Complete Schedule

Attendees will learn about how to create a comprehensive drug-free workplace program, from policy development through implementation. Attorney Delogu will explain the benefits and limits of the available drug and alcohol testing choices, including pre and post accident testing, random testing, and probable cause testing. She will review the challenges of legal compliance for a multi-state employer, the role of the MRO, regulated and non-regulated test methodology, and the common mistakes employers make in administering their programs, and offer practical suggestions and best practices.

Nancy Delogu, Esq. is an expert on substance abuse in the workplace. An attorney in the Washington, DC office of the employment law firm Littler Mendelson, P.C. Attorney Delogu specializes in advising employers on developing, implementing, and administering substance abuse prevention programs that comply with the myriad of federal and state laws that affect such programs, including Department of Transportation (DOT) mandated programs. Attorney Delogu was Counsel to the Institute for a Drug-Free Workplace for many years, and before that, served as Associate Director of that non-profit advocacy group. She is also a co-author and former editor of the Guide to State and Federal Drug-Testing Laws. She is a frequent lecturer and author on substance-abuse issues, and other employment law topics such as workplace privacy and disability discrimination. Attorney Delogu graduated from Tufts University with honors and was awarded her Juris Doctor by the College of William and Mary in Williamsburg, Virginia. She is admitted to the bar in Massachusetts, the District of Columbia, and Virginia.

Recent studies have proven that certain risk factors are strongly associated with worse outcomes in work-related injuries. Techniques to identify those problems early on are now available. But what can we do about it? In this presentation, Dr. Pransky will review the latest research, offer practical suggestions and pathways for future development of more effective methods of early risk prediction and intervention to improve return to work outcomes.

Attorney Ritsema will review the investigation, evaluation, preparation, settlement, and trial of the workers’ compensation case for the defense. He will discuss: immediate causality assessment, gathering of records, including civil, criminal, pharmacy, hospital, HR and department records, and site inspection. Attorney Ritsema will explain best practices for aggressive and generous early treatment, active listening and communication with the injured worker, use of ADR, early settlements, and achieving credibility before the workers’ compensation commission. Atty. Ritsema will offer practical suggestions on how occupational health professionals can use staff, synergy, and creativity effectively in contested workers’ compensation cases.

Fred Ritsema, Esq. is a partner and trial attorney in the Denver, Colorado law firm of Ritsema & Lyon. He has been practicing in the area of workers’ compensation since 1976. Attorney Ritsema served for five years as the professional member on the Board of the Colorado Self-Insurer’s Association. He lectures widely in the field of workers’ compensation and bad faith actions and has served as an expert witness in these specialized areas. He has been listed in The Best Lawyers in America since 1997. In addition, he has been listed by 5280 magazine as one of “Denver’s Top Lawyers.” Attorney Ritsema was named “Outstanding Respondent Lawyer” for 2002 by the Professionals in Workers’ Compensation. Law Week Colorado named him a “Best Lawyer 2006.” Mr. Ritsema has been a Colorado “Super Lawyer” since 2005, and in 2007 was inducted into the College of Workers’ Compensation Attorneys. Active in the community, Attorney Ritsema is past president of the Board of Trustees of the Denver Christian Schools, and is currently president of the Board of the Foundation for Volunteers in Action.

Ms. Boucher will examine the prevalence of workplace violence and organizations at particular risk for workplace violence. She will assist employers in understanding the five steps involved in structuring, developing and implementing a comprehensive Workplace Violence Prevention program. By the end of this session, participants will be able to:

Patricia Boucher, RN, BScN, COHN(C), CDMP is Vice President of the Ontario Safety Association for Community Healthcare in Toronto, Ontario, Canada; a program manager for Mohawk College, and instructor for the National Institute for Disability Management and Research. Ms. Boucher received her RN from Niagara College and her BScN and Masters in Health Service Management from Charles Sturt University. She is a prolific author and speaker on preventing workplace violence; disability prevention and management; and on organizational health, safety, and wellness. Ms. Boucher is a certified occupational health nurse, Canadian registered safety professional, and internationally certified disability management professional. She has authored “Developing and Implementing a Workplace Violence Prevention Program” (4 texts).

Dr. Siegel will review shoulder injuries and their diagnoses. He will discuss the pathophysiology and treatment of common but misunderstood shoulder pathologies, including instability disorders and why some patients are slow to recover. Dr. Siegel will explain advances in technology and surgical techniques that have impacted shoulder treatments. Dr. Siegel will offer practical advice for the conservative treatment of shoulder injuries.

Attorney Fitzpatrick with discuss what information may be requested by the employer of the employee in the initial medical certification, and when the employer can require an employee to obtain recertification. He will discuss and answer questions about the FMLA, including: Can employees with less than 12 months service with the employer be nonetheless protected? What process must be followed to obtain an effective waiver of an employee’s FMLA claim? How do you calculate 12 months for the purposes of eligibility and measure 75 miles? When may an employee substitute paid leave for unpaid FMLA leave? What are the pitfalls for an employer who fails to properly notify an employee of his/her FMLA rights? And, when is an employee’s notice of the need for leave sufficient? Attorney Fitzpatrick will provide practical advice on dealing with FMLA and discuss what the status is of proposals to amend the FMLA.

Robert B. Fitzpatrick, Esq. is the principal in the law firm of Robert B. Fitzpatrick, PLLC in Washington, DC where he represents clients in employment law and employee benefits matters. He has concentrated his practice in employment law disputes for over 35 years and has been described by the National Law Journal as being among the top employment lawyers in the country and by the Washingtonian Magazine as “top in employment law” in the Washington, DC area. A nationally known lecturer, Atty. Fitzpatrick chairs a number of ALI-ABA employment law courses. He is also a prolific writer, having written extensively on employment law and other subjects. For about the last ten years, he has provided the Annual Employment Law Update to the D.C. Bar Labor and Employment Law Section. Atty. Fitzpatrick received his JD degree with honors from the George Washington University’s National Law Center in 1967. He has been a member of the Bar of the District of Columbia since 1968. Atty. Fitzpatrick moderated for the American Law Institute/American Bar Association seminar ‘Demystifying the Family Medical Leave Act’.

Dr. Heiba will review the strategic framework of the Integrated Health model. He will describe a value based plan design which includes employees, providers, prevention, chronic disease management, wellness, and disability management. Dr. Heiba will discuss outcome measurements, clinical quality gaps, health risk management, absenteeism, and presenteeism. Dr. Heiba will offer practical cost-effective suggestions successfully engaging the active population and overcoming barriers and disincentives.

Ibrahim Heiba, MD, MPH, TM, is the associate corporate medical director for Eastman Chemical Co. in Kingsport, TN. He received his MD from Alexandria University, Faculty of Medicine and his Masters of Tropical Medicine and Hygiene from the Uniformed Services University of the Health Sciences in Bethesda, MD. Dr. Heiba has written and lectured extensively, both nationally and internationally, on occupational medicine and health. He has played a key role with the integrated health and the benefit divisions in designing and shaping the healthcare benefits for all Eastman employees and their dependants nationwide. Dr. Heiba is board certified in occupational medicine and is a certified medical review officer.

Dr. Seidel will discuss how infectious diseases are increasingly affecting the lives of our mobile workforce, in our food supply, foreign developments, deployments, and global business community. He will summarize current and practical areas of concern, and developments in infectious disease conditions which include: Methicillin Resistant Staph Aureus (MRSA), seasonal and pandemic influenza, meningitis, and contact with patients diagnosed with meningitis, tuberculosis exposures, and varicella zoster (chicken pox and shingles), and common food and blood borne pathogens, SARS, and HIV/AIDS.

Attorney Goodman will discuss OSHA recordable incidents and workers’ compensation, and the relationship between an OSHA “recordable incident” and a “compensable injury”. He will explain which employers must keep illness and injury records, what records must be kept, and how long they must be kept by: exempt employers/industries, multiple business establishments, and record retention. Attorney Goodman will review: Per OSHA, under what circumstances must an illness or injury be recorded? Who are covered employees? What constitutes “work-relatedness” and what are the exceptions? When do injuries to traveling employees need to be recorded? What is a “new case” and what should be done when an injury or illness is not a new case? He will draw on his experiences to answer: May/must the employer honor employees’ requests not to include their names on the company’s illness and injury records? Are there situations where employee names must be kept off the illness and injury records? Who has the right to see the records of illnesses and injuries? When must the records be disclosed? What injuries or illnesses must be reported to OSHA? Are there downsides to over-reporting? Attorney Goodman will offer practical advice and suggestions on dealing with state variations and OSHA recordkeeping and reporting.

George W. Goodman, Esq. is a shareholder and lead litigation attorney at Cummins, Goodman, Fish, Denley & Vickers, PC in Newberg, Oregon. He practices in the area of business defense litigation with emphasis on workers’ compensation, employment law, and OSHA defense. Attorney Goodman represents both insured and self-insured businesses, and he consults with a wide variety of businesses and trade associations. In the course of his career, Attorney Goodman has been involved in more than 50 OSHA fatality/catastrophe investigations and related OSHA and civil litigation in Federal and State jurisdictions. Attorney Goodman received his BA from the University of Wisconsin at Madison, his MFA from the University of Southern California and his JD from Northwestern University School of Law, Lewis and Clark College in Portland, Oregon. He is a member of numerous professional/legal/trade associations including the American Bar Association OSHA Subcommittee, the National Workers’ Compensation Defense Network, the American Society of Safety Engineers, Associated General Contractors, Associated Oregon Industries, the Oregon, Washington and National Self-Insurers Associations, and Associated Oregon Loggers, Inc. Attorney Goodman is a frequent speaker at state, regional, and national meetings.

Ms. Boucher will explain how organizations can approach safety holistically to achieve employee health and wellness, quality client care and public safety, and environmental and workplace health – leading to a goal of total organizational health and wellness. She will provide participants with the knowledge on how to create a culture of safety, health and wellness through the implementation of a health and safety management system. By the end of this session, participants will be able to:

Some case managers excel—they are appreciated by injured workers, employers, workers’ compensation administrators, as they know how to help workers achieve the best possible outcomes. What are the key skills, attitudes, knowledge and behavior of successful RTW coordinators? In this session, Dr. Pransky will present results of his research on the essential characteristics that lead to success in this field, and how this information can be used to improve outcomes.

Dr. Sullivan will discuss pain and disability as a population health problem and the psychology of pain and disability. He will explain the psychological prognostic indicators of poor outcome and the role of catastrophic thinking, fear of pain, perceived victimization and perceived disability. Dr. Sullivan will review the roles that the patients and health care providers play in creating chronicity. Dr. Sullivan will offer practical suggestions for assessing psychosocial risk factors for prolonged pain and disability, intervention approaches for the management of psychosocial risk factors, and targeting psychosocial risk factors to improve return to work outcomes.

Michael John L. Sullivan, Ph.D. is Professor of Psychology, Medicine and Neuroscience and Canada Chair in Behavioral Health at McGill University. He received his B.A. from McGill University and his M.A. and Ph.D. from Concordia University. Dr. Sullivan has written and lectured worldwide on chronic pain, chronicity, and work disability prevention, as well as on other occupational issues. He conducts a clinical practice and extensive research on pain and disability. Dr. Sullivan is an associate editor of Pain and has been awarded Canada Research Chair in Behavioral Health for 2007-2014. His CD release with Stephen Read “Common Ground” was nominated “Best Country Artist” at the East Coast Music Awards.

Mr. Koonce will discuss the impact of the aging workforce and the different work habits and expectations of the new generation entering the workforce. He will examine the focus on health and wellness and company incentives for achieving healthy lifestyles. Mr. Koonce will explain best practices for workers’ compensation: medical management, treatment utilization, evidence based medicine, disability guidelines, PPO networks, fee schedules, and claims administration. Mr. Koonce will demonstrate the effectiveness of adopting a disability prevention model emphasizing a culture for stay at work/return to work. He will review the regulatory environment and its likely impact on employers.

Ms. Olszewski will review the latest developments in the certification of commercial drivers, as well as updates on the U.S. Dept. of Transportation Federal Motor Carrier Safety Administration’s proposed National Registry for Medical Examiners. She will discuss medical qualifications and disqualifications, latest regulations on return to work, and specific medical conditions such as hypertension, diabetes, and obstructive sleep apnea guidelines. Ms. Olszewski will offer practical suggestions for employers, and occupational health professionals for preparing for the national registry and examination protocols.

Dr. Bunch will discuss the role of functional capacity evaluations (FCEs) and how to recognize properly vs. improperly performed FCEs. He will explain methods to ensure safety, reliability & validity, the physical examination methods to accurately assess physical impairments, and special tests to detect non-organic illness behavior. Dr. Bunch will offer practical suggestions on the critical analysis of a FCE report, how to translate the information learned to proper job placement, and how the FCE can assist with return to work.

Dr. Clarke will discuss why conflict arises so frequently in disability management, why we want to prevent it, and when we might specifically not want to prevent it. He will review the types of conflict that helpers and consultants are likely to encounter in disability management scenarios, and will offer techniques for conflict prevention. He will encourage participants in this session to look at how their own attitudes and behaviors as disability management facilitators might inadvertently promote conflict. Dr. Clarke will offer specific suggestions on how we might recognize these in our own practices, and to substitute behaviors that prevent conflict in disability management contexts.

Dr. Powell will discuss why employee motivation is the key factor in determining the success or failure of worksite wellness programs. He will explain the techniques and strategies employers can use to cost-effectively reduce health care costs and increase productivity. Dr. Powell, in an entertaining and informative manner, will present the key behavior modification techniques, including the strategic use of incentives, that can help initiate and maintain employee motivation to make positive lifestyle changes and become wiser health care consumers.

Ms. Kemerer will explain how to create a simplified definition of Case Management suitable for clinician and non-clinician use and how to convert Case Management programming into a measurable, objective metric. She will discuss: Creating systems to monitor global Case Management use and effectiveness, using a leading indicator approach to quantify Case Management, defining a consistent system for Case Management savings capture, capturing Case Management savings on a case-by-case basis, and identifying US-based indicators of risk and potential liability. Ms. Kemerer will offer practical suggestions for demonstrating the corporate impact of implementing a systematic approach to Case Management.

Dr. Bennett will explain the costs of stress in the workplace and the importance of leadership as a stress buffer. He will discuss the major approaches to dealing with stress and the most recent research in workplace stress management. Dr. Bennett will review the role of heart-centered leadership in workplace stress management. Attendees will conduct their own personal stress self-assessment and will receive tools and resources for workplace stress management.

2:30-2:40BREAK, EXHIBITING AND NETWORKING OPPORTUNITY

Attorney von Saucken will review the history of CMS as a Medicare Secondary Payer (MSP). He will explain conditional payments and the CMS review process. Attorney von Saucken will discuss Medicare Set-aside Allocations (MSA), including: what is MSA, how an MSA works, commutation vs. compromise settlements, classes of injured workers, CMS review thresholds, components of an MSA, covered v. non-covered medical expenses, methods of funding an MSA, and release or reduction of MSA funds. Attorney von Saucken will explain the importance of H.B. 2549 and offer practical suggestions for the MPS compliance and the settlement of workers’ compensation claims.