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26th Annual National Workers' Compensation and Occupational Medicine Conference
July 18, 19, & 20 2006 Four Points by Sheraton Hyannis Resort, Hyannis, MA
PDF of Brochure
Topic & Speaker Descriptions
Tuesday, 7/18
Begin to Work, Stay at Work, Return to Work: Understanding the Link Between the Individual and Job for the Risk of Musculoskeletal Pain
Dr. Melhorn will review the options for risk assessment for better management of OSHA 300 events and will discuss successful methods to reduce the direct and indirect burdens of workers' compensation costs. Dr. Melhorn will provide an understanding of the three elements that determine who will stay at work or who will return to work after a workplace injury or illness. Specific unnecessary time away from work (work disability) will be analyzed.
J. Mark Melhorn, MD, FAAOS, FAADEP, FACS is an occupational orthopaedic physician that specializes in the hands and upper extremities in Wichita, Kansas. He received his BS from McPherson College and his MD from the University of Kansas. Dr. Melhorn is board certified in orthopedic surgery with added qualifications in surgery of the hand. In addition to his practice of orthopaedics at The Hand Center in Wichita, Kansas. Dr. Melhorn is a Clinical Assistant Professor, Section of Orthopaedics, Department of Surgery University of Kansas School of Medicine-Wichita. He has authored over 270 articles, chapters, and publications about his research of workplace injuries and illnesses; return to work options; impairment and disability; and prevention of musculoskeletal pain in the workplace. He has lectured extensively to physicians, employers, insurers, administrators, and legislators on industrial musculoskeletal, upper extremity disorders, and prevention of musculoskeletal pain (MSDs) in the workplace. Dr. Melhorn is the co-author of the text "A Physicians' Guide to Return to Work" AMA (2005).
Using FCE to Minimize your Exposure to Symptom Magnification Syndrome
Dr. Matheson will review the latest research and practice in functional capacity evaluation (FCE) and explain how FCEs can be effective to control costs and minimize the employer's exposure after a painful work injury. Dr. Matheson will describe symptom magnification syndrome (SMS), its causes and differential diagnoses. He will demonstrate the use of FCE tests to identify and intervene with SMS to lower long-term costs, avoid litigation, and improve return to work rates.
Dr. Leonard Matheson is an Associate Professor of Occupational Therapy and an Associate Professor of Neurology at the Washington University School of Medicine in St. Louis, Missouri. He received his BA, MA and PhD from the University of Southern California. He has more than 100 publications, including 40 published in peer reviewed scientific journals and numerous chapters in medical textbooks, including the chapter on Functional Capacity Evaluation in the American Medical Association's Disability Evaluation. He has been a consultant to several Fortune 500 employers, the United States Congress, and hundreds of rehabilitation centers and governmental agencies in the United States, Canada, and other countries. He has testified before the United States House of Representatives in Washington, DC. Dr. Matheson has been a professional in rehabilitation for 35 years, as a licensed psychologist, certified vocational evaluator, and rehabilitation counselor. He originated work hardening, work tolerance screening, and work capacity evaluation. He has designed many of the tests that are in use in Occupational Rehabilitation throughout the world. His tests have been translated into more than two dozen languages. He serves as an associate editor of the Journal of Occupational Rehabilitation and is on the editorial board of both Work and Spine.
Getting Employees to Adopt and Maintain A Healthy Lifestyle: The Culprit and the Cure
Dr. Aldana will review how a healthy lifestyle will extend life, prevent chronic diseases and control body weight. He will present the evidence that says a healthy lifestyle can add 10-20 years of additional life. Dr. Aldana will offer practical cost-effective tips, strategies and a concrete plan on how to help employees adapt and maintain a healthy lifestyle for life.
Steven Aldana, PhD is a Professor and the Director of Graduate Studies in the College of Health and Human Performance at Brigham Young University and is an Adjunct Member of the University of Illinois School of Medicine. He received his BS and MS from Brigham Young University and his PhD in Exercise Science and Wellness Education from Arizona State University. Dr. Aldana has researched, educated, lectured and written extensively on the connection between healthy living, disease prevention and wellness. He has published over 50 articles and 5 books about his passion including "The Culprit and the Cure". In the past 4 years he has received over $5 million in state, private, and federal funding to research how the adopting of healthy behaviors can even reverse many common chronic diseases such as cardiovascular disease, diabetes, and cancer. Dr. Aldana is passionate about educating people about the impact lifestyle has on disease and is devoted to helping individuals adopt and maintain healthy lifestyles.
The Medicare Secondary Payer Act: Impact on Workers' Compensation Claims and Settlements
Attorney Lewis will review the impact of the Medicare Secondary Payer Statute on Workers' Compensation Claims and Occupational Health Professionals. He will explain Medicare Regulations and the thresholds for review. Attorney Lewis will discuss case law interpreting the Medicare Secondary Payer Statute. He will demonstrate how workers' compensation cases can still be successfully resolved. Attorney Lewis will offer practical advice on how to ensure compliance and avoid future exposure when evaluating and settling workers' compensation cases.
Robert T. Lewis, Esq. is a partner in the law firm of Capehart & Scatchard, P.A. in Mount Laurel, New Jersey. He has a national practice focusing on Medicare compliance and claims impacted by the Medicare Secondary Payer Statute. He also represents employers, self-insured companies, and insurance carriers in workers' compensation defense matters in New Jersey. Prior to moving to New Jersey, he handled workers' compensation and liability defense matters in North Carolina.
In 2004, he was selected by the New Jersey Law Journal as one of the Top 40 Lawyers under the age of 40. He is a frequent lecturer and has written extensively on the implications of the Medicare Secondary Payer Statute in both workers' compensation and liability claims. Mr. Lewis is also a founding member and vice-president of the National Alliance of Medicare Set-Aside Professionals.
Reducing Length of Disability and Lost Time from Work: Cost-Effective Techniques and Programs That Work
Mr. Quick will discuss integrated disability and healthcare benefits from an employer's perspective:successes and opportunities. Mr. Quick will review the practical approaches and applications of programs and resources to provide an integrated program to the employee population. Mr. Quick will demonstrate program designs and platforms. Mr. Quick will provide the financial picture to provide the business case to support an integrated approach.
Edwin W. Quick is Global Disability Leader for General Electric Energy in Atlanta, Georgia. He is a Graduate of American University with an MBA in Human Resource Management and Finance. He also holds a Masters in Vocational Rehabilitation Counseling from the University of Cincinnati. Mr. Quick started his early career in the Washington Metropolitan Area working as a counselor and consultant in Case Management for Crawford & Company, UAC Adjusting Company and GAB Business Services. After 6 years of consulting, Mr. Quick joined the Washington Metropolitan Area Transit Authority as an in house rehabilitation specialist. At the end of his tenure with the Authority, he was the Manager of the Workers' Compensation Unit. Mr. Quick relocated to Tucson, Arizona to work for Continental Medical Systems as the Director of In Patient Case Management Services for the Southern Arizona Rehabilitation Hospital. Mr. Quick later joined Maine Employers Mutual Insurance Company as the Director of Medical and Disability Management Claims. After 5 years at Maine Employers, Mr. Quick joined Union Pacific Railroad as the National Director of Disability Management where he stayed until joining General Electric Energy as Global Disability Leader in 2000. In his role as Global Disability Lead, Mr. Quick oversees a $25MM disability program budget and assures that employees, their families and the business maximize integrated benefits programs while adhering to all state and federal guidelines such as the ADA and FMLA. GE Energy employs over 35,000 employees worldwide. Mr. Quick is a Commissioner for the Certified Disability Management Specialist Commission and President Elect for the Georgia State Chapter of the International Association for Rehabilitation Professionals. Mr. Quick is CCM, CRC, and CDMS certified.
Standards, Goals and Strategies: Achieving Optimum Return to Work
Dr. Melhorn will discuss the necessary and national standards for reasonable time off from work and will provide strategies to effectively deal with resistance, and lack of participation among employees, supervisors and clinicians. Dr. Melhorn will review the key role of motivation of employees to return to work. He will discuss approaches for improving the current workers' compensation system and will provide a new approach to return to work.
Liability of Workers' Compensation Case Managers: A Passing or Emerging Trend?
Attorney Carolan and Ms. Lowery will discuss the more recent allegations related to case management malpractice and how there appears to be an uptick of cases filed lately. Ms. Lowery and Attorney Carolan will review key areas of legal exposure for case managers working within the workers' compensation field. They will provide the lessons learned from an actual case study. Attorney Carolan and Ms. Lowery will offer practical suggestions on how best to minimize legal risk for case managers.
Jacqueline M. Carolan, Esq. is a trial attorney and partner in the Philadelphia Law Office of Fox Rothschild. She is a partner in the firm's Professional Liability and Health Care Law Groups, and chairs the firm's Pro Bono Committee. She concentrates her practice in the malpractice defense of health care professionals and providers. Attorney Carolan represents both hospitals and health care providers, from major entities to smaller agencies, in all aspects of health care litigation.
She frequently writes and lectures on issues concerning professional liability and litigation to various health care organizations around the country, including such topics as legal risks in health care. Attorney Carolan graduated from Philadelphia General Hospital with a Diploma in Nursing, and then received a BS in Nursing from the University of Pennsylvania. As a nurse, she worked with intensive care and trauma patients. Attorney Carolan received her JD from Temple University School of Law.
Sandra Lowery RN, CRRN, CCM, CNCLP is President of CCMI Associates, an independent case management company based in Francestown, New Hampshire. Ms. Lowery has written and lectured extensively on case management issues and serves on the advisory boards for Lippincott's Case Management & the Case Management Advisor. She is on the adjunct faculty for the University Systems of NH and is a consultant and trainer for case management programs across the U.S. In 1995, Ms. Lowery was the recipient of the "Case Manager of the Year Award" by the Case Management Society of America, 1995. Ms. Lowery received her AS in Nursing from Saddleback College and her BS in Nursing from the University of the State of New York. She is a certified rehabilitation registered nurse, case manager and nurse life care planner. Ms. Lowery is a former President of the Case Management Society of America.
Psychological Injury Claims: Investigation, Development, Evaluation and Trial
Attorney Hessert will review the history of developing law in the area of psychological disability claims, and will group various jurisdictions by the similarity of current case law. He will provide an overview of the types of psychiatric claims, ranging from the physical injury with psychiatric complications to the purely mental case. Attorney Hessert will offer practical suggestions for investigating and defending the psychological components of disability claims.
Attorney Stephen Hessert graduated magna cum laude from Bowdoin College and earned his JD from the University of Maine School of Law, where he served as an editor of the Maine Law Review. An expert in workers' compensation and civil litigation, he frequently lectures to employers and attorneys on labor law and topics related to state and federal workers' compensation statutes. Attorney Hessert has a special interest and experience in the trial of psychological injury and occupational disease workers' compensation claims. He is the chairperson of the Workers' Compensation Section of the Maine State Bar Association. Attorney Hessert is a member of the steering committee of the Workers' Compensation Section of the American Law Firm Association; the Cumberland County, Maine State and American Bar Associations; and the Defense Research and Trial Lawyers Association. Steve is active in community affairs in Cumberland, Maine.
Occupational Hearing Loss: An Overview and Current Concepts
Dr. Sataloff will review current concepts in the development of an occupational hearing loss program, and current concepts in understanding occupational hearing loss. He will explain the evolution of occupational hearing loss, fundamentals of an occupational hearing loss program and new issues regarding occupational hearing impairment. Dr. Sataloff will discuss basic issues regarding most practical aspects of hearing conservation. Dr. Sataloff will offer practical suggestions on how to implement and maintain a hearing conservation program, and how to assess related issues that may contribute to occupational hearing impairment.
Proving Your Worth: The Value of the OHN in Today's Workplace
Ms. Maxwell will discuss the impact that rightsizing, downsizing, outsourcing and reduction in workforce has on the role and position of the OHN. She will review the evolution of the OHN's role and how OHNs have by necessity becoming more business savvy. Ms. Maxwell will explain how understanding the business operations and gaining knowledge in financials will help prove the OHN's value to our employers.
Barb Maxwell RN, MHA, COHN-S, CCM, CWCP is the West Florida Division Director Company Care Occupational Health Services for HCA. Ms. Maxwell received her BS from the College of St. Francis and her MS from the University of St. Francis. Ms. Maxwell has lectured extensively on occupational health issues. She currently manages 15 occupational health programs for HCA and 9 company care entry sites. Ms. Maxwell is a Certified Case Manager, Certified Occupational Health Nurse-Specialist and a Certified Workers' Compensation Professional.
Assessing Fitness For Duty: Depression in the Workplace Latest Developments
Dr. Vasile will review the impact of depression in the workplace and will provide suggestions on how to recognize its manifestations. He will explain how to assess the severity of depression and its major risks including suicide and violence. Dr. Vasile will discuss when to refer for treatment, the currently available treatments and how to assess the ability to return to work. Dr. Vasile will discuss the importance of subcategories of depression, including manic-depressive illness, depression complicated by psychosis, and mixed depression and anxiety disorders. Dr. Vasile will offer practical suggestions on monitoring and follow up care and risk prevention.
Russell George Vasile, MD is an Associate Professor of Psychiatry at Harvard Medical School and staff Psychiatrist at Beth Israel Deaconess Medical Center. He received his BA from Princeton University and his MD from Harvard Medical School. He completed his medical internship at Boston City Hospital and psychiatric residency at Massachusetts Mental Health Center. Dr. Vasile is a graduate of the Boston Psychoanalytic Institute. Dr. Vasile has written and lectured extensively on the clinical assessment and management of depressive disorders. Dr. Vasile is certified by the American Board of Psychiatry and Neurology with an added qualification in Forensic Psychiatry. He is also the Director of the Affective Consultation Disorders program at Beth Israel Deaconess Medical Center.
Workers' Compensation Achieving Closure: Resolving Difficult Claims
Attorney Valente will explain how to identify injuries, claimants and cases that have the potential to become protracted and high exposure claims. He will discuss how the workers' compensation system negatively impacts injured workers and in some cases discourages return to work and what can be done to overcome this result. Attorney Valente will offer practical cost-effective solutions on how to achieve closure on difficult and long-standing claims before they become impossible to resolve.
John W. Valente, Esq. is a trial lawyer with the Rutland, Vermont law firm of Ryan Smith & Carbine, LTD. He received his BA from Boston College and his JD from Suffolk University School of Law. Attorney Valente has written and lectured extensively on all aspects of workers' compensation defense. Attorney Valente is a member of the Defense Research Institute, Society for Human Resource Management and Vermont Bar Association Workers' Compensation Committee. Attorney Valente is the author of Avoiding Workers' Compensation Aggravation and Workers' Compensation Practice and Procedure and Workers' Compensation Fraud.
A Model Light Duty Program: Best Practices
Attorney Feldman will describe how to develop and effectively utilize a model light duty program that is ADA, FMLA, and Workers' Compensation compliant. He will discuss dealing with employees fairly and effectively, why employees become plaintiffs, and how to reduce the potential animosity which is prevalent in many workers' compensation systems. Attorney Feldman will explain the obligations of employers to accommodate employees with permanent restrictions and the rights of employers to terminate non-compliant employees. Attorney Feldman will offer practiced suggestions and tried and tested forms, and checklists for model light duty programs.
Douglas M. Feldman, Esq. is a shareholder and a member of the Board of Directors, with the Law Firm of Lindner & Marsack, S.C. His current practice is primarily focused upon representing insurance companies and self-insured employers in workers' compensation matters in both Wisconsin and Michigan as well as representing management in employment litigation issues such as termination issues, ADA claims and handicap discrimination. Attorney Feldman is a frequent lecturer and speaker on topics such as workers' compensation, family and medical leave, The Americans With Disabilities Act, and other related issues. He is one of the founding members and an active participant in the National Worker's Compensation Defense Network, an association of worker's compensation defense firms throughout the country dedicated to the pursuit of worker's compensation reform on a national basis. Attorney Feldman received his undergraduate degree in Business Administration from the University of Wisconsin and his law degree from Marquette University. He is a member of both the Wisconsin and Michigan Bar as well as both ABA-Labor and Employment Law and Worker's Compensation sections.
Disability Management: What the Future Holds for Occupational Health Professionals
Ms. Dyck will explain the current state of disability-related absence rates and costs, the factors that are driving the noted increases in absence rates and costs, and the impact of the changing demographics in the workplace (an increased number of women and the presence of four generations in the workplace). She will review the impact of management practices and the aging workforce on disability practices and outcomes, and provide predictions for the future - ten years out. Ms. Dyck will offer practical advice on what OH&S professionals can do to best manage these future challenges.
Dianne E.G. Dyck, BN, MSc, COHN-C, COHN(S), COHN-S-CRSP, is the Director of Occupational Health and Safety for ENMAX Corporation in Calgary, Alberta, Canada. Her mandate includes corporate governance and stewardship of occupational health and safety and disability management. She received her RN from Montreal General Hospital, her DPHN from the University of Windsor, her BN and MSc from the University of Calgary and her OHNC from Grant McEwan Community College. Ms. Dyck has written and lectured extensively on occupational health issues in the United States, Canada and Internationally. Ms. Dyck has recently published the third edition of her book, Disability Management: Theory Strategy and Industry Practice (2006).
The Role of Occupational Health Professionals in Disaster Preparedness: The Latest Developments
Dr. McLellan will review the role of occupational health professionals in disaster preparedness and response. He will explain how the Occupational Health Sub Council (OH SC), mandated by a presidential directive (HSPD -7), has brought together industrial hygienists, occupational health nurses and occupational medicine physicians to form a network of disaster experts. In particular, he will demonstrate a new tool of the OH SC called the Occupational Health Disaster Expert Network (OHDEN), a secure website that provides vetted information on threats, vulnerabilities, opportunities, and steps to improve the protection of workers and their environments, through a network linking occupational health professionals together with federal agencies. Dr. McLellan will propose that occupational health professionals form a crucial, public health infrastructure that must be well-integrated with the community based system with the goal of protecting the health of the nation's workforce as the critical infrastructure necessary to assure survival and continuity of all economic sectors in the context of disaster response and recovery.
Dr. McLellan is a board certified occupational medicine physician with additional board certification in family medicine. He is currently responsible for the care and prevention of occupational illnesses and injuries for 6000 health care workers in an academic medical center. He is also responsible for the clinical oversight and program development of a community centered occupational and environmental health program. Dr. McLellan has had extensive experience as an occupational medical consultant to business in a wide range of economic sectors, including health care, manufacturing, nuclear energy, and public safety. He has also maintained a clinical practice in occupational and environmental medicine for over 20 years, with a particular interest in clinical toxicology, environmental medicine and indoor air quality. Dr. McLellan also has contributed to or leads several regional and national organizations. He founded and chairs The Jordan Institute whose mission is to improve New England's environmental quality of life. He is a past President of the New England College of Occupational and Environmental Medicine. He has served as a board member of the American College of Occupational and Environmental Medicine and is the current Vice-President of this organization. He has served on the ANSI Z88.6 Standard Committee for Respiratory Protection. He is on the editorial board of the OEM Report and The Journal of Emergency Management. Special areas of expertise relevant to disaster medicine include medical center occupational health and disaster planning and response, medical qualification for respirator use, clinical toxicology, training physicians about disasters, building science as it relates to indoor air quality, risk communication and interacting with mass media. He is founding Chair of the Occupational Health Advisory Committee, which is a multidisciplinary team of occupational health professionals sponsored by the Department of Health and Human Services to organize the occupational health sector's preparedness and response to public health emergencies.
Conference Luncheon (Provided)
The Biggest Employment Law Mistakes Employers Make and How to Avoid Them
Attorney Kostakos will review why employers need an understanding of these issues and the financial and social impact on employees and employers when mistakes are made. He will explain the latest developments in employment law for employers. Attorney Kostakos will discuss anti-discrimination and wage and hour regulations. He will demonstrate with examples the importance of employment documentation. Attorney Kostakos will offer practical suggestions on how to anticipate, diagnose and adopt preventive strategies.
George P. Kostakos advises and represents employers in a broad range of employment law matters, including the defense of claims of discrimination, retaliation, defamation, breach of contract and wrongful termination, and claims asserted under or involving ERISA. Additionally, George provides advice and litigates cases involving other employment-related issues, including the Family and Medical Leave Act and other state and federal statutes, hiring and firing policies, employment and severance agreements, and employment manuals. George has represented a variety of clients in state and federal trial courts and administrative agencies. He also has experience handling employment law issues before federal and state courts of appeal.
AMA Guides 6th Edition: How Will It Impact Occupational Health and Workers' Compensation?
Dr. Rondinelli will review the major changes coming in the AMA Guides 6th Edition, including emphasis on functional outcomes, assessment of impact on activities of daily living (ADL), consistent impairment and the grid approach. He will review how the 6th Edition will incorporate the ICF model and will be more evidenced based and will explain the likely impact on the clinicians and the practice of occupational health and workers' compensation.
Robert D. Rondinelli, MD, PhD is a staff physician at Iowa Health Physicians, Physical Medicine and Rehabilitation Clinic and Medical Director of Yonker Rehabilitation Center, Des Moines, Iowa. He received his MA and PhD from the University of Illinois at Urbana-Champaign and his MD from the University of Illinois Medical Center in Chicago, IL. He is a former full professor and chairman of the Department of Rehabilitation Medicine at the University of Kansas Medical Center.
Dr. Rondinelli has published numerous peer reviewed research papers on disability measurement, functional outcomes assessment, and the relationship of impairment to disability. He has edited, authored and co-authored several books and multiple book chapters including a major textbook on Impairment Rating and Disability Evaluation, as well as a Study Guide for Industrial Rehabilitation Medicine and work disability management. Currently, he is Medical Editor for the American Medical Association Guides to the Evaluation of Permanent Impairment, 6th Edition.
Advanced Case Management for Occupational Health and Rehabilitation Professionals
Ms. Zickgraf will review case management practice standards and protocols as applicable to occupational health and rehabilitation. She will identify common barriers that can delay case resolutions or prevent successful return-to-work. Ms. Zickgraf will contrast recent statistics and empirical evidence completed by the National Institute for Occupational Safety & Health (NIOSH) and the Centers for Disease Control, among others. Ms. Zickgraf will offer practical cost-effective suggestions for advanced case management assessments and implementations by offering specific advocating techniques every case manager can easily use to achieve the best possible case outcomes. She will wrap up her discussion in a review of a practitioner's self-assessment and differentiate how our own professional barriers can impact our professional case management styles.
Bonnie L. Zickgraf BSN, RN, CRRN, QRP is Director of Corporate Initiatives at Ability Services Network Inc., Duluth, GA. She is a Certified Rehabilitation Registered Nurse (CRRN) and has received her BSN from Ball State University, cum laude, with a fellowship for her cancer research efforts. Ms. Zickgraf has extensive executive leadership and medical case management experience in multi-state workers' compensation and short and long term disability claims, including coordination of quality compliance & URAC accreditations, utilization review, medical dispute resolutions and return to work programs for workers with injuries and disabilities. She has lectured extensively on claims and case management protocols and is a past recipient of the Klauser Award for most professional and ethical nurse graduate. Ms. Zickgraf currently collaborates with a team of over 100 workers' compensation field case managers in thirteen different states toward achieving successful medical recoveries and return-to-work outcomes for thousands of clients.
DOT: Latest Developments 2006
Dr. Wittels will review the latest initiatives and regulations of the Federal Motor Carrier Safety Administration, the agency within the DOT that regulates commercial carriers and drivers. He will discuss the differences between FMCSA medical regulations and medical guidelines, the rights of the carrier to set physical requirements for drivers, and indicators for disqualification, restriction, and limited certification for commercial drivers. Dr. Wittels will provide updates on the Medical Review Board, National Medical Registry Program, Insulin Exemption Program, and The Vision Exemption Program. He will explain required drug and alcohol testing for commercial drivers, the effects of an aging workforce on medical certification of commercial drivers, SAP requirements and employers, hypertension and certification, and sleep apnea and safe driving. Dr. Wittels will offer practical suggestions on what employers need to do to remain in good standing with the DOT.
Ellison H. Wittels, MD, FACP is a Senior physician for Concentra Medical Centers. He received his BA from the University of Oklahoma and his MD from the University of Oklahoma School of Medicine. Dr. Wittels has written and lectured extensively on the DOT. He is the senior medical consultant, Federal Motor Carrier Safety Administration and the Federal Motor Carrier Safety Administration representative to the American Association of Motor Vehicle Administrators. Dr. Wittels is the author of "Concentra Guide to Medical Certification of Commercial Drivers", is board certified in occupational medicine and internal medicine, and is a Fellow of the American College of Physicians.
ADA, FMLA and Workers' Compensation: Slaying the Three-Headed Monster
Attorney Patton will review the complex interplay between the Americans With Disabilities Act of 1990 (ADA), the Family and Medical Leave Act of 1993 (FMLA) and state workers' compensation statutes. He will provide an overview of these federal and state statutes and then identify the primary areas of overlap and potential conflict, including leaves of absence, reasonable accommodation, medical certifications, return-to-work examinations, light duty and drug/alcohol testing. Attorney Patton will discuss the latest developments and how they impact occupational health professionals. Finally, Attorney Patton will offer practical tips and advice for ensuring that employers remain in compliance with their legal obligations under this patchwork of state and federal regulation.
Glenn G. Patton, Esq. is a Partner in the Labor & Employment Group of the Law Firm of Alston & Bird in Atlanta, Georgia. He received his BA from Duke University and his JD from the University of Virginia. Attorney Patton represents Management in all areas of employment-related litigation. He is a nationally-recognized speaker on employment matters, having lectured at numerous continuing legal education seminars and management training courses. His recent speaking engagements include five national audio conferences and webcasts on the DOL's final overtime regulations for the Bureau of National Affairs (BNA), the Georgia Hospital Association, the American Health Lawyers Association and other HR-related organizations. In addition, Glenn is the Editor of Alston & Bird's Labor & Employment Advisories, he has authored articles appearing in the National Law Journal and other nationally recognized legal publications, and he is a frequent legal commentator on developing labor and employment issues for Lawyer's Weekly, BNA, HR Executive and the Charlotte Observer.
Building Health & Productivity Programs: What Works
Ms. Hanna will review how employers are moving from the traditional approach of cost-shifting and cost-sharing to more holistic and long term strategies for managing health and productivity in the workplace. She will discuss current employer strategies for addressing rising healthcare costs. Ms Hanna will explain what long term strategies are needed to change the focus from health care management to health management. She will demonstrate how integrating the elements of an effective health and productivity program is a key business strategy. Ms. Hanna will offer cost-effective suggestions on how to address the heavy burden that ill health and increasing health care costs are placing on industries in the U.S.
Jeannie Hanna is Director, Integrated Health and Productivity, at The Hershey Company in Hershey, PA. Her responsibilities include helping to drive business results by furthering the company's strategic approach to employee health and wellness with the goal of improving productivity and efficiency across the business. She will be working to integrate Hershey's Short-Term Disability, Long-Term Disability, Workers' Compensation and FMLA programs, with an emphasis on cost controls and case management. She will also help lead the company's continuing efforts at driving Hershey's fitness and wellness activities throughout the organization including leading the Wellness Everyday Team and will have responsibility for Hershey's fitness centers. She has had in-depth experience with global occupational health programs at Visteon, Monsanto and Baxter Healthcare along with various health care organizations.
What Employers Really Want From Occupational Health Care Providers: Outcomes Not Discounts
Mr. Paduda will discuss why the managed care model used in workers' compensation encourages over-utilization, excessive administrative expense and higher indemnity costs. He will explain how and why occupational health providers can and should assume responsibility for managing the care of injured workers referred to their clinics. Mr. Paduda will offer practical cost-effective suggestions for how occupational health providers can avoid offering discounts by providing high quality care which result in positive outcomes.
Joseph Paduda is Principal and Founder of Health Strategy Associates, a Madison, Connecticut Company that specializes in managed health care marketing. He has a masters of science degree from American University. Mr. Paduda has written and lectured extensively on lowering health care expenses, workers' compensation and managed care. Previous positions include Vice President, Product Development at the Travelers Health Company, where Mr. Paduda led the company's efforts to develop new managed care products for both the Workers' Compensation and group health industries; Managed Care product development at Liberty Mutual, sales at Liberty Mutual, and Marketing Director for American International Healthcare, the managed care subsidiary of American International Group.
Workplace Drug Testing and Alternative Specimens: Latest Developments
Dr. Swotinsky will review the use of specimens other than urine for workplace drug testing, and the use of point of collection tests. He will discuss policy and program issues, collection procedures, laboratory analysis, and review of results for these alternative specimens and technologies. Dr. Swotinsky will explain their strengths and weaknesses and, with the help of case studies, describe their integration into a comprehensive drug testing program. He will update the audience on the development of federal rules for use of these specimens and technologies.
Robert Swotinsky, MD, is Chair of Occupational Medicine at Fallon Clinic and presides over the largest occupational health program in Massachusetts. Dr. Swotinsky received his bachelors degree in chemical engineering from the Massachusetts Institute of Technology, his MD from Vanderbilt University, and his MPH from UCLA. Dr. Swotinsky has lectured and written extensively on workplace drug testing, and is lead author of The Medical Review Officer's Guide to Drug Testing, now in its third edition. He is also founding Editor of MRO Update, a newsletter. Dr. Swotinsky sees patients and serves as medical review officer for well over 10,000 tests per year.
Chronic Pain Claims: Injury-Relatedness
Dr. Barth will discuss the scientifically established risk factors for chronic pain that do not include physical injury, which are almost exclusively of a psychosocial nature, and which do not include any general medical factors. He will review the scientific literature that has repeatedly concluded that psychosocial factors are more important than general medical factors in regard to claims of disability from chronic pain. He will provide an evaluation protocol for identifying the probable causes of chronic pain complaints for an individual case. Dr. Barth will explain the ramifications for evaluation, impairment rating, and treatment planning, and will provide suggestions for cost-effective management of chronic pain claims.
Dr. Barth is a neuropsychologist. The National Academy of Neuropsychology has named him a Fellow of the Academy, subsequent to his "significant contribution to the science and profession of neuropsychology". Dr. Barth serves on the American Medical Association's Advisory Committee for the 6th Edition of the Guides to the Evaluation of Permanent Impairment. He has also served on the editorial boards of The Official Disability Guidelines Treatment in Workers' Compensation, and Occupational and Environmental Medicine Report. He has served as faculty for the American Academy of Disability Evaluating Physicians, the American Academy of Orthopedic Surgeons, the European Union of Medicine in Assurance and Social Security, and numerous other professional associations and medical schools. His publications and lectures have addressed issues such as complex regional pain syndrome (reflex sympathetic dystrophy), mental health claims, brain injury claims, impairment evaluation, medical-legal testimony, the health benefits of returning to work, and hypertension as an occupational illness claim.
Older Workers, Work Injuries and Return to Work: Promise or Pitfall
As the number of workers over age 55 will be growing at a rate that is at least twice that of the general workforce, understanding how to prevent injuries and disability in older workers will become essential. Dr. Pransky will review the evidence for differences between younger and older workers in work performance, occupational health risks, and recovery after work-related injuries. He will explain how a variety of factors can lead to both positive and negative consequences for older workers, and how knowledge of those factors can be used to design programs to specifically address health issues and other factors in this important segment of the workforce, in order to prevent injuries and optimize safe and sustained return to work. Dr. Pransky will offer practical suggestions on how clinicians and employers can use the latest research to implement cost-effective solutions to deal with these challenges.
Dr. Glenn Pransky is Director of the Center for Disability Research at the Liberty Mutual Research Institute in Hopkinton, MA. The Center is dedicated to scientific research on safe and sustained return to work, has over a dozen active studies, and has produced over 50 scientific publications in the past 5 years. He also directs a large NIOSH - funded prospective cohort study of outcomes in work-related injuries and illnesses in older workers, several other studies of disability prevention and rehabilitation effectiveness in work-related musculoskeletal disorders, and an investigation to measure the work performance effects of work-related and other conditions that do not result in full disability. He is the author of over 60 scientific articles on disability, measures of work-related outcomes in occupational injuries and illnesses, treatment interventions, and screening for occupational disease. He is board-certified in both occupational medicine and internal medicine, and holds faculty appointments as an Associate Professor in the Department of Family Medicine and Community Health at the University of Massachusetts Medical School, in Worcester, Mass, and at the Harvard School of Public Health in Boston. Dr. Pransky received his M.D. from the Tufts University School of Medicine, a master's degree in occupational health from the Harvard School of Public Health, and completed a research fellowship at the Agency for Health Care Policy and Research.
Selecting the Correct Workers' Compensation Claims to Defend: From Investigation to Defense
Attorney Kirkpatrick will discuss the key role that the employer/self-insureds can and should play in the selection of which workers' compensation claims to defend. He will review the available issues including causation, liability, disability as well as the defenses to the contested claim. Attorney Kirkpatrick will explain how the proper selection of cases to defend can reduce liability, indemnity and the marginal or fraudulent claim. He will demonstrate with the benefit of past cases he has defended how and why case selection is crucial. Attorney Kirkpatrick will offer practical cost-effective advice on selecting the correct workers' compensation cases to defend.
Donald "Bo" Kirkpatrick, II, Esq. is a trial attorney with the Birmingham, Alabama law firm of Carr, Allison, Pugh, Howard, Oliver & Sission, 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.
Dealing with Injured Workers with Unexplained Medical Symptoms
Dr. Gaines will review the concept of and literature about medically unexplained symptoms and its impact on the workers' compensation system. He will discuss a practical strategy for organizing a medical management approach to an injured worker with medically unexplained symptoms. Dr. Gaines will explain management strategies for getting an injured worker with medically unexplained symptoms back to work and approaches to case closure. He will demonstrate with the use of outcome data applying this approach. Dr. Gaines will offer practical cost-effective suggestions on how to effectively and timely restore injured workers to pre injury function.
William Gaines, Jr., MD, MPH is the Southwest Region Medical Director for Liberty Mutual Insurance Group. In his role he works directly with Liberty Mutual's Claims Service Teams to evaluate work injury/personal and auto claim's causality and extent of injury, assist in provision of medical care for claimant injuries, and train on evidence based medical management. Dr. Gaines has extensive experience in Occupational Medicine as the former Chairman of the Scott&White Clinics/Texas A&M Health Science Center Dept of Occupational Medicine, former Associate Director of the National Science Foundation Ergonomics Research Center, former Associate Medical Director for Procter&Gamble and the former North Slope Medical Director for Conoco-Phillips at Prudhoe Bay, Alaska. Dr. Gaines is board certified in Occupational Medicine and Internal Medicine. He is active in workers' compensation committees on a state and national level and is currently an appointed member of the Texas Department of Workers' Compensation Medical Quality Review Panel Executive Committee.
Lunch (On Your Own) & Exhibits
Workers' Compensation Fraud: Recognize, Investigate, Detect and Deter Fraudulent Claims
Attorney Webb will discuss the numerous indicators that can and should place employers, self-insurers, and workers' compensation carriers on alert to the fact that workers' compensation fraud may be occurring. He will explain how to use surveillance, public records, medical bill review companies, multiple claims, the Internet and the withholding of historical claims and medical information to identify fraudulent claims. Attorney Webb will offer cost-effective suggestions for identifying, uncovering, reducing and defending exaggerated, abusive, or fraudulent workers' compensation claims.
Dale W. Webb, Esq. is a partner and trial attorney with the Roanoke Virginia Law Firm of Frankl, Miller & Webb. Attorney Webb has extensive experience in workers' compensation defense cases for insurance companies and self-insureds, as well as experience representing employers across a broad range of employment law issues. He received his BA from Roanoke College and his JD from the University of Richmond. Attorney Webb is past chairman of the Virginia Association of Defense Attorneys Workers' Compensation Section. He has lectured and written extensively in the area of Workers' Compensation with a particular interest in Workers' Compensation Fraud. Attorney Webb is the author of the RIDD system for combating workers' compensation fraud.
Carpal Tunnel Syndrome: How Flawed Causation Analysis and Overdiagnosis Lead to Poor Treatment Results in Workers' Compensation Patients
Dr. Talmage will review the diagnosis and treatment of carpal tunnel syndrome. He will explain why most of the medical literature associating carpal tunnel syndrome with specific jobs is flawed. Dr. Talmage will demonstrate how carpal tunnel syndrome is diagnosed by nerve conduction testing, and how errors in the testing process can lead to the overdiagnosis of carpal tunnel syndrome. He will discuss how the worker with non-specific hand pain and numbness frequently gets misdiagnosed as carpal tunnel syndrome, gets surgery for a disease he/she does not have, and then gets blamed for the poor result of surgery. Dr. Talmage will offer practical advice on how to choose a physician to interpret nerve conduction testing results in workers.
James B. Talmage, MD, is a treating physician at the Occupational Health Center in Cookeville, Tennessee. He received his BS and MD from Ohio State University. Dr. Talmage is certified by the American Board of Orthopedic Surgery, the American Board of Emergency Medicine. He is certified as a disability examiner by both the American Academy of Disability Evaluating Physicians and the American Board of Independent Medical Examiners. He has written and lectured extensively on the treatment of occupational back pain, carpal tunnel syndrome, disability, and impairment. Dr. Talmage was the Chair of the "Musculoskeletal Medical Advisory Board" for the Medical Disability Advisor (3rd, 4th, and 5th Editions) He was a reviewer of the Guides to the Evaluation of Permanent Impairment, 5th Edition and is an author for the 6th Edition (in progress) He is co-editor of the 2005 text "A Physician's Guide to Return to Work" (AMA Press).
Safety in a Seasoned Workforce: An Interactive Workshop
Ms. DeGaetano will discuss, in an interactive format, the benefits and challenges of the aging worker, aging workforce demographics, issues specific to safety/health, and review solutions options. She will review the characteristics of the aging workforce and chronic illness effects on employers. Ms. DeGaetano will demonstrate the changes as we age in our hearing, vision, mobility, balance, and reaction time. She will explain how these changes can affect you and your workers with increased lost work days and increase in severity of illness/injuries. Ms. DeGaetano will, with the use of attendee's participation offer practical advice on how to customize training for the aging worker and to desensitize management using this interactive technique.
Diane DeGaetano, RN, BSN, OHC, COHN-S is Occupational Health Manager for Merial Limited, a multi-site health and research organization employing 6,500 employees worldwide. She received her BS in Nursing from Georgia State University and her certification as an Occupational Health Nurse Specialist in 1997. Ms. DeGaetano has had 18 years experience in occupational health and safety services management and has lectured extensively on occupational health. Ms. DeGaetano is a former "nurse hero" and "nurse of the year" awarded by the Atlanta Georgia Association of Occupational Health Nurses.
Dealing with Difficult Employees: What all Employers Need to Know
Attorney Adler will review practical workplace and legal issues involved with managing borderline and poorly performing employees. He will discuss setting standards to improve performance, evaluation programs and the practical and key components of a lawful disciplinary program. Attorney Adler will explain preventive strategies to reduce the risk of lawsuits in making employee decisions. He will demonstrate, with the use of examples successful evaluation, discipline and discharge strategies. Attorney Adler will offer practical suggestions on causations, goal setting, discipline, discharge, severance and other workplace programs that are lawful and successful.
Tips and Best Practices in Emergency Planning: The Role of the Occupational Health Professional
COL (Ret) Hundley will discuss practical approaches and best practices for potential emergencies in the workplace. COL (Ret) Hundley will review best practices and guidelines for appropriately responding to catastrophic incidents in the work setting. COL (Ret) Hundley will discuss the essential elements and preplanning steps required for effective Emergency Action Planning. COL (Ret) Hundley will offer practical easy-to-implement strategies for disaster response as well as emergency management and response resources.
Colonel (Retired) Catherine Hundley is a Certified Occupational Health Nurse Specialist and is currently President of ProCare-Professional Healthcare Management Solutions, Inc. COL(Ret) Hundley retired from the Army with 32 years of service. She is beginning a new career in the area of occupational health and safety consulting as well as comprehensive case management services. Katie retired from the Army in 2004 at the rank of Colonel and served as the State Occupational Health Manager for the Virginia Army National Guard. In this capacity, she served as the principal staff advisor and technical consultant to the Adjutant General, Virginia Army National Guard on all matters pertaining to occupational health and safety. In addition to her past employment with the Department of the Army, Katie also worked in the private sector as the Director of OccuMed, a hospital-based occupational medicine service providing services to Fortune 500 companies in the Richmond metropolitan area. During the interval 1999-2003, Katie served as a member of the Board of Directors, American Board for Occupational Health Nurses, Inc. Katie was elected National Chair, ABOHN during 2002-2003.
Extreme Claim Makeover: Best Practices for Occupational Health Professionals in Workers' Compensation Claims
Mr. Quinley will review innovations in "first contact" that can stem hemorrhaging costs. He will discuss best and worst practices in managing workers' compensation claims. Mr. Quinley will demonstrate why it's important to get out from behind the desk and out of the office to assess job duties. He will explain the role of Medical Directors in shaping workers' compensation outcomes. Mr. Quinley will offer practical cost-effective suggestions on how to use leading cutting edge techniques to tune up the management of workers' compensation claims, streamline the process, and trim costs.
Surgical Fads in Back Pain: IDET, Fusion, & Disk Replacement
Dr. Talmage will discuss the science showing that these surgical treatments are not particularly helpful for patients with back ache that is classified as work related injury. He will provide the references to the latest and most rigorous scientific studies and consensus guidelines. Dr. Talmage will demonstrate that, for most patients in the workers' compensation system, these surgical treatments are likely to be disappointing. He will offer insight into the mindset of the well meaning surgeons who continue to perform these surgeries.
Defending Cardiovascular Industrial Claims: Heart Attacks, Strokes, Heart Disease and High Blood Pressure
Attorney Goldstein will review the most frequently encountered types of cardiovascular disease claims, including sudden death, coronary heart disease and myocardial infarctions, and will untangle the web of medical-legal-factual questions that these cases typically present. He will explain the usual theories of causation, typical and not-so-typical defenses, and the obstacles businesses face in persuading the fact finder. Attorney Goldstein will discuss selection of appropriate experts and the use of Fyre and Daubert Motions to challenge speculative theories of causation. He will demonstrate with examples ranging from use of autopsy specimens to accident reconstruction programs; highlighting the strategies that tend to work and those that don't. Attorney Goldstein will offer practical advice to employers and self-insureds on how to respond to cardiovascular disease claims, segregate those to pay from those to fight, and how to enhance your chances of prevailing even in the face of statutory presumptions.
Clifford Goldstein, Esq. is a Workers' Compensation Trial Attorney with the Philadelphia, Pennsylvania Chartwell Law Offices. He received his BA from Temple University and his JD from the Temple University School of Law. Attorney Goldstein has written and lectured extensively on Workers' Compensation issues. He has a particular expertise in the defense of workers' compensation cardiovascular claims. Attorney Goldstein is a former Assistant District Attorney in Philadelphia.
Ethics in Occupational Medicine: The Realities of the Workplace
Dr. Patterson will discuss common ethical dilemmas in the practice of occupational medicine. He will review the definition of ethics and basic ethical principles. Dr. Patterson will explain how to perform an ethical analysis when confronted with an ethical dilemma. Dr. Patterson will offer practical suggestions on how to best approach ethical problems in the clinical practice of occupational medicine.
Dr. Patterson has practiced occupational medicine for over 20 years in hospital based programs, his own practice, and as executive of occupational medicine for multi-site networks. His current position is Assistant Vice President, Northeast zone, Concentra Health Services. Dr. Patterson is a graduate of Harvard College and the University of Vermont College of Medicine. He earned a masters degree in public health from Boston University, where he is a faculty member. Dr. Patterson is board certified in both Internal Medicine and Occupational and Environmental Medicine and a member of the American College of Occupational and Environmental Medicine (Fellow), the American Public Health Association, and the Massachusetts Medical Society. He has served as President of the New England College of Occupational and Environmental Medicine and on its Board of Directors. He has consulted to many large employers and government organizations, such as Hewlett-Packard, Agilent, Philips, OSHA and the Massachusetts Department of Public Health. He serves as Chair of the Millennium Series, ACOEM, and of the Committee on Environmental and Occupational Health of the Massachusetts Medical Society.
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