Complete Schedule

Attorney Jones will explain why and how many contested workers’ compensation claims are lost unnecessarily. He will go beyond the traditional defenses and provide advanced strategies to demonstrate the role occupational health professionals can play. He will explain the interaction between the employer, its carrier, and any TPA (third party administrator), the defense counsel, the workers’ attorney, treating physicians, IME physicians, vocational rehabilitation experts, and the workers’ compensation system. Attorney Jones will discuss strategies and a defense “team” approach that will significantly reduce workers’ compensation liability. He will discuss how employers can use prompt reporting and taking of witness statements, developing a list of preferred physicians, surveillance, second injury funds, and light duty programs successfully.

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

Ms. Guzik will review the expected service outcomes of a quality occupational health provider and discuss the importance of quality health care and its impact on corporate health cost control. She will discuss: How to evaluate and select quality providers, questions to ask, and checklists to utilize in the evaluation process. Ms. Guzik will explain how to conduct an audit of the provider. She will offer practical cost effective suggestions on specific measures of performance and value added services.

Arlene Guzik, MSN, ARNP-BC, COHN-S, 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. She is currently pursuing a Doctorate Degree in Nursing Practice at Case Western Reserve 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, recently authored two chapters in the book Workers’ Comp: A to Z, and is a past President of the Florida State Association of Occupational Health Nurses as well as “Nurse of the Year.” She is board certified as an occupational health nurse specialist and is a fellow in the American Association of Occupational Health Nurses.

Dr. Goldman will discuss for each of the following disorders using illustrative cases: potential precipitating repetitive motions, presenting symptoms, diagnosis, other risk factors, treatment, and prevention:
• DeQuervain’s tendonitis
• Lateral epicondylitis (“tennis elbow”)
• Medial epicondylitis (“golfer’s elbow”)
• Cubital tunnel syndrome (ulnar neuropathy)
• thoracic outlet syndrome
• non-specific syndromes

She will offer practical suggestions for dealing with these disorders.

Rose H. Goldman, MD, MPH is an associate professor of medicine at Harvard Medical School, Associate Professor in the department of Environmental Health, Harvard School of Public Health and Chief of Occupational and Environmental Medicine of the Cambridge Health Alliance. She received her BA from Brown University, her MD from Yale University School of Medicine and her MS and MPH from the Harvard School of Public Health. Dr. Goldman has lectured, written and conducted extensive research in many areas of occupational medicine. She is the recipient of numerous awards and honors including the Harriet Hardy Award for a physician who exemplifies the highest ideals of occupational and environmental practice.

Dr. Waddell will discuss nonorganic signs (‘Waddell signs’), symptom magnification and other clinical presentations of illness behavior. He will explain underlying psychological mechanisms. Dr. Waddell will describe a logical process of decision-making to reach an expert opinion on conscious malingering or unconscious psychological disturbance. He will demonstrate that proper understanding and use of this evidence is fundamental to the validity of expert status, evidence and opinion. Dr. Waddell will offer practical suggestions on how this can be applied in an independent medical assessment, a medical report, and expert testimony in court.

Attorney Escalera will review how to achieve successful outcomes when managing a disabled employee without being subject to retaliation or disability discrimination lawsuits. He will explain how to effectively obtain useful information from treating physicians and occupational health practitioners with the use of detailed questionnaires. Attorney Escalera will review how to use IMEs effectively to obtain the type of information necessary to support adverse personnel actions involving disabled employees. Attorney Escalera will explain the proper methodology for navigating the various laws that impact personnel actions regarding impaired workers, including WC and FMLA. Attorney Escalera will offer practical advice on how to minimize the legal risks of termination and achieve successful outcomes.

Miguel A. Escalera Jr., Esq., is a partner and trial lawyer at the Hartford, Connecticut law firm of Kainen, Escalera & McHale, PC. He received his BS degree in history and diplomacy from Georgetown University, his JD degree from Washington College of Law, American University, and his Masters of Law degree from The Judge Advocate General’s School. The emphasis of Attorney Escalera’s practice is labor and employment law and litigation. He served with the Army Judge Advocate General’s Corps for nine years where he engaged in extensive criminal and civil litigation. Attorney Escalera was last stationed at the Pentagon where he acted as lead counsel defending Army and Department of Defense officials in employment discrimination suits for the Army Litigation Division. Since 1990, Attorney Escalera has been exclusively defending private and public sector employers in labor and employment matters. Attorney Escalera has defended numerous employment discrimination and wrongful termination suits in various state courts, federal district courts, and United States Courts of Appeal. He has written and lectured extensively on the Americans with Disabilities Act, sexual harassment, drug testing, wage and hour compliance, effective hiring and management of employees, and avoiding wrongful termination suits. Mr. Escalera was selected in 2005, 2006 and 2007 to be listed in The Best Lawyers in America.

Attorney Wilson will review the background and history of disallowing or reducing WC to an employee who tests positive for drugs following an on the job accident. He will discuss the various state laws governing the types of tests allowed or required, and the DOT testing requirements including collection, shipment to the lab, testing, and MRO confirmation. Attorney Wilson will offer practical suggestions and strategies for dealing with dilutions, substitution, adulteration, refusal and non-DOT testing.

David Wilson, Esq. is the senior partner of the Birmingham law firm of Wilson & Berryhill, P.C. David is a graduate of Auburn University, with a Bachelor of Science degree in Transportation. He received his JD from Birmingham School of Law. He has tried approximately 150 jury trials to verdict, approximately 250 workers’ compensation trials to verdict, and has participated in approximately 35 reported Appellate decisions. He is a member of the Defense Research Institute, where he currently serves as chair of the Workers’ Compensation Committee, and also serves on the steering committee for the Trucking Law Committee. Attorney Wilson is a member of the Alabama Defense Lawyers Association, the Alabama Workers’ Compensation Defense Lawyers Association, the Alabama Workers Compensation Claims Organization and several other industry associations. Attorney Wilson is Board Certified as a Civil Trial Specialist by the National Board of Trial Advocacy, one of only 38 attorneys in Alabama to have earned this certification. David is a frequent lecturer and writer for claim and industry groups, and attorneys, on topics within his areas of specialty.

Mr. Raderstorf will discuss the most effective techniques for occupational health professionals to utilize when interacting with treating physicians. He will explain the types of questions to ask, the red flags to be aware of and how to emphasize functionality over symptoms. Mr. Raderstorf will offer practical suggestions for empowering disability managers, rehabilitation professionals and other occupational health professionals to be proactive in managing psychiatric issues and maximize return to work, yet still respecting the treating physician relationship with their patients.

Dr. Reissman will review the need for gold standards in diagnosis and objective testing and the difficulty in developing validated diagnostic criteria. He will discuss the rationale for functional restoration and the need for additional research in pathophysiology of pain disorders. Dr. Reissman will explain the abuse of procedures and interventional process and the overuse of dependency producing medications. Dr. Reissman will offer his insight how the abuse of the workers’ compensation system impedes the return to work process.

Dori B. Reissman, MD, MPH (CAPT, U.S. Public Health Service) is currently working on a comprehensive strategy for deployment safety and health aimed at federal public health and medical emergency responders.  Dr Reissman has also been providing leadership and vision for the Centers of Disease Control and Prevention (CDC) and the National Institute for Occupational Safety and Health (NIOSH) focused on the psychological and social determinants of behaviors associated with large-scale public health threats and emergencies.  These efforts have been implemented through emergency response service, expert consultation, applied behavioral research, and policy guidance.   

Phil Walker, Esq. is a Professional Speaker, Instructor, and National Trial Counsel for California Workers’ Compensation and Longshore defense in San Francisco, California. For over 20 years, he has represented California’s largest airlines, shipyards, steel companies, retailers, universities, and insurers in workers’ compensation and Longshore matters. Phil has served as House Counsel for US Steel; General Counsel for Insignia Douglas Elliman in New York City (New York’s largest residential real estate firm); and Managing Attorney for Fireman’s Fund Insurance Company. He is Speaker, Trial Counsel, and Longshore Head for Adelson, Testan, & Brundo in San Francisco. Phil has been a national Legal Columnist for Genre Magazine, host of his own television show in San Francisco, and appeared as “the Clerk of Court” with Gene Hackman in A Class Action. He is a member of the Bars of California, New York, and the District of Columbia. He was educated at Vanderbilt University and Washington & Lee Law School.

Dr. Genovese will review classic models of causation analysis, including what types of literature are “proof ” of a causal relationship, and the physiologic changes expected with injury, as well as those that characterize aging. She will explain how “diagnostic labeling” drives inappropriate acceptance of causation and why you should never accept the existence of literature supporting an association between an event and a condition as “proof ” that they are causally related. Dr. Genovese will demonstrate, through actual case reviews, how providers erroneously accept causation by not being
sufficiently thorough or failing to question linkages between historical events and pathology (or purported pathology) that are not physiologically plausible. She will propose a more aggressive and intensive approach to causation analysis both early, and throughout the life, of a claim.

Dr. Genovese will offer practical cost-effective suggestions on how to reduce claims costs by:

• Insisting upon greater diagnostic precision (or lack of precision, when appropriate),
• Structuring interactions with providers in a fashion that encourages accurate causation analysis, and
• Identifying the warning signs that indicate causation may become an issue in a claim.

Dr. Elizabeth Genovese received her BA magna cum laude, Phi Beta Kappa from Harvard, her MD from the University of Pennsylvania, and her MBA from the Wharton School. Holding board certifications in Internal Medicine, and Preventative (Occupational) Medicine, she has been Medical Director of two successful multi-site occupational medicine clinics prior to (and contemporaneous with) her current position of Medical Director for IMX Medical Management Services. Dr. Genovese is Course Director for ACOEM’s Musculoskeletal Examination and Treatment course, Co-Director of the ACOEM Clinical Practice Guidelines course, and has lectured for the American College of Occupational and Environmental Medicine (ACOEM), the American Academy of Disability Evaluation Physicians (AADEP) and various non-medical audiences. She is adjunct professor at the University of Pennsylvania School of Medicine where she lectures on IMEs, Coding, Impairment Ratings, and FCEs, for the Occupational Medicine Residency, and has served on multiple ACOEM committees and the AADEP Board of Directors. Among other publications, most recently she was a contributing editor for the ACOEM Clinical Practice Guidelines, is editor of “Insights” (the Guidelines Newsletter) and is one of the section editors for the AMA Guides to Impairment – 6th edition.

Attorney Principe will explain how OSHA works, with particular emphasis on issues for healthcare professionals, including what prompts an inspection, how to handle an inspection, and how to defend a citation. In addition, Mr. Principe will provide training on the latest OSHA recordkeeping interpretations.

Ms. Guzik will identify the specific goals of effective case management and will provide attendees with specific strategies to implement to achieve their goals. She will provide a comprehensive view of challenges and outcomes of case management from a variety of perspectives. Review of actual cases will offer the participant the opportunity to analyze cases and determine approaches to effective case management, resulting in quality and cost effective outcomes.

Dr. Christian chaired the 21 physician group that developed ACOEM’s latest Guideline entitled “Preventing Needless Work Disability by Helping People Stay Employed.” The group shared a desire to spread the word among all sectors of society (a) that withdrawal from work is rarely required for strictly medical reasons, and (b) that non-medical factors are the actual causes of needless work disability-and can often be addressed. Dr. Christian will explain how the failure to acknowledge and address normal human reactions and behavior, relationships, workplace realities, incentive mal-alignment, and other situational factors creates and prolongs work disability and increases costs. Dr. Christian will discuss the Guideline’s sixteen recommendations for improvement that are based on a mixture of scientific evidence, real-world best practices, practical experience, and a big-picture perspective.

Jennifer Christian, MD, MPH, is President and Chief Medical Officer of Webility Corporation in Wayland, Massachusetts, a consulting and training firm focused on preventing disability by optimizing stay at work and return to work decision-making. Dr. Christian received her AB from Sarah Lawrence College and her MD and MPH from the University of Washington. Dr. Christian is certified in occupational medicine by the American Board of Preventive Medicine. She is the Chair of the Stay at Work and Return to Work Process Improvement Committee as well as Chair of the Work Fitness and Disability Section of the American College of Occupational and Environmental Medicine. Dr. Christian is a former Physician of the Year and President of the Alaska State Medical Association.

Attorney Susser will review employee rights and employer obligations under each of the federal leave related statutes (while referencing state law protections), and explain the manner in which employers must integrate the different requirements of each statute where they overlap. He will discuss how employers should respond to requests for leave or an accommodation, in addition to determining the eligibility of employees for particular leaves. Attorney Susser will explain the reinstatement requirements of various leave laws and the interplay between those requirements and your organization’s attendance policies. He will demonstrate how employers should designate leave time correctly, and what they need to clearly communicate regarding restrictions on leave, and applicable requirements for reinstatement and return to-work following protected leave. Attorney Susser will offer practical suggestions on how to develop and implement an effective strategy for dealing with protected leaves and effectively managing employee attendance. By going beyond the basics, this session will explore some of the thorniest issues created by these leave laws, and consider effective strategies for regaining control of the organization’s attendance policies.

Attorney Connolly will review why litigated workers’ compensation claims remain unresolved. He will explain the factors which impact the ability to accelerate claim resolution and closure. Attorney Connolly will offer an accelerated claim closure strategy including settlement considerations. Attorney Connolly will offer practical cost-effective suggestions on the ways occupational health professionals can make a difference in the successful resolution of old/difficult workers’ compensation claims.

Attorney John P. Connolly is a partner and trial attorney in the Chicago Defense Firm of Brady, Connolly and Masuda, P.C. He received his BA from Loyola University of Chicago and his JD from DePaul University College of Law. Attorney Connolly has more than 15 years of experience in the preparation and defense of workers’ compensation and employer liability claims. Attorney Connolly has lectured extensively on defending workers’ compensation and related civil litigation and on how to successfully implement an accelerated claim closure strategy in the day-to-day handling of workers’ compensation claims.

Attorney Martin will review the legal issues and implications surrounding downsizing and a reduction in force. She will explain how to deal with the older worker who is a poor performer either due to age related medical conditions or due to chronic under performing. Attorney Martin will demonstrate the need for coaching, counseling and discipline prior to discharge. Attorney Martin will offer practical guidance on how to maximize productivity and minimize legal exposure in facing the Aging Boom.

Mitzi Harris Martin, Esq. a partner and employment attorney in the National Law Firm of Baker & Daniels, received her BS from Auburn University, her MS from Indiana University, and her JD from Indiana University School of Law. Attorney Martin has written and lectured extensively on all aspects of employment law. Her preventive maintenance initiatives include developing policies related to injured/ill employees, equal employment opportunity compliance, substance use and abuse, workplace violence, wage hour obligations, and labor relations. Attorney Martin assists clients in developing strategies for effectively investigating alleged wrongdoing and restructuring their workforces so as to avoid legal liability. She also defends employers before state and federal agencies and courts.

Attorney Lampert will review different terms of art used in workers’ compensation claims including: aggravation, exacerbation, pre-existing condition, major contributing cause and significant cause. He will discuss the key role occupational health professionals can have in documenting initial claims, allegations, statements, and histories of injured workers. Attorney Lampert will analyze the role that changes in diagnostic test results, increases in symptoms, and other subjective complaints have in the outcomes of contested workers’ compensation cases. He will off er practical suggestions about how best to discover and utilize these medical clues, especially in contested workers’ compensation cases.

Dr. Battié will review the dramatic paradigm shifts that have taken place over the past decade related to common spinal disorders in the understanding of determinants of disc degeneration. She will discuss the many occupational exposures suspected of increasing risk of “back injury” that have been found to have modest or negligible effects on degeneration or structural damage of the lumbar spine. Dr. Battié will explore the genetic influences on lumbar spine degeneration and pathology that have been found to be very substantial, dwarfing those of other suspected risk factors and the new findings that suggest that routine physical loading has some beneficial effects in delaying disc desiccation associated with aging and degeneration. She will explain what all this means to the “injury model” of occupational low back pain and why this knowledge is of importance to the clinician involved in routine patient care.

Michele Crites Battié, PhD is a professor in the department of physical therapy at the University of Alberta, Canada, Research Chair in common spinal disorders, and co-director, Alberta Provincial Canadian Institute of Health Research Training Program in Bone and Joint Health. She received her BS and MSC from the University of Washington and her PhD, Doctor of Medical Science from the University of Gothenburg. Dr. Battié has conducted extensive research and published widely on lumbar spinal disorders. She is the co-author of “Lumbar Back Pain: Incidence, Prevalence and Risk Factors.” Dr. Battie is on the editorial board of Spine and the Back Letter and is an ad hoc reviewer for numerous other medical journals.

Dr. Menzel will review the multifactorial model of etiology of musculoskeletal disorders (MSDs). She will discuss primary prevention interventions for reducing workplace psychosocial stressors (e.g., job dissatisfaction, job strain) prior to claims for injury. Dr. Menzel will present tools for screening injured workers for psychosocial risk factors likely to slow recovery. Dr. Menzel will suggest interventions for reducing non work psychosocial risk factors for prolonged disability and offer practical cost-effective solutions to achieve optimum return to work.

Mr. Rosen will define workplace violence and review the epidemiology of workplace homicide and nonfatal assault; which industries and occupations are effected and discuss its impact on the victims, their families, and their work organizations. He will review the “typology” developed by CALSOHA that is based on the relationship between the perpetrator and victim of workplace violence, explore the OSHA Guidelines for the Prevention of Workplace Violence and cover key steps in establishing a program. Mr. Rosen will explain methods for assessing workplace violence risk factors and offer workplace violence prevention interventions and best practices. Mr. Rosen will offer practical suggestions for preventing workplace violence.

Jonathan Rosen is the Director, Occupational Safety & Health Department NYS Public Employees Federation, AFL-CIO. He received his BS from Empire State College and his MS in Industrial Health from the University of Michigan and is a certified industrial hygienist. Mr. Rosen has lectured and written extensively on the issue of preventing workplace violence. He is co-investigator CDC funded intervention study for the “evaluation of workplace violence prevention intervention”. Mr. Rosen is Director, Occupational Safety & Health Department for the NYS Public Employees Federation and is responsible for leading the union’s health and safety program for 52,000 professional scientific and technical state employees. He is also adjunct faculty Cornell University New York School of Industrial Relations.

Ms. Manuszak will discuss the benefits of cost-effective medical management of occupational injuries delivered on-site. These benef ts include: healthier workers, decreased health care costs, decreased lost time and increased production. She will explain the importance of access to care and the benefits of care delivered in a trusted environment. Ms. Manuszak will demonstrate the cost savings generated with the care of the occupational health nurse extended with nurse practitioners, physician assistants and local physicians.

Margaret (Peggy) A. Manuszak, MS, RN, COHN-S/CM is a corporate nurse manager for Perdue Farms, Inc., in Salisbury Maryland. She received her BS and MS from St. John’s University. Ms. Manuszak has lectured extensively on occupational health issues. She is a certified occupational health nurse specialist/case management and received an award for excellence in occupational health nursing for the Northeast Association of Occupational Health Nurses.

Mrs. Bush will review how successful environmental, health, and safety programs are moving away from N F E R E N C E I  “trailing indicators” such as lost days and incident rates that measure failures in safety and health to a more proactive approach known as “leading indicators”. Leading indicators measure or track actions, events or processes that precede and influence safety and health performance. She will discuss the difference between trailing and leading indicators and will demonstrate how to get started with leading indicators in your business. She will describe the strategy and targets that pertain to leading indicators and the metrics used to measure them. Mrs. Bush will demonstrate how the development and use of leading indicators will assist businesses to get to the true root cause of incidents and put measures in place to prevent them.

Attorney Weissmann will review current statutory and policy requirements for Medicare Set Asides as well as legal recommendations for settlements below the threshold amounts. She will discuss the legal issues involved in Medicare Set Asides and how clients can avoid pitfalls in using non lawyer vendors in a legal area of heavy federal regulation. Attorney Weissmann will demonstrate how to evaluate, allocate and submit a formal Medicare Set Aside for CMS review and approval with the greatest protection to the client to avoid any potential problems with Medicare. She will explain the process employed by his firm, a national leader in Medicare Set Asides, to quickly and efficiently process them and the need for trust agreements for client protection. Attorney Weissmann will offer practical suggestions for dealing with claim files where the settlement calls for consideration and protection of Medicare’s interests.

Dr. Murphy will discuss the integrated role that somatic and psychological factors play in occupational disability and how these can conspire to interfere with effective return to work. He will then discuss how all members of the occupational health team can use this information to help motivate the injured worker to return to normal activities, including work, as quickly as possible. He will review the literature on those factors that have been found to perpetuate ongoing disability. Dr. Murphy will explain how interventions in the form of both specific treatment and effective communication between the occupational health team and the injured worker can decrease the worker’s risk of developing ongoing disability. He will demonstrate techniques of communication that can be used by all involved in the transition of the injured from disability to ability to help facilitate a smooth return to work strategy. Dr. Murphy will offer practical suggestions on how to ensure that the entire occupational health team is delivering the same message to the injured worker with regard to being empathetic about issues such as fear and catastrophizing about returning to work, while at the same time encouraging a rapid return to work approach.