27th Annual National Workers Compensation and Occupational Medicine Conference
July 16, 17-19,
2007
Hyannis, MA
Four Points by Sheraton Hyannis Resort
www.sheraton.com
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Complete Schedule - Topic & Speaker Descriptions
8:00-8:50Registration,
Continental Breakfast and Exhibits
8:50-9:00Introductory
Remarks, Announcements
9:00-10:00Is
Work Good for Your Health and Well-being?
By Professor Gordon Waddell
Dr. Waddell will discuss the interactions between
work and health. He will explain current social security problems
and challenges in the UK and US. Dr. Waddell will describe a large
evidence review carried out for the UK Department for Work and
Pensions, as part of the evidence base for the UK Health, Work
and Well-being Strategy. He will demonstrate that the findings
force us to change the way we think about health and work - in
health care, in the workplace, and in society. Dr. Waddell will
offer practical suggestions on how these ideas can be applied to
clinical management, occupational management of health at work, and
social policy.
Dr. Waddell is an orthopaedic surgeon who is now an Honorary
Professor in the Centre for Psychosocial and Disability Research,
University of Cardiff. Dr. Waddell has undertaken clinical and
scientific research into how patients with back pain and spinal
disorders react to injury, disability and clinical assessment
techniques. This has produced approximately 120 scientific papers
and received awards from national and international societies
including the British Orthopaedic Association, the American Pain
Society and the International Society for the Study of the Lumbar
Spine. Dr. Waddell is regularly invited as a Visiting Professor to
lecture throughout the UK, Europe, North America and Australia. Dr.
Waddell is the creator of the "Waddell Signs" used internationally.
10:00-11:00Winning
the Contested Workers' Compensation Claim: Advanced Strategies and
Defenses
By H. Douglas Jones, Esq.
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.
11:00-11:10BREAK AND
NETWORKING OPPORTUNITY
11:10-12:00Expecting
and Achieving Excellence from your Medical Provider
By Arlene Guzik MSN,
ARNP-BC,
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.
12:00-1:30LUNCH
(ON YOUR OWN) & EXHIBITS
1:30-2:25Breakout
Sessions: Choose One
Appropriate Use of Rehabilitation with Physical and Occupational Therapy for Musculoskeletal Disorders
By Michael Erdil MD, FACOEM
Physical and occupational therapy is commonly
employed as a treatment intervention for patients with work related
musculoskeletal disorders, accounting for approximately 10% of
medical costs in workers' compensation. Despite its widespread use,
there are limited well designed literature studies to clarify the
efficacy of many interventions, or which diagnoses and patients are
likely to benefit from specific rehabilitation interventions. As a
result, utilization rates and duration of treatment with physical
therapy and occupational therapy may vary widely, with potential for
the development of treatment dependence and increasing costs without
improving outcomes. Dr. Erdil will discuss appropriate use of
physical and occupational therapy for musculoskeletal disorders as
well as expectations regarding documentation of treatment and
functional gains. He will review evidence based medical literature
and will explain ways to identify red
flags associated with inappropriate or excessive treatment, as well
as practical ways to communicate and deal with providers who are
outliers.
Michael Erdil, MD, FACOEM, is the Medical Director for Johnson
Occupational Medicine Center, an affiliate of Johnson Memorial
Hospital, an Assistant Professor at the University of Connecticut
Health Center and Associate Clinical Staff in the Department of
Medicine at Hartford Hospital. 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 is on the Editorial Board for the
Official Disability
Guidelines, Treatment in Workers Compensation, 4th edition
(2006) and
Reed's Medical Disability Adviser, 5th edition (2006). 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.
OR
Why Injured Workers Hire Lawyers
By Nancy R. Mogab, Esq.
Attorney Mogab will review the myriad of reasons why
injured workers retain lawyers including: poor communication by the
employer/insurer, slow payment/denial of benefits/dealing with the
bureaucracy and uncertainties regarding medical care and
re-employment. She will explain why lawyers are needed in complex
and contested cases. Attorney Mogab will discuss how the way the
employee is treated by the system impacts their desire and ability
to return to work successfully. Attorney Mogab will offer practical
suggestions on how employers and insurers can improve the way
injured workers are treated to facilitate their return to productive
employment.
Nancy R. Mogab, Esq. is a trial attorney with the St. Louis Law
Firm of Mogab & Hughes. She received her BA from St. Mary's College,
Notre Dame and her JD from St. Louis University School of Law.
Attorney Mogab has written and lectured extensively on all aspects
of workers' compensation law. She is a member of ATLA and is a
sustaining member of WILG. She is a past president of Kid's Chance
of Missouri, on the Board of Directors for Kids' Chance of America,
she is past president of the Lawyers Association of St. Louis,
member of the National Organization of Social Security Claimants
Representatives (NOSSCR), she is a member of the Missouri
Association of Trial Attorneys. Mogab is licensed to practice in
Missouri, the United States District Court; Eastern District, and
the Court of Veterans Appeals. Attorney Mogab represents injured
workers in workers' compensation, social security disability claims,
long term disability and personal injury.
OR
Work-Related Disorders of
the Distal Upper Extremity: Going Beyond Carpal Tunnel Syndrome
By Rose H. Goldman MD, MPH
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.
2:25-2:35BREAK, EXHIBITS AND
NETWORKING OPPORTUNITY
Breakout Sessions: Choose One
2:35-3:30Cultural
and Linguistic Considerations in the Treatment of Occupational
Injuries: What Works
By Walter J. Torres, PhD
Dr. Torres will review the research on ethnic,
cultural and linguistic issues that affect the treatment and
outcomes of occupational injuries. He will describe and explain the
problems that occur between the most unacculturated injured workers
and their medical providers and will offer strategies for mitigating
or eliminating these problems. Dr. Torres will suggest culturally
and linguistically relevant practices that can enhance the
effectiveness of occupational health facilities.
Walter J. Torres, PhD is a clinical and forensic
psychologist in Denver, Colorado. He completed his doctorate at the
University of Colorado and his clinical internship at the
Massachusetts General Hospital. Dr. Torres' lecture on cultural and
linguistic issues that affect the treatment of occupational injuries
has been incorporated into the Colorado Division of Workers'
Compensation physician accreditation program. Dr. Torres was a
psychology consultant on work stress issues for the United Postal
Service. His forensic practice focuses on criminal matters and on
psychological fitness for duty evaluations of physicians, nurses and
pilots.
OR
Clinical Assessment of
Illness Behavior and Malingering
By Professor Gordon Waddell
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.
OR
Managing Disabled Employees:
How to be in Charge
By Miguel A.
Escalera, Jr., Esq.
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.
3:30-3:40BREAK, EXHIBITS AND
NETWORKING OPPORTUNITY
Breakout Sessions: Choose One
3:40-4:40Occupational
Cancer: The Latest Developments
By Christopher John Martin, MD, MSc
Dr. Martin will review how much of cancer is due to
occupational causes. He will discuss the specific mechanisms of
carcinogens and the latest developments to evaluate them. Dr. Martin
will list factors that may raise suspicion of a cancer being related
to occupations and will provide an approach to determine when a
cancer may be work related.
Dr. Christopher Martin is an Associate Professor
in the Institute of Occupational and Environmental Health,
Department of Community Medicine, West Virginia University School of
Medicine. He completed a Bachelor of Science from McGill University,
a Medical Doctorate from Memorial University of Newfoundland, and a
Master's Degree in Environmental Health from the University of
Alberta. He is a Fellow of the Royal College of Physicians of Canada
in Occupational Medicine, a Fellow of the American College of
Occupational and Environmental Medicine and is board certified in
occupational medicine by the American Board of Preventive Medicine.
Dr. Martin is an active educator within the School of Medicine,
nationally and internationally. In addition to serving as Chair of
the Curriculum Committee, he coordinates and is the principle
lecturer for the second-year medical school courses Epidemiology and
Biostatistics and Health of the Public. In 2002, Dr. Martin was
selected by the class of 2004 to receive the MacLachlan Award for
teaching excellence and in both 2003 and 2004 he was nominated to
receive the Distinguished Teacher Award for the School of Medicine.
In 2004, he was the recipient of Dean's Award for Excellence in
Education. Dr. Martin has written and lectured extensively on
occupational medicine with a special emphasis on occupational
diseases.
OR
Workers' Compensation Post
Accident Drug Testing: To DOT or Not?
By David M. Wilson, Esq.
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.
OR
Working with Treating
Physicians to Maximize RTW: Mental Health in the Workplace
By Mark Raderstorf, MA, CRC, CCM
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.
Mr. Mark Raderstorf is the President of
Behavioral Medical Interventions in Minneapolis, MN, and is a
licensed psychologist. As a former psychotherapist, he brings a
unique perspective to his present role as consultant and trainer in
psychiatric disability management. Mr. Raderstorf has lectured
extensively on mental health issues in the workplace in the US and
Canada. He received his MA in counseling psychology at Texas Tech
University and his BS in psychology from Ohio State University. He
is the author of "Managing Mental Health Disability in the
Workplace" and co-author of
"Mental Health Issues
in the Workplace: Maintaining a Productive Workforce."
Mr. Raderstorf is a
certified rehabilitation counselor and certified case manager.
4:45-6:00RECEPTION:
NETWORKING OPPORTUNITY
8:00-9:00Continental
Breakfast & Exhibits
9:00-10:00Chronic
Pain: What Works for Injured Workers and Employers
By Dori B. Reissman, MD, MPH
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.
Dr. Reissman completed Residency training in
Occupational and Environmental Medicine in 1997, including a Masters
in Public Health at the University of Illinois. Previously, she
completed Residency training in Psychiatry and provided psychiatric
consultation services in private and faculty-based practices in
addition to teaching and supervisory positions in
university-affiliated hospitals. Dr. Reissman was Chief of the
Emergency Psychiatric Services at St. Vincent's Hospital and Medical
Center of New York when the 1993 World Trade Center bombing incident
occurred. She received the Medical Degree from Albert Einstein
College of Medicine, New York in 1984. Prior to medical training,
Dr. Reissman obtained a Bachelors degree in Environmental Sciences
from Cook College, Rutgers University in NJ, and a Masters degree in
Pharmacology and Toxicology from Columbia University in New York.
10:00-11:00Winning
Strategies in Handling Workers' Compensation by America's Most
Successful Companies
By Phil Walker, Esq.
Attorney Walker will review how informing employees
reduces claims and how employers can and should think "outside the
box." He will discuss the power of surveillance, post-hiring
assessment and baseline impairment. Attorney Walker will explain how
to use modified duty to reduce costs and lost time. Attorney Walker
will utilize the workers' compensation experiences of some of the
nation's largest companies: US Steel, Wal-Mart, Disney, Fireman's
Fund and American Building Maintenance of New York, to explain
winning workers' compensation strategies.
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.
11:00-11:10BREAK,
EXHIBITS AND
NETWORKING OPPORTUNITY
11:10-12:00"Injury
versus Intolerance" - A New Approach to Causation Analysis
By Elizabeth
Genovese, MD, MBA, FAADEP
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.
12:00-1:30LUNCH PROVIDED
WITH FACULTY-NETWORKING OPPORTUNITY
1:30-2:55Breakout
Sessions: Choose One
OSHA for Health Care Professionals: How OSHA Works and Recordkeeping
Training
By William K.
Principe, Esq.
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.
William K. Principe, Esq. is a member of the law
firm Constangy, Brooks & Smith, LLC in Atlanta, Georgia. Bill
focuses his practice on occupational safety and health regulatory
issues. He works with companies on compliance with both federal
Occupational Safety and Health Administration and state safety and
health regulations. Before joining Constangy, Bill was an attorney
with the Occupational Safety and Health Review Commission in
Washington, D.C. Bill is the author of
"OSHA Injury and
Illness Recordkeeping: Best Practices," "Key Changes to the New OSHA
Recordkeeping Rules,"
and
" Preparing for an
OSHA Inspection" in the "ACCA Docket,"
the magazine of the
American Corporate Counsel Association. Bill received his BA,
magna cum laude, from Notre Dame and his J.D. from Georgetown.
OR
Effective Occupational
Health Case Management: What Works
By Arlene Guzik MSN,
ARNP-BC, COHN-S, FAAOHN
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.
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.
OR
Preventing Needless Work
Disability: ACOEM's New Model for Work Disability
By Jennifer
Christian MD, MPH
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.
2:55-3:05BREAK, EXHIBITS AND
NETWORKING OPPORTUNITY
Breakout Sessions: Choose One
3:05-4:30Advanced
Ergonomics for Employers: What Works with the Aging Workforce,
Healthcare Professionals and Office Workers?
By Ronald Porter,
PT, CEAS
Mr. Porter will review the musculoskeletal disorder
injury and rehabilitation process with special focus on the aging
workforce. He will explain issues involving Job Performance during
shift work. Mr. Porter will demonstrate how to use a "Job/Process
Hazard Analysis" worksheet. He will discuss the benefits and role of
an ERGO Leader in companies. Mr. Porter will offer practical advice
on motivating employees to take "personal responsibility" at work
and home to reduce their exposure to ergonomics risk factors.
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. DuPont, 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.
OR
ADA, FMLA and Workers'
Compensation: The Latest Developments
By Peter A. Susser, Esq.
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.
Peter A. Susser, Esq. is a trial attorney and
partner in Washington, DC office of the National Employment and
Labor Law Firm of Littler Mendelson. He received his BS from
Cornell, his JD from the College of William and Mary and his LLM
from Georgetown University Law Center and has practiced employment
law for the past 25 years. Attorney Susser has written and lectured
extensively on the ADA, FMLA and Disability Discrimination in the
workplace. He is the author of the
Family and Medical
Leave Handbook
and Disability
Discrimination in the Workplace. Attorney Susser has
participated in rule making proceedings under the ADA before Federal
agencies.
OR
Behavior Analysis for
Safety: Understanding Why Employees Do What They Do
By Sarah R. Budde,
RN, COHN, CSP
This is an interactive session to learn and apply
the science of human behavior to health and safety. The principles
also apply to Behavior-based Safety, other areas of performance
management, personal relationships and your own attempts at behavior
modification. We will practice analysis of unsafe/safe behavior and
demonstrate use of the technique to modify our own and the behavior
of those we interact with.
Sarah R. Budde, RN, COHN, CSP is principle at
the Kentucky Occupational Health and Safety Consulting Firm of Sarah
Budde and Associates. She received her RN from St. Elizabeth
Hospital School of Nursing and her BGS from Western Kentucky
University. With more than 25 years experience in Occupational
Health and Safety, Sarah is well rounded in all aspects. She served
as Safety Leader and Occupational Health Resource for major
corporations such as SCA, Weyerhaeuser, and FMC. Responsibilities
also included the areas of Human Resources, Facility Management and
Environment. While with SCA, Risk Analysis and Behavior-Based Safety
programs were initiated and lost-time injury rates were below 1.0.
WEDNESDAY NIGHT SOCIAL EVENT TBA
8:00-9:00Continental
Breakfast & Exhibits
9:00-10:00Disaster
Readiness and Response: What the Occupational Health Professional
Needs to Know
By John Howard, MD
Dr. Howard will review the basic principles of
emergency preparedness for the 21st century American workforce. He
will explain how these principles can be applied to several of the
potential threats that the American workforce now confronts. Dr.
Howard will discuss in detail pandemic fl u preparedness. He will
offer practical suggestions for the occupational health community on
how best to prepare and respond to 21st century emergencies whether
they be man-made emergencies like terrorism or natural emergencies
like hurricanes and pandemic influenza.
John Howard, MD is the Director of the National
Institute for Occupational Safety and Health Centers for Disease
Control and Prevention. Dr. Howard received his BS from the
University of San Diego, his MD from the Strict School of Medicine,
Loyola University, his MPH from Harvard University and his JD from
the University of California School of Law. Dr. Howard has written
and lectured extensively on numerous timely occupational health and
safety issues. He is the Coordinator, United States Department of
Health and Human Services World Trade Center Programs. Dr. Howard is
an Assistant Clinical Professor, Department of Medicine, University
of California, Irvine and is a diplomate of the American Board of
Internal Medicine and the American Board of Preventive Medicine.
10:00-11:00Closing
the Old/Difficult Workers' Compensation Claim: What Works
By John P. Connolly,
Esq.
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.
11:00-11:10BREAK,
EXHIBITS AND
NETWORKING OPPORTUNITY
11:10-12:00Facing
the Aging Boom: A Strategic Legal Plan for Employers
By Mitzi Harris
Martin, Esq.
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.
12:00-1:30LUNCH
(ON YOUR OWN) & EXHIBITS
1:30-2:25Breakout
Sessions: Choose One
Medical Clues to Legal
Concepts in Workers' Compensation Cases
By Donald E. Lampert,
Esq.
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.
Donald E. Lampert, Esq. is a Workers'
Compensation and Employment defense trial attorney at the Ohio Law
Firm of Calfee, Halter & Griswold LLP. He received his BA from the
University of Pittsburgh, his MA from the University of
Pennsylvania, his PhD from Rutgers University and his JD from Case
Western University School of Law. An Adjunct Professor at Case
Western Reserve University School of Law where he teaches the course
in workers' compensation law and theory, Attorney Lampert serves as
the academic advisor for the Ohio State Bar Association's Workers'
Compensation Specialty Board. He has lectured at seminars sponsored
by private and public organizations including the American Bar
Association, Ohio State Bar Association and the National Workers'
Compensation Defense Network. Attorney Lampert has been listed
in The Best Lawyers in America for 10 years, designated an
Ohio
Super
Lawyer and
has an AV rating from Martindale-Hubbell.
OR
The Etiology and
Pathogenesis of Spinal Disorders
By Michele Crites Battie, PhD
Dr. Batti� 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. Batti� 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 Batti�, 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. Batti� 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.
OR
Psychosocial Factors in
Musculoskeletal Disorders and Disability: Interventions Before and
After Injury
By Nancy Nivison Menzel, PhD, RN, COHN-S
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.
Nancy Nivison Menzel, PhD, RN, COHN-S is an
Associate Professor at the University of Nevada Las Vegas School of
Nursing. She received her BSN from Cornell University, her MA from
Columbia University, her MS from Boston University, her SM from the
Harvard School of Public Health, and her PhD from the University of
South Florida. Dr. Menzel has conducted research, written, and
lectured on psychosocial factors in musculoskeletal disorders. She
is the author of
"Workers' Comp
Management From A to Z: A How to Guide With Forms"
and is a former first
Vice President, Florida State Association of Occupational Health
Nurses. Dr. Menzel is an article reviewer for the
Journal of
International Nursing Studies
and is on the
editorial board of the AAOHN Journal.
2:25-2:35BREAK, EXHIBITS AND
NETWORKING OPPORTUNITY
Breakout Sessions: Choose One
2:35-3:30How
to Obtain an Excellent IME Report: What Works
By Thomas D. Johnson, BS, MBA
Mr. Johnson will review what you can do to improve
your chances of receiving a thorough and objective IME report. He
will discuss physician selection and how to create clear, effective
cover letters. Mr. Johnson will demonstrate with examples how the
insurer, the injured party, and the public are worse off if the IME
process is poorly managed. Mr. Johnson will review some of the
biggest mistakes those requesting IMEs make and will offer
suggestions on how to avoid these mistakes. He will explain where to
go for further information and training. Mr. Johnson will offer
practical advice on how to reduce the headaches associated with
managing an effective and efficient Independent Medical Evaluation
process.
Thomas D. Johnson is the president of Abeton
Inc. in Portland, Oregon. He received his BS from Oregon State
University and his MBA from the University of Oxford, England. Mr.
Johnson has been a panelist and speaker at the SEAK National IME
Summit 2003-2006. He is one of the national proponents of a
transparent IME process with objective medical reports and has been
a key player in helping re-define the future of IMEs in the United
States.
OR
Preventing Workplace
Violence: Best Practices
By Jonathan Rosen, MS, CIH
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.
OR
On-Site Health Care for
Occupational Injuries: Cost-Effective Excellence
By Margaret (Peggy) A. Manuszak MS, RN, COHN-S/CM
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.
3:30-3:40BREAK, EXHIBITS AND
NETWORKING OPPORTUNITY
Breakout Sessions: Choose One
3:40-4:40Leading
Indicators: A Proactive Safety and Health Improvement Process
By Debbie W. Bush, RN, COHN-S/CM
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.
Debbie W. Bush, RN, COHN-S/CM is a senior
occupational health nurse at Baxter Healthcare in Largo Florida. She
is an occupational health nurse specialist (COHN-S) and a certified
case manager (CM). Ms. Bush has had over 35 years of nursing
experience with over 17 years in occupational health. She has led
the management of workers' compensation programs and has
successfully created and implemented occupational health and
wellness programs. Ms. Bush regularly speaks on workers'
compensation, ergonomics and health and wellness.
OR
Medicare Set-Asides: Impact
on Settlement and Closing of Medical Benefits
By Ann Weissmann, Esq.
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.
Ann Weissmann, Esq. is a trial attorney at the
Birmingham, Alabama Law Firm of Carr Allison. She received her
BA from Auburn University and her JD from Loyola University School
of Law. Attorney Weissmann emphasizes medicare set asides in
her practice. Carr Allison attorneys have worked with Medicare
Set-asides for several years. They have extensive experience
in representing clients across the United States in cases in which
Medicare has an interest. Attorney Weissmann is a member of
the Alabama and Louisiana State Bar Associations and has taught "The
continuing evolution of Oklahoma Workers' Compensation; Vintage
2007".
OR
Motivating Patients to
Return to Work: How Occupational Health Professionals Can Make a
Difference
By Donald R. Murphy DC, DACAN
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.
Donald R. Murphy, DC, DACAN is the Clinical
Director, Rhode Island Spine Center and a Clinical Assistant
Professor, Brown University Medical School. He received his BS from
Excelsior College and his DC from the New York Chiropractic College.
Dr. Murphy has written and lectured extensively on occupational
health issues and return to work. He is the co-author of
"Return to Work After
Two Years of Total Disability"
and is editor of the
textbook Conservative Management of Cervical Spine Syndromes.
Dr. Murphy is an experienced and distinguished teacher.