National Workers' Compensation and Occupational Medicine Seminar
July 25-27, 2000, Sheraton Hyannis Resort, Hyannis, MA
Program Descriptions
By Lawrence P. Postol, Esquire
Washington, DC
Attorney Postol will discuss in practical terms the legal requirements employers face under the Americans With Disabilities Act, Family Medical Leave Act, and workers' compensation laws and how the three laws intersect and can be complied with. He will review what conditions constitute disabilities and what accommodations are and are not required by the ADA. Mr. Postol will outline what conditions are covered by the FMLA and how to handle employees who abuse their leave. Attorney Postol will explain how employers under workers' compensation laws can try to direct the medical care, get the employee back to work as soon as possible, and minimize the employer's liability. Mr. Postol will discuss how to clarify physician's conclusory forms and unclear work restrictions, and how to effectively use independent medical examinations (IMEs). Attorney Postol will offer practical suggestions on how to handle medical issues, ways to obtain medical records, and how to request medical examinations.
Lawrence P. Postol, Esquire, is a partner in the Washington, DC office of Seyfarth, Shaw, Fairweather & Geraldson. He received his BS in Engineering Physics from Cornell University and his JD from Cornell Law School. Attorney Postol has lectured and written extensively on the ADA, ERISA, and other employment law issues. Attorney Postol has defended against claims for race, age, sex, and disability discrimination. Attorney Postol has also handled FLSA, ERISA, and OSHA litigation. Additionally, Attorney Postol has extensive experience in workers' compensation defense, toxic tort litigation, and environmental litigation, including insurance coverage issues. Attorney Postol has successfully argued over two dozen cases in the United States Court of Appeals and two cases before the United States Supreme Court.
Questions and Answers
By Bonnie Rogers, DrPH, COHN-S, FAAN
Chapel Hill, NC
Dr. Rogers will discuss the meaning of work organization with an emphasis on shifts and trends that are impacting occupational health and safety. She will review current information including potential work organization risk factors such as work overload and deskilling of the workforce that can help to explain the escalation of workplace stress and its relationship to occupational illness and injury. Dr. Rogers will provide relevant advice on mediating work organization risk within the context of a healthy organization.
Bonnie Rogers, DrPH, COHN-S, FAAN, is an Associate Professor and Director of the Occupational Health Nursing Program at the University of North Carolina, School of Public Health, Chapel Hill, North Carolina. She received her BS from George Mason University School of Nursing, and her MPH and doctorate from Johns Hopkins University School of Hygiene and Public Health. Dr. Rogers has practiced many years as a public health nurse, and occupational health nurse and practitioner. She has extensive experience in managerial, consultant, and educator/researcher positions, and was an ethics scholar at the Hastings Center in New York. She has published extensively including two books, Occupational Health Nursing Concepts, and Occupational Health Nursing Guidelines for Primary Clinical Conditions. Dr. Rogers is Immediate Past President of the American Association of Occupational Health Nurses, and is on the National Advisory Committee on Occupational Safety and Health.
By Christopher R. Brigham, MD, MMS, CIME, FACOEM, FAADEP
Portland, ME
The AMA Guides to the Evaluation of Permanent Impairment are widely used to assess impairment. The majority of these assessments are done incorrectly. The attendees will learn how to critique an impairment evaluation report, identify red flags suggesting an incorrect impairment rating, to manage the erroneous report, and to demand quality from evaluators.
Christopher R. Brigham, MD, MMS, FACOEM, FAADEP, CIME, is President of Brigham and Associates. Dr. Brigham is the Editor-in-Chief of the AMA Guides Newsletter and The AMA Guides Casebook. He is the founder of the American Board of Independent Medical Examiners. Dr. Brigham has trained thousands of physicians on rating impairment and on how to testify in court and administrative proceedings. He received his MD from Washington University in St. Louis and his MMS from Rutgers Medical College. Dr. Brigham is board certified in occupational medicine and was featured in the programs "How To Be An Effective Medical Witness", "How To Perform An Excellent Independent Medical Evaluation", "Achieving Success With Workers' Compensation", and "Achieving Success As A Medical Witness". He is co-author of the text The Independent Medical Evaluation Report: A Step-By-Step Guide With Models, and the author of the text The Comprehensive IME System.
By Carolyn S. Langer, MD, JD, MPH
Waltham, MA
Dr. Langer will review the statutory, regulatory, and case basis for confidentiality in workers' compensation and occupational health. She will discuss the role of federal law (including ADA and OSHA regulations) and state law in safeguarding confidentiality in the workplace. Dr. Langer will explain requirements for safeguarding confidential information in the occupational health setting, the distinction between a subpoena and a court order, and the complexities added by computerization of medical records. Dr. Langer will offer practical advice on how to collect, store, and release confidential medical information, how to respond to a subpoena or court order for release of confidential medical information, and how to develop sound risk management principles for computerized medical records.
Carolyn S. Langer, MD, JD, MPH, is Vice President and Chief Medical Officer of ManagedComp in Waltham, Massachusetts. She received her BA from the University of Pennsylvania, her MD from Jefferson Medical College, her JD from Harvard University Law School, and her MPH from the Harvard School of Public Health. Dr. Langer is an instructor of occupational medicine at the Harvard School of Public Health and a lecturer on occupational health law at the Harvard Educational Resource Center. Dr. Langer has written and lectured extensively on occupational health and legal issues. Dr. Langer is board certified in occupational and environmental medicine, a Lieutenant Colonel in the Army National Guard, and is a former Commander of a MASH Unit.
OR
By Paul W. Goodrich, Esquire
Boston, MA
James J. Campbell, Commissioner, Department of Industrial Accidents
Commonwealth of Massachusetts
George N. Keches, Esquire
South Dartmouth, MA
The panelists, Attorney Paul W. Goodrich, Department of Industrial Accidents Commissioner James J. Campbell, and claimant's counsel, Attorney George N. Keches will discuss and debate the Massachusetts DIA utilization review medical treatment guidelines which have been in effect since 1993. Attorney Goodrich will moderate the discussion as Commissioner Campbell makes the point that insurers, self-insurers, and the medical community have accepted utilization review and applaud its results. Attorney Keches will offer a different view, from the perception of the injured employee and claimant's attorney. They will discuss and debate cost-effectiveness, quality of care, and issues that have arisen over the administration of utilization review by claims administrators and utilization review agents. The panelists will encourage the attendees to participate in the discussion by sharing their views either pro or con with respect to utilization review in Massachusetts and in other states.
Paul W. Goodrich, Esquire, is a Senior Vice-President of the Renaissance Plan and Of Counsel to the law firm of Morrison, Mahoney & Miller, New England's largest insurance defense firm with offices in Rhode Island, Connecticut, New York, Michigan, San Francisco, and London, England. He has twenty-five years experience in several phases of workers' compensation law, including the formation of self-insured groups, licensing of groups and individual self-insurers, and representing clients before the Workers' Compensation Rating Bureau and the Massachusetts Division of Insurance on various regulatory matters. He has served on numerous task forces created by the Commissioner of Insurance to draft regulations governing self-insured groups, as well as utilization review medical guidelines for the Massachusetts Department of Industrial Accidents. He currently advises more than ninety-five self-insured corporations on workers' compensation matters and continues with an active trial practice.
James J. Campbell was appointed to the post of Commissioner for the Department of Industrial Accidents in 1991 by then Governor Bill Weld. Prior to that appointment, Mr. Campbell was City Manager of Lowell for five years and Assistant City Manager for seven years prior to that. Jim also spent several years as a public school teacher. Upon being named DIA Commissioner, Mr. Campbell was given the onerous task of reforming a workers' compensation system that had been described as "out of control" and "on the verge of collapse." By early 1992, the Workers' Compensation Reform Act of 1991 was taking effect and the most dramatic turn-around in the history of the Massachusetts system was underway. Fast-forward to 1999 and you find a workers' compensation system that is running efficiently with national and international admirers.
George N. Keches, Esquire, is the senior partner in the workers' compensation and personal injury firm of Keches & Mallen located in South Dartmouth, Massachusetts. He obtained his BA from Northeastern University and his JD from Suffolk Law School. Attorney Keches has written and lectured extensively on workers' compensation, is a former Commissioner of the Department of Industrial Accidents, and is Chairman of the Workers' Compensation Committee of the Massachusetts Academy of Trial Attorneys.
Compensation and Occupational Medicine
By Lucius C. Tripp, MD, MPH
Southfield, MI
Dr. Tripp will discuss the nature of causes and contributing factors of occupational injuries and illnesses that are required to produce a resulting workers' compensation case. He will review operational factors and condition factors that constitute an environmental and occupational health and safety system. Dr. Tripp will explain the conventional concepts of causes of injuries and illnesses that have been borrowed by one "authority" from another so often and for so long that they have become unquestioned. Dr. Tripp will offer practical advice on how to describe and evaluate the numerous factors causing an occupational injury or illness.
Lucius C. Tripp, MD, MPH, is the Director of the Wellness Group, Inc., a consulting and training company in Southfield, Michigan. He received his BS from the University of Detroit, his MD from Wayne State University, and his MPH from the University of Michigan. Dr. Tripp is a neurosurgeon, is board certified in occupational and environmental medicine, and is a Fellow of the American College of Occupational and Environmental Medicine. Dr. Tripp has written and lectured extensively on a wide variety of occupational health and medical-legal issues. Dr. Tripp has twenty-six years of hands-on experience in occupational health and rehabilitation medicine and disability management.
in Occupational Health
By Angella Bascom, ARNP
Ashland, NH
Ms. Bascom will review the history and scientific research of Therapeutic Touch and herbal medicines. She will discuss the problems and legal considerations of incorporating herbal medicines into clinical practice. Ms. Bascom will demonstrate a Therapeutic Touch technique, a relaxation technique, and different forms of herbal medicines available. Ms. Bascom will offer practical suggestions on how to integrate complementary/alternative medicine into an occupational health setting.
Angella Bascom, ARNP, is a holistic family nurse practitioner at Lakes Regional General Hospital in Laconia, New Hampshire. She received her ADN at NHTI and her BSN, MSN, and FNP at the University of New Hampshire. Ms. Bascom is the author of Incorporating Herbal Medicine into Clinical Practice and is the former program development coordinator of Mind/Body Initiative at the Lakes Regional General Hospital. Ms. Bascom has lectured extensively on mind/body, complementary, and alternative medicine.
Fitness For Duty Exams: A-Z
By Natalie P. Hartenbaum, MD, MPH
Maple Glen, PA
Dr. Hartenbaum will review factors that need to be considered when designing and implementing a fitness for duty program. She will discuss an organ system approach to potential functional guidelines in a fitness for duty program. Dr. Hartenbaum will explain factors to ensure proper implementation of a fitness for duty program. Dr. Hartenbaum will offer practical suggestions on how to determine whether an individual can perform particular tasks.
Natalie P. Hartenbaum, MD, MPH, is the Chief Medical Director of OccuMedix. She received her BA from Temple University, her MD from Temple University School of Medicine, and her MPH from the Medical College of Wisconsin. Dr. Hartenbaum is board certified in both internal and occupational medicine as well as a Certified Medical Review Officer. Dr. Hartenbaum has written and lectured extensively on fitness for duty exams and other occupational health issues.
How to Avoid Wrongful Termination Suits
By Miguel A. Escalera, Jr., Esquire
Hartford, CT
Attorney Escalera will discuss how to effectively manage and discipline your employees, while minimizing potential liability to individual supervisors and your company. He will review the types of claims and potential plaintiffs' recoveries arising from various types of personnel actions. Attorney Escalera will explain the pitfalls facing unwary managers. Attorney Escalera will offer practical, cost-effective suggestions on how to avoid lawsuits and how to respond when a claim is filed against your company.
Miguel A. Escalera, Jr., Esquire, is a partner in the Hartford, Connecticut law firm of Shipman & Goodwin where he concentrates his practice in labor and employment law and litigation. He received his BS from Georgetown University, his JD from Washington College of Law, and his Masters of Law degree from the Judge Advocate General's School. Attorney Escalera has written, lectured, and litigated extensively in the area of employment discrimination and wrongful termination suits and is the author of It's Not Just Why You Fire, It's How.
How and Why Insurers Lose Workers' Compensation Cases: How to Turn That Around
Attorney Postol will discuss what lawyers were supposed to learn in law school - how to marshall the evidence. Employers and insurers must present strong evidence to win workers' compensation cases, and doing the job half way is a wasted effort. He will review the kinds of issues which arise in workers' compensation cases, and what kind of evidence an employer must present to win. Attorney Postol will discuss how to fight causation, extent of disability, and related issues. Attorney Postol will explain how to obtain all medical records, how to write letters to and depose treating physicians, the use of independent medical examiners, and obtaining and utilizing vocational rehabilitation counselors. The effectiveness of surveillance film will also be discussed. Attorney Postol will offer practical suggestions on how to identify problem cases, marshall evidence which can be convincing, and to try and win cases. Attorney Postol will also discuss helpful techniques in settlement negotiations.
OSHA: New Wrinkles for Occupational Medicine and Workers' Compensation
By Neville Tompkins
Cedar Run, NJ
Mr. Tompkins will review the recent regulatory changes at OSHA and will discuss how these changes impact employers, occupational health care providers, and workers' compensation professionals. He will describe OSHA consultation and training services and will offer practical suggestions on how and what employers and occupational health care providers should do to work effectively with OSHA.
Nev Tompkins is a safety and health consultant and is a safety and health author in Cedar Run, New Jersey. He received his BA from the University of British Columbia, Vancouver, and did graduate work in Business at McGill University and Rutgers University. He was formerly the Corporate Director of Safety and Health of Continental Can Company, Norwalk, Connecticut. He has written over 200 articles on safety, health, and OSHA, and lectured extensively on safety and health issues. He is the author of A Manager's Guide to OSHA, How to Conduct Safety and Health Audits, and How to Write a Company Safety Manual. Mr. Tompkins is a former Co-Chair of the Can Manufacturers Institute Safety and Health Committee and of the National Committee on Safety and Health of the Society for Human Resources Management.
By Michael Erdil, MD
Dr. Erdil will discuss current concepts and understanding regarding the determination of work relatedness of upper extremity musculoskeletal disorders such as carpal tunnel syndrome, cubital tunnel syndrome, and epicondylitis. This will include epidemiologic information concerning both work exposures and personal risk factors. He will demonstrate how to gather information to permit a more accurate assessment of the relationship between work and upper extremity musculoskeletal disorders. Dr. Erdil will explain how to evaluate this information and make conclusions regarding work relatedness. Dr. Erdil will offer practical suggestions on better decision making.
Michael Erdil, MD, FACOEM, is the Director of Occupational Medicine for Eastern Occupational Health Network, an affiliate of Hartford Hospital, and an Associate Professor at the University of Connecticut Health Center. He received his BA from CUNY, his MD from SUNY, is Board Certified in Occupational and Internal Medicine, and is a Fellow of the American College of Occupational and Environmental Medicine. Dr. Erdil has served as a reviewer for the development of treatment guidelines for the Agency for Health Care Policy and Research (Acute Low Back Problems in Adults, 1994), the State of California (Practice Parameters for the Treatment of Work-Related Injuries and Illnesses, 1995), and the American College of Occupational and Environmental Medicine (ACOEM Occupational Medicine Practice Guidelines, OEM Press, 1997). Dr. Erdil has co-authored several publications, including Biomechanics of Manual Materials Handling and Low Back Pain and Cumulative Trauma Disorders of the Upper Extremity for Zenz's Occupational Medicine, 3rd Edition (Mosby Year Book Press), and has co-edited Cumulative Trauma Disorders: Prevention, Evaluation, and Treatment (Van Nostrand Reinhold, 1997). Recently, Dr. Erdil co-authored the Health Effects Section of the Preamble to the Proposed OSHA Ergonomics Rule (1999). He has been a local and national lecturer on a variety of occupational medicine topics. Dr. Erdil is listed in Marquis' Who's Who in Medicine and Healthcare, First and Second Edition.
By Deborah V. DiBenedetto, MBA, RN, COHN-S, ABDA
Yonkers, NY
Ms. DiBenedetto will discuss the business drivers and market shifts towards maximizing an organization's total health and productivity of its workforce. She will review the results of recent market surveys and benchmarking of total health and productivity initiatives in a variety of work settings. She will explain the importance of these initiatives and their relevance for the design and delivery of cost-effective, value-added occupational health programs. Ms. DiBenedetto will offer practical, cost-effective suggestions on how to position your practice for the demands of business as we embark on the new millennium.
Deborah V. DiBenedetto, MBA, RN, COHN-S, ABDA, is President of DVDiBenedetto & Associates, LTD of Yonkers, New York, and is President of the American Association of Occupational Health Nurses (AAOHN). She received her BSN in Nursing from Hunter College and her MBA from Manhattan College. She is an internationally known professional who consults, lectures, and writes on case management, legal and regulatory issues, disability, workers' compensation and health care cost management, integrated disability management, managed care, health care policy, and other issues pertinent to the field of occupational health and total health and productivity management. She is a member of the Occupational & Environmental Medicine (OEM) Report's Editorial Board, is the lead author of the OEM Occupational Health & Safety Manual along with two physician co-authors, and is working on a book on both occupational health nursing and integrated disability case management.
By Thomas Domer, Esquire
Milwaukee, WI
Attorney Domer will discuss the overzealous application of legitimate doubt in the denial of claims. He will review cases in which inconsistent history, untimely reporting, or inconsistent statements give rise to legitimate doubt. Attorney Domer will explain the appropriate circumstances for the application of a "legitimate doubt standard." Attorney Domer will offer practical suggestions on how to recognize "legitimate doubt" claims, rebut the denials where appropriate, and techniques for determining on intake when legitimate doubt should be a concern.
Thomas M. Domer is a workers' compensation and employment trial attorney with the Milwaukee law firm of Shneidman Myers. He received his BA from St. Norbert College, his MA and JD from the University of Wisconsin, and his PhD from Marquette University. Attorney Domer has written and lectured extensively on workers' compensation and employment law. Attorney Domer is an Adjunct Professor at Marquette University Law School and has co-authored over two dozen workers' compensation texts. Attorney Domer is listed in Best Lawyers in America and serves on the National Board of Directors of the Work Injury Litigation Group.
By Carol Zasler, BSN, RN, CRRN, CCM
Glen Allen, VA
Ms. Zasler will discuss why a life care plan is the ultimate tool for both the case and claims manager for cost containment, achievement of maximum medical improvement, and functional potential for the insured worker and for setting reserves. She will review the components of a life care plan and the life care planning process, and the importance of a collaborative working relationship between the in-house case manager and the life care planner. Ms. Zasler will demonstrate how the life care planner can assist the insurer in locating experts for Independent Medical Examinations and preparing for hearings, mediation, arbitration, or trial. Ms. Zasler will offer practical suggestions on how to determine the need for a life care plan, to locate a qualified life care planner, and develop communication and a positive working relationship with the life care planner.
Carol Petty Zasler, BSN, RN, CRRN, CCM, is Director and CEO of International Nurse Consultants, Inc. in Glen Allen, Virginia. She received her BSN from Northwestern University and is a Diplomate of the American Board of Forensic Nurses and American Board of Forensic Examiners. Ms. Zasler has written and lectured extensively on life care planning and case management issues. Ms. Zasler is the author of Use of the Life Care Plan in Mediation and other articles on case management and life care planning.
By Marcia Scott, MD
Cambridge, MA
Marcia Scott is the Vice President of Medical Services Prudential Group Life and Disability Insurance. She received her BA and her MD from the University of California. Dr. Scott has written and lectured extensively on psychiatric injury, disability, and impairment evaluation. She is a former Chair of the American Psychiatric Association - Occupational Psychiatry and a member of the American Psychiatric Association's Task Force on Psychiatry in Industry. She is the author of Psychiatric Assessment in Disability, AMA Guides to the Evaluation of Permanent Impairment, and Psychiatric Assessment in Injury and Disability, AMA Guides Newsletter.
Questions and Answer
By Carol Wilkinson, MD, MSPH
and Susan Bellamacina, MPH, RN, COHN-S
Armonk, NY
Dr. Wilkinson and Ms. Bellamacina will demonstrate, in an interactive presentation, how to develop your skills and increase your comfort level with workers' compensation data analysis. They will discuss the selection of groups, the significance of outliers, tracking of trends, and how to distinguish meaningful patterns in data. Dr. Wilkinson and Ms. Bellamacina will offer practical, cost-effective suggestions on how to avoid the common pitfalls and find meaningful patterns when analyzing workers' compensation data.
Carol W. Wilkinson, MD, MSPH, is Regional Medical Director at IBM. Prior to joining IBM in 1987, she was Medical Director for Time, Inc. She also worked for the New Jersey Health Department and the Division of Environmental and Occupational Medicine at Mt. Sinai Medical Center. Board certified in both internal medicine and occupational medicine, she received her undergraduate education at Harvard University, her medical training at Cornell University Medical College, and her MSPH in epidemiology from Columbia University. At IBM, Dr. Wilkinson is responsible for providing a range of medical services to employees, e.g., disability management, violence prevention, office ergonomics, and online wellness information. For the past five years, she has led the IBM Workers' Compensation Best Practices initiative which has included a focus on workers' compensation data analysis.
Susan J. Bellamacina, MPH, RN, COHN-S, is a Nurse Program Administrator for IBM at the East Fishkill site of the Global Occupational Health Services Northeast Region. Ms. Bellamacina is a Certified Occupational Health Nurse Specialist. She received her basic nursing education at The Roosevelt Hospital School, baccalaureate in nursing at the State University of New York College at New Paltz, and master of public health in environmental sciences at New York Medical College Graduate School of Health Sciences. Ms. Bellamacina has spent an extended period of time partnering with her company's occupational health unit in Mexico. She has also participated in the development and the delivery of professional development programs for the integrated global occupational team at IBM. This integrated team includes staff from the medical, nursing, safety, industrial hygiene, and ergonomic disciplines. Ms. Bellamacina has also been part of IBM's Workers' Compensation Best Practices Team for the past number of years. Her work includes staff development, data analysis, and data quality issues. Her presentation experience includes topics in Global Occupational Health Services, Workers' Compensation, and Infection Control.
By Mark Upfal, MD, MPH, FACOEM
Detroit, MI
Dr. Upfal will review the epidemiology, pathophysiology, and natural history of hepatitis A, B, and C, and then discuss workplace implications with practical advice for managing a variety of challenging employee health issues.
Mark J. Upfal, MD, MPH, FACOEM, is the Director and Associate Professor of the Division of Occupational and Environmental Medicine at Wayne State School of Medicine. He received his BS from the University of Michigan, his MPH from the University of Michigan School of Public Health, and his MD from the University of Colorado School of Medicine. Dr. Upfal is on the Board of Directors of the American College of Occupational and Environmental Medicine and has written and lectured extensively on a wide variety of occupational health issues. Dr. Upfal is the Corporate Medical Director for the Detroit Medical Center and a Consulting Medical Director for Intersil Semiconductor.
By Barbara S. Webster, BSPT, PA-C
Hopkinton, MA
Barbara S. Webster, BSPT, PA-C, is a Researcher at the Liberty Mutual Research Center for Safety and Health. She received her BS in physical therapy from Ithaca College and her Physician Associate Certificate from the Yale University School of Medicine. Ms. Webster has written and lectured extensively on the cost of disability and workers' compensation low back claims. Ms. Webster is a co-author of Healthcare Utilization and Referral Patterns in the Initial Management of New Onset, Uncomplicated, Low Back Workers' Compensation Disability Claims and Clinical Practices in the Management of New-Onset, Uncomplicated, Low Back Workers Compensation Disability Claims. Ms. Webster is a member of the American Association of Public Health, the American Academy of Physician Assistants, and a past President of the Massachusetts Academy of Physician Assistants.
By Arlene Guzik, MSN, ARNP
Dunedin, FL
Ms. Guzik will review the impact of absences in the workplace on employers, insurers, and employees. She will discuss the importance of establishing policies and procedures for absence management that supports the mission of the company. Ms. Guzik will present a practical approach for managing medical absences related to WC, FMLA, STD, and LTD. Ms. Guzik will present practical advice on how to develop a team-based program of integrated absence management.
Arlene Guzik, MSN, ARNP, is the Director of Clinical Services at the Lakeside Occupational Medical Center in Largo, Florida. She received her BSN from Ohio State University and her MSN from West Virginia University. Ms. Guzik has written and lectured extensively on a wide variety of occupational health issues including corporate health and wellness, alternative health therapies, and reducing workers' compensation costs. Ms. Guzik is the author of the article WC, FMLA, and ADA: Managing the Maze published in the AAOHN Journal.
By Vincent Adornato, ARM
Mr. Adornato will discuss the value of managing your claims administrator in order to achieve maximum performance. He will review reasons why your administrator may not be working at peak performance and therefore costing you extra claims dollars. Mr. Adornato will demonstrate how internal and external factors impact performance and how you can control these factors. Mr. Adornato will offer practical suggestions for implementing consensus dynamics, contributory solutions and establishing goals/objectives.
Vincent G. Adornato, ARM, is a senior claims consultant at AON Risk Services in Boston, Massachusetts. He received his BA in Political Science and Pre-Law from Syracuse University and his Associate in Risk Management. Mr. Adornato has had over twenty-five years experience in claims and risk management with particular expertise in workers' compensation. Mr. Adornato has written and lectured extensively on claims management and controlling workers' compensation costs. Mr. Adornato has assisted in formulating service standards for national TPA, and is the co-author of Discontinued Operations: Closing the Door on Employee Related Liability.
Attorney Domer will review medical subrogation issues, future medical expense and unpaid medical bill dilemmas, and offset provisions of long-term disability and sick pay policies. He will present examples of creative compromises in which indemnity agreements and hold harmless clauses can maximize benefits. Attorney Domer will explain advantages of severance agreements/buy-outs in workers' compensation compromises, and methods to examine disability policy language to enhance outcomes. Attorney Domer will demonstrate methods of maximizing benefits through caps on the workers' compensation carrier's future liability and will offer practical suggestions on how to analyze temporary total disability dates, sick pay, and unemployment compensation issues to produce a beneficial result.
Dr. Erdil will discuss the types of ergonomic interventions trials that have been performed in an effort to control work related musculoskeletal disorders. He will demonstrate the results of these trials. Dr. Erdil will explain the limitations of these studies and need for further study. Dr. Erdil will offer practical suggestions when evaluating potential ergonomic interventions to control work related musculoskeletal disorders.
By Dennis Turk, PhD
Seattle, WA
Dr. Turk will review the costs involved with chronic pain including expenditures for health care and indemnity. He will review the published evidence for the success of surgery, implantation of spinal cord stimulators, and multidisciplinary pain rehabilitation for chronic back pain. He will discuss the criteria that can be used for determining successful outcomes including pain reduction, reduction in medication, hospitalization and surgery, increases in activity and return to work, and closure of disability claims. Dr. Turk will explain that the important questions to ask are: what treatments have proven to be effective, on what outcome criteria, compared to what alternatives � not the more general one of whether a particular intervention is effective. He will examine the outcomes that have been published to establish the relative effectiveness of surgery, spinal cord stimulation, and pain rehabilitation and functional restoration programs for chronic back pain. Dr. Turk will offer practical suggestions on how to go about determining the clinical effectiveness, cost-benefit, and cost-effectiveness of treatment for patients with chronic pain. He will make suggestions as to the criteria that should be used in making decisions regarding the most clinically effective and cost-effective treatments.
Dennis C. Turk is John and Emma Bonica Professor of Anesthesiology and Pain Research at the University of Washington. He is a founding member and currently serves as the Treasurer and as a member of the Executive Committees of both the International Association for the Study of Pain (IASP) and the American Pain Society (APS). Dr. Turk was the recipient of the American Psychological Association, Division of Health Psychology, Outstanding Scientific Contribution Award in 1993 and the American Academy of Pain Medicine, Janet Travell Pain Management Award in 1998. Over 270 journal articles, invited papers, and chapters in edited books have been published by Dr. Turk. He has written and edited 10 books. Dr. Turk served as Editor-in-Chief of the Annals of Behavioral Medicine from 1993-1997 and is currently Editor-in-Chief of the Clinical Journal of Pain. He was a member of the Agency for Health Care Policy and Research Guideline Development Panel for Acute Back Problems.
By Paul Kapalko, Director/Chief Judge
Trenton, NJ
Judge Kapalko will discuss the use and impact of expert and lay testimony in a workers' compensation proceeding. He will review how to effectively develop, organize, and present proof in specialized cases. Judge Kapalko will also discuss critical issues facing workers' compensation professionals involved in contested workers' compensation cases.
Judge Kapalko has served as the Director and Chief Judge of the Division of Workers' Compensation since June of 1994. He was first appointed Judge of Compensation in 1992 and has served in Middlesex, Essex, and Monmouth Counties. He is an ex-officio "Master of the Bench" of the New Jersey Workers' Compensation Inn of Court and lectures frequently on compensation related matters for the Institute for Continuing Legal Education, Association of Trial Lawyers of America, and the Department of Labor. He received a BA from Rutgers College in 1976 and JD from Seton Hall University School of Law in 1979. In addition to general practice in Monmouth County, Judge Kapalko has served as a municipal prosecutor and a planning board attorney in several New Jersey municipalities. He was General Counsel to a public utility and a county health organization. Judge Kapalko also devoted a substantial amount of time to public service, including Councilman on his local governing body, Commissioner on the Monmouth County Improvement Authority, Chairman of the Wesley Lake Commission, and a legislator in the New Jersey State Assembly.
By Susan Q. Wilburn, MPH, BSN, RN
Ms. Wilburn will discuss changes in the work environment resulting from downsizing, restructuring, and redesign of the workplace including the health care industry and their impact on the health and safety of workers. She will review American Management Association's report on the aftereffects of downsizing: unintended consequence, the National Institute for Occupational Safety and Health (NIOSH) National Occupational Research Agenda priority for the Organization of Work, and the Department of Labor, Agency for Health Care Policy Research, NIOSH, and VA report on the Effect of Working Conditions on Quality of Care. Ms. Wilburn will explain research conducted by the Minnesota Nurses Association demonstrating the impact of restructuring and how the data drove improvements in health and safety programming. Ms. Wilburn will offer practical advice on how to use injury and illness, data/employer experience, and involve workers in the implementations of programs to reduce stress and the health impacts of stress
Susan Q. Wilburn, MPH, BSN, RN, is Senior Specialist for Occupational Safety and Health at the American Nurses Association in Washington, DC. She received her BSN in Nursing from Kent State University and her MPH from the University of Washington. Ms. Wilburn has spoken and written extensively on health and safety issues including indoor air quality, latex allergy, and the prevention of bloodborne exposures as well as the relationship between work organization, staffing, and restructuring on injury, stress, and illness to nurses. She is a member of the National Occupational Research Agenda (NORA) advisory committee on allergic and irritant dermatitis, served as Director of the EPA funded ANA project on indoor air quality, and served on the planning committee and as a speaker for the FDA sponsored teleconference: Natural Rubber Latex Allergy Recognition and Treatment that was co-sponsored by NIOSH, OSHA, Veteran's Affairs Hospitals, AMA, ADA, AHA, AphA, and the Health Industry Manufacturers Association. Ms. Wilburn was an invited speaker at the first annual National Occupational Research Agenda conference held at the National Academy of Sciences. Ms. Wilburn writes and/or edits a bimonthly column on health and safety for the American Journal of Nursing.
By Catherine K. Johnson, BSN, MRC, MBA
Tampa, FL
Ms. Johnson will review the definition of Integrated Disability Management and industry events in the last decade that have set the stage for Integrated Disability Management. She will discuss several employer IDM models, including program expectations and outcomes. Ms. Johnson will explain how the various stakeholder roles are affected when an IDM program is put in place. This includes claim, managed care, medical delivery/provider, and employer personnel roles. Ms. Johnson will offer practical suggestions on how best to work with employers to assess their needs for an IDM program.
Catherine K. Johnson, BSN, MRC, MBA, is President of HJH Group, Inc. in Tampa, Florida. She received her BSN from Illinois Wesleyan University and her MRC and MBA from the University of South Florida. Ms. Johnson has written and lectured extensively in the areas of workers' compensation, occupational medicine, managed care, and integrated disability management. Ms. Johnson is an Adjunct Assistant Professor in the College of Public Health at the University of South Florida and is the co-author of A Guide to Evaluating and Selection Workers' Compensation Managed Care Arrangements. Ms. Johnson has had thirty-five years of experience in the health care industry, workers' compensation, and employee benefits industry.
By Jeffrey D. Newby, Esquire
Voorhees, NJ
Attorney Newby will review the legal standards for workers' compensation stress cases. He will demonstrate how to utilize a detailed history, mental status exam, psychological testing, medical and psychological records, and a family history to defend a workers' compensation stress case. He will review the steps to be taken to develop an accurate physical, social, and psychological history of the claimant. Attorney Newby will demonstrate how to effectively utilize expert testimony, claim, and employment history to defend a workers' compensation stress case.
Jeffrey D. Newby, Esquire, is a managing partner for Weber Goldstein Greenberg & Gallagher's New Jersey office. He litigates both general casualty and workers' compensation matters in New Jersey and in Pennsylvania. A graduate of the University of Notre Dame, Attorney Newby received his JD degree from Wake Forest University School of Law and is a member of the New Jersey State (member, Workers' Compensation Section, Executive Committee) and Pennsylvania Bar Associations. Attorney Newby has argued before the Eastern District Federal Court, Commonwealth and Superior Court of Pennsylvania, and the Superior Court of New Jersey. Prior to entering private practice, Attorney Newby served as a public defender. Attorney Newby has written and lectured extensively on the defense of workers' compensation claims.
By Beverly Gilliam Hart, RN, PhD, CEN
and William Abney MS, CFEI, CFII
Richmond, KY
Beverly Gilliam Hart, RN, PhD, CEN, is an Assistant Professor, Department of Baccalaureate and Graduate Nursing at Eastern Kentucky University. She received her BSN from Eastern Kentucky University, her MSN from Bellarmine College, and her PhD from the University of Cincinnati. Dr. Hart has written and lectured extensively on a wide variety of occupational health and nursing topics and has recently completed research on alcohol abuse and workplace violence.
William M. Abney, MS, CFEI, CFII, is an Assistant Professor, Loss Prevention and Safety at Eastern Kentucky University. He received his AA, BS, and MS from Eastern Kentucky University. Mr. Abney lectures to the insurance industry and fire and law enforcement agencies. Mr. Abney is Membership Chairman of the American Society of Safety Engineers and has written extensively on safety issues.
Dr. Turk will review the different perspectives on chronic pain, namely, physiological, psychogenic, behavioral, motivational, and subjective. He will suggest that although each of these models provides useful ways of viewing the person with chronic pain, they are incomplete. He will discuss the ways that the different perspectives influence the methods used to assess people with chronic pain and ultimately the treatments prescribed. He will discuss the difficulty that each of these perspectives provide in accounting for common clinical observations. Dr. Turk will explain how a more comprehensive perspective of chronic pain that integrates physical, psychological, and behavioral may provide the best model for understanding chronic pain. He will suggest that the comprehensive model presented can serve as the basis for a broader assessment and guide treatment decisions that lead to more clinically effective and cost-effective outcomes. He will provide preliminary evidence demonstrating that subgroups of chronic pain patients can be identified and will differentially respond to treatment. Dr. Turk will offer practical suggestions on how to match patients to specific treatments with an emphasis on pain rehabilitation and functional restoration program. He will demonstrate that treatment matching can lead to better clinical outcomes and be more cost-effective than prescribing similar treatments based exclusively on medical diagnoses.
By Gail Lenehan, RN, PhD
Hingham, MA
Dr. Lenehan will share her personal experience with latex allergy, discuss other case examples to illustrate how a latex allergy can manifest itself, and describe some of the myths of latex allergy. She will review the history of latex allergy and the reason that we are seeing the problems now, what people are experiencing, and what is being done by individuals and institutions to address the problem. Dr. Lenehan will explain that it is not simply a case of preventing reactions to latex, but also preventing workers and the public from becoming sensitized to begin with. She will include strategies to combat the problem in a more organized way giving examples of how hospitals have become safe and noting protective resources for workers such as OSHA's general duty clause, the ADA, and workers' compensation.
Gail Pisarcik Lenehan, RN, PhD, is Editor in Chief of The Journal of Emergency Nursing, Co-Chair of the National Emergency Nurses Association Latex Allergy Work Group, Chair of the Massachusetts ENA Latex Allergy Task Force, and a member of the MNA Congress on Health and Safety. She attended a diploma program and obtained her RN from St. Francis Hospital School of Nursing, her BSN from Boston College, her MSN from Boston University, and her EdD from Harvard University. Dr. Lenehan has written and lectured extensively on latex allergy issues. Dr. Lenehan is the co-author of the Emergency Nurses Association and the Massachusetts Nurses Association latex allergy Position Papers.
By Professor Ilise L. Feitshans, JD, ScM
Haddonfield, NJ
Professor Feitshans will review the laws governing occupational health in general and reproductive health in particular, including new international legislation in this area of the law and ACOEM ethics. She will discuss how corporate compliance policies can facilitate implementation of these laws, potential conflicts within the laws, and the role of corporate physicians in upholding laws. Professor Feitshans will explain how the crucial role of physicians and medical staff can save corporate employers money by enhancing compliance, thus avoiding tort liability. Professor Feitshans will offer practical advice on how to provide ethical and legally appropriate medical care in this complex, ever-changing, but highly regulated context.
Professor Ilise L. Feitshans, JD, ScM, is the Legal Advisor, WHO/RAMS Committee of Experts on Reproductive Health at Work and an Adjunct Faculty for Cornell University School of Industrial and Labor Relations. She received her BA from Barnard,
Attorney Newby will discuss the investigation, evaluation, trial, and settlement of occupational disease claims. He will review the issues of exposure, latency periods, failure to provide or utilize personal protective equipment, and the use of expert medical testimony. Attorney Newby will review the common defenses to occupational disease claims and explain how to use new discoveries in medical science in litigating occupational disease claims.
Ms. Johnson will review industry changes and emerging trends which are causing brokers and employers to reassess their current practices and approaches to claim audits. She will discuss several models which explain how brokers and employers are now conducting the audit process. This includes a fundamental change to a "team" approach that emphasizes solutions, and away from a process that looked to "place blame" and find fault with incumbent servicing entities. Ms. Johnson will explain the ten leading indicators that are being considered, measured, and evaluated in audits today. Ms. Johnson will offer practical suggestions on how best to communicate audit expectations and intended program outcomes from "day one" (the beginning of the relationship) in order to build a team approach with participating claims payers, employer/risk management personnel/medical staff, treating providers, and managed care companies.
Dr. Hart will review the definition of alcohol misuse and the physical and behavioral characteristics of clients who misuse alcohol. A general overview of how alcohol affects a client's physiology will also be discussed. She will discuss the recognition and identification of workers with alcohol misuse problems using the CAGE rapid verbal screening tool. Dr. Hart will explain and discuss attitudinal and perceptual barriers between nurses and drinking clients/workers. There will also be discussion of the alcohol/injury cycle. Dr. Hart will offer practical suggestions on how to use brief intervention strategies to therapeutically intervene in the workplace and how the occupational health nurse can use their "teachable moments" to help clients/workers to stop drinking. Finally, the occupational health nurse must appropriately refer clients to additional community resources for follow-up care.
Click Here for Phone/Fax Ordering Information Click here to go to the SEAK, Inc. Online Store Information (508) 548 7023 Orders (508) 457 1111 Fax (508) 540 8304 Email seakinc@aol.com
© SEAK, Inc. PO Box 729 Falmouth, MA 02541 Phone: 508.457.1111 Fax: 508.540.8304 Email: Mail@seak.com.