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25th Annual
National Workers’ Compensation and Occupational Medicine Conference

July 19, 20, & 21, 2005

detailed schedule
continuing education credits

Four Points by Sheraton Hyannis Resort, Hyannis, MA

registration information
registration form

 

Topic & Speaker Descriptions

Tuesday, 7/19

Wednesday, 7/20
 

Thursday, 7/21
Tuesday  July 19, 2005
8:00-9:00 Registration, Continental Breakfast, and Exhibits 
9:00-10:00

The Future of Occupational Medicine: 2005 and Beyond

By Robert J. McCunney, MD, MPH, MS

Dr. McCunney will review the challenges and opportunities that occupational health professionals will face in the future. He will discuss new technologies and enhanced methods of addressing health risks. Dr. McCunney will identify the emerging role that occupational health professionals will play in the prevention of disease through oversight and participation in health initiatives at the worksite. Dr. McCunney will offer practical suggestions on how astute occupational health professionals can focus on prevention, treatment, and reduction in disability from work by recognizing opportunities for integrating the health of people at work with their general well being.

Robert J. McCunney, MD, MPH, MS, is a research scientist at the Massachusetts Institute of Technology Department of Biological Engineering where he participates in clinically related research pertaining to occupational and environmental health hazards. In addition, Dr. McCunney is a staff physician at Massachusetts General Hospital, pulmonary division and medical consultant to the Cabot Corporation. Dr. McCunney received his BS from Drexel University, his MS from the University of Minnesota, and his MD from the Thomas Jefferson University Medical School. Dr. McCunney has written and lectured extensively both nationally and internationally on occupational health, is a past President of ACOEM and is a lecturer in medicine at Harvard Medical School. He is the Editor of all three editions of A Practical Approach to Occupational and Environmental Medicine, the most recent edition of which was published in 2003. Dr. McCunney received the Health Achievement Award from ACOEM in 2004. Questions and Answers

10:00-11:00

Practicing Preventative Workers’ Compensation: Why Employees Hire Workers’ Compensation Attorneys

By Paul E. Jones, Esq.

Attorney Jones will discuss how employers can control their own destiny in workers’ compensation claims. He will explain the employer’s role in workers’ compensation and will, starting with the interview process and pre-employment physical, take employers through a contested workers’ compensation claim. Attorney Jones will offer practical suggestions on the use of affirmative and other defenses in workers’ compensation claims.

Attorney Paul E. Jones is a partner and trial attorney in the Pikeville, Kentucky workers’ compensation defense firm of Jones, Walters, Turner & Shelton. He received his BA from Eastern Kentucky University and his JD from the Salmon P. Chase College of Law. Attorney Jones has written and lectured extensively on workers’ compensation, occupational diseases, workers’ compensation fraud, and direct and cross-examination of medical experts in workers’ compensation cases. Attorney Jones is a member of the Kentucky Bar Association and the Kentucky Defense Counsel. Questions and Answers

11:00-11:10 Break and Networking Opportunity
11:10-12:00

Substance Abuse in the Workplace: The Latest Developments 2005 and Beyond

By Kathleen Golden McAndrew MSN, APRN, BC, ANP, COHN-S, FAAOHN

Ms. Golden McAndrew will review the national statistics on drug and alcohol abuse. Ms. Golden McAndrew will identify the signs and symptoms of the seven drug categories. She will explain the latest substance abuse trends and their impact on the workplace. She will illustrate the components of a drug free workplace program. Ms. Golden McAndrew will offer practical cost-effective suggestions on how to identify the impaired employee.

Kathleen Golden McAndrew, MSN, APRN, BC, ANP, COHN-S, FAAOHN, is the Assistant Vice Chancellor, Student Affairs, and Executive Director of University Health Services at the University of Massachusetts, Boston. She received her BS from Columbia Pacific University and her MS from Simmons College. Ms. Golden McAndrew has conducted research, lectured, and written extensively on substance abuse in the workplace. Ms. McAndrew is an Associate Drug Recognition Expert (DRE) Instructor. Questions and Answers

12:00-1:30 Lunch (On Your Own) and Exhibits
1:30-2:25 Breakout Sessions:  Choose One

OSHA Recordkeeping: The Latest Developments

By Patrick J. Beecher, MD, MPH

Dr. Beecher will present an overview of OSHA’s recordkeeping guidelines. He will review the definitions, issues, and major misconceptions concerning these guidelines. Dr. Beecher will explain the rationale behind the development and use of the statistical data generated by the recordkeeping guidelines. Dr. Beecher will offer practical advice on how to comply with these difficult and confusing guidelines.

Patrick J. Beecher, MD, MPH, MBA, is currently Group Medical Director, Corporate Medical Operations for General Motors Corporation and former Medical Director for Occupational Health and Safety of Ford Motor Company. He received his BA, BS, and MPH from the University of Washington, his MBA from City University, and his MD from George Washington University Medical School. Dr. Beecher is Board Certified in Occupational and Environmental Medicine and is a Fellow of the American College of Occupational and Environmental Medicine. Dr. Beecher is a Past President of the Michigan Occupational and Environmental Association. Questions and Answers

OR

Trial Demonstration: The Contested Hearing Loss Case
By Stephen Freifeld, MD - Expert Witness
Jon L. Gelman, Esq. - Plaintiff’s Counsel
Paul E. Jones, Esq. - Defense Counsel

The parties will engage in a mock workers’ compensation trial demonstration. The claimant is 50 years old and has been exposed to industrial noise for 27 years. He served in the Armed Services, has high blood pressure, and has been a hunter in the past. The claimant has left his employment and filed for industrial hearing loss. He has been diagnosed with bilateral hearing loss of a mixed type: sensory and conductive. Dr. W. found a 9% impairment under the AMA Guides and Dr. F. found a 3% rating. The issue will be how much of the hearing loss is industrial and compensable. A panel discussion will follow.

Stephen Freifeld, MD, is a practicing otolaryngologist in Springfield, New Jersey, and Medical Director of SEAK, Inc. He received his BA from Cornell University and his MD from New York Medical College. Dr. Freifeld is board certified in otolaryngology, head and neck surgery, a Fellow of the American College of Surgeons, a Fellow of the American Academy of Disability Evaluating Physicians and certified by the American Independent Medical Examiners. In addition to performing surgery and treating patients within that specialty, he performs a variety of third party examinations. His clients include insurance companies, managed care organizations, state and local governments, corporations, and attorneys. Over 40,000 examinations for various clients have been performed since 1975 in Arizona, Arkansas, Florida, Iowa, Maryland, Massachusetts, New Jersey, New York, Tennessee, and Virginia.

Jon L. Gelman, Esquire, is a workers’ compensation trial attorney practicing in Wayne, New Jersey. He received his BA from Rutgers University and his JD from the John Marshall School of Law. Attorney Gelman is a prolific author in the field of workers’ compensation, including, Workers’ Compensation Law, Volumes 38, 39, and 39A, as well as the national treatise, Modern Workers’ Compensation. Attorney Gelman has lectured extensively in the field of workers’ compensation and is past Vice-President of the ATLA Workplace Injury Litigation Group and has been chosen for inclusion in Best Lawyers in America and Best Lawyers in New Jersey.

Attorney Paul E. Jones is a partner and trial attorney in the Pikeville, Kentucky workers’ compensation defense firm of Jones, Walters, Turner & Shelton. He received his BA from Eastern Kentucky University and his JD from the Salmon P. Chase College of Law. Attorney Jones has written and lectured extensively on workers’ compensation, occupational diseases, workers’ compensation fraud, and direct and cross-examination of medical experts in workers’ compensation cases. Attorney Jones is a member of the Kentucky Bar Association and the Kentucky Defense Counsel. Questions and Answers

OR

Risk Assessment: How Does Your Company Rate?

By Mary Lou Wassel, MEd, RN, COHN-S/CM, ARM

All businesses have inherent exposures to risk; it is how companies manage their risks that make them successful. During this session, Ms. Wassel will outline a framework for measuring and assessing exposures and prevention strategies in the area of workers’ compensation risk management. She will describe a process used in the insurance industry for assessing and rating a company’s performance in the workers’ compensation arena. Ms. Wassel will explain how to accurately analyze and use loss history to improve company outcomes. She will identify and make recommendations for strengthening corporate risk management and loss prevention efforts.

Mary Lou Wassel is a Senior Loss Control Representative for Companion Property & Casualty Group, a subsidiary of Blue Cross and Blue Shield of South Carolina. She received her Bachelor of Science in Nursing from the College of Mt. St. Joseph and her Master of Education from George Mason University. She is board certified in occupational health nursing and case management through ABOHN. Ms. Wassel is a Board member and Treasurer for ABOHN and the former Director of Professional Affairs for AAOHN. She holds the designation of Associate in Risk Management from the Insurance Institute of America. Ms. Wassel was the lead author of the chapter on Disability Case Management in the 2nd and 3rd editions of the Core Curriculum in Occupational Health Nursing. She has written and lectured extensively on occupational health, workers’ compensation, and return to work issues. Ms. Wassel is also a retired Captain in U.S. Navy Nurse Corps. In her current position, she works with a variety of employers throughout the Commonwealth of Virginia to assist them in improving their workers’ compensation results and return to work outcomes. Questions and Answers

2:30-3:25 Breakout Sessions

Understanding and Managing the Chronic Pain Patient: What Works and What Does Not Work

By Sridhar V. Vasudevan, MD

Dr. Vasudevan will discuss the differences between acute and chronic pain and the treatment approaches to manage pain. He will review the rehabilitation approaches for patients with chronic pain, and the integration of pharmacologic, interventional, and rehabilitation approaches in treating patients with chronic pain. Dr. Vasudevan will explain the difference between nocioception, pain, suffering, and pain related disability. Dr. Vasudevan will offer practical suggestions for identifying patients with chronic pain early and how to work with pain centers effectively.

Dr. Sridhar V. Vasudevan is a Clinical Professor of Physical Medicine and Rehabilitation at the Medical College of Wisconsin. He received his undergraduate degree from Secunderabad College and his MD from Marathwada University. Dr. Vasudevan has written and lectured extensively on chronic pain and the relationship between impairment and disability in the chronic pain patient. Dr. Vasudevan is the Founder and Past President of the American Board of Pain Medicine and is Past President of the Midwest Pain Society. He is Past President of the American Academy of Pain Medicine and the Wisconsin Society of Physical Medicine and Rehabilitation (PM & R). He serves on the Boards of the American Academy of PM & R, Wankesha County Medical Society, and the Wisconsin State Medical Society Political Action Committee. Questions and Answers

OR

Motivating Employees and Employers on Return to Work: The "Work as Therapy" Model That Works

By Sue-Sheila S. Keener

Ms. Keener will discuss how to make the team approach to managing disability and return to work produce dramatic results. She will review the primary goals of the holistic program. Ms. Keener will explain the key components of the program including changing the way we perceive injured employees, providing training to supervisors and employees, developing effective communication with treating physicians, and the injured/ill employee. Ms. Keener will offer practical, cost-effective suggestions on how attendees can utilize the successful experience of the Commonwealth of Virginia to develop their own innovative workers’ compensation program.

Sue-Sheila S. Keener is the Director of the Department of Human Resource’s Office of Workers’ Compensation for the Commonwealth of Virginia. Ms. Keener graduated magna cum laude from the Virginia Commonwealth University receiving her BS in safety and risk administration. She was selected to be a member of the Honor Society Phi Kappa Phi. She has previously worked as a claims adjuster, claims supervisor, and claims manager in her 30 years of risk management experience. Ms. Keener is responsible for 10,000 - 11,000 claims and $48 million annually in premiums. She lectured at the National Governor’s Association on Workers’ Compensation Best Practices and is consulted for advice on how to reduce workers’ compensation costs by other states. Questions and Answers

OR

Reducing Litigation Costs: An Insider’s View on What You Can Do To Eliminate/Reduce Legal Fees and Costs

By Richard W. Lenkov, Esq.

Attorney Lenkov will discuss how to analyze many workers’ compensation issues without consulting with counsel. He will explain how to force your attorney to "get the bottom line" and obtain maximum results from your attorney in a minimum amount of time. Attorney Lenkov will illustrate how to reduce excessive legal costs and force counsel to stick to a realistic budget. Attorney Lenkov will offer practical cost-effective suggestions on how to reduce legal fees and costs.

Richard W. Lenkov, Esquire, is a partner and trial attorney in the Chicago, Illinois law firm of BryceDowney, LLC. He received his BA from McGill University and his JD from Northern Illinois University. Attorney Lenkov is a member of the Illinois State Bar Association, the DuPage County Bar Association, the Illinois Workers’ Compensation Lawyers Association, the Workers’ Compensation Claims Association and the Defense Research Institute. Attorney Lenkov’s practice areas include workers’ compensation and personal injury defense. Questions and Answers

3:30-4:30 Breakout Sessions:

Managing Chiropractic Care in the Workplace: The Good, Bad and Ugly Providers

By Gary F. Ierna, DC

Dr. Ierna will review the appropriate utilization and case management of chiropractic care in the occupational medicine setting. He will discuss the specific types of chiropractic care that are and are not appropriate for acute and chronic low back pain, lumbar radiculopathy, and neck pain. He will compare the ACOEM, CSAG, AHCPR, and Mercy Guidelines with regard to the appropriateness of reasonable and necessary care. Dr. Ierna will offer practical suggestions on the specific keys to managing chiropractors in the workers’ compensation arena.

Gary F. Ierna, DC, is a practicing chiropractor at the NeuroMusculoSkeletal Institute in West Hartford, Connecticut. He received his DC from the New York Chiropractic College. Dr. Ierna is the Associate Medical Director of HealthDirect, Inc. and is an Assistant Professor at the NY Chiropractic College, Department of Postgraduate and Continuing Education. Dr. Ierna has written and lectured extensively on chiropractic issues, having presented over 250 clinical and scientific lectures. Questions and Answers

OR

Managing Workers’ Compensation Claims While Navigating the Treacherous Waters of the Medicare Secondary Payer Act

By Jon L. Gelman, Esq.

Attorney Gelman will review the significant impact the Medicare Secondary Payer Act is having on workers’ compensation settlements and resolutions. He will discuss what the parties must do to avoid extensive delay in the disposition of cases and how to avoid penalties, sanctions, and professional liability claims. Attorney Gelman will demonstrate how to become proactive with the rapidly expanding bureaucratic system that CMS (Centers for Medicaid and Medicare Services) is "operationalizing" to recoup potentially billions of dollars in conditional payments made to workers’ compensation claimants and Medicare beneficiaries. Attorney Gelman will explain why CMS is mandating approved set-aside arrangements in workers’ compensation claims for future medical care and how to best submit the proposals for quick approval. Attorney Gelman will offer practical suggestions on the new resources that are now available to you so that your responsibilities can be met in this newly emerging and vastly extensive area of the law. Questions and Answers

OR

IME Best Practices: Achieving Excellence in IME Management

By Stephen Freifeld, MD

 

Dr. Freifeld will discuss the use of IMEs, the excellent IME, and the best time to request an Independent Medical Evaluation. He will review most frequent IME mistakes, selecting the appropriate physician, assessing the evaluator, and minimizing the costs and maximizing the value of the IME. Dr. Freifeld will explain how to achieve excellence in the evaluation process with integrity. Questions and Answers

4:45-6:00 Reception-Hors d'Oeuvres
   
Wednesday  July 20, 2005
8:00-9:00 Registration, Continental Breakfast, and Exhibits
9:00-10:00

Optimal Performance Through Optimal Health

By Nicholas R.S. Hall, PhD

Dr. Hall will discuss how the immune system can influence performance and how at the same time emotional turmoil can impair the immune system and health, sometimes long after the precipitating event. He will review scientific evidence in support of the various points to be discussed along with examples underscoring their relevance in the occupational health and workers’ compensation arena. Dr. Hall will explain how the brain and immune system are linked via anatomical and chemical pathways. In addition, he will explain how this is a bi-directional conduit enabling the brain and immune system to communicate with each other. He will also explain how beliefs can influence health and things that can be done to convert unhealthy beliefs into ones that will foster optimal health. Dr. Hall will discuss how to correct imbalance within the immune system through diet, exercise, and mental approaches. These are approaches that have been proven effective in work with elite athletes, health care providers, and law enforcement agents. Dr. Hall will offer practical suggestions on how occupational health and workers’ compensation professionals can utilize optimal performance techniques in their everyday practices.

Nicholas R. S. Hall, PhD, is the Director of the Institute for Health and Human Performance and the Director of the Wellness Center at the Saddlebrook Resort in Wesley Chapel, Florida. He received his BA in Psychology from the University of Florida and his PhD in Neuroscience from the University of Florida College of Medicine. Dr. Hall is an internationally recognized Psychoneuroimmunologist who has conducted pioneering research delving into the interrelationships between the emotions and health. Since 1972, his National Institute of Health supported research on the mind and body has been featured on numerous television programs including CBS "60 Minutes," the BBC "Nova" series, and the Emmy Award winning series "Healing and the Mind" produced by Bill Moyers for PBS. He has published over 150 research articles and book chapters, and was senior editor of the highly acclaimed book, Mind Body Interactions and Disease which was commissioned by the National Institutes of Health.
Questions and Answers

10:00-11:00

Emerging Health Trends: Are You Managing Liabilities or Creating Solutions

By Carol A. Harnett, MS

Ms. Harnett will review the latest data with disability lost-time costs and how it may approach or exceed employee medical costs. She will examine emerging employer challenges related to health and disability, an aging population, and a shrinking workforce. Ms. Harnett will identify techniques to manage liabilities and create potential solutions. Ms. Harnett will offer practical suggestions on how to create a healthier workforce and positively impact the problem of rising disability lost-time costs.

Ms. Carol Harnett is a clinical physiologist as well as an Assistant Vice President and the National Disability and Life Practice Leader for The Hartford’s Group Benefits Division. She holds a Bachelor of Science degree in Biological Chemistry from St. Peter’s College and a Master of Science degree in Physiology and Biophysics from Rutgers University. Ms. Harnett is responsible for disability research, analytic and consultative services, and information dissemination regarding employers’ health, absence and workplace productivity trends. In addition, she leads the Center for Ability, an information resource center for consultants, employers, and Hartford staff. Ms. Harnett speaks extensively on a variety of topics including disability trends, employment opportunities for individuals with disabilities, and health and productivity management. Her clinical experience encompasses over ten years in industrial rehabilitation, physical medicine, and sports medicine. Her most recent clinical position was as Administrative Director of the Industrial Rehabilitation Division for the Kessler Institute for Rehabilitation. Ms. Harnett’s appointments include Chair, Return to Work Subcommittee of the American Council of Life Insurers; Chair, Workers’ Compensation and Disability Task Force, Institute for Health and Productivity Management; National Advisory Council, Institute for Health and Productivity Management; Executive Board, Disability Management Employer Coalition; National Advisory Committee, Certification of Disability Management Specialists Commission; Disability Management Advisory Board, International Association of Rehabilitation Professionals; and Board of Directors, American College of Sports Medicine Foundation. Questions and Answers

11:00-11:10 Break and Networking Opportunity
11:10-12:00

A View from the Bench: The Biggest Legal Mistakes Occupational Professionals Make and How to Avoid Them

By The Honorable Linda A. Thompson

Judge Thompson will offer practical and tactical suggestions for employer representatives, workers’ compensation insurance adjusters, claimants’ and defense attorneys, medical providers and consultants, and vocational rehabilitation counselors involved in the workers’ compensation process. She will illustrate what the administrative law judge does/does not need to hear or see at hearing and how smart intervention by occupational professionals can hold down the number of contested claims.

The Honorable Linda A. Thompson has been an administrative law judge at the Mississippi Workers’ Compensation Commission since March 1992, traveling the state to hold workers’ compensation hearings for more than thirteen years. Before joining the Commission as senior attorney in 1988, she was in the private practice of law in Jackson. She is an adjunct professor at Mississippi College School of Law, teaching workers’ compensation law. She and John R. Bradley, Jr., Professor of Law at the University of Mississippi Law School, coauthored the 305-page chapter on Workers’ Compensation Law in Volume 9 of the Encyclopedia of Mississippi Law (West Group 2002) and are collaborating on a Mississippi Workers’ Compensation Law treatise for publication by West Group in 2005. A native of Chattanooga, Tennessee, Judge Thompson completed undergraduate and graduate studies at Vanderbilt University and in 1985 received her law degree from Mississippi College School of Law, where she was production editor of the Law Review. She is currently Past President of the Hinds County Bar Association, an organization of 1,400 lawyers. She has also served as Commissioner of the Mississippi Bar, President of the Mississippi Women Lawyers Association, and Barrister in the Charles Clark Chapter of the American Inns of Court.
Questions and Answers

12:00-1:30 Conference Luncheon (Provided)
1:30-2:55 Breakout Sessions:

Utilization Review Decisions: Use of Evidence Based Treatment Guidelines and Beyond

By Michael Erdil, MD, FACOEM

Dr. Erdil will discuss current concepts and understanding regarding utilization review determinations for selected provider requests pertinent to diagnosis and management of work related musculoskeletal disorders in the context of current evidence-based medical information. He will review the role of utilization review and data gathering. Dr. Erdil will explain the application of evidence-based medicine and guidelines for utilization review decision-making, and standards for quality reviews. He will compare types of available guidelines and provide a limited review of the literature-based evidence for diagnostic procedures and treatments such as physical therapy, chiropractic care, spinal injections, surgeries, and procedures. Dr. Erdil will offer practical cost-effective suggestions on how to improve utilization review decision-making. Case presentations will be provided to help understanding of utilization review decision-making.

Michael Erdil, MD, FACOEM, is the Medical Director for Eastern Rehabilitation Network, an affiliate of Hartford Hospital, and an Assistant Professor at the University of Connecticut Health Center. Dr. Erdil is also the Medical Director for Health Direct Inc., an affiliate of AIGCS, in Farmington, CT. He received his BA from CUNY, and his MD from SUNY, is Board Certified in Occupational and Environmental 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), 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 Material Handling and Low Back Pain for Zenz’ Occupational Medicine (1994), and Cumulative Trauma Disorders: Prevention, Evaluation, and Treatment (VNR 1997). 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. Questions and Answers

OR

Occupational Health Nursing 2005: Strategies for Adding Value to the Role

By Arlene Guzik, MSN, ARNP-BC

Ms. Guzik will define the role of the OHN in the program and service department and discuss ways to demonstrate value to the business. She will identify opportunities for developing a cost-effective occupational health program by cost analysis, defining structure, function, and outcome and pushing the right "hot buttons." Ms. Guzik will explain communication strategies that demonstrate value while measuring and optimizing communication of outcomes.

Arlene Guzik, MSN, ARNP, is the Director of Clinical Services at the Lakeside Occupational Medicine 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, and is a past President of the Florida State Association of Occupational Health Nurses as well as "Nurse of the Year." Questions and Answers

OR

How to Help Win the Contested Workers’ Compensation Case: What the Employer Can Do

By Bert J. Fortuna, Jr., Esq.

Attorney Fortuna will discuss the role that occupational health and workers’ compensation professionals can play in the contested workers’ compensation case. He will review investigation, preparation, report writing, hiring of expert witnesses, settlement, and trial of the contested workers’ compensation case. Attorney Fortuna will review the available issues in workers’ compensation claims including causation, liability, disability, and in addition, will discuss the defenses available in contested workers’ compensation cases. Attorney Fortuna will offer practical advice on how to effectively deal with the claimant, plaintiff and defense counsel, employer, insurer, self-insurer, and magistrate in the contested workers’ compensation case.

Attorney Bert J. Fortuna, Jr., is a partner and trial attorney with the Grand Rapids, Michigan, law firm of Miller, Johnson, Snell & Cummiskey, PLC. He received his BA from Drake University and his JD from Drake University Law School. Attorney Fortuna concentrates his practice in the defense and trial of workers’ compensation and employment and labor law matters and has done so for the past 25 years. Attorney Fortuna is a frequent lecturer on the topic of Workers’ Compensation Law before the Bar Association, and business and employer groups. Questions and Answers

3:00-4:30 Breakout Sessions:

Case Management For Occupational Health Professionals

By Patricia Strasser, PhD, RN, COHN-S/CM

Dr. Strasser will discuss certification in case management. She will identify the most common models of case management today. Dr. Strasser will explain some of the barriers to optimal case management. Dr. Strasser will illustrate the benefits of case management. Dr. Strasser will offer practical suggestions on how to improve return to work programs.

Patricia B. Strasser, PhD, RN, COHN-S/CM, is the owner of Partners in BusinessHealth Solutions, Inc., a Toledo, Ohio health consulting service specializing in occupational health program development and evaluation. In addition, she is an Adjunct Assistant Professor at the University of Michigan School of Nursing. Dr. Strasser received her BSN from the University of Toledo, her MSN from the Medical College of Ohio, and her PhD in Nursing Science from the University of Michigan. Dr. Strasser has written and lectured extensively on occupational health and case management issues. She has received case management certification from the American Board of Occupational Health Nurses. Questions and Answers

OR

How to Avoid Employment-Related Lawsuits: Strategies That Work

By Richard D. Tuschman, Esq.

Attorney Tuschman will discuss the best practices to follow in hiring employees, monitoring their performance, and terminating problem employees - without subjecting your company to legal liability. He will review the key statutes and regulations governing the employment relationship, review recent case law developments, and discuss liability-avoidance strategies that really work - and those that don’t. Attorney Tuschman will explain how to avoid liability by employing simple, proven ways to make the law work for your company, rather than for disgruntled employees and their lawyers. Attorney Tuschman will illustrate with examples how to identify a potential employment-related lawsuit and nip it in the bud. Attorney Tuschman will offer practical, cost-effective suggestions on how to best safeguard your company from an ever-increasing surge of employment-related litigation.

Attorney Richard D. Tuschman is a partner and a trial attorney in the Miami, Florida office of Epstein Becker & Green, PC, a general practice law firm with more than 370 attorneys in 12 offices throughout the United States. He received his BA from Franklin & Marshall College and his JD, with honors, from the George Washington University Law School. Attorney Tuschman has devoted his legal career to defending management in employment-related litigation and counseling management on a wide range of employment-related issues. Attorney Tuschman also drafts employee handbooks, employment agreements, releases, settlement agreements, and opinion letters. Attorney Tuschman has written and lectured extensively on employment law matters and has been quoted widely in industry publications. Questions and Answers

OR

Symptom Magnification and Malingering in Occupational Health and Workers’ Compensation

By Anthony J. Dorto, MD, FAAPMR, FAADEP

 

Dr. Dorto will explain how to recognize and document malingering and symptom magnification. He will discuss the use of an intake questionnaire, baseline examinations, review of records, and how to objectively identify and confirm malingering and/or symptom magnification. Dr. Dorto will demonstrate Waddell’s signs and other tests for simulated complaints and will offer practical advice on how to best deal with symptom magnification and/or malingering in the workplace.

Anthony J. Dorto, MD, FAAPMR, FAADEP, is the Medical Director of the Disability Assessment Center, P.A. in Miami, Florida. He received his MD degrees from Centro De Estudios Universitarios Xochicalco (CEUX), and from the Board of Regents of the University of New York. He did one year of general surgery at Brookdale Hospital Medical Center, Brooklyn, N.Y. and did his three (3) year residency in Physical Medicine and Rehabilitation at Mount Sinai Hospital Medical Center, NY, NY. He is board certified in Physical Medicine & Rehabilitation, and is a "Credentialed Pain Practitioner." He is the past president of the American Academy of Disability Evaluating Physicians (AADEP), and is certified by the American Board of Independent Medical Examiners (ABIME) and is Certified in Evaluation of Disability and Impairment Rating by AADEP. Dr. Dorto has lectured on the local, state, and national levels regarding disability assessment, impairment rating, physiatry, rehabilitation, and symptom magnification and malingering. He was a contributor to the AMA Guides, 5th Edition, (Musculoskeletal Committee). He has contributed to the AMA Guides, 5th Edition "Impairment Calculator" software program. Dr. Dorto has authored numerous articles dealing with issues of disability, impairment rating, and quality of life. Questions and Answers

   
Thursday  July 21, 2005
8:00-9:00 Continental Breakfast and Exhibits
9:00-10:00

Back in the Saddle Again: Return-to-Work Strategies for the Worker with Back Pain

By Jane Derebery, MD, FACOEM

There are multiple factors that determine when, or even if, a patient with back pain will return to work. This presentation provides innovative recommendations on return-to-work strategies that minimize the "sick" role of the employee, focus on a patient’s rapid functional recovery, and reinforce adaptive responses to a stressful situation. These "best practices," based on results for a large group of occupational medicine physicians, promote evidence-based medicine, and are applicable to both work-related and non-work related conditions.

Jane Derebery, MD, FACOEM, is Vice President of Medical Affairs, Southern Region, Concentra Health Services, and also serves as chairman of the Concentra Occupational Health Research Institute. She received her medical degree from the University of Oklahoma School of Medicine, and is a Diplomat of the American Board of Preventive/Occupational Medicine. She resides in Austin, Texas. Dr. Derebery has written, lectured, and consulted extensively on both occupational low back pain and on work-related upper extremity disorders. She is co-editor of the recently published book, Low Back Pain: An Evidence-based, Biopsychosocial Model for Clinical Management. She has previously served on the adhoc committee of the American Academy of Orthopedic Surgeons on Occupational Upper Extremity Disorders. Questions and Answers

10:00-11:00

Obesity and Its Impact on Workplace Performance: How to Maximize Productivity and Outcomes

By Nicolaas P. Pronk, PhD, FACSM, FAWHP

Dr. Pronk will review the health and medical literature that substantiates the relationship between obesity and productivity, workplace performance, and direct medical costs. In addition, a review of the effectiveness of available obesity interventions will be presented. Dr. Pronk will identify promising practices that may be used in the worksite setting to address obesity. Promising practices that will be discussed are drawn from reports available in the literature. Dr. Pronk will offer practical cost-effective suggestions on how to implement worksite-based weight management solutions that are designed around optimal recruitment, retention, progress, process, and outcomes.

Nicolaas P. Pronk, PhD, is Vice President of the HealthPartners Center for Health Promotion in Minneapolis, Minnesota. He is also a Research Investigator in the HealthPartners Research Foundation. Dr. Pronk has a broad background in exercise science and behavioral medicine. He has published extensively in the areas of obesity, exercise and physical activity, behavior change, and the integration of health risk management strategies in population health initiatives. He currently serves on the Editorial Boards for ACSM’s Health and Fitness Journal, Disease Management & Health Outcomes, and the e-journal Preventing Chronic Disease. Dr. Pronk is one of ten members of Clinical Obesity Research Panel (CORP) of NIDDK at the National Institutes of Health, a role in which he advises NIH on matters related to obesity research. He is also a member of the Task Force on Community Preventive Services at the Centers for Disease Control and Prevention in Atlanta. He serves on committees and task forces on worksite health promotion, health care delivery and health promotion issues for the National Academy of Sciences, the Institute of Medicine and the Robert Wood Johnson Foundation. He is a Fellow of the American College of Sports Medicine (ACSM) and the former Association of Worksite Health Promotion (AWHP). Dr. Pronk received his PhD in Exercise Physiology in 1992 from Texas A&M University, and completed a Postdoctoral Research Fellowship in Behavioral Medicine at the University of Pittsburgh School of Medicine. Questions and Answers

11:00-11:10 Break and Networking Opportunity
11:10-12:00

Are Psychological Workers’ Compensation Claims Work-Related? Defending the Claims Aggressively

By Andrew E. Greenberg, Esq.

Mr. Greenberg will discuss all aspects of workers’ compensation psychiatric claims with which risk managers, human resource directors and defense attorneys must be familiar. He will present examples of the three types of claims typically litigated - "physical-mental," "mental-physical" and "mental-mental" injuries and will explain the burdens of proof that are normally applied to each type of psychiatric claim. Attorney Greenberg will illustrate how workers often attribute intentionally and unintentionally, non-work-related psychiatric conditions to their work duties, their co-employees and to seemingly minor physical work injuries. He will offer practical, cost-effective suggestions for how to successfully defend all three types of claims with practical anecdotal strategies and tactics.

Attorney Andrew E. Greenberg is a partner in the Norristown, Pennsylvania law firm, The Chartwell Law Offices, where he defends workers’ compensation claims. He received his BA from Indiana University and his JD from Syracuse University College of Law. A former Philadelphia Assistant District Attorney, he has extensive litigation experience and is a recognized authority in the field of workers’ compensation law. In collaboration with Workers’ Compensation Judge David B. Torrey, he is the co-author of the well-recognized Pennsylvania Workers’ Compensation: Law and Practice, a four-volume authoritative treatise on Pennsylvania Workers’ Compensation Law published and updated annually by West Publishing Company. He was a commentator on the "Medical Cost Containment" Regulations promulgated pursuant to Act 44 of 1993. He worked with the Workers’ Compensation Rules Committee that revised the Special Rules of Practice and Procedure before judges in 1999-2000 and has consulted for the Bureau of Workers’ Compensation on various issues over the past two years. Attorney Greenberg is a member of the Defense Research Institute. Questions and Answers

12:00-1:30 Lunch (On Your Own) and Exhibits
1:30-2:25 Breakout Sessions:

Women at Risk in the Workplace: Techniques for Reduction of MSDs

By Ronald W. Porter, PT, CEAS

Mr. Porter will review the causes of musculoskeletal disorders in women in the workplace. He will discuss elements of a job hazard/ergonomics analysis. Mr. Porter will explain techniques for controlling risk factors, including, fitness programs, body mechanics and posture training, and employee/manager education. He will demonstrate methods for prevention of MSDs.

Ronald W. Porter, PT, CEAS, is a recognized expert in the field of Occupational Safety and Health, and Ergonomics. In the past 20 years, since becoming Director of the Back School of Atlanta, in Atlanta, Georgia, he has instructed over 500 workshops and seminars on Musculoskeletal Disorder Prevention and Ergonomics Awareness to physical and occupational therapists, medical doctors, occupational health nurses, and industrial health and safety professionals. Mr. Porter has worked with over 200 industries, including, E.I. Du Pont, Shell Oil, International Paper, Cingular Wireless, and the United States Navy, on development and implementation of ergonomics programs for individual plant sites and corporate-wide. He frequently speaks at various safety and health association conferences. Mr. Porter received his Bachelor of Science degree from the University of Tennessee-Knoxville, and his Graduate Degree in Physical Therapy from Emory University in Atlanta, Georgia. He is a member of the American Physical Therapy Association and the American Society of Safety Engineers. Questions and Answer

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Psychiatric and Psychological Assessment in Workers’ Compensation Claims: Posing the Right Questions

By David C. Fisher, PhD, LP, ABPP

Dr. Fisher will discuss the important differences between psychological vs. legal models of illness followed by psychologists/psychiatrists, and insurance companies, respectively. He will then explain methods for insurers to obtain maximum benefit from the Psychiatric/Psychological IME by tailoring the referral questions to address the unique issues presented in mental health assessments. Dr. Fisher will specifically discuss assessing subjectively-reported illnesses, such as PTSD and chronic pain, using objective psychological testing. He will offer practical suggestions on how to request IMEs from appropriately trained doctors in a cost-effective manner.

Dr. David C. Fisher is President and co-founder of PsyBar located in Minneapolis, where he oversees a network of over 1,200 forensic psychiatrists and psychologists. He received his BA from the University of Minnesota and his MA and PhD in Psychology from the University of Montana. He has a Diplomate in Clinical Psychology from the American Board of Professional Psychology. Dr. Fisher has lectured and written extensively about psychiatric and psychological assessment in workers’ compensation cases. He also has authored the nation’s only on-line accredited advanced training program for psychologists and psychiatrists performing Independent Medical Evaluations. Questions and Answers

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The Biggest Legal Mistakes Occupational Health Professionals Make in Managing an Aging Workforce

By Bridget A. Neuson, Esq.

Attorney Neuson will discuss the steps employers can take to avoid costly age discrimination litigation. She will review the recent developments in the Age Discrimination in Employment Act (ADEA). Attorney Neuson will explain what constitutes an adverse job action and the documents you must have for layoffs and downsizing under the ADEA. She will discuss the "disparate impact theory," posting accurate job requirements and ADA and FMLA concerns with aging workers. Attorney Neuson will offer practical examples of how "harmless" comments can result in age discrimination litigation.

Bridget A. Neuson, RN, JD, is an employment and workers’ compensation lawyer with offices in Glenview, Illinois. Attorney Neuson received her BSN in Nursing from Loyola University and her JD with high honors from the Chicago-Kent College of Law, Illinois Institute of Technology, where she was a member of the Law Review. Attorney Neuson is a member of the Chicago Bar Association, Illinois State Bar Association, ABA, and The American Association of Nurse Attorneys. Attorney Neuson has written and lectured on employment law, the legal risks of managing an aging workforce, and the ADA, FMLA, HIPAA, and Workers’ Compensation. Ms. Neuson is a co-author of "Recent Developments in Employment Law," Tort and Insurance Law Journal, Vol. 37, No. 2, 2002. Questions and Answers

2:30-3:25 Breakout Sessions:

Getting the Upper Hand on Cumulative Trauma: A Neuro- Musculoskeletal Assessment Approach

By Melody Rasmor, RN, MS, COHN-S, ANP

Ms. Rasmor will demonstrate a hands-on approach for the musculoskeletal neurological assessment for nurses and allied health professionals. She will review the importance of careful history taking. Participants will refine their ability to distinguish normal from abnormal findings. She will explain the specific techniques involving inspection, palpation, range of motion, strength testing, sensory neurological testing, deep tendon reflexes and specialized neurological assessment tests. Ms. Rasmor will offer practical suggestions on how to do high quality cost-effective advanced musculoskeletal/neurological assessment.

Melody Rasmor, RN, MS, COHN-S, ANP, is a certified Adult Nurse Practitioner and Occupational Health Nurse with twenty years of experience. Currently, she is employed as an Assistant Clinical Professor at Washington State University. Ms. Rasmor received her BSN from Pacific Lutheran University, Tacoma, Washington in 1977 and her Master’s of Science from University of Portland in 1982. She has consulted with many companies such as Levi Strauss & Company, Hewlett-Packard, Intel, Bemis Bag, Inc., and Tetra-Pak. Ms. Rasmor has published two articles in AAOHN Journal on Health Assessment for the Occupational Health Nurse. In 1990, and 2004 she served as a deployed Nurse Practitioner in the US Army during Operation Desert Storm and Operation Iraqi Freedom. She currently holds the rank of Lieutenant Colonel. Additionally, she has taught at the undergraduate and graduate level for University of Portland and Oregon Health Sciences University. Ms. Rasmor has served as the President of the Oregon Nurses’ Association, Nurse Practitioner Organization in 1993-1995. Ms. Rasmor received the Oregon Nurses’ Association Teaching and Leadership Award for the Portland Metropolitan Area (1992) and the Meritorious Service Award in the US Army Reserves (2004). Questions and Answers

OR

Workers’ Compensation: Latest Developments and What Is On the Horizon

By Niki T. Ingram, Esq.

Attorney Ingram will discuss the latest developments in workers’ compensation law and will explain the trends that will have the greatest impact on occupational health and workers’ compensation professionals. She will discuss some significant state statutory changes, e.g., California and its likely impact on other states. Attorney Ingram will explore monetary benefits, medical treatment, compensability, exclusivity, and fraud. Attorney Ingram will offer practical cost-effective advice on how to prepare for recent as well as future changes in the workers’ compensation systems.

Attorney Niki T. Ingram is a shareholder and trial attorney in the regional defense law firm of Marshall, Dennehey, Warner, Coleman & Goggin. She received her BA from Smith College and her JD from the University of Pennsylvania Law School. Attorney Ingram has written and lectured frequently on workers’ compensation issues and is chairperson of the Workers’ Compensation and Employment Liability Law Committee of the Tort and Insurance Practice Section of the American Bar Association, past co-chairperson of the ABA’s Workers’ Compensation and Employment Liability Law Committee of TIPS, and past co-chairperson of the Philadelphia Bar Association’s Workers’ Compensation Section. Attorney Ingram is the author of numerous articles dealing with workers’ compensation topics. She has lectured frequently on workers’ compensation issues at the request of the Pennsylvania Defense Institute, The National Business Institute, Defense Research Institute, the Pennsylvania Trial Lawyers Association, and local business groups. She has also spoken at the American Bar Association’s national conference, as well as ATLA’s national conference. Attorney Ingram currently serves on the editorial board of The Philadelphia Lawyer, a quarterly publication of the Philadelphia Bar Association. Attorney Ingram’s area of practice is litigation of workers’ compensation cases. Questions and Answers

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Why and How Employees Get Injured at Work: The State of the Art

By Gordon S. Smith, MD, MPH

Dr. Smith will review the latest developments and the current state of the art in preventing injuries in the workplace. He will discuss how to translate the latest injury prevention research into practice, both in the workplace and in the clinic. He will offer practical cost-effective suggestions for multiple strategies to reduce work-related injuries and provide a framework for developing a comprehensive program to reduce the occurrence and impact of injuries in the workplace.

Gordon S. Smith, MD, MPH, is a senior research scientist, Liberty Mutual Research Institute for Safety, and teaches injury epidemiology and prevention at the Harvard School of Public Health. Before coming to Liberty Mutual, Dr. Smith directed the Occupational Injury Prevention Training Program at the Johns Hopkins University Bloomberg School of Public Health in Baltimore, Maryland, where he is now an Adjunct Associate Professor. Dr. Smith received his medical degree from the University of Otago Medical School in New Zealand and his MPH from the Harvard School of Public Health. His areas of expertise include injury epidemiology, occupational injury research, alcohol research, and injury surveillance systems. He has done extensive work in the occupational injury area, both nationally and internationally, and has published more than 130 peer-reviewed articles, as well as a book, Injury Prevention: An International Perspective. He has received widespread recognition for his methodological expertise in injury research and has written and lectured extensively on injury prevention and how employees get injured at work. Questions and Answers

3:30-4:30 Breakout Sessions:

Management of Work-Related Hand and Upper Extremity Disorders: ‘Hand to Hand’ Combat Between Myths and Realities

By Jane Derebery, MD, FACOEM

Dr. Derebery will discuss upper extremity disorders and complaints that are commonly and often inappropriately attributed to workplace repetitive activity. The discussion will provide cost-effective, practical management strategies for dealing with upper extremity disorders. Dr. Derebery will discuss how strong cultural beliefs and influences play predominant roles in shaping expectations about the ability of repetitive physical activity to cause musculoskeletal disorders. She will review findings on causation regarding specific diagnoses such as carpal tunnel syndrome and regional pain syndromes. Dr. Derebery will present an analysis of outcome data as well as evidence-based research findings that support that a treatment strategy focusing predominantly on patient issues rather than physical job factors will result in substantially better outcomes. Questions and Answers

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Pearls of Practice for Occupational Health: 2005 and Beyond

By Arlene Guzik, MSN, ARNP-BC

Ms. Guzik will discuss mechanism of injury and work-relatedness of common occupational conditions. This fun-filled presentation will offer a variety of clinical pearls for application in the occupational health setting, including a review of common system-specific conditions and treatment modalities. Ms. Guzik will illustrate how to conduct the initial evaluation of these conditions and recommend appropriate cost-effective diagnostic care and treatment. The intended outcome of this session is to enhance the clinical knowledge of occupational health nurses, adjusters and workers’ compensation managers. Questions and Answers

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Interplay Between ADA, FMLA, and Workers’ Compensation: Staying Within the Law

By Arthur V. Lambert, Esq.

In order to successfully manage the requirements under these statutes, it is necessary to have a basic understanding of the Family and Medical Leave Act ("FMLA"), the Americans with Disabilities Act ("ADA") and the relevant state’s workers’ compensation statute. People also need to be cognizant of the intricate way in which these statutes interact. These statutes have separate and distinct purposes. The purpose of the FMLA is to provide eligible employees with job-protected leave for certain family and medical reasons. The purpose of Title I of the ADA is to eliminate discrimination against qualified individuals with disabilities in all aspects of the employment relationship. The general purpose of workers’ compensation statutes is to establish a framework for compensating employees for occupational injury and illness. While these purposes do not inherently conflict, there is a large area in which their requirements can overlap. In order to successfully navigate the differing requirements of these statutes, it should be understood when these various statutes apply and it often is important to harmonize the requirements when more than one statute applies. Attorney Lambert will give examples as to when it is appropriate to attempt to resolve issues with the employee through one statute rather than the other due to the different options provided by the statutes.

Attorney Arthur V. Lambert is a member of the firm in the Labor and Employment and National Litigation practice groups in Epstein Becker Green Wickliff & Hall’s Dallas, Texas office. He received his BA from the State University of New York and his JD from the University of Virginia School of Law. Attorney Lambert is a board certified member of the Texas Board of Legal Specialization in the area of Labor and Employment Law. Attorney Lambert regularly counsels employers on issues ranging from hiring, firing and disciplinary policies, to family leave, reasonable accommodation and compensation. Attorney Lambert frequently speaks at business and professional conferences on various employment-related topics. Questions and Answers

SEAK in Hyannis -- July 2005
       
     
Customer Service:
(508) 548-7023
Orders:
(508) 457-1111
Fax:
(508) 540-8304
Email:
Mail@seak.com

 
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