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24th Annual
National Workers’ Compensation and Occupational Medicine Seminar

July 20, 21, & 22, 2004

detailed schedule
continuing education credits

Four Points by Sheraton Hyannis Resort, Hyannis, MA

registration information
registration form

Topic & Speaker Descriptions

Tuesday, 7/20

Wednesday, 7/21
 

Thursday, 7/22
Tuesday  July 20, 2004
8:00-9:00 Registration, Continental Breakfast, and Exhibits 
9:00-10:00 Disability Prevention: Current Concepts, Controversies, and Best Practices

By Glenn Pransky, MD, MOccH

Dr. Pransky will review the latest evidence for disability prevention strategies and will explain how to translate the latest research findings into practice in the workplace and in the clinic. He will offer suggestions on how clinicians and employers can use the latest research findings to develop and implement cost-effective solutions to prevent and manage disability.

Dr. Glenn Pransky is currently Director of the Liberty Mutual Center for Disability Research, and is an Associate Professor in the Department of Family Medicine and Community Health at the University of Massachusetts Medical School, in Worcester, Massachusetts. He is board-certified in both occupational medicine and internal medicine, and directs several investigations. His research interests include disability prevention, outcomes in work-related musculoskeletal disorders, methods for screening for carpal tunnel syndrome, measures of quality and outcome specifically designed for workers and work-related conditions, implications of policy changes in workers' compensation medical care, and childhood injuries at work. He has been awarded a 3-year grant from the National Institute of Occupational Health to investigate outcomes in work-related injuries in older workers. Dr. Pransky received his MD from the Tufts University School of Medicine and a master's degree in occupational health from the Harvard School of Public Health. Dr. Pransky is author of several articles on the Americans with Disabilities Act and occupational medicine, fitness-to-work determinations, quality and outcome in workers' compensation, and was recently a Visiting Scholar at the Agency for Health Care Policy and Research, studying outcomes research methodology. He maintains an active consultative and clinical practice in occupational medicine. Questions and Answers

10:00-11:00 How Employers Can Help Win Workers' Compensation Cases: What They Can Do To Assist Defense Counsel

By Lawrence P. Postol, Esquire

Attorney Postol will discuss the defense of a workers' compensation claim, and how employers can assist their counsel in such cases. He will explain the interaction between the employer, its carrier, and any TPA (third party administrator), the defense counsel, the workers' attorney, treating physicians, IME physicians, vocational rehabilitation experts, and the workers' compensation system - the government administrators and judges. Attorney Postol will demonstrate how an aggressive workers' compensation program by the employer can help reduce workers' compensation liability. He will discuss how employers can use prompt reporting and taking of witness statements, developing a list of preferred physicians, surveillance, second injury funds, and light duty programs successfully. Attorney Postol will offer practical suggestions on how to work with the employer's insurance carrier and any third party administrator to assure that workers' compensation liability is minimized, and to assure that the best defense is presented in contested cases.

Lawrence P. Postol, Esquire, is a partner in the Washington, DC office of Seyfarth, Shaw LLC, which has offices in Atlanta, Boston, Brussels, Chicago, Houston, Los Angeles, New York, Sacramento, San Francisco, and Washington, DC. 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 workers' compensation, ADA, ERISA, and other employment law issues. Attorney Postol has also handled employment discrimination, FLSA, ERISA, and OSHA litigation. 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

11:00-11:10 Break and Networking Opportunity
11:10-12:00 Integrated Disability Management: Cost-Effective Techniques That Work

By Helen C. Chaves, ANA, COHN-S

Ms. Chaves will discuss integration of disability programs (i.e., short term disability, long term disability and Workers' Compensation) and Family Medical Leave administration. She will review proven strategies for reducing administrative time and cost associated with disability programs and FMLA administration. Ms. Chaves will explain and demonstrate how an effective integrated disability program can impact the bottom line. Ms. Chaves will offer practical, cost-effective advice on how to stay ahead of the rising disability and health care expenditures related to disability.

Helen C. Chaves, ANA, COHN-S, is the Director of Corporate Health Services and Disability Management of Avery Dennison Corp. in Framingham, Massachusetts. She received her MSN from the University of Massachusetts-Lowell, and her MBA from the Simmons Graduate School of Management. Ms. Chaves is Vice President of the Disability Management Employer Coalition and is certified in occupational health nursing and as an adult nurse practitioner. Ms. Chaves led a team at Avery Dennison in developing, implementing, and managing a highly successful integrated disability program. Questions and Answers

12:00-1:30 Lunch (On Your Own) and Exhibits
1:30-2:25 Breakout Sessions:  Choose One
Musculoskeletal Injury Prevention in the Healthcare Industry

By Guy A. Fragala, PhD, PE, CSP

Dr. Fragala will review the magnitude of the problem of musculoskeletal injuries among healthcare workers involved in direct patient care and the impact of the problem. Also reviewed will be approaches for improvement. He will discuss why traditional approaches applied to back injury prevention programs for nurses have been unsuccessful and why programs incorporating the concepts of ergonomics are required. Dr. Fragala will explain through a five step process a framework for structuring an ergonomic based back injury prevention program for healthcare workers involved in direct patient care. He will demonstrate practical approaches to redesigning high risk patient handling activities to either eliminate or minimize the risk to the worker. Dr. Fragala will offer practical, cost-effective suggestions on how to begin the process of designing effective back injury prevention programs for healthcare facilities.

Guy A. Fragala, PhD, is the Director of Environmental Health and Safety at the University of Massachusetts Medical Center in Worcester, Massachusetts. Dr. Fragala received his BS from the University of New Hampshire and his MS, MEd, and PhD from the University of Massachusetts in Amherst. Dr. Fragala has written and lectured extensively in the areas of ergonomics and occupational safety. He has assisted OSHA with their work in ergonomics and been involved in many national efforts focusing on prevention of back injuries in healthcare workers. Dr. Fragala is a certified safety professional, certified professional engineer, and is an Assistant Professor, Department of Family and Community Medicine at the University of Massachusetts Medical Center in Worcester, Massachusetts. Questions and Answers

OR The Use of Complementary and Alternative Medicine in the Occupational Health Setting

By Angella Bascom, MSN, ARNP

Ms. Bascom will define CAM and discuss why some employers and employees are choosing to use CAM. She will review the safety and efficacy of some CAM therapies and will provide resources on CAM. Ms. Bascom will demonstrate specific CAM therapies with the attendees.

Angella Bascom, ARNP, is a holistic family nurse practitioner at Lakes Regional General Hospital in Laconia, New Hampshire and Speare Memorial Hospital in Plymouth, 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, was a consultant for the book Professional Guide to Complementary and Alternative Medicine, 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. Questions and Answers

OR The Assessment of Psychiatric Disability and Impairment

By Moshe S. Torem, MD

Dr. Torem will review the definitions of psychiatric disability and impairment as they apply to the individual employee and the circumstances relating to the job requirements and conditions of the workplace. He will discuss specific structured interview and examination techniques used to obtain the information needed to assess psychiatric disability and psychiatric impairment. Dr. Torem will explain the structured and organized manner used to provide a detailed and comprehensive report assessing questions relating to an employee's condition and ability to return to work as well as the employer's questions on modifying the work environment if so needed. Dr. Torem will offer practical advice on how to communicate with employees and employers in assessing impairment and disability and workplace stressors.

Moshe S. Torem, MD, is a Professor of Psychiatry at Northeastern Ohio University's College of Medicine and the Founder and Medical Director for the Center for Mind-Body Medicine at the Akron General's Health and Wellness Center in Akron, Ohio. Dr. Torem received his MD at Hebrew University and Hadassah School of Medicine and did his residency in Psychiatry at Long Island Jewish-Hillside Medical Center. Dr. Torem is a Diplomate of the American Board of Psychiatry and Neurology and has written and lectured extensively on psychiatry, impairment, and disability. He is the co-author of Psychiatric Impairment and Disability (book chapter) and the author of Psychiatric Disability in Disability Evaluation (book chapter). Dr. Torem has been the recipient of numerous awards for his teaching and writing in the field of psychiatry. Questions and Answers

2:30-3:25 Breakout Sessions
Avoiding Violence In the Workplace

By Paul Michael Viollis, Sr., MPA

Mr. Viollis will discuss the inherent risks associated with workplace violence and the obligation to mitigate these life threatening hazards. He will review the standard of care as it relates to providing a safe work environment. Mr. Viollis will illustrate the various "vehicles of violence" and the employer's duty to protect. He will describe the offender and victim profile as well as the associated behavioral red flags. Mr. Viollis will discuss the required preventative approaches including the safe handling of "at risk terminations." Mr. Viollis will provide a comprehensive list of needed internal controls. Paul Michael Viollis, Sr., MPA, received his BS from John Jay College of Criminal Justice, his MPA from the University of Central Florida, and is currently pursuing a PhD in Business. Mr. Viollis is Senior Managing Director and Practice Leader of the Security Services Practice for Citigate Global Intelligence & Security (CGIS) based in New York. Mr. Viollis has extensive experience in both security and law enforcement, having spent the last 22 years in this arena. Currently, Mr. Viollis is recognized as one of the foremost experts in workplace violence avoidance worldwide. Mr. Viollis has authored books on Avoiding Violence in our Workplace, Avoiding Domestic Violence in our Workplace, Avoiding Violence in our Schools, Conflict Resolution and is currently the author and lead editor for Jane's Publishing's new book on Workplace Security. In addition, he has both authored articles and spoken widely on "Global Security Strategies," "Corporate Security," " Counter Terrorism," and "Reengineering America's Corporate Culture Post 9-11." Questions and Answers
OR Return to Work After an Upper Extremity Disorder: What Works

By William S. Shaw, PhD

Dr. Shaw will explain the effects of integrated case management and standard occupational care on employees with work-related upper extremity disorders. He will review the impact of patient satisfaction, integrated case management, and other factors on return to work. Dr. Shaw will offer practical, cost-effective advice on how employers can positively influence the early return to work in employees with an upper extremity disorder.

William S. Shaw, PhD, is an instructor at the University of Massachusetts Medical School and a researcher at the Center for Disability Research in Hopkinton, Massachusetts. Dr. Shaw received a post-doctoral fellowship in occupational health psychology at Georgetown University. He received his PhD from the San Diego State University/University of California, San Diego Joint Doctoral Program in Clinical Psychology with a study emphasis in behavioral medicine. Prior to his graduate studies, he worked as a consulting civil engineer for ten years. He earned his BS in civil engineering from Pennsylvania State University. Dr. Shaw's research focuses on improving return to work outcomes for work-related musculoskeletal conditions through the integration of clinical and workplace factors. Dr. Shaw has written and lectured extensively on occupational medicine and return to work.

OR Impact of a National Occupational Health and Safety Standard: Z-10 and Beyond

By Ann M. Zaia, NP-C, MHA, RN, CHS-III, CHE, COHN-S, and

Donna Ward, RN, ADN

Ms. Zaia and Ms. Ward will discuss the impact of the ANSI Z-10 document which will be felt at many levels of occupational health and safety. Standardization of management systems will create a common "language" across industries such that the safety and health of workers will be monitored and understood by participating organizations that have business relationships. This process allows for the integration of health services into the overall operations of the organization's existing management systems. Its far reaching applicability will be felt not only at the level of the corporate OHS programs, but it will have a ripple affect on the workers' compensation carriers that insure the organizations and the occupational health clinics who provide care to their workers. Companies wishing to trade in a global market may be forced to comply with the voluntary standard to remain on a level playing field with their US counterparts. Other economic factors may come into play if companies who do not comply are excluded from the market. Initially, implementation will require significant changes in most organizations. Development of new policies and procedures, as well as their execution and maintenance will present challenges to even the most organized entities. Initial costs of implementation often run into the thousands. However, this integration eventually leads to gains realized through greater efficiencies and increased market share.

Ann Morris Zaia, NP-C, MHA, RN, CHS-III, COHN-S, is the Director of Network Consulting for Operations for CareGroup Occupational Health Network in Boston, Massachusetts. Ms. Zaia received her BS in Nursing from Emmanuel College, her RN from Massachusetts General Hospital School of Nursing, Master of Science in Healthcare Administration from Simmons College, and is currently enrolled in the Doctorate of Science in Occupational Health Services Research and Policy program at the Harvard School of Public Health. Ms. Zaia has extensive knowledge of regulatory agencies and is the co-author of Occupational Safety and Health Management Systems: The Potential Outcome of the ANSI Z-10 Accredited Standards Committee.

Donna M. Ward, RN, ADN, is a consultant in workers' compensation/occupational health services at DWA Consulting in Quincy, Massachusetts. Ms. Ward received her RN and ADN from Massasoit Community College. She is the former Director, Office of Health Policy for the Massachusetts Department of Industrial Accidents. Ms. Ward has written and lectured extensively on workers' compensation and worker health issues.

3:30-4:30 Breakout Sessions:
The Epidemic of CRPS-1 (formerly known as RSD) Claims: Accept Such Claims at Your Own Risk, and with Considerable Risk for the Claimant

By Robert J. Barth, PhD

Professional literature has clarified that claims of CRPS-1/RSD are usually false. Dr. Barth will explain the validity and reliability problems that plague this diagnostic concept. Topics will include the contra-indications of injury-relatedness, common evaluation shortcomings, confounding factors, and common treatment proposals that are actually harmful and unjustifiable. Dr. Barth will offer practical, cost-effective suggestions on how to deal with CRPS-1 claims.

Robert J. Barth, PhD is a neuropsychologist and a Fellow of the National Academy of Neuropsychology. His practice, Southeastern Neuroscience, has offices in Chattanooga, Tennessee and Birmingham, Alabama. His educational background includes Harvard Medical School - Massachusetts General Hospital post-doctoral fellowship training, and Harvard Medical School - Massachusetts General Hospital pre-doctoral internship training, following his PhD work at the University of South Florida. Dr. Barth has developed a specialized focus on creating clinical protocols specifically for workers' compensation cases and personal injury claims. Dr. Barth has written and lectured extensively on psychological and occupational health issues

OR Common Classes of Medications for Injured Workers: Controlling Costs

By Michael K. McQuilken, PharmD, RPh

Dr. McQuilken will discuss past trends in medications and compare it to today's common classes of drugs. He will review the use of generic medications, over the counter drugs, and the cost of common medications. He will explore the new trends for treating injured workers. Dr. McQuilken will explain why some medications are prescribed and the ways in which the cost of medications can be monitored.

Michael K. McQuilken, PharmD, RPh, is currently the Vice President of Payor Services for Direct CompRx. He sits on the Board of Advisors for the Florida Board of Pharmacy and is an advisor for the National Pharmacy Technician Program. He is a graduate of the University of Florida where he received his Bachelor Degree in Chemistry. He also attended Mercer University School of Pharmacy, where he received his BS and Doctorate Degree in Pharmacy. Dr. McQuilken completed his residency and fellowship in Infectious Disease and Pain Management at Emory University School of Medicine and Emory Hospital in Atlanta, Georgia. Dr. McQuilken has published numerous articles addressing the use of medications for the injured worker. He has helped develop national formularies specific for injured workers and regularly lectures regarding the proper use of medications for the injured worker.

OR Minimizing Lost Days From Work Due to Workers' Compensation Injuries: Light Duty, Alternative Employment, and Earning Capacity

By Lawrence P. Postol, Esquire

 

         

Attorney Postol will review in detail how employers can set up light duty programs, and also how they can show the availability of suitable alternative employment in the open labor market. Light duty programs must be carefully managed so they reduce liability, while still remaining productive. Time limits should be placed on enrollment of workers in such programs, and the requirements of the Americans With Disabilities Act (ADA) must also be considered. Where light duty is not available, an employer can still show suitable alternative employment in the open labor market through a vocational rehabilitation counselor. He will explain how to set up and manage a light duty program, and how to utilize vocational rehabilitation experts to either show the availability of suitable light duty employment - a labor market survey, or to actually try to place an injured worker in such work. Attorney Postol will discuss the pros and cons of light duty programs, and how to carefully manage them. The use of vocational experts will also be discussed. Attorney Postol will offer practical advice on how to set up light duty programs, when to retain a vocational rehabilitation counselor, and how to effectively use such an expert.

4:45-6:00 Reception-Hors d'Oeuvres
   
Wednesday  July 21, 2004
8:00-9:00 Registration, Continental Breakfast, and Exhibits
9:00-10:00 How Employers Can Positively Impact State Workers' Compensation Reform: Making a Difference

By Eric J. Oxfeld, Esquire

Attorney Oxfeld will review the political process for enacting positive changes in state workers' compensation programs, including the role of state officials (the governor, state legislators, and the workers' compensation agency), as well as individual employers, state business associations, and other interest groups such as insurance carriers and agents, labor unions, the claimants' bar, and the medical community. He will discuss the importance of establishing and insisting on solid financial goals for reform - e.g., to eliminate imminent rate increases and ensure stable costs in the future. Attorney Oxfeld will explain the common cost drivers that must be addressed in many states as well as how to identify corrective changes that address cost drivers unique to each state. He will demonstrate that government officials do listen when business has the right message and is united. Attorney Oxfeld will offer practical advice on how an employer can improve its bottom line by becoming engaged in efforts to enact meaningful system changes and by staying involved.

Eric J. Oxfeld, Esquire, serves as President of UWC - Strategic Services on Unemployment & Workers' Compensation located in Washington, DC. It is the only national association exclusively devoted to providing legislative/regulatory representation for the business community in connection with the unemployment insurance and workers' compensation programs. Attorney Oxfeld is a member of the District of Columbia bar and holds a JD from the National Law Center at George Washington University and a BA from Yale University in Russian Studies. Attorney Oxfeld previously served as Assistant General Counsel at the American Insurance Association (AIA), where he headed the Law Department workers' compensation reform legislation nationwide. Questions and Answers

10:00-11:00 Presenteeism in the Workplace: Implementing Programs That Work

By Pamela Hymel, MD, MPH, FACOEM

Dr. Hymel will review the basic components of presenteeism and of programs that address the issues surrounding both absenteeism and presenteeism. She will discuss how to implement programs that focus on improving the health related productivity of the workforce, with an emphasis on wellness, disease management and integrated disability programs. She will explain a disability management program and offer suggestions on easing implementation, avoiding pitfalls and focusing on metrics to understand the impact of the program. She will offer practical, cost-effective advice on how to evaluate metrics to determine which programs and interventions might have the most significant impact on a population. She will demonstrate the savings generated at one company over the past seven years, discuss a pilot project underway at Hughes Electronics and suggest how other organizations might want to approach similar initiatives.

Pamela Hymel, MD, MPH, FACOEM, is Vice President, Human Resources-Medical Services, Benefits, and HR Systems at Hughes Electronics Corporation in El Segundo, California. She received her BS from the University of California, Irvine and her MD from Louisiana State University. Dr. Hymel is board certified in occupational medicine and internal medicine and has written and lectured extensively on occupational medicine, work loss, and workplace productivity. Dr. Hymel developed, designed, negotiated, implemented, and administered all benefits, disability, occupational medicine, EAP, and workers' compensation programs for the corporation worldwide. Dr. Hymel is Treasurer of the American College of Occupational and Environmental Medicine and co-chair of the ACOEM Health and Productivity Task Force.

11:00-11:10 Break and Networking Opportunity
11:10-12:00 Reducing Workers' Compensation Litigation and Costs: How Occupational Health Professionals Can Help

By H. Douglas Jones, Esquire

Attorney Jones will review the interrelationship between patient care, client expectations, and costs. He will explore whether it is really possible to keep everyone happy, collaborative goals, and responsibilities. Attorney Jones will discuss care and its effect on outcomes and costs including timely access, pain management and other specialists, conservative treatment vs. surgical intervention, utilization review, maximum medical improvement, residual functional capacity, and return to work. Attorney Jones will offer practical advice on maximizing care while at the same time reducing litigation.

H. Douglas Jones, Esquire, is the managing partner and trial lawyer in the Florence, Kentucky law firm of Jones Dietz & Schrand PLLC. He received his BA from the University of Kentucky in Journalism and his JD from Northern Kentucky University - Salmon P. Chase College of Law, where he also teaches a course in workers' compensation law. Attorney Jones has written extensively and lectured both nationally and internationally on all aspects of workers' compensation law. He is a member of the Steering Committee of the Kentucky Workers' Compensation Research Institute, Kentucky Defense Counsel, Inc., and was selected as a member of The Best Lawyers in America, 2003-2004. He is co-author of three editions of Workers' Compensation In Kentucky.

12:00-1:30 Seminar Luncheon (Provided)
1:30-2:55 Breakout Sessions:
FMLA Compliance In Depth: Practical, Cost-Effective Solutions

By Elizabeth M. McIntyre, Esquire

Attorney McIntyre will provide practical instruction on the use of notice forms and medical certification forms, when and why to send incomplete or confusing medical certification back to the physician for clarification, the prohibition on direct communication with physicians, and what to do if the employee returns the medical certification late or not at all. She will explain when and why getting second and third opinions can be beneficial or simply a waste of time, how to select doctors for a second and third opinion, and how to compromise over conflicting medical diagnosis, as well as the steps to take when the employee fails to cooperate with the second and third opinion process. Recognizing that employees diagnosed with chronic conditions often present unique problems, Attorney McIntyre will focus on practical solutions for these employees and demonstrate strategies for how to avoid, catch, and/or stop FMLA abusers. Attorney McIntyre encourages questions from attendees and will use real life examples in her presentation.

Elizabeth M. McIntyre is a member of the Grand Rapids, Michigan business and employment law firm of Miller, Johnson, Snell & Cummiskey. Attorney McIntyre received her BA from Michigan State University and her JD from Wayne State University Law School. Attorney McIntyre is a frequent speaker to professional organizations on the topics of harassment in the workplace, the Family and Medical Leave Act, the Americans With Disabilities Act, the Age Discrimination on Employment Act, legal considerations in hiring and firing, diversity and discrimination, alternative dispute resolution (ADR) methods and practice, employee privacy rights, the independent contractor relationship, the Fair Labor Standards Act, and many other employment-related topics. Attorney McIntyre is a past Vice Chair of Miller, Johnson's Employment and Labor Relations Section. Attorney McIntyre has given workshops, seminars, and spoken extensively on FMLA compliance and practical solutions.

OR Optimizing Return to Work: Understanding the Incentives

By Elizabeth Genovese, MD

Dr. Genovese will discuss how one can never fully craft a solution for a given problem without understanding the incentives that influence the behaviors of the involved parties. She will review the very different incentives of patients, employers, insurers, and physicians, and how these are then reflected in their behaviors. Dr. Genovese will explain what questions one should ask in analyzing any situation where there are actual or potential indemnity costs associated with lost time in order to understand the viewpoints of all parties involved. She will demonstrate how understanding the answers to these questions can allow one to proactively manage situations in a way that begin to minimize lost time costs. Dr. Genovese will offer practical, cost-effective suggestions for how to improve the number of patients who return to work, or, better yet, stay at work, by effecting alterations in policy and procedures that promote desired outcomes.

Elizabeth Genovese, MD, MBA, FAADEP, received her BA from Harvard, her MD from the University of Pennsylvania, and her MBA from the Wharton School. She is board certified in Internal Medicine and Preventative (Occupational) Medicine. Dr. Genovese is Medical Director and part-owner of IMX (Independent Medical Management Services, Inc.) in Bala Cynwyd, Pennsylvania. She consults for Mercy WorkCare, and maintains a small Internal Medicine practice focusing primarily on preventative medicine and the management of menopausal women. Dr. Genovese is an adjunct professor at the University of Pennsylvania School of Medicine and has also lectured for the American College of Occupational and Environmental Medicine (ACOEM), the American Academy of Disability Evaluation Physicians (AADEP) and various non-medical audiences. She chairs ACOEM's Coding and Classification Committee, and is on other ACOEM committees, the AMA CPT coding advisory panel, and the AADEP Board of Directors.

OR Work and Well-being: Putting the Pieces Back Together

By Lee S. Tonet, MS, RN, CRC

Mark Kenneth Benander, PhD, and

Charles D. Del Tatto, PT

Ms. Tonet, Dr. Benander, and Mr. Del Tatto will discuss the early identification and integration of work background/history in the recovery process for injured/ill workers. They will explain the value of work and its effect in the restoration of the highest level of functioning. Ms. Tonet, Dr. Benander, and Mr. Del Tatto will offer practical, cost-effective advice on the "when" and "how" to progress in the physical restoration process.

Lee S. Tonet, MS, RN, CRC, is a disability nurse consultant in Springfield, Massachusetts. She received her RN from Hartford Hospital School of Nursing, her BS from St. Joseph's College, and her MS from the University of Southern Maine. She is a Certified Rehabilitation Counselor and Certified Case Manager.

Mark Kenneth Benander, PhD, is a consulting psychologist in Amherst, Massachusetts and is a clinical instructor at Tufts University School of Medicine. He received his BS, MEd, and PhD from the University of Massachusetts at Amherst.

Charles D. Del Tatto, PT, is a physical therapist, Clinical Director of Industrial Rehabilitation Associates in Holyoke, Massachusetts, and owner of Injury Risk Management in Easthampton, Massachusetts. He received his Certificate of Physical Therapy and his BS from New York University.

3:00-4:30 Breakout Sessions:
Ergonomics in the Workplace: Cost-Effective Solutions

By Mark A. Anderson, MA, PT, CPE

Mr. Anderson will discuss job performance strategies, people factors, work station design, and environmental and management factors which lead to feasible, cost-effective ergonomic solutions. Mr. Anderson will demonstrate effective use of ergonomic applications in the workplace through the use of case studies from numerous industries. He has used videotape to capture data over the past fifteen years. The presentation format is interactive, involving the attendees by asking them to enter into the role of consultant to assess and offer suggestions and then view the actual changes made. With an emphasis on reasonable and feasible applications, the attendees walk away with added insight into the use of practical ergonomics in their workplace.

Mark A. Anderson, MA, PT, CPE, is President of ErgoSystems Consulting Group in Minneapolis, Minnesota. He received his BS from the University of North Dakota, and his MA and CPE from the University of Iowa. Mr. Anderson is certified as an ergonomist and physical therapist and has worked in the health care field for 25 years. He authored the chapter, "Ergonomics: Analyzing Work from a Physiological Perspective" in The Comprehensive Guide to Work Injury Management and most recently The Science of Ergonomics Study Guide. Mr. Anderson has developed well-received workshops including Reducing Injuries in the Workplace and Ergonomics - The Tool Box Approach and is the course director for the Federal Occupational Safety and Health Applied Ergonomics (OSHA 225) course. Mr. Anderson has written and lectured extensively on ergonomics in the workplace.

OR Essential Job Duties: Making Recommendations for Appropriate Accommodations/Modified Duties

By Stefanos N. Kales, MD, MPH, FACP

Dr. Kales will review strategies for making appropriate modified duty recommendations for injured employees, as well as the medical decision process for deciding whether reasonable accommodations can be made for employees with disabilities. He will illustrate both areas with case vignettes of varying complexity. Dr. Kales will emphasize the need for effective communication between health providers, supervisors and human resources to develop the most practical recommendations. He will discuss modified duty as a key element in successful return to work and cost-containment strategies.

Stefanos N. Kales, MD, MPH, FACP, is the Medical Director, Employee Health & Industrial Medicine at the Cambridge Health Alliance and Assistant Professor at the Harvard Medical School & Harvard School of Public Health in Boston, Massachusetts. He received his BS from Bucknell University, his MD from Harvard Medical School, his MPH from Harvard School of Public Health, and is Board Certified in both Occupational and Internal Medicine. Dr. Kales has lectured and conducted occupational health research on three continents, and has published over 30 scientific articles. He is particularly interested in fitness for duty and has extensive experience conducting independent medical examinations. In his current role, Dr. Kales coordinates the occupational health needs of over 4,000 internal employees and numerous external clients.

OR Latest Developments in Disability Law for Occupational Health Professionals

By Miguel Escalera Jr., Esquire

  Attorney Escalera will review the latest legal developments that impact on occupational health professionals. He will discuss the most recent court decisions and EEOC regulatory guidance and their impact on the role of occupational health professionals in rendering medical opinions with regard to injured, impaired and disabled workers. Attorney Escalera will explain the changing obligations of occupational health professionals with regard to the substantive content of medical reports, patient confidentiality, and the appropriate factual and legal basis for medical opinions with regard to an employee's capacity to safely perform their job functions. He will demonstrate the best practices for occupational health professionals in rendering medical opinions that are well grounded factually and legally. Attorney Escalera will offer practical, cost-effective advice on how occupational health professionals can render medical opinions that are most useful to employers, employees, insurers, attorneys, hearing officers and judges.

Miguel A. Escalera Jr., Esquire, is a partner and trial lawyer at the Hartford, Connecticut law firm of Kainen, Escalera & McHale, PC. He received his BS degree in history and diplomacy from Georgetown University, his JD degree from Washington College of Law, American University, and his Masters of Law degree from The Judge Advocate General's School. The emphasis of Attorney Escalera's practice is labor and employment law and litigation. He served with the Army Judge Advocate General's Corps for nine years where he engaged in extensive criminal and civil litigation. Attorney Escalera was last stationed at the Pentagon where he acted as lead counsel defending Army and Department of Defense officials in employment discrimination suits for the Army Litigation Division. Since 1990, Attorney Escalera has been exclusively defending private and public sector employers in labor and employment matters. Attorney Escalera has defended numerous employment discrimination and wrongful termination suits in various state courts, federal district courts, and United States Courts of Appeal. He has written and lectured extensively on the Americans with Disabilities Act, sexual harassment, drug testing, wage and hour compliance, and avoiding wrongful termination suits.

   
Thursday  July 22, 2004
8:00-9:00 Continental Breakfast and Exhibits
9:00-10:00 Characteristics of Successful Worksite Wellness Programs: Reducing Health Care Costs, WC Costs, and Absenteeism

By Don R. Powell, PhD

Dr. Powell will review the key components that enable wellness programs to achieve a Return on Investment (ROI). He will discuss how comprehensive a wellness program should be and a variety of program options. Dr. Powell will demonstrate how to maximize employee participation and why it is important to offer programming with immediate benefits. He will explain the legal implications of worksite wellness. Dr. Powell will also offer practical, cost effective advice on how to design and implement wellness programs. Finally, peer reviewed research studies will be presented that document the health and economic benefits of worksite wellness in order to convince executive management of its importance.

Dr. Don R. Powell is the President and CEO of the American Institute for Preventive Medicine located in Farmington Hills, Michigan. The Institute is a leading developer and provider of wellness programs and self-care publications. Dr. Powell is a licensed psychologist who earned his BA, MSW, MA, and his PhD from the University of Michigan. He also taught in the University's Psychology Department for eight years where he was nominated for the "Distinguished Teaching Award" and presently serves as a guest lecturer. He is the author of eighteen best-selling self-care books including Health at Home: The Complete Guide to Symptoms, Solutions, and Self-Care, the HealthyLife Self-Care Guide, which was the winner of the National Health Information's "Excellence in Health Education Award" and A Year of Health Hints. He also wrote a nationally syndicated newspaper column and has published many professional articles. Dr. Powell has received numerous awards for his work in health promotion, including the 2001 Hod Ogden Medal from the Centers for Disease Control and the Distinguished Leadership and Service Award from the Association for Worksite Health Promotion

10:00-11:00 Examination of the Spine: Physical Examination and Imaging

By Gunnar B.J. Andersson, MD, PhD

Dr. Andersson will discuss the physical examination and different imaging techniques used to evaluate patients with back pain. He will review the knowledge about the sensitivity and specificity of these different tests, discuss the utility of the tests and offer practical advice on how to examine a patient with back pain and relate the examination to clinical syndromes of back pain.

Gunnar B.J. Andersson, MD, PhD, is the Chairman of the Department of Orthopedic Surgery at Rush-Presbyterian-St. Luke's Medical Center and the William A. Hark, MD - Susanne G. Swift Professor at Rush Medical College in Chicago, Illinois. He received his MD and PhD degrees from the University of Goteborg in Goteborg, Sweden. Dr. Andersson is on the board of eight journals including Spine, Journal of Occupational Rehabilitation, Journal of Biomechanics, and Journal of Back and Musculoskeletal Rehabilitation. He is the author of 212 original papers, 143 books or book chapters, and 337 abstracts on orthopedics, back pain, disability, and related medical topics. He has also lectured nationally and internationally on these topics. He was the senior editor of the 5th Edition of the AMA Guides.

11:00-11:10 Break and Networking Opportunity
11:10-12:00 Golden Age Problems Equals Workers' Compensation Gold: The Aging Workforce

By James E. Pocius, Esq. and David R. Cooper, MD

Attorney Pocius and Dr. Cooper will discuss and provide specific information and practical advice as to what medical conditions can be work-related and what conditions are age related. Attorney Pocius and Dr. Cooper will deal primarily with musculoskeletal conditions. Attorney Pocius and Dr. Cooper will invite the attendees to participate in the session.

James E. Pocius, Esquire, is a trial attorney and partner with the Scranton, Pennsylvania law firm of Marshall, Dennehey, Warner, Coleman & Goggin. He received his BA from Penn State University and his JD from Duquesne University School of Law. Attorney Pocius has written and lectured extensively in the field of workers' compensation. Attorney Pocius is a member of the Pennsylvania Defense Institute and concentrates his practice in the defense of workers' compensation and Federal Black Lung claims.

David R. Cooper, MD, is a board certified orthopedic surgeon with offices in Wilkes-Barre, Pennsylvania. He received his BA from Harpur College and his MD from Thomas Jefferson University. Dr. Cooper has lectured and spoken extensively on orthopedic injuries, the AMA Guides, and the medical aspects of the disability impairment evaluation. Dr. Cooper was a Lieutenant in the United States Navy for nine years and is currently attending orthopedic surgeon for the Pocono International Raceway.

12:00-1:30 Lunch (On Your Own) and Exhibits
1:30-2:25 Breakout Sessions:
DOT Medical Examinations: Current Issues and Latest Developments in Commercial Driver Medical Examinations

By Natalie P. Hartenbaum, MD, MPH

There are many considerations that must go into the determination of whether a commercial driver meets the medical and regulatory requirements for certification. Regulations are occasionally updated and new guidance information and medical literature becomes available. This session will review new and pending regulations from the Federal Motor Carrier Safety Administration (FMCSA) regarding the examination and supporting information. Topics will include the new cardiovascular guidelines and the exemption program for drivers taking Insulin. Reports from FMCSA research and related recommendations from the National Transportation Safety Board (NTSB) will also be reviewed.

Natalie P. Hartenbaum, MD, MPH, is the Chief Medical Director of OccuMedix in Dresher, Pennsylvania. 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 is the author of the DOT Medical Examination: A Guide to the Commercial Driver Medical Certification and is Editor in Chief of the Commercial Driver Medical Examiner. Dr. Hartenbaum has written and lectured extensively on the DOT Medical Examination and other occupational health issues.

OR How to Expand Your Practice: Legal Nurse Consulting and Life Care Planning

By Michael F. Saulino, MD, PhD, and

Ellen M. Barker, MSN, RN, APN, CLCP

Ms. Barker and Dr. Saulino will discuss how nurses can serve as a liaison between the legal and healthcare communities. They will explain the collaborative relationship between physicians, attorneys, and insurance companies, or payors, in the litigation process. Dr. Saulino and Ms. Barker will review a case study to demonstrate how to prepare a Life Care Plan for litigation. They will demonstrate the benefits of a Life Care Plan for individuals with catastrophic injuries or chronic debilitating diseases. Ms. Barker and Dr. Saulino will offer practical suggestions on how to get started as a legal nurse consultant (LNC) and Life Care Planner (LCP) and become familiar with legal theory and the litigation process.

Michael F. Saulino, MD, PhD, is an Attending Physiatrist at Magee Rehabilitation Hospital and Assistant Professor, Department of Rehabilitation Medicine at Thomas Jefferson University in Philadelphia, Pennsylvania. Dr. Saulino received his BS from Villanova University and his MD and PhD from Hershey Medical Center, College of Medicine, Pennsylvania State University. Dr. Saulino has written and lectured extensively on stroke and spinal cord injuries, and is co-author with Ms. Barker for a chapter in the ACLM: Legal Medicine, 6th edition, on Life Care Planning: Ethical and Legal Issues.

Ellen M. Barker, MSN, RN, CNRN, is in private practice and the President of Neuroscience Nursing Consultants located in Greenville, Delaware. She received her BSN from the University of Delaware and her MSN from Widener University with a clinical specialization in Neuroscience Neurorehabilitation Nursing. Ms. Barker is a nationally recognized speaker, has written and lectured extensively on stroke and spinal cord injury, and teaches a course on legal nurse consulting and life care planning at the University of Delaware.

OR Medical Care in Workers' Compensation Cases: Reasonableness, Necessity, Compensability, and Utilization Review

By Donald B. Kirkpatrick, II, Esquire

Attorney Kirkpatrick will review the necessity and usefulness of Utilization Review. He will discuss the implementation of the UR program. Attorney Kirkpatrick will explain the "team effort" to accomplish the goals of UR. Attorney Kirkpatrick will offer practical, cost-effective suggestions on how employers, self-insureds, and insurers can use this mechanism in their day to day handling or workers' compensation matters. Donald "Bo" Kirkpatrick, II, is a trial attorney with the Birmingham, Alabama law firm of Carr, Allison, Pugh, Howard, Oliver & Sisson, PC. He received his BA from Auburn University and his JD from Cumberland School of Law of Samford University. Attorney Kirkpatrick is a member of the American Bar Association, Alabama State Bar, Alabama Defense Lawyers Association, and Defense Research Institute. He has lectured extensively on workers' compensation issues to business, health, and insurance groups, and represents a number of insurance companies, self-insureds, and corporations.
2:30-3:25 Breakout Sessions:
The Impact of the HIPAA Privacy Rule on Employers and Occupational Health Practice

By David A. Cossi, Esquire

Attorney Cossi's presentation will address the impact on employers of the Health Insurance Portability and Accountability Act's ("HIPAA") medical information privacy rule. While employers are not covered entities under HIPAA, the Act's Privacy Rule impacts the occupational health practices of employers to a great extent. Employers can have covered components that they are required to designate as covered entities under the Rule. The Privacy Rule also raises questions for employers such as how to address occupational health issues like workers' compensation, the Americans with Disabilities Act, Family and Medical Leave Act, and Department of Transportation screenings. How do employers interact with covered occupational health providers under HIPAA? How do they interact with their own covered components? When will employers need authorizations to comply with the Privacy Rule and what is the required content of authorizations? Within the context of the above discussion, covered entities, protected health information, and permitted uses and disclosures of protected health information will be defined and reviewed.

David A. Cossi, Esquire, received his BS from Western Michigan University and his JD from Hamline University School of Law. He is a partner in The General Counsel Ltd. law firm and Director of the Effective Employment Practices Institute. He is certified by the National Institute for Trial Advocacy to teach lawyers trial skills and has served as an adjunct professor at the University of Minnesota, in the division of Occupational Health and Safety in the School of Public Health where he teaches classes on the ADA and FMLA to graduate students. He has been twice named as a "Super Lawyer" by Law and Politics magazine in the field of Employment Law. Attorney Cossi has had more than twenty years of providing legal advice to business clients. His extensive litigation and risk management experience enables him to readily communicate effective methods for reducing the risk of employee lawsuits. He is the author of the 10 Ways the New HIPAA Medical Information Privacy Rule Impacts Employers, Employment Law Compliance Manual, Medical Inquiries and Exams in the Workplace, and co-author of FMLA Alert and Work and Family: Policy and Program Options Affecting Occupational Health. He has lectured extensively on employment related issues.

OR Preventing Acute Low Back Pain From Becoming Chronic: Psychosocial Yellow Flags

By Julie M. Fritz, PhD, PT, ATC

Dr. Fritz will review psychosocial factors that have been shown to adversely impact the recovery of an individual from an acute onset of low back pain. She will discuss the specific implications of heightened fear avoidance beliefs about work activities, and how these attitudes and behavior can negatively affect a worker's ability to rapidly and safely return to work. Dr. Fritz will explain how yellow flags, including fear avoidance beliefs can be screened for as part of a comprehensive assessment of an injured worker. Dr. Fritz will offer practical, cost-effective advice on the management of individuals who exhibit yellow flags in an effort to decrease the likelihood of prolonged disability and work loss.

Julie M. Fritz, PhD, PT, ATC, is an Assistant Professor in the Department of Physical Therapy at the University of Pittsburgh. She received her BA from Hope College, her MS in Physical Therapy from the University of Indianapolis, and her PhD from the University of Pittsburgh. Dr. Fritz has written and lectured extensively on occupational low back pain and has done substantial research in the area as well. Dr. Fritz is a Licensed Physical Therapist as well as a Certified Athletic Trainer. Dr. Fritz is the recipient of the Jack Walker Award and the Rose Excellence in Research Award for her physical therapy work.

OR Using Functional Capacity Evaluations in Occupational Health Settings: Best Practices

By Sandra J. Simpson, APRN, BC, COHN-S, CCM

Ms. Simpson will review components of a functional capacity evaluation. She will discuss reasons for conducting a FCE. Ms. Simpson will explain limitations of the evaluation. Ms. Simpson will offer practical advice on utilizing functional capacity evaluations in an occupational health setting.

Sandra J. Simpson, APRN, BC, COHN-S, CCM, is manager for Occupational Health Services at Schering-Plough in Memphis, Tennessee. She received her BS in Nursing from Northern Michigan University, her MS from the University of Memphis, and her MS in Nursing from the University of Tennessee. Ms. Simpson has lectured and written extensively on workers' compensation and occupational health issues. She is the author of The Role of Functional Capacity Evaluations in Occupational Health Settings and is a past recipient of the State Award for Excellence from the American Academy of Nurse Practitioners.

3:30-4:30 Breakout Sessions:
Does Disc Degeneration Disease Cause Pain and Disability?

By Gunnar B.J. Andersson, MD, PhD

Dr. Andersson will discuss the basic science of disc degeneration and how it potentially could be the source of back pain. He will talk about the difference of diagnosing disc degeneration and diagnosing pain originating from the discs. He will review the different treatment alternatives for disc degeneration. He will emphasize the uncertain relationship between disc degeneration and back pain and explain which basic clinical features best fit with the diagnosis of painful disc degeneration.
OR Settlement of Workers' Compensation Cases: The Impact of the Medicare Secondary Payor Act on Workers' Compensation Settlements

By Donald B.Kirkpatrick, II, Esquire

Attorney Kirkpatrick will explain the "recent revival" of the Medicare Secondary Payor Act. He will discuss the effects it has on workers' compensation settlements. Attorney Kirkpatrick will review recent case law and examples of the utilization of Medicare Set-Asides. Attorney Kirkpatrick will offer practical advice on how employers, self-insureds, and insurers can use this process so that all are protected.
OR Latest Developments on Spine and Stroke Rehabilitation

By Michael F. Saulino, MD, PhD, and

Ellen M. Barker, MSN, RN, APN, CLCP

Dr. Saulino and Ms. Barker will review stroke and spine as two major neurologic diseases that can result in permanent functional impairment. They will discuss the latest research findings on body weight supported treadmill training (BWSTT) for traumatic spinal cord injury (SCI). Dr. Saulino and Ms. Barker will review two important ongoing multicenter trials. Part one will summarize the use of partial body weight supported treadmill training (BWSTT) for ambulation recovery in acute spinal cord injured patients. Part two will review the application of constraint induced therapy (CIT) for upper extremity dysfunction in subacute stroke patients. They will offer practical advice on spine and stroke rehabilitation.
SEAK in Hyannis -- July 2004
       
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