of Chronic Pain Patients

 

Panel:

Oregon K. Hunter, Jr., MD

Southeastern Rehabilitation Medicine

Ocala, FL

 

Adrian Langford

Vice President, Alternative Medicine Integration of Florida, LLC

St. Petersburg, FL

 

Zafer H. Sabawi, AP

Acupuncture Healing Solutions

Ocala, FL

 

Complementary Alternative Medicine (CAM) is embraced by a reasonably broad spectrum of society today. Many patients seek alternative therapies because conventional medicine has not brought them satisfaction. The question we will probe in this session is whether alternative therapies, such as acupuncture, herbal cures and homeopathic remedies are effective. What are the different styles of acupuncture? What are the educational requirements of acupuncturists/Oriental medicine practitioners? The session will also discuss the process of diagnosis and the strategy for optimal healing using CAM Therapies.This promises to be a lively debate contrasting traditional therapy with alternative medicine. The session will include a demonstration of acupuncture.

 

 

Breakout on Employment Law

 

1:00 – 4:00 pm 

Grand Ballroom 7B, Convention Level

 

Program Moderator:

Susan K. McKenna, Attorney

Jackson Lewis LLP

Orlando, FL

 

1:00 – 2:00 pm 

Recent Developments in Sexual and Racial Harrassment

 

Susan K. McKenna, Attorney

Jackson Lewis LLP

Orlando, FL

 

Today’s workplaces continue to be challenged by allegations of inappropriate conduct on the part of supervisors, fellow employees and even third parties which create a hostile environment. While sexual harassment is the most frequent claim, racial harassment issues are increasingly common and often are even more difficult to manage effectively. This session will provide an overview of legal developments and practical advice on minimizing liability.

 

2:00 – 2:55 pm 

The Ten Commandments to Avoiding Employment Liability

 

Susan K. McKenna, Attorney

Jackson Lewis LLP

Orlando, FL

 

Human Resource commentators and employment law experts agree that the single most important factor in avoiding legal liability for managerial decision-making and employee interactions is effective supervisory training. Understanding the basic principles of how to hire, motivate, evaluate, reward, discipline and terminate employees, both legally and appropriately, is key. This session will offer ten easy steps to best ensure your organization is positioned to withstand the employment suit onslaught.

 

2:55 – 3:10 pm 

Break

 

3:10 – 4:00 pm 

The Habitually Sick Employee: What Employers Can, Cannot and Must Do

 

Joanne B. Lambert, Attorney

Jackson Lewis LLP

Orlando, FL

 

The chronically absent employee can create a vexing problem for organizations with pressing customer, client and work demands that need immediate and sustained attention. Numerous laws that impact this issue, including the Americans with Disabilities Act, the Family and Medical Leave Act and workers’ compensation statutes, have overlapping and sometimes contradictory requirements and prohibitions. The "do’s" and "don’ts" of managing leaves of absence will be the focus of this session.

 

 

National Trends

In Workers’ Compensation

Presented by the National Underwriter

 

1:00 – 4:15 pm 

Crystal Ballroom J, Convention Level

 

National Trends Moderator:

Sam Friedman

Editor-In-Chief

National Underwriter-Property & Casualty Risk & Benefits Management Edition

Hoboken, NJ

 

1:00 – 2:30 pm 

Hot Spots For WC Reform: A Progress Report From Key States

 

Moderator:

Sam Friedman

Editor In Chief

National Underwriter-Property & Casualty Risk & Benefits Management Edition

Hoboken, NJ

 

Panel:

J. Michael Nolan

President

California Workers’ Compensation Institute

Oakland, CA

 

Larry Corsi

Vice President

AIG Specialty Workers’ Compensation

New York, NY

 

Robert Stokes, Attorney

Flahive, Ogdon & Latson

Austin, TX

 

Kevin McCarty

Florida Insurance Commissioner

Tallahassee, FL

 

James Adair

AIG Specialty Workers' Compensation VP of Claims

 

Five battle-hardened experts report from the front lines in the campaign to reform workers’ compensation laws in critical states. Included will be progress reports from California (where reforms of a few years ago are having a dramatic impact on competition, capacity and premium rates), New York (where former Governor Eliot Spitzer pushed through significant reforms after only a few months in office), Texas (where managed care reform is front and center), and Florida (where successful reforms have led to major premium reductions).

 

2:30 – 2:45 pm 

Break

 

2:45 – 4:15 pm 

How Do We Break The WC Drug Addiction?

 

Moderator:

George Furlong

Vice President of Client/Partner Relations

Bunch & Associates

Lakeland, FL

 

Panel:

Dennis Jay

Executive Director

The Coalition Against Insurance Fraud

Washington, DC

 

J. Michael Nolan

President

California Workers’ Compensation Institute

Oakland, CA

 

Harry Shuford

Practice Leader and Chief Economist

National Council on Compensation Insurance

Boca Raton, FL

 

Ken Jones

Vice President of Investigative Services

Travelers Insurance

Hartford, CT

 

While workers’ compensation insurers and risk managers appear to have a handle on claims frequency with workplace safety improving every year, soaring growth in severity is putting a damper on any celebrations. The chief culprit is the exponential growth in medical care costs—with prescription drugs being a chief cost-driver. This session will focus on the explosion of drug prescriptions in workers’ compensation, particularly expensive pain medications, and the industry’s struggle to control unnecessary utilization, costs, and fraud.

 

 

DRI’s National Workers’

Compensation Review:

Staying Ahead of the Curve

 

1:00 – 5:25 pm 

Grand Ballroom 7, Convention Level

(Refer to General Information Section of Program)

 

Program Moderator:

David M. Wilson, Attorney

Wilson & Berryhill, P.C.

Birmingham, AL

 

1:00 – 1:50 pm 

MSA Wars: Strategic Thinking and Situational Tactics – A Battlefield Update

 

Panel:

William E. Pipkin, Attorney

Austill, Lewis & Pipkin, P.C.

Mobile, AL

 

Robert T. Lewis, Attorney

Vice President & Chief Legal Officer

Crowe Paradis Service Corporation

Medford, NJ

 

Find out the latest developments in the Medicare Set Aside saga. Continuing attempts to shift responsibility for future medical expenses between employers and Medicare makes for a never ending struggle toward ensuring predictability for the employer. Learn from these noted experts strategies for settling difficult cases and tips for presenting cases to CMS for approval, plus a peek at what is ahead.

 

1:50 – 2:40 pm 

Esoteric Medical Benefits (From AAA Membership to Zenith Plasma TV): Necessary or Nice?

 

Panel:

H. George Kagan, Attorney

Miller, Kagan, Rodriguez & Silver, P.L.

West Palm Beach, FL

Rodolfo D. Eichberg, MD

Rehabilitation & Electrodiagnostics, P.A.

Tampa, FL

 

Houses, hot tubs, shiny new vans with GPS and all the trimmings, Segway Personal Transporters, spa membership and massage therapy for life! Sounds like prizes on a game show but all stem from actual WC cases. This presentation will review from both a medical and legal standpoint trends and tactics toward and/or away from employer responsibility for "comfort measures" versus genuine medical necessity – suggesting ways to distinguish practitioners’ medical prescriptions from personal preferences.

 

2:40 – 2:55 pm 

Break

 

2:55 – 3:45 pm 

Frontiers of Junk Science: Harnessing the Power of Frye and Daubert in Everyday Litigation

 

Robert C. Erlandson, Attorney

Godwin, Erlandson, MacLaughlin, Vernon & Daney, LLC

Baltimore, MD

 

Often overlooked in the defense of workers’ compensation cases is subjecting opposing medical expert’s opinions regarding diagnosis, causation and effects to minimum scientific thresholds under Frye or Daubert. Forcing the trier of fact to perform its gatekeeping function may result in disallowance of evidence, or at the very least, the casting of proposed opinions and conclusions as questionable (and appealable.). Learn how various states have come to adopt the standards imposed by Frye and Daubert, and how states which have not adopted these tests may be ripe for a full frontal attack on the burgeoning area of "Junk Science".

 

3:45 – 4:35 pm 

How to Get Business, and How to Lose it: A Decision Maker’s Perspective

 

Panel:

Daniel C. Kniffen, Attorney

Drew, Eckl & Farnham

Atlanta, GA

 

Loral Blinde

Vice-President, Human Resources

Airtran Airways

Orlando, FL

 

Robert Johnson

Managing Counsel Workers' Compensation Practice Group

McDonalds Corporation

 

An industry representative and experienced counsel will provide "do’s and don’ts" for attorneys seeking to grow their book of business – for all the right reasons. Everything from marketing tactics, entertainment, file handling, rates and billing to client communication/relations will be covered in unflinching candor. Don’t miss this opportunity to hear what works, and what doesn’t, straight from the decision makers.

 

4:35 – 5:25 pm 

ADA Implications on Workers’ Compensation Claims: 25 Years Later

 

Bradley B. Varner, Attorney

Craig S. Young, Attorney

Heyl, Royster & Wolker

Peoria, IL

 

The Americans with Disabilities Act (ADA) was enacted in 1992. Immediate hand wringing and worrying commenced from the standpoint of what impact, if any, the legislation would have upon the handling of workers’ compensation claims, return to work issues, reduction or enhancement of disability awards and the like. This presentation will review how the ADA impacts workers’ compensation claims (or not), and will provide illustrations of how to avoid ADA implications in the handling of a claim.

 

 

National Institute For Occupational Safety and Health (NIOSH)/Centers for Disease Control & Prevention (CDC)/University of South Florida Breakout

 

1:00 – 5:00 pm 

Grand Ballrooms 12, 13 & 14, Convention Level

 

1:00 – 2:00 pm 

NIOSH Activities for Hispanic Workers

 

Susan Afanuh

Technical Information Specialist Centers for Disease Control & Prevention/ National Institute for Occupational Safety and Health

Cincinnati, OH

 

How is NIOSH responding to an increasingly diverse workforce? Come hear about NIOSH activities and how they relate to research goals of safety for all people.

 

2:00 – 2:50 pm 

Limitations and Applications of Risk Assessments

 

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

 

This presentation will provide a methodology for sorting through various sources of risk information to evaluate workplace chemical injury claims. The objective is to provide a procedure for evaluating the scientific basis for a claim and whether it complies with workers’ compensation statutes.

 

2:50 – 3:05 pm 

Break

 

3:05 – 4:00 pm 

News Flash!!! MRSA Found in the Community, Workplace, and Healthcare Settings

 

James McCluskey, MD, MPH

University of South Florida

Colleges of Medicine and Public Health

Tampa, FL

 

Methicillin Resistant Staphylococcus Aureus (MRSA) is increasingly being "found" in settings of the typical healthcare facility. If you look, you will find it! The session will discuss this crafty bug, risks of colonization versus infection, and appropriate management techniques.

 

4:00 – 5:00 pm 

Evaluating Individual Impairment from Drugs and Alcohol: A Primer

 

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

University of South Florida

Colleges of Medicine and Public Health

Tampa, FL

 

Impairment by drugs and/or alcohol is frequently associated with workplace accidents. Although testing can indicate the level of a substance or metabolite, the pharmacological effects are not always consistent with substance elimination. Impairment may extend beyond the usual period of elimination. Several methodologies will be provided in order to evaluate workplace impairment caused by drugs and alcohol.

 

 

Breakout on Workplace Safety

 

8:00 – 5:00 pm 

GENERAL INDUSTRY – 10 HOUR COURSE 

Grand Ballrooms 9 & 10 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 an approved outreach trainer. Participants must pre-enroll and register at each session. Class size is limited. Other conference participants may attend individual presentations. Refer to page 9 in the "General Information" section for additional details & registration.

 

8:00 – 9:00 am 

Introduction to OSHA

 

Daniel Byrne

President

Safety Professionals, Inc.

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

 

R. Scott Young

President

Industrial Safety Institute

Tampa, 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

 

Richard Campbell, ARM

Senior Safety Engineer

A-1 Contract Staffing

Tampa, 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)

 

Joan Haynes

Milton J. Wood Company

Jacksonville, FL

 

This presentation identifies the types of PPE available, its proper use, and maintenance.

 

2:00 – 3:00 pm 

Machine Guarding / Lockout- Tagout – Subpart O

 

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 

Bloodborne Pathogens, Subpart Z

 

Linda Marchionni, ARM

Senior Safety Engineer

A-1 Contract Staffing

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.

 

4:00 – 5:00 pm 

Materials Handling, Subpart N

 

William (Bill) Shooter, Director

Occupational Safety Division

United Safety Council

Orlando, FL

 

This presentation will cover the procedures for the safe handling, dispensing, and storage of flammable and combustible liquids in order to prevent fire.

 

____________________________________________________

 

1:00 – 5:00 pm 

BREAKOUT ON WORKPLACE SAFETY, PROGRAM ONE 

Crystal Ballroom A Convention Level

 

1:00 – 5:00 pm 

Forklift Operator Training: A Guide for Employers and Trainers for the Training and Evaluation of Powered Industrial Truck (P.I.T.) Operators, Title 29, C.F.R. 1910.178(1)

 

Douglas Conley

Regional Safety Trainer

Florida Lift Systems

Vero Beach, FL

 

This four (4) hour seminar is a highly condensed version of the Florida Lift Systems, Inc. Train the Trainer Program, and is designed to provide Safety and Training personnel with the basic administrative information required for the training and evaluations of PIT Operators by qualified training personnel. Display in Safety Exhibit Hall located in the Cypress Ballroom.

 

____________________________________________________

 

1:00 – 5:00 pm 

BREAKOUT ON WORKPLACE SAFETY, PROGRAM TWO 

Crystal Ballroom B Convention Level

 

1:00 – 3:00 pm 

Construction Confined Space

 

Gary Lopez, CSP

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 the proposed OSHA standard for confined spaces in construction.

 

3:00 – 3:15 pm 

Break

 

3:15 – 5:00 pm 

Supercharged Training - Dare To Be Different

 

W. Ben Hart, Manager

Florida Mine Safety Training Program

Tallahassee, FL

 

If you’re a trainer, or want to be a trainer, or just enjoy a good time, you won’t want to miss this presentation. The presenter will share training techniques learned and refined over the last 38 years as an educator and trainer. See how "Edu-tainment" can energize your training sessions and enhance material retention. Learn how to put your trainees in the right mental position to absorb even the most technical information.

 

____________________________________________________

 

1:00 – 5:00 pm 

BREAKOUT ON WORKPLACE SAFETY, PROGRAM THREE 

Crystal Ballrooms C & D Convention Level

 

1:00 – 3:00 pm 

Workplace Aggression: Taking a Proactive Approach

 

Scott Johnson

Director of Risk and Safety

A-1 Contract Staffing, Inc.

Tampa, FL

 

Ninety-six percent of workplace aggression incidents range from verbal threats to fistfights. The remaining 4% include shootings, knifings and sexual assaults. In 2004, 16 million U.S. workers reported they were harassed in the office. In this class Scott Johnson takes participants through a program to review the essential aspects of how to think and how to act when faced with difficult, aggressive, angry and/or potentially dangerous employees/customers. Participants will learn tools and techniques to assess the risk to their personal safety posed by aggressive or violent behaviors, to de-escalate situations and know what to do if and when a situation becomes threatening.

 

3:00 – 3:15 pm 

Break

 

3:15 – 5:00 pm 

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 conducted within the Safety Exhibit Hall located in the Cypress Ballroom.

 

_________________________________________

 

7:00 – 11:00 pm 

Reception and Entertainment

Palms Ballroom, Convention Level

 

Featured Entertainment:

The Bangles

 

Opening Act:

Blue Stone Circle

 

Casual attire.  Beverages & heavy hors d'oeuvres. Adults only, please. Refer to "General Information" section of program for additional details.

 

_________________________________________

 

 

 

Tuesday, August 19

 

7:00 – 12:00 am 

Shuttle Bus between The Orlando World Center Marriott, The Caribe Royale, and the overflow parking site (Boarding Convention Entrance Orlando World Center Marriott & the Main Reception Building [the building in the forefront] of the Caribe Royale). Refer to shuttle map & schedule.

 

8:00 – 5:00 pm 

Registration & Information

Palms Foyer, Convention Level

 

9:00 – 5:00 pm 

Exhibit Hall Open

Cypress Ballroom, Convention Level

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

 

4:45 pm 

Grand Prize Drawing Inside Exhibit Hall

 

 

Breakout for Adjusters

Program One

 

8:45 – 5:00 pm 

Palms Ballrooms, Convention Level

 

8:45 – 9:45 am 

Live Arthroscopic Surgery

Palms Ballrooms - Sago & Sabal

(Combined presentation for Breakout for Adjusters, Programs One and Two)

 

Moderator:

Bryan L. Reuss, MD

Orlando Orthopaedic Center

Orlando, FL

 

Surgery Performed by:

Randy S. Schwartzberg, MD

Orlando Orthopaedic Center

Orlando, FL

 

Ever wonder what takes place during surgery? Be part of the action! You can feel the excitement as surgery is performed through a live video feed to the Worker’s Compensation Educational Conference. It’s education at the highest level — an event unlike any before!

 

Dr. Randy Schwartzberg, an orthopaedic surgeon with the highly renowned and respected Orlando Orthopaedic Center, will perform the arthroscopic rotator cuff surgery from a state of the art operating room at Orlando Regional Medical Center (ORMC). Dr. Bryan Reuss, also with Orlando Orthopaedic Center, will be on stage moderating from the Marriott World Center. The technology will allow participants to ask questions directly to Dr. Schwartzberg.

 

Dr. Randy Schwartzberg is the Director of Sports Medicine Education for the ORHS orthopaedic surgery residency program and is a leading sports medicine orthopaedic surgeon in central Florida. He is involved in cutting edge research and teaches advanced knee and shoulder arthroscopic skills to orthopaedic surgeons throughout the southeastern United States. Dr. Schwartzberg is highly involved in the local sports medicine community and is the team physician for numerous local high schools, Seminole Community College, the Central Florida Strikers soccer team and Cirque du Soleil, La Nouba.

 

Although this presentation takes place as part of the Adjusters’ Programs, everyone is invited to attend.

 

9:45 – 10:00 am 

Break

 

10:00 – 11:00 am 

60 Tips in 60 Minutes: Successfully Closing Cases

Palms Ballroom - Canary

 

Moderator:

Raymond A. Lopez, Attorney

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

Orlando, FL

 

Panel:

Ronald P. Greninger, Attorney

Dean, Ringers, Morgan & Lawton, P.A.

Orlando, FL

 

Suzanne M. Twigg

Workers’ Compensation Claims Examiner

Oasis Outsourcing

Sarasota, FL

 

Lisa Wagner

Claims Manager

Unisource Administrators, Inc.

Sarasota, FL

 

Stefan V. Bunecky, Attorney

Ingram & Bunecky

Sarasota, FL

 

Pam Last

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 

Construction Issues

Palms Ballroom - Canary

 

Moderator:

Mary McDaniel

Director of Workers’ Compensation

Oasis Advantage

Sarasota, FL

 

Panel:

Linda A. Ravitz

Senior Claims Consultant

Liberty Mutual Group

Tampa, FL

 

Robert J. Rodriguez, Attorney

Miller, Kagan, Rodriguez & Silver, P.A.

Miami, FL

 

This roundtable discussion will cover a wide variety of current hot topics specific to construction risk management including coverage issues, subcontractors, independent contractors and how PEO’s fit into the handling of claims. We will discuss the aging work force in construction and how this effects construction loss exposures. There will be attorneys on the panel to discuss legal issues such as the construction industry statutes, new case law regarding exclusions and how to handle claims made by undocumented workers.

 

12:00 – 1:00 pm 

Lunch (on your own)

 

1:00 – 2:45 pm 

Oral Argument

Palms Ballrooms - Sago & Sabal

(Combined presentation for Breakout 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 Philip J. Padovano

First District Court of Appeal

Tallahassee, FL

 

Honorable Bradford L. Thomas

First District Court of Appeal

Tallahassee, FL

 

Honorable James R. Wolf

First District Court of Appeal

Tallahassee, FL

 

Honorable Joseph Lewis

First District Court of Appeal

Tallahassee, FL

 

Honorable Paul Hawkes

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

 

2:45 – 3:00 pm 

Break

 

3:00 – 4:00 pm 

Litigation Management

Palms Ballroom - Canary

 

Moderator:

Sean S. O’Connor, Attorney

McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A.

Gainesville, FL

 

Panel:

Crystal Chancey

Supervisor

Publix Supermarkets

Lakeland, FL

 

Lissette Erazo

Supervisor

Travelers

Orlando, FL

 

Kim Sperling

Supervisor

Sedgwick CMS

Maitland, FL

 

In today’s litigation environment, there are substantial challenges in the day to day direction of file management. Our panel covers the various aspects of monitoring your claims from the perspectives of the employer, third party administrator, insurance company, and defense attorney. How do you control your costs, yet handle the defense of a claim as effectively as possible? Who should be involved in the decision making process, from a short-term and long-term standpoint? The panel will help you address these matters and more.

 

4:00 – 5:00 pm 

Everyday Ethical Dilemmas In Workers’ Compensation

Palms Ballroom - Canary

 

Moderator:

Karen McCarthy-Hawn, CWC, CWCL

Corporate Claims Examiner and Compliance Specialist

FCCI Insurance Services

Sarasota, FL

 

Panel:

The Honorable Thomas G. Portuallo

Judge of Compensation Claims

Daytona Beach, FL

 

Gerald F. Znosko, Attorney

Znosko and Reas, P.A.

Maitland, FL

 

This panel will explore the everyday ethical dilemmas that adjusters, attorneys, and employers face while handling workers’ compensation claims. Using mock case scenarios, the panel will review the requirements of Rule 69B-220.201, Florida Administrative Code (FAC), and discuss the intuitive skills needed to recognize an ethical problem, the critical research that should be done to resolve ethical issues and how to avoid licensing violations and unnecessary legal costs. The panel will try to help you to know when you are doing the right thing!

 

 

Breakout for Adjusters

Program Two

 

8:45 – 5:00 pm 

Palms Ballrooms, Convention Level

 

8:45 – 9:45 am 

Live Arthroscopic Surgery

Palms Ballrooms - Sago & Sabal

(Combined presentation for Breakout for Adjusters, Programs One and Two)

 

Moderator:

Bryan L. Reuss, MD

Orlando Orthopaedic Center

Orlando, FL

 

Surgery Performed by:

Randy S. Schwartzberg, MD

Orlando Orthopaedic Center

Orlando, FL

 

Ever wonder what takes place during surgery? Be part of the action! You can feel the excitement as surgery is performed through a live video feed to the Worker’s Compensation Educational Conference. It’s education at the highest level — an event unlike any before!

 

Dr. Randy Schwartzberg, an orthopaedic surgeon with the highly renowned and respected Orlando Orthopaedic Center, will perform the arthroscopic rotator cuff surgery from a state of the art operating room at Orlando Regional Medical Center (ORMC). Dr. Bryan Reuss, also with Orlando Orthopaedic Center, will be on stage moderating from the Marriott World Center. The technology will allow participants to ask questions directly to Dr. Schwartzberg.

 

Dr. Randy Schwartzberg is the Director of Sports Medicine Education for the ORHS orthopaedic surgery residency program and is a leading sports medicine orthopaedic surgeon in central Florida. He is involved in cutting edge research and teaches advanced knee and shoulder arthroscopic skills to orthopaedic surgeons throughout the southeastern United States. Dr. Schwartzberg is highly involved in the local sports medicine community and is the team physician for numerous local high schools, Seminole Community College, the Central Florida Strikers soccer team and Cirque du Soleil, La Nouba.

 

Although this presentation takes place as part of the Adjusters’ Programs, everyone is invited to attend.

 

9:45 – 10:00 am 

Break

 

10:00 – 12:00 pm 

Issues and Answers: Hot Topics

Palms Ballroom - Royal

 

Moderator:

Jeff Taylor

President

MSA Annuity

Sarasota, FL

 

Panel :

Alex O. Rodriguez

Workers’ Compensation Level II Lost Time Team Leader

The Hartford Insurance Group

Lake Mary, FL

 

Robert F. Woten, CWC

Claims Supervisor

Sedgwick Claims Management Services, Inc.

Lake Mary, FL

 

Nancy G. Kornbluh

Technical Specialist

St. Paul Travelers

Orlando, FL

 

Scott H. Silver, Attorney

Miller, Kagan, Rodriguez & Silver, P.A.

Fort Lauderdale, FL

 

Sabrina T. Mitchell, CWC, CWCL

Claims Manager

Southern Region

The PMA Insurance Group

Tampa, FL

 

Honorable David W. Langham

Deputy Chief Judge of Compensation Claims

Office of the Judges of Compensation Claims

Division of Administrative Hearings

Tallahassee, 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. Some of the topics discussed will be adjuster depositions, attorneys’ fees, summary proceedings and first responders, among other topics. At approximately 11:00 a.m., the Hot Topics panel will be interrupted for about 15 minutes with a presentation from the Honorable David Langham, Deputy Chief Judge of Compensation Claims, who will update the audience on the requirements of electronic litigation filing.

 

12:00 – 1:00 pm 

Lunch (on your own)

 

1:00 – 2:45 pm 

Oral Argument

Palms Ballrooms - Sago & Sabal

(Combined presentation for Breakout 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 Philip J. Padovano

First District Court of Appeal

Tallahassee, FL

 

Honorable Bradford L. Thomas

First District Court of Appeal

Tallahassee, FL

 

Honorable James R. Wolf

First District Court of Appeal

Tallahassee, FL

 

Honorable Joseph Lewis

First District Court of Appeal

Tallahassee, FL

 

Honorable Paul Hawkes

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

 

2:45 – 3:00 pm 

Break

 

3:00 – 4:00 pm 

Medicare Set-Asides: Reasonable or not?

Palms Ballroom - Royal

 

Moderator:

Teresa V. Elkins, CRM, MBA, MS

Operations Manager III

Assistant Vice-President

Sedgwick Claims Management Services, Inc.

Lake Mary, FL

 

Panel:

Rafael Gonzalez, Attorney

FCCI Insurance Group

Sarasota, FL

 

John M. Williams

Chief Executive Officer

Gould and Lamb

Bradenton, FL

 

Martin J. Petro, RN, BSN, MSCC, MBA

Director of Operations

Speedy Medicare Set-Aside

Delray Beach, FL

 

With the increasing necessity for MSA’s to settle high dollar claims, how can a claims’ examiner evaluate whether a reasonable MSA has been provided? Settlements are being affected and lost due to increasing future medical and pharmacy cost estimates. Examiners find themselves questioning the MSA vendors on how their values were developed and how medical cost containment can be applied. This presentation will assist the examiner in appropriately evaluating the components of a reasonable MSA that is CMS acceptable.

 

4:00 – 5:00 pm 

Analyzing Financial Exposure

Palms Ballroom - Royal

 

Moderator:

Mark Siciliano

Customer Service Manager

Liberty Mutual

Tampa, FL

 

Panel:

Jana Cauley

Unit Leader

Summit Consulting, Inc.

Lakeland, FL

 

Michele Adams

Manager

Walt Disney World Company

Workers’ Compensation Department

Orlando, FL

 

How do you define exposure and its relevance in the mediation process? Are claim exposures (reserves) an exact science? Why are the answers to these questions important? This program is designed to assist you, as adjusters and claims’ professionals, in identifying fact patterns and trends when analyzing the anticipated risk and cost of a workers’ compensation claim. Explore the critical elements of claim financials and how they reflect your expertise and intuition. Analysis of any claim is not always about the numbers.

 

 

Breakout for Attorneys

 

8:15 – 9:00 am 

Alumni Breakfasts

Florida State University, College of Law

Crystal Ballroom P, Convention Level

University of Miami, College of Law

Crystal Ballroom Q, Convention Level

 

9:45 – 4:15 pm 

Crystal Ballroom M Convention Level

 

Program Moderator:

Rafael Gonzalez, Attorney

FCCI Insurance Group

Sarasota, FL

 

9:45 – 10:45 am 

Strategy Session: Hot Topics

 

Moderator:

Stuart F. Suskin, Attorney State Mediator

Gainesville, FL

 

Panel:

Brian P. Carter, Attorney

McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A.

Pensacola, FL

 

Dawn R.Traverso, Attorney

Eracilides, Johns, Hall, Gelman

Aventura, FL

 

Michael D. Rudolph, Attorney

Harris, Guidi, , Rosner, Mordecai

Jacksonville, FL

 

Glen 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 rule, settlements and enforcement of orders, major contributing cause, fraud, medical benefits, permanent total disability, and attorney’s fees. Of course, these topics are subject to change pending new and important decisions from the courts.

 

10:45 – 11:45 am 

Constitutional Challenge of Section 440.34, Florida Statutes, as Amended in 2003

 

Moderator:

Rafael Gonzalez, Attorney

FCCI Insurance Group

Sarasota, FL

 

Panel:

Brian O. Sutter, Attorney

Wilkins, Frohlich, Jones, Hevia, Russell & Sutter, PA

Port Charlotte, FL

 

William "Bill" J. McCabe, Attorney

Shepherd, McCabe & Cooley, P.A.

Longwood, FL

 

John R. Darin, II, Attorney

Znosko & Reas, P.A.

Longwood, FL

 

Rayford H. Taylor, Attorney

Stiles, Taylor & Grace, P.A.

Atlanta, GA

 

The Florida Supreme Court accepted jurisdiction of the Emma Murray case challenging the constitutionality of Section 440.34, Florida Statutes, as amended in 2003 and oral arguments have taken place. (As of the printing of this program, a final order from the Court has not been entered.) This panel, made up of the attorneys handling the appellate issues for their respective clients and amicus permitted by the Court, will discuss in great detail the specifics of their positions and arguments before the Florida Supreme Court, as well as potential and ongoing constitutional challenges of other sections of Chapter 440, Florida Statutes.

 

11:45 – 12:15 pm 

Perspectives of the Office of the Judges of Compensation Claims

 

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 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 M. Scheiner, Mediator

West Palm Beach, FL

 

Panel:

Diana I. Castrillon, Attorney

Rosen & Rosen, P.A.

Hollywood, FL

 

Michael T. Reese, Attorney

Morgan & Morgan, P.A.

Ft. Myers, FL

 

Donald S. Bennett, Attorney

Fowler, White, Boggs, Banker, P.A.

Tampa, FL

 

Jeffrey J. Branham, Attorney

Dean, Ringers, Morton & Lawton, P.A.

Orlando, FL

 

This very knowledgeable and experienced panel will discuss the challenges of the workers’ compensation law, 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 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 – 12:00 pm 

Grand Ballrooms 1, 2 & 3, Convention Level

 

Program Moderator:

Nina Holman

Legal Assistant

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

Orlando, FL

 

9:00 – 10:00 am 

Mock Trial Demonstration

 

Panel:

Honorable Thomas W. Sculco

Judge of Compensation Claims

Orlando, FL

 

Heather McLeod, Attorney

Law Offices of Linda S. Bittner

Maitland, FL

 

Scott P. Williams, Attorney

Law Office of Scott P. Williams, P.A.

Orlando, FL

 

Ever wonder what goes on after we prepare our attorney for trial. This is the end result of the paralegal or legal assistant’s hard work. It is a lot easier to prepare when you know exactly what goes on during a trial. In this informative and entertaining presentation, you will see how a case is tried after you have "prepped it" for your attorney.

 

10:00 – 10:50 am 

E-Filing

 

Honorable David W. Langham

Deputy Chief Judge of Compensation Claims

Office of the Judges of Compensation Claims

Division of Administrative Hearings

Tallahassee, FL

 

Save a tree – e-file. It is what everyone is doing now. Put your firm on the list for Top E-Filers. Judge Langham will provide the latest information you need to know about e-filing with DOAH. If you are not familiar with the process, now is the time to have all your questions answered. If you are a regular e-filer, keep up with the latest news in e-filing.

 

10:50 – 11:00 am 

Break

 

11:00 – 12:00 pm 

Effective Time Management

 

Nyda Bittmann-Neville

CEO

TNB Consulting Group, Inc.

Orlando, FL

 

Ready to pull your hair out every day or at least a few times a week? Phone calls, documents and pleadings to prepare, "to do’s", billing, file preparation, multi-tasking, and then, the interruptions. These are just a few of the many things we do on a daily basis. Learn techniques and strategies to help you become more organized and manage your day. Participants will find out how to manage time, deal with crisis situations, find your most efficient time of the day, and discover the top ten time wasters and what to do about them.

 

 

Division of Workers’ Compensation

Bi-Annual Re-Certification Course

for Rehabilitation

and Healthcare Providers

 

1:00 – 5:00 pm 

Grand Ballrooms 1, 2 & 3, Convention Level

 

Workers’ Compensation Reemployment Services (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 (FAC).

 

Chiropractic Breakout

Presented by the Florida Chiropractic Association

 

10:00 – 12:00 pm 

Crystal Ballroom F, Convention Level

 

Program Moderator

Mollie A. Frawley, RN, HCQM, CMM

FCA Insurance Liaison

Tallahassee, FL

 

10:00 – 10:30 am 

How Does Chiropractic Work, Scientifically?

Explaining the anatomy, physiology and principles of chiropractic

 

John M. Mayer, DC, PhD

University of South Florida

Tampa, FL

 

10:30 – 11:00 am 

Backs and Shoulders and Knees, Oh My!

Defining what and when injuries are appropriate for chiropractic

 

Debra L. Hoffman, DC

Hoffman Chiropractic Centre

President, Florida Chiropractic Association

Tampa, FL

 

11:00 – 11:30 am 

Adjustments, And So Much More!

Revealing the techniques, therapies, and modalities used by chiropractors

 

Bruce A. Hansbrough, DC, DACBOH

Harmony Healing Arts Center

Workers’ Compensation Research Institute, Advisory Panelist

Stuart, FL

 

11:30 – 12:00 pm 

You Know You’re in Trouble, When . . .

Exploring reasonable expectations and options in assessing medical necessity

 

Ronald J. Wellikoff, DC

Vice – Chairman, Florida Board of Chiropractic

Sunrise, FL

 

What exactly is it that chiropractors do? What are the indications, contra-indications, utilization red flags, and common plans of care for the different therapies and modalities inherent in the chiropractic care of injuries to workers? What can be done about never-ending care? Learn what you can reasonably expect with chiropractic care and what to do when you have questions. Listen to the leaders in the profession explore and explain the answers to these questions and the ones you bring with you. Take advantage of this opportunity to see chiropractic care presented in a basic, understandable manner so that you can appropriately use it to reduce risks and continued losses.

 

 

Breakout for Pain Management

Presented by Florida Academy of Pain Medicine

 

1:00 – 3:00 pm 

Crystal Ballroom F, Convention Level

 

1:00 – 1:15 pm 

Introduction and Overview

 

Sanford M. Silverman, MD

CEO, Comprehensive Pain Medicine

Pompano Beach, FL

 

1:15 – 1:45 pm 

Fraud, Abuse, and Misuse in Pain Management in Workers’ Compensation

 

Lora L. Brown, MD

President, Florida Society of Interventional Pain Physicians

Coastal Pain Management and Rehabilitation

Bradenton, FL

 

1:45 – 2:15 pm 

Medicolegal/Regulatory Aspects of Pain Management: Special Focus on Work Related Issues

 

Charles M. Gruden, MD, FNASS, CIME, FSIPP

The Center for Spine Medicine

Ocala, FL

 

2:15 – 2:40 pm 

Failed Laminectomy Treatment: Re-Operation vs. Spinal Cord Stimulation

 

Harold J. Cordner, MD

Anesthesiology and Pain Management

Sebastian, FL

 

2:40 – 3:00 pm 

Risk Management for Claimants Receiving Controlled Substances For Pain

 

Sanford M. Silverman, MD

CEO, Comprehensive Pain Medicine

Pompano Beach, FL

 

Case studies of publicly reported pain management fraud include insurer, employer, employee, and provider abuse. One of the best ways to avoid provider fraud and abuse is to utilize appropriately trained providers (interventional and non-interventional) who follow clinical guidelines, establish treatment goals, communicate when needed and follow workers’ compensation regulations. Evidence-based pain management’s key goal is functional improvement (including work!). Medications in the workplace involve informed consent, drug testing, and properly selected/balanced opioids that do not sedate or impair at the proper dose. Pain DOES impair. Outcome data and cost analysis for both laminectomy/fusion and spinal cord stimulation (SCS) will be discussed, as well as new applications for SCS. Additionally, the panel will discuss pain and addiction as diseases and differentiate among addiction, dependence, tolerance, and chemical coping. Good prescribing habits for opioids include implementing opioid guidelines, identifying the opioid abuser versus the chronic pain patient, and using specific risk management tools.

 

 

Orthopaedic Breakout

Presented by the Florida Orthopaedic Society

 

3:15 – 5:00 pm 

Crystal Ballroom F, Convention Level

 

Program Moderator:

Fraser Cobbe

Executive Director

Florida Orthopaedic Society

Tampa, FL

 

3:15 – 3:35 pm 

Management of Work Related Hand and Upper Limb Injuries

 

Alejandro Badia, MD

Surgery of the Hand and Upper Extremity

Chief of Hand Surgery, Baptist Hospital of Miami

Co-founder, Da Vinci Learning Center

Miami, FL

 

It is has been said that injuries to the hand can represent nearly 10% of all emergency department visits. This is even more plausible in the workers compensation arena. Because laborers work with their hands, the more devastating traumatic injuries occur to the hand and upper limb region of the body. The appropriate acute management of trauma such as saw lacerations, punch press or roller injuries, crush or burn injuries all require a high level of expertise. The final outcome, and hence impairment rating, will largely be determined by appropriate follow-up by the hand surgeon who should be in close communication with the hand therapist. This lecture on work related hand and upper limb trauma will focus on traumatic injuries in the workplace and also clarify myths regarding so called "repetitive motion" injuries and how they can be treated.

 

3:35 – 3:55 pm 

All-Arthroscopic Rotator Cuff Repair of the Shoulder

 

Albert G. Volk, MD, FAAOS

Orthopaedic Associates of St. Augustine

St. Augustine, FL

 

The evolution of rotator cuff repair, from open to mini-open to arthroscopic, will be discussed as well as the advantages and disadvantages of each procedure. A detailed description and demonstration of arthroscopic rotator cuff repair will be outlined including the latest technology and future development.

 

3:55 – 4:15 pm 

Pitfalls in the Management of Work Related Shoulder Injuries: Routine to Catastrophic

 

Howard D. Routman, MD

Atlantis Orthopaedics

Atlantis, FL

 

This lecture will discuss issues related to impairment and outcomes for shoulder injuries that occur in the workplace including rotator cuff tears, shoulder fractures, and shoulder dislocations. Tips for efficient management of these injuries and ways to avoid a prolonged absence from work and significant impairment ratings will be discussed. Serious injuries that can benefit from sub-specialist referral will be outlined to help improve management techniques for optimal outcomes.

 

4:15 – 4:35 pm 

Partial Knee Replacements and Total Knee Replacements for Traumatic Arthritis - What to Do and Why

 

Douglas Dew, MD

Douglas Dew, MD, PA

Palatka, FL

 

For the treatment of injuries resulting in traumatic arthritis of one or more compartments of the knee, there is now a middle ground between knee arthroscopy for the treatment of the simple meniscus tear with early isolated articular changes and total knee arthroplasty. As hardware and techniques have been more refined, partial knee replacements for traumatic arthritis are becoming more commonplace. The indications and contra-indications for partial knee replacements including unicondylar and bicondylar replacements will be discussed.

 

4:35 – 5:00 pm 

Symptom Magnification and Malingering

 

Bruce Berkowitz, MD

Orthopaedic Center of South Florida, PA

Plantation, FL

 

This talk will define and differentiate the diagnoses of symptom magnification and malingering. It will identify the typical findings a treating physician might encounter taking a history from a patient that would be suggestive of these diagnoses. It will also identify and illustrate the findings during a physical examination, including the Waddell signs, that are suggestive of symptom magnification or malingering.

 

Breakout for Medical Case Managers/Rehabilitation Providers

 

8:50 – 5:00 pm 

Crystal Ballroom G, 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 

The Important Role of Physiatrists in the Treatment of Low Back Pain

 

Dr. Matthew D. Cusumano, DO

Physical Medicine & Rehabilitation

Largo & St. Petersburg, FL

 

As we all know, back pain is one of the most common work related injuries. Sometimes, the best treatment is controversial and often varies by specialty. Physiatrists play a very important role in maximizing a patient’s functionality and ability to return to work. A well known Tampa Bay area physiatrist will discuss treatment protocols for the cost effective management of back injuries.

 

10:00 – 12:00 pm 

The Dilemmas of Chronic Pain and How It Can Become Catastrophic for the Injured Worker and the Payer

 

Renee Steele Rosomoff, RN, BSN, MBA, CRC, CDMS, CRRN, QRP

Programs Director

The Rosomoff Comprehensive Pain Center at Douglas Gardens

Miami, FL

 

Business and industry in the United States loses greater than ninety billion dollars annually to sick time and reduced productivity due to chronic pain. Proper diagnosis and early medical and claims’ management could save the injured employee from years of disability. It can also save the payers billions. If pain, post injury, is unresolved in two to three months, then these cases should be considered as potentially catastrophic. This presentation will outline this precarious process and offer solutions.

 

12:00 – 1:00 pm 

Lunch (on your own)

 

1:00 – 3:00 pm 

The Effective Management and Cost Savings for Payers When Rehabilitation Providers Utilize the Research Proven McKenzie Method in Treating Patients

 

Panel:

Richard C. Hutchins, PT, Cert. MDT

President

Therapy & Sports Center

St. Petersburg, FL

 

Dan O’Donnell, PT, Cert. MDT

Therapy & Sports Center, Inc.

St. Petersburg, FL

 

J. Mark Miller, PT, Dip. MDT

Faculty Member

McKenzie Institute International

Therapy and Sports Center, Inc.

Austin, TX

 

For effective back treatment, the McKenzie Method ® is a comprehensive approach to the spine based on sound principles and fundamentals that, when understood and followed, are very successful. Unique to the McKenzie Method ® is a comprehensive and logical step-by-step process to evaluate the patient’s problem quickly. This mechanical examination can classify most patient conditions by the level of pain or limitation that results from certain movements or positions. A McKenzie assessment can eliminate the need for expensive and/or invasive procedures. This innovative breakout is presented by three physical therapists, one of whom is a McKenzie International faculty member. Each therapist has many years of clinical expertise utilizing McKenzie to cost effectively treat patients with low back pain.

 

3:00 – 5:00 pm 

Obesity/Bariatrics - The New Co-Morbidity, Managing Complex Medical Claims Issues

 

Panel:

Dorothy Jean Adelmeyer

Workers’ Compensation Claims Supervisor

Catastrophic Unit

Summit Consulting, Inc.

Lakeland, FL

 

Kathleen A. Beckett

National Clinical Director Work Strategies

Select Medical Corporation

Lake Buena Vista, FL

 

Susan G. Brown, MSN, RNC, CRRN, CCM

Outpatient Catastrophic/ Bariatric Case Management

Broward Health

Ft. Lauderdale, FL

 

Ina L. Fletcher, ARNP, MSN, CRRN

Acute Rehab Manager for Case Management

Broward Healthcare Services

Ft. Lauderdale, FL

 

Kevin T. Glennon, RN, BSN, CDMS, QRP

Clinical Nurse Educator/Workers’ Compensation

Director of Home Health Care Services

Total Medical Solutions

Longwood, FL

 

Dr. Lisa Gillian Pervin

Clinical Nurse Educator

Rehabilicare

Largo, FL

 

At the end of this presentation, the audience will have a greater understanding of the growing problem of obesity in our society and as co-morbidity, the complications that affect treatment with the increased costs, and home care needs for the bariatric injured worker. Panel members will address issues regarding the availability of bariatric equipment, increased need for several caregivers compared to only one, and the prolonged healing time which ultimately increases length of disability, indemnity benefits and medical costs. Several case studies will be reviewed outlining real life cases and the obstacles to successful rehabilitation and return to work.

 

 

National Trends

In Workers’ Compensation

Presented by the National Underwriter

 

9:00 – 4:15 pm 

Crystal Ballroom J, 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 Chief Actuary

NCCI

Boca Raton, FL

 

Ned Wilson

Director of Planning and Treasury

FCCI Insurance Group

Sarasota, FL

 

George Furlong

Vice President of Client/Partner Relations

Bunch & Associates

Lakeland, FL

 

Tom Cipollone

Director of Risk Management

Darden Restaurants

Orlando, FL

 

This premiere panel of the National Trends program features four perspectives on the state of workers’ compensation business, including a look at the industry’s financial health, new research on exposure growth, a short primer on the threats posed by soaring medical and drug costs (and the results of ongoing efforts to control them), and a leading risk manager providing the buyer’s view of costs and loss control.

 

10:30 – 10:45 am 

Break

 

10:45 – 12:00 pm 

The Search For 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 Excellence in Workers’ Compensation Risk Management Award

 

This session features the three finalists in the second annual "National Underwriter Award For Excellence in Workers’ Compensation Risk Management," sharing the secrets of their success in loss control and safety, back-to-work-programs, insurer and broker relations, gaining senior management support, and making sure everyone is on the same page. See information page for further information on this National award.

 

12:00 – 1:00 pm 

Lunch (on your own)

 

1:00 – 2:30 pm 

Name That Emerging Exposure

 

Jennifer Tomilin

Senior Vice-President

Zurich North America

Schaumburg, IL

 

Robert P. Hartwig

President

Insurance Information Institute

New York, NY

 

Additional risks are popping up every year to challenge employers and workers’ compensation carriers, while defying attempts at loss control. This highly-interactive session is presented in a "game show" format, with prizes awarded to attendees who correctly identify the latest exposures, followed by in-depth explanations of the emerging threats, as well as, how to contain them.

 

2:30 – 2:45 pm 

Break

 

2:45 – 4:15 pm 

Industry Focus: Tackling Workers’ Compensation Challenges In Retail Firms

 

Moderator:

Nancy Brennan

Director of Product Development

Specialty Risk Services

Hartford, CT

 

Panel:

Gary Nesbit

Director of Risk Management

Belk Department Stores

Charlotte, NC

 

Kristy Burch

Workers’ Compensation Supervisor

Darden Restaurants

Orlando, FL

 

Katrina Zitnik

Director of Workers’ Compensation

Costco

Issaquah, WA

 

This is the first of an annual series of panels examining the particular risks and loss control challenges facing specific areas of the economy. We start with a retail focus, looking at firms where consumers congregate, such as department stores and restaurants. Participating risk managers will outline unique exposures in their fields, as well as, how their organizations proactively mitigate against them.

 

 

Employee Leasing: Professional Employer Organization Breakout

 

9:00 – 3:00 pm 

Grand Ballroom 7B, Convention Level

 

Program Moderator

Dino A. Fabrizio

President

Lighthouse-Programs, LLC

Orlando, FL

 

9:00 – 10:45 am 

State of the Market

 

Moderator:

Paul R. Hughes

CEO

Risk Transfer Holdings, Inc.

Orlando, FL

 

Panel:

Daniel A. Cacchione

Vice President and Chief Underwriting Officer

SUA Insurance Company

Chicago, IL

 

Andy Atsaves

Senior Vice President of Artex Cedar Hill

Artex Risk Solutions, Inc.

Scottsdale, AZ

 

JoAnn L. Koster

Executive Vice President, RMG Specialty Risk

AIG

New York, NY

 

Joseph L. Fox

Assistant Vice President

Marketing Director

Swiss Re Commercial Insurance

McMurray, PA

 

Workers’ compensation rates continue to decrease! Good news right? The reality is that most employers are confusing lower premium rates with cost reductions. Join this interactive carrier/general agent "State of the Market" panel to discuss both the challenges and opportunities created by the soft workers’ compensation market.

 

10:45 – 10:55 am 

Break

 

10:55 – 11:45 am 

Mystery Mutual

 

Lynn E. Szymoniak, Attorney

The Szymoniak Firm, P.A.

West Palm, FL

 

Too good to be true? Unusual insurance products may be illegal insurance products. From the convictions of PEO owners who used Regency and Trans-Pacific insurance, to the new combinations of "minimum premium" and industrial accident policies, the field of illegal insurance products and carriers will be reviewed, with an emphasis on identifying pitfalls.

 

11:45 – 1:00 pm 

Lunch (on your own)

 

1:00 – 1:50 pm 

Top 10 Most Abused Workers’ Compensation Codes

 

Moderator:

Torben S. Madson, III, Attorney

Alvarez, Sambol, Winthrop and Madson, P.A.

Orlando, FL

 

Panel:

Pattie Howell, CWC

Director of Workers’ Compensation/Risk Management

Gevity HR

Bradenton, FL

 

Ted Werckman, ARM

Director of Underwriting

Lighthouse-Programs, LLC

Orlando, FL

 

Greg D’Ambrosio, ARM, AU

Director of Risk Management & Operations

Modern Business Associates

St. Petersburg, FL

 

Have you ever had a perfect premium audit? With over 700 NCCI class codes to choose from, not to mention the workers’ compensation codes from non-NCCI states, determining the appropriate classification for clients (and employees) can be confusing. Cut through the clutter of broad based "scopes". Join this interactive panel discussion with risk managers and auditors regarding the top ten most abused NCCI codes. This session will help you identify classification problems today so you do not have any surprises during your workers’ compensation premium audits.

 

1:50 – 2:00 pm 

Break

 

2:00 – 3:00 pm 

Legislative Update – What’s Hot…..What’s Not

 

Panel:

Milan P. Yager

President

National Association of Professional Employer Organizations (NAPEO)

Alexandria, VA

 

Abram Finkelstein

President, StaffLink Outsourcing, Inc.

President, Florida Association of Professional Employer Organizations (FAPEO)

Plantation, FL

 

This PEO Breakout session is proud to have the support of both NAPEO and FAPEO. Milan Yager and Abram Finklestein will be discussing what’s hot and what’s not in the legislative realm of PEOs. Discussion points include MCP and Client Base Policy emergence and both state and national PEO growth trends.

 

 

DRI’s National Workers’ Compensation Review: Staying Ahead of the Curve

 

8:30 – 12:30 pm 

Grand Ballroom 7, Convention Level

 

Program Moderator:

David M. Wilson, Attorney

Wilson & Berryhill, P.C.

Birmingham, AL

 

8:30 – 10:00 am 

Pain Mythbusters: Why Long Term Use of Opoids in Chronic Pain Patients Doesn’t Work, And Why Reasoned Approach to Pain Management Does Work

 

Panel:

Trang H. Nguyen, MD

David C. Randolph, MD, MPH

University of Cincinnati College of Medicine

Milford, OH

 

This wife and husband team of clinicians and researchers are nationally recognized for their expertise in the field of pain management. The doctors will discuss medical science, studies and real life experiences that show that the pain management technique of "take two Oxycontin a day and come back to see me every 3 months for the rest of your life" does not effectively reduce a patient’s pain, or restore any degree of functional ability. More important than simply throwing pills at a patient are addressing the personal and occupational psychosocial factors, and establishing a multi-disciplinary rehabilitation approach in order to reduce disability, and overall cost to the employer.

 

10:00 – 10:10 am 

Break

 

10:10 – 11:00 am 

Violence in the Workplace: When It Is Compensable And When It Is Not

 

Jeffrey C. Napolitano, Attorney

Juge, Napolitano, Guilbeau, Ruli, Frieman & Whiteley

New Orleans, LA

 

Random shootings of employees in the local mall. A crazed man behind the wheel of a car intentionally crashes into a restaurant because he got bad service. A jilted lover shows up at the work place and not only takes out her rejector, but also several other employees. When do random acts of violence result in compensable claims? With assaults, crimes and general aggressiveness becoming more and more common in the workplace, this presentation will help explain when the employer might be required to pay, and when not to pay.

 

11:00 – 12:30 pm 

The Next Bad Thing: What You Need to Know About Workplace Exposures You Don’t Yet Know About

 

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

 

Susan H. Briggs, Attorney

Morris, York & Williams

Charlotte, NC

 

Dust, allergens, mold spores, chemicals….. the list of "bad things" to which workers are exposed in the workplace is endless. So, what’s the next bad thing we can expect to see? Benzene? MRSA infections? Pigeon droppings? This panel will discuss trends and incidences of these problems, and provide insight on differentiating between workplace exposures and exposures to the "bad things" everywhere else people live, play and rest.

 

 

National Institute For Occupational Safety and Health (NIOSH)/Centers for Disease Control & Prevention (CDC)/University of South Florida Breakout

 

9:00 – 12:00 pm 

Grand Ballrooms 12, 13 & 14, Convention Level

 

9:00 – 10:00 am 

Fighting the Biting: Mosquitoes, Ticks, and Outdoor Workers

 

Kathleen MacMahon, DVM, MS Biologist

Centers for Disease Control & Prevention/ National Institute for Occupational Safety and Health

Cincinnati, OH

 

Outdoor workers are exposed to an amazing variety of safety and health hazards. This session will provide an overview of health hazards to outdoor workers with an emphasis and update on diseases spread by mosquitoes and ticks. This session will be of interest to employers, workers, and anyone who spends time outdoors.

 

10:00 – 11:00 am 

Communicating with a Multilingual and Multicultural Workforce

 

Susan Afanuh

Technical Information Specialist

Centers for Disease Control & Prevention/ National Institute for Occupational Safety and Health

Cincinnati, OH

 

Habla Español? No? There are still ways that you can enrich communication and translation of safety messages to improve your safety record.

 

11:00 – 12:00 pm 

MRSA: How to Prevent and Respond to Exposures in Community, Occupational and Healthcare Settings

 

Rene’ R. Salazar, PhD

Certified Industrial Hygienist

Salazar Consulting Group, Inc.

Tampa, FL

 

MRSA has arrived and is presenting a risk of infection to children and adults in schools, workplaces, and hospitals. Learn how to protect your facility and the people in it by using simple prevention techniques, and how to respond if MRSA affects you. A few preventive measures upfront can significantly reduce your risk of exposure.

 

 

Breakout on Workplace Safety

 

8:00 – 10:00 am 

GENERAL INDUSTRY – 10 HOUR COURSE 

(CONTINUATION OF INITIAL SESSION ON MONDAY, AUGUST 18, 2008) 

Grand Ballrooms 9 & 10 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 an approved outreach trainer. Participants must pre-enroll and register at each session. Class size is limited. Other conference participates may attend individual presentations. Refer to page 9 in the "General Information" section for additional details & registration.

 

8:00 – 9:00 am 

Fall Protection

 

Dale Blackburn

Safety Engineer

A-1 Contract Staffing

Tampa, 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.

 

9:00 – 10:00 am 

Hazardous Communication, Subpart Z

 

Abe Agront

Metra Electronics Corporation

Holly Hill, FL

 

Information will be provided relating 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

Grand Ballrooms 9 & 10, Convention Level

 

1:00 – 3:00 pm 

Avoiding Drug Cost Overdose: What is Impacting Pharmacy Costs in Workers’ Compensation

 

Jim Andrews

V.P. Pharmacy Operations

Cypress Care, Inc.

Duluth, GA

 

Harry Shuford, PhD

Chief Economist

NCCI Holdings

Boca Raton, FL

 

With drugs representing more than 14% of total medical costs in workers compensation claims and the largest contributor to workers’ compensation medical inflation, attendees will learn details from the experts about these cost drivers and the latest national trends impacting them. Discussion points include the impact of low fee schedules on access to drugs, why workers compensation is difficult for retail pharmacies, trends in pain management, the impact of macro factors such as Medicare Part D, patent expirations, off label prescribing, and initiatives by large retailers and physician access to electronic data. Attendees will learn what works and what doesn’t, and leave with new strategies to manage their drug spend.

 

3:00 – 3:15 pm 

Break

 

3:15 – 4:15 pm 

Why Don’t People Listen To Me? - The Safety Professional’s Dilemma

 

Tom Stewart

Tom Stewart Consulting, Inc.

Menlo, GA

 

Today’s safety professionals are often perplexed by the fact that few people pay attention to their message - and this includes both management and employees! Why is this? This presentation will focus on why our traditional approach to improving safety performance has been a dismal failure and more important what steps we can take to reverse this enduring trend. We will examine past, present and future thinking on "the keys" to safety performance improvement that will give the attendees "food for thought" as they wrestle with a new direction for improving safety in their organization.

 

____________________________________________________

 

10:15 – 5:00 pm 

BREAKOUT ON WORKPLACE SAFETY, PROGRAM TWO

Grand Ballroom 11, Convention Level

 

10:15 – 11:15 am 

Applying Virtual Reality Safety Training to Decrease Incidents in High-Risk Class Codes

 

Don Quitter, CEO

Commercial Training Solutions, LLC

Orlando, FL

 

This session will provide a hands-on seminar on the use of virtual reality (VR) safety training. Discussion will include comparisons of VR training with other training methods, training methods using VR, and assessing behavior in VR environments. Attendance limitations apply.

 

11:15 – 1:00 pm 

Lunch (on your own)

 

1:00 – 5:00 pm 

Creating an Injury Free Environment

 

David Espy

ESH Manager

Skanska USA Building, Inc.

Tampa, FL

 

This is not a session about policies and procedures and how to follow them. Rather, it is a breakout about how we relate to this very critical subject – safety. Creating an Injury Free Environment is more than just about safety but creating a workplace where people want to be a part of.

 

____________________________________________________

 

1:00 – 5:00 pm 

BREAKOUT ON WORKPLACE SAFETY, PROGRAM THREE

Grand Ballroom 12, Convention Level

 

1:00 – 5:00 pm 

Site Sense – Professional Development for Supervisors

 

Michael St. Lawrence

Travelers

Construction Risk Control

Orlando, FL

 

This session is geared toward any level of supervision. It integrates productivity, efficiency, and safety, and focuses on improving communication in order to reduce errors, lessen job complacency and improve performance.

 

____________________________________________________

 

1:00 – 4:15 pm 

BREAKOUT ON WORKPLACE SAFETY, PROGRAM FOUR

Grand Ballrooms 13 & 14, Convention Level

 

1:00 – 3:00 pm 

Arc Flash (NFPA 70 E)

 

Kevin Best

SE Regional Manager

Cintas Corporation

Protective Apparel Division

Tampa, FL

 

Larry W. Hilgeman

President

The Hilgeman Group, Inc.

Ferdinand, IN

 

Trent E. Payton

Engineering Manager

The Hilgeman Group, Inc.

Ferdinand, IN

 

Do your employees: work on energized parts, including voltage testing? Remove or install CBs or fused switches? Work on control circuits with energized parts greater than 50 volts? Then NFPA 70E guidelines apply to you! NFPA 70E is an industry consensus standard that not only outlines how to properly protect employees, but also helps your company comply with government regulations.

 

3:00 – 3:15 pm 

Break

 

3:15 – 4:15 pm 

Incident Scene Photography

 

Scott Johnson

Director of Risk and Safety

A-1 Contract Staffing, Inc.

Tampa, FL

 

This introductory workshop on Incident Scene Photography is designed to give students an immediate working knowledge of what incident scene investigations involve. This session will cover the basics of incident scene photography with a focus on theory as well as technique. Examples are given throughout the lecture and students are shown data and reference material to use in their own environments.

 

____________________________________________________

 

10:00 – 5:00 pm 

BREAKOUT ON WORKPLACE SAFETY, PROGRAM FIVE

Crystal Ballrooms A, B & C, Convention Level

 

10:00 – 11:00 am 

OSHA Update: New and Proposed Standards

 

Margaret Baumann

Regional Loss Control Manager

Crum & Forster Insurance Company

Lake Mary, FL

 

Claude Revels

JM Family Enterprises, Inc.

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 standards for Confined Space and Hearing Conservation Programs for Construction Workers? How do the new employer payment of Personal Protective Equipment and electrical standards apply to you? The presentation will bring you up to date on OSHA’s regulatory agenda.

 

11:00 – 12:00 pm 

Experience Mod Calculations

 

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.

 

12:00 – 1:00 pm 

Lunch (on your own)

 

1:00 – 3:00 pm 

Early Intervention Program – Early Return To Work

 

Isabel Lehrman, RN, BSN, TNS, PHN, LNC, CCM, CDMS, QRP

President

Avante Healtcare Services, Inc. - WORK TRACK

Miami, FL

 

The goal of this 2 hour workshop is to provide the employer, risk manager and self insured the necessary tools for the implementation of an early return to work program.

 

3:00 – 3:15 pm 

Break

 

3:15 – 5:00 pm 

Multi-Cultural Workforce: Issues, Challenges & Opportunities

 

Margaret Baumann

Regional Loss Control Manager

Crum & Forster Insurance Company

Lake Mary, FL

 

Henry Losada

Losada Consulting Group, Inc.

Oviedo, FL

 

Lois Scott

Director, Workforce Services Division

Agency for Workforce Innovation

Tallahassee, FL

 

A multicultural work force is one wherein a company’s employees include members of a variety of ethnic, racial, religious, and gender backgrounds. Whereas past eras in American business saw few examples of multiculturalism, most of today’s business owners and corporate executives recognize that attention to the challenges and opportunities associated with the growing trend toward culturally diverse work forces can be a key factor in overall business success. Some of the topics to be discussed include hiring, screening, training/printed training material, regulatory programs, translation/communication, claim handling, medical treatment, return to work, carrier provided benefits and additional workplace scenarios.

 

 

Selected Topics in

Management Techniques

Presented by Workers’ Compensation Claims

Professionals (WCCP)

 

10:00 – 12:00 pm 

Grand Ballrooms 4, 5 & 6, Convention Level

 

Engaging the Trust: Lessons in Dynamic Leadership

 

Michael Staver

CEO

The Staver Group

Jacksonville, FL

 

The old school of leadership is closed. It is important that leaders understand the dynamics of a changing world and the effects those changes have on the organization. No longer can leadership be based on a style. It must now be based on the needs of those we lead and those we impact. Dynamic leaders understand how to get maximum performance from their team or group, and understand how to make work interesting and fun. Dynamic leaders know how to influence others through motivation, not through force or threat. In this session, you will learn the difference between management and leadership, how effective leaders, and those they lead, build commitment from above and from within, and what great leaders can do to manage the conflicts that inevitably arise. This 2 hour workshop is specifically designed to enhance the skill sets of those who lead themselves and others in service to the insurance claims, medical and/or safety industries.

 

 

Breakout On Using Health Science to Resolve Workers’ Compensation Claims: Why Evidence Based Medicine is Important

 

10:00 – 4:00 pm 

Grand Ballroom 8, Convention Level

 

In keeping with our philosophy of presenting attendees with cutting edge educational opportunities, this breakout is the first of its kind at this conference! It is an entire program on the workers’ compensation uses of evidence based medicine, not presented for physicians, but rather for adjusters, lawyers, and other stakeholders in the workers’ compensation system. We start with two "nuts and bolts" panels with adjusters and attorneys informing you how to make the law and medicine work for you, so that workers’ compensation is paid for what is actually objectively caused by the workplace as opposed to what the injured worker brings to the workplace. But that’s not all! In the final three hours, we have assembled some of the brightest and most analytical physicians in the country to inform you on what using evidence based medicine means in calculating costs to the workers’ compensation system.

 

Welcome and Introductions:

Steven A. Rissman, Attorney

Program Chairman

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

Orlando, FL

 

Program Moderator:

Robert J. Barth, PhD

Barth NeuroScience, PC

Chattanooga, TN and Birmingham, AL

 

10:00 – 11:00 am 

Evidence Based Medicine: Daubert and Beyond

 

Panel:

Robert A. Donahue, Attorney

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

Ft. Pierce, FL

 

William E. Pipkin, Attorney

Austill & Lewis, PC.

Birmingham, AL

 

R. Stephen Coonrod, Attorney

McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A.

Tallahassee, FL

 

Some states have adopted Daubert and some have not. Even the non-Daubert states have some objective medical standards written into their workers’ compensation statute. Learn how to make sure you are getting solely objective evidence from the treating and examining doctors and learn how to challenge it when it is not.

 

11:00 – 12:00 pm 

What Everyone Should Know About Evidence Based Medicine

 

Moderator:

John E. McLain, III, Attorney

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

Orlando, FL

 

Panel:

Mardis DeVore

Senior Regional Claims Manager

Claims Management, Inc.

Bentonville, AR

 

Michael Browning

Account Manager

Sedgwick CMS

Lake Mary, FL

 

William "Dale" Sharp

Sharp Consulting

Dallas, TX

 

Jean M. Vanek

Manager

Self Insurance Program

Department of Labor & Industries

Olympia, WA

 

Are you frustrated with medical opinions based mainly on subjectivity? Are there techniques that can be utilized to ensure that physicians base their opinions solely on objectively verifiable tests? This panel, consisting of a large self-insured employer, a TPA, a consultant who has set up programs promoting evidence based medicine and a state regulator under whose jurisdiction evidence based medicine falls, will wow you with their perspectives and advice.

 

12:00 – 1:00 pm 

Lunch (on your own)

 

1:00 – 1:20 pm 

Complex Regional Pain Syndrome (RSD, Causalgia) Claims – Fundamental Lack of Work-Relatedness and Credibility

 

Robert J. Barth, PhD

Barth NeuroScience, PC

Chattanooga TN and Birmingham, AL

 

Dr. Barth has authored several American Medical Association publications which address the concept of complex regional pain syndrome (CRPS). He will provide a brief review of the scientific literature, directing participants to references which highlight the lack of work-relatedness that is inherent to the concept of CRPS, the credibility problems that plague the concept as a whole, and the most important aspects of the diagnostic process.

 

1:20 – 2:00 pm 

Back Problems 2008 – Prevention, Work-Relatedness and Treatment

 

Stanley J. Bigos, MD

Professor Emeritus

University of Washington

Seattle, WA

 

Dr. Bigos is a long-time champion of scientifically credible healthcare, including having chaired the federal government’s low back pain panel. His lecture will emphasize the strong parallel history of both evidence based medicine and the Daubert case with the changes to the Federal Rules of Evidence that has enhanced the quality of what medicine and law consider reliable evidence. Prevention and treatment of back problems will be used as an example of how patients can now benefit from this increased scrutiny of the common basis for medical advice, treatment, and informed consent.

 

2:00 – 2:20 pm 

Is Pain Management A Failure in Workers Compensation?

 

Panel:

Robert J. Barth, PhD

Barth NeuroScience, PC

Chattanooga TN and Birmingham AL

 

Stanley J. Bigos, MD

Professor Emeritus

University of Washington

Seattle, WA

 

Christopher Brigham, MD

Founder & President

Brigham and Associates, Inc.

Kailua HI, San Diego CA and Portland ME

 

James Talmage, MD

Occupational Health Center, LLC

Cookeville, TN

 

Many of the services that fall under the rubric of "pain management" suffer from fundamental misdirection and a lack of scientific credibility. This panel discussion will involve key examples of the problem, so that participants can gain some insight into why such services regularly fail to help injured workers.

 

2:20 – 3:00 pm 

Impairment Evaluations: The Need for a Fair Evaluation

 

Christopher Brigham, MD

Founder & President

Brigham and Associates, Inc.

Kailua HI, San Diego CA and Portland ME

 

Dr. Brigham has worked extensively with the American Medical Association, including having served as the senior contributing editor for the AMA’s Guides to the Evaluation of Permanent Impairment 6th Edition. He will share the lessons he has learned from his experience reviewing thousands of impairment evaluations. Most impairment ratings are erroneously elevated and typically errors are undetected. As a result, the costs of these claims are increased, and injured workers are given an unjustified but subtle message of hopelessness.

 

3:00 – 3:40 pm 

How and Why to Keep Injured Workers at Work and Help Them Return to Work

 

James Talmage, MD

Occupational Health Center, LLC

Cookeville, TN

 

Dr. Talmage is the editor of the American Medical Association’s A Physician’s Guide to Return to Work. He will discuss the medical literature on the health consequences of unemployment, proving that it is in the employee’s best interest to remain at work or return to work. He will discuss ways treating physicians and employers/insurers can improve return to work rates for injured and ill employees.

 

3:40 – 4:00 pm 

Psychiatric Claims – Fundamental Obstacles to Establishing Work-Relatedness

 

Robert J. Barth, PhD

Barth NeuroScience, PC

Chattanooga TN and Birmingham AL

 

This brief presentation will highlight some of the core issues that Dr. Barth was recently asked to address on behalf of the American Medical Association, for its book Guides to the Evaluation of Disease and Injury Causation. Those issues include the perceived lack of mental health care within workers compensation, and the fundamental scientific obstacles to credibly claiming work-relatedness for mental illness.

 

 

Wednesday, August 20

 

7:00 – 4:00 pm 

Shuttle Bus between The Orlando World Center Marriott, The Caribe Royale, and the overflow parking site (Boarding Convention Entrance Orlando World Center Marriott & the Main Reception Building [the building in the forefront] of the Caribe Royale). Refer to shuttle map & schedule.

 

8:00 – 11:00 am 

Registration & Information

Palms Foyer, Convention Level

 

8:00 – 9:00 am 

Breakfast in the Exhibit Hall

 

8:00 – 10:30 am 

Exhibit Hall Open

Cypress Ballroom, Convention Level

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

 

10:15 am 

Grand Prize Drawing Inside Exhibit Hall

 

 

Florida Division of Workers’ Compensation Breakout

 

8:00 – 9:00 am 

Breakfast in the Exhibit Hall

Cypress Ballroom, Convention Level

 

9:00 – 12:30 pm 

Crystal Ballroom J, Convention Level

 

Introductions:

Andrew Sabolic

Assistant Director

Division of Workers’ Compensation

Department of Financial Services

Tallahassee, FL

 

9:00 – 9:30 am 

Division of Workers’ Compensation Regulatory Update

 

Andrew Sabolic

Assistant Director

Division of Workers’ Compensation

Department of Financial Services

Tallahassee, FL

 

Andrew Sabolic will review the most significant regulatory changes and accomplishments that have occurred in the last year, as well as provide an overview of key initiatives and projects that are being undertaken by the Division.

 

9:30 – 10:00 am 

Monitoring & Audit Update

 

Robin Ippolito

Bureau Chief of Monitoring and Audit

Division of Workers’ Compensation

Department of Financial Services

Tallahassee, FL

 

Robin Ippolito will provide insight into claims’ pattern and practice violations of Section 440.525 Florida Statutes. She will also highlight the Division’s current focus on insurer audits and review industry timely payment and filing performances since the inception of the Centralized Performance System (CPS).

 

10:00 – 10:15 am 

Break

 

10:15 – 11:30 am 

Update on: the Reimbursement Dispute Rule 59A-31, Florida Administrative Code (FAC); the most recent revisions to the Health Care Provider, Ambulatory Surgery Centers (ASC) and Hospital Reimbursement Manuals; and current status of the Carrier Report of Health Care Provider Violations and Initiation of Investigations Rule 59A-34, Florida Administrative Code (FAC)

 

Anna L. Olsen

Program Administrator

Agency for Health Care Administration

Tallahassee, FL

 

Anna Ohlson will provide an overview of provider and carrier responsibilities under the Reimbursement Dispute Rule 59A-31, FAC and the inter-related requirements according to the Medical Billing Rule 69L-7.602, FAC. Ms. Ohlson will also discuss the most recent reimbursement rules for ASCs, hospitals and practitioners, in addition to sharing information on the development of the new options for carrier reports of provider violations, pursuant to Sections 440.13(8) and 440.13(11), Florida Statutes.

 

11:30 – 12:30 pm 

Claims EDI Mandate

 

Linda Yon

Systems Project Administrator

Division of Workers’ Compensation

Department of Financial Services

Tallahassee, FL

 

The Division’s Rule 69L-56, Florida Administrative Code (FAC), effective January 7, 2007, requires that the electronic submission of forms DWC-1, 12 and 13 to the Division, be completed by July 31, 2008, with the electronic submission of DWC-4’s to be completed by July 31, 2009. All claim administrators who handle Florida claims are affected by this rule. Linda Yon will provide a summary of the success of the Claims EDI Primary Implementation, including data quality and lessons learned. Additionally, Ms. Yon will provide an overview of the claim administrator’s responsibility to access and respond to certain errors in the EDI Data Warehouse, as well as, any activity regarding Rule 69L-56, FAC.

 

 

Florida Bureau of Rehabilitation Breakout

 

8:00 – 9:00 am 

Breakfast in the Exhibit Hall

Cypress Ballroom, Convention Level

 

9:00 – 11:00 am 

Grand Ballrooms 12 - 14, 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 responsibilities and requirements in workers’ compensation rehabilitation and reemployment services under section 440.491, Florida Statutes. The Bureau of Rehabilitation and Reemployment Services (BRRS) staff will discuss its roles in auditing the performance of insurance carriers and servicing agents and will discuss insurance carrier requirements for reporting voluntary service activity such as medical care coordination, reemployment services and reemployment assessments using Form DWC-21 and reemployment status reviews using Form DWC-22. BRRS 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.

 

 

Breakout on Medical Issues

(Adjusters and Nurse Case Managers)

 

8:00 – 9:00 am 

Breakfast in the Exhibit Hall

Cypress Ballroom, Convention Level

 

9:00 – 12:15 pm 

Crystal Ballroom G, Convention Level

 

Program Moderator:

Nat Levine

Practice Manager

CardioPulmonary Associates

Plantation, FL

 

9:00 – 10:00 am 

It’s Just Business - It’s Not Personal Psychology 101 for Adjusters

 

Moderator:

Nat Levine

Practice Manager

CardioPulmonary Associates

Plantation, FL

 

Speaker:

Valerie Maasten Hoese, PhD

Clinical and Neuropsychologist

Orlando Regional Healthcare

Lucerne Hospital Outpatient Brain Injury Rehab. Ctr.

Orlando, FL

 

As presented last year, adjusters and case managers deal with aggression every day from angry injured workers and their family members. What about adjusters and case managers themselves? How do you prevent being angry? What is a de-escalation strategy? How do you channel away all of the negative thoughts? Learn about "Guided Imagery" and "Progressive Muscle Relaxation." Don’t miss this one!

 

10:00 – 10:15 am 

Break

 

10:15 – 11:15 am 

Hey! Get Off My Back!

The Anatomy of the Spine and Injury Prevention

 

Moderator:

Nat Levine

Practice Manager

CardioPulmonary Associates

Plantation, FL

 

Speaker:

Jeffrey B. Cantor, MD

South Florida Spine Center

Ft. Lauderdale, FL

 

Intra-op photos, post-op photos and video clips are used in this lecture on the anatomy of the spine. What does an HNP look like? Can you really see the bulge? Are you lifting properly? Sitting properly? Could the employee have caused his own injury?

 

11:15 – 12:15 pm 

Put Your Best Foot Forward

The Complete Anatomy of the Foot and Ankle

 

Moderator:

Nat Levine

Practice Manager

CardioPulmonary Associates

Plantation, FL

 

Speaker:

Rommel Francisco, DO

Atlantis Orthopaedics

Atlantis, FL

 

Since it’s just an ankle sprain, the claimant should be healed in a day, right? WRONG! High ankle sprains can sometimes take weeks to resolve! Ankle injuries, fractures, tendonitis, plantar fascitis, heel spurs, even athletes’ foot can occur on the job. Learn about these and more from the perspective of an orthopaedic surgeon.

 

 

Breakout on Longshore and Harbor Workers’ Compensation Act

 

8:00 – 9:00 am 

Breakfast in the Exhibit Hall

Cypress Ballroom, Convention Level

 

9:00 – 3:00 pm 

Grand Ballroom 8, Convention Level

 

Program Moderator:

Robert L. Bamdas, Attorney

Kelley, Kronenberg, Gilmartin, Fichtel & Wander, P.A.

West Palm Beach, FL

 

9:00 – 10:00 am 

Jurisdiction Revisted

 

Panel:

Alan G. Brackett, Attorney

Mouledouz, Bland, Legrand & Brackett, LLC

New Orleans, LA

 

Robert L. Bamdas, Attorney

Kelley, Kronenberg, Gilmartin, Fichtel & Wander, P.A.

West Palm Beach, FL

 

Charles D. Lee

District Director

U.S. Department of Labor

Jacksonville, FL

 

This panel will take a deeper look at the sometimes blurry line between Longshore jurisdiction, State Workers’ Compensation and the Jones Act. Protocols for investigating and ultimately determining the proper jurisdiction for injuries occurring on or adjacent to navigable waters, on the high seas and even abroad will be explored.

 

10:00 – 11:00 am 

Keeping up with the Defense Base Act

 

Panel:

Richard L. Garelick, Attorney

Flicker & Garelick, PA

New York, NY

 

David C. Barnett, Attorney

Barnett and Lerner, P.A.

Dania Beach, FL

 

Kristina K. Hall

Claims Examiner

U.S. Department of Labor

Jacksonville, FL

 

More and more civilian workers are returning to Florida after being injured abroad during the war on terror. The benefits and recovery limitations for these workers are discussed. The panel will also address a historical and contemporary discussion of the Defense Base Act, its administration and challenges for claims’ adjusters, attorneys, and injured workers.

 

11:00 – 12:00 pm 

Defenses, Presumptions and Burdens of Proof Under the Longshore Act

 

Panel:

Clifford R. Mermell, Attorney

Mermell and Pacheco, P.A.

Miami, FL

 

Mary Nelson Morgan, Attorney

Cole, Stone, Stoudemire & Morgan, P.A.

Jacksonville, FL

 

Charles F. Coffey, III

U.S. Department of Labor

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 or exposure claims and more.

 

12:00 – 1:00 pm 

Lunch (on your own)

 

1:00 – 2:00 pm 

Third Party Recovery and Subrogation Under the Longshore Act

 

Frank J. Sioli, Jr., Attorney

Brown Sims, P.C.

Miami, FL

 

Lloyd N. Frischhertz, Attorney

Frischhertz and Associates, LLC

New Orleans, LA

 

Section 933 of the Longshore Act sets out the rights of the employer, carrier and even the Special Fund to recover sums paid on the injured worker’s behalf in the event he obtains a third party recovery. This panel will discuss the various aspects of this section along with details such as when the employer may bring a third party suit on the injured worker’s behalf, as well as, the ramifications to the injured worker for settlement of a third party claim without obtaining written approval from the employer.

 

2:00 – 3:00 pm 

Case Law Update

 

Panel:

Thomas C. Fitzhugh, III, Attorney

Elliott and Ammerman, P.C.

Houston, TX

 

Christopher P. "Bo" Boyd, Attorney

Taylor, Day, Currie Boyd and Johnson

Jacksonville, FL

 

Hold on for a wild ride through the Federal Circuits, Supreme Court and Benefits Review Board! Join our panel for an insightful analysis and colorful commentary on the hottest and most controversial recent legal decisions impacting the Longshore practice.

 

 

Breakout on Advanced Mediation Techniques for Mediators, Attorneys and Adjusters

 

8:00 – 9:00 am 

Breakfast in the Exhibit Hall

Cypress Ballroom, Convention Level

 

9:00 – 12:00 pm 

Grand Ballroom 11, Convention Level

 

Moderator:

Stuart F. Suskin, Attorney

State Mediator

Gainesville, FL

 

Panel:

Iris B. DiGennaro, Attorney

State Mediator

West Palm Beach, FL

 

Lawrence J. Langer, Attorney

State Mediator,

West Palm Beach, FL

 

Haydee C. Pino, Attorney

Center For Conflict Resolution

Miami, FL

 

Robert L. Dietz, Attorney

Zimmerman, Kiser & Sutcliffe, P.A.

Orlando, FL

 

Christine L. Harter, Attorney

Christine L. Harter, P.A.

Ocala, FL

 

Mediation has become an integral part of any workers’ compensation system. All cases are mediated in some form prior to the final hearing. This program will address tactics and strategies that have been employed by mediators to deal with difficult situations. The format of the program will be a Q & A session, with a roving moderator in the audience, soliciting audience participation. This program is targeted for mediators, attorneys, adjusters and risk managers/employer representatives who are interested in resolution strategies for difficult mediations. The panelists will endeavor to incorporate ethical, cultural diversity and domestic violence considerations in each topic.

 

This 180 minute program is designed to provide 3.6 hours of general mediation education, of which 2 to 3 hours will be allocated to mediator ethics credit. Credit for domestic violence and cultural diversity will be determined and announced at the conclusion of the breakout.

 

 

Breakout on Multi-State Workers’ Compensation Laws

 

8:00 – 9:00 am 

Breakfast in the Exhibit Hall

Cypress Ballroom, Convention Level

 

8:45 – 3:00 pm 

Grand Ballroom 7, Convention Level

 

Program Moderator:

R. Briggs Peery, Attorney

Swift, Currie, McGhee & Hiers

Atlanta, GA

 

You asked for it, and we will deliver a bigger and better Multi-State program in 2008 which will delve into the workers’ compensation laws of the States of the Southeast. Join us to learn about the latest developments and claims strategies in Alabama, Georgia, Tennessee, South Carolina, North Carolina and Mississippi.

 

We will begin with a general session involving regulators from the various states discussing trends affecting carriers and employers across the multiple involved jurisdictions. We will then move into expanded individual state sessions which will provide an overview and analysis of issues and strategies needed to successfully handle claims in these states. Individual state breakouts will include presentations from attorneys who handle claims in those states. The regulators present will also spend some time in those sessions for a personal introduction and to provide attendees with insight into how various issues are handled in those jurisdictions. Topics to be covered in the breakout sessions include forms, undocumented workers, claims strategies, pitfalls for multi-state adjusters, employer involvement, recent changes in case law and legislation. To permit attendees to participate in at least 2 full state presentations, the individual state sessions will be repeated after lunch. The program will conclude with a general session allowing the regulators to address the things they like and don’t like in appearances before them. Copies of the 2008 Multi-State Book of Workers’ Compensation Laws will be provided to all breakout attendees.

 

8:45 – 9:35 am 

Opening General Session: Legal Trends in Southeastern States, Including Comments From the Regulators

 

State Regulators:

Gerald Stringer

Ombudsman

Department of Industrial Relations for

The State of Alabama

Montgomery, AL

 

Kathleen D. Oliver

Deputy Chief Operating Officer

Georgia State Board of

Workers’ Compensation

Atlanta, GA

 

The Honorable David Imahara

Administrative Law Judge

Georgia State Board of Workers’ Compensation

Atlanta, GA

 

Andrea Pope Roche

Chairperson

South Carolina Workers’ Compensation Commission

Columbia, SC

 

Teresa Bullington

Director of Specialists

Tennessee Department of Labor

Nashville, TN

 

Liles Williams

Chairman

Mississippi Workers’ Compensation Commission

Jackson, MS

 

Pamela Thorpe Young

Chair of North Carolina Industrial Commission

Raleigh, NC

 

9:35 – 9:50 am 

Break

 

9:50 – 11:30 am 

Individual State Overviews (Move into individual breakout rooms)

Alabama - Grand Ballroom 1

Georgia - Grand Ballroom 2

South Carolina - Grand Ballroom 3

Tennessee - Grand Ballroom 4

Mississippi - Grand Ballroom 5 

North Carolina - Grand Ballroom 6

 

Individual State Moderators:

Alabama: Kyle L. Kinney, Attorney

Gaines, Wolter & Kinney

Birmingham, AL

 

Georgia: R. Briggs Peery, Attorney

Richard A. Watts, Attorney

Douglas A. Bennett, Attorney

Michael Ryder, Attorney

Cristine K. Huffine, Attorney

Swift, Currie, McGhee & Hiers

Atlanta, GA

 

South Carolina: R. Mark Davis, Attorney

McAngus, Goudelock & Courie, LLC

Charleston, SC

 

Tennessee: David Noblit, Attorney  

Tom Cassidy, Attorney

Leitner, Williams, Dooley & Napolitan, PLLC

Chattanooga, TN

 

Mississippi: James M. Anderson, Attorney

Anderson, Crawley and Burke, PLLC

Jackson, MS

 

North Carolina: Trula R. Mitchell, Attorney

McAngus, Goudelock & Courie, PLLC

Raleigh, NC

 

11:30 – 12:30 pm 

Lunch (on your own)

 

12:30 – 2:20 pm 

Repeat of Individual State Overviews

 

2:20 – 2:30 pm 

Break

 

2:30 – 3:00 pm 

General Session and Panel Discussion with Regulators: These are a Few of My Favorite Things