29th Annual National Workers Compensation and Occupational Medicine Conference
July 20, 21-23, 2009
Hyannis, MA
The Resort and Conference Center at Hyannis
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Complete Schedule - Topic & Speaker Descriptions
Tuesday, July 21, 2009
8:00-8:50Registration, Continental Breakfast and Exhibits
8:50-9:00Introductory Remarks, Announcements
9:00-9:50Federal Motor Carrier Safety Administration, U.S. Department of Transportation: Latest Developments 2009
By Ellison H. Wittels MD, FACP
Dr. Wittels will review what medical programs are being developed at the DOT and what these programs will accomplish. He will discuss the current status of the proposed National Registry of Certified Medical Examiners. Dr. Wittels will explain: the process for updating the guidelines and standards, changes in the Obstructive Sleep Apnea medical guidelines, key changes in other guidelines, the future of the exemption programs, and how all these changes will affect examiners, drivers, and carriers. Dr. Wittels will offer practical suggestions for reconciling certification and the ADA and for providing preventive medical programs to commercial drivers.
Dr. Wittels has been the senior medical consultant to the Federal Motor Carrier Safety Administration since 2005. He also is the medical consultant to the Federal Railroad Administration. Dr. Wittels graduated from the University of Oklahoma School of Medicine. He is board certified in internal medicine and occupational medicine and has practiced both internal medicine and occupational medicine. He was on the full-time faculty of Baylor College of Medicine in Houston, TX for 24 years. In 1991, he was named a Fellow of the American College of Physicians. He founded and was chief of the Baylor College of Medicine Occupational Health Program from 1991 to 1999. Currently, he is Senior Physician for Concentra Health Services. His approximately 30 publications have focused primarily on lipid-metabolic diseases, sleep apnea, and economic modeling. He has also authored 2 books on medical certification of commercial drivers. He has chaired two DOT guideline committees, the first on anticoagulation and commercial driving and the second in 2002, Cardiovascular Guidelines for the Medical Examination of Commercial Drivers.
9:50-10:00EXHIBITS AND NETWORKING OPPORTUNITY
10:00-10:50Workers' Compensation Repeat Offenders: What You Can Do About Them
By Robert Grace, Esq.
Attorney Grace will examine the growing problems of "repeat offenders" in the workers' compensation system. With an uncertain economy and increased worker portability, many employers are experiencing claimants who have had multiple accidents with varied employers. Attorney Grace will discuss how you can investigate these claims and maintain the strongest possible defense. Considerations to be reviewed include preexisting conditions, questions that the doctors need to be answering for you, signs of fraud and how you can combat it.
Attorney Robert J. Grace, Jr. received his Masters of Law in international banking law from Boston University in 1991, his Juris Doctorate from the University of Mississippi in 1990, and his Bachelor of Arts degree in political science and history in 1987 from Indiana University. Mr. Grace joined the law firm of Stiles, Taylor & Grace, P.A. in 1991, and is a shareholder. His areas of practice include civil trial practice, workers' compensation and general insurance defense. The firm maintains offices in five Florida cities including Tampa, Miami, Jacksonville, Fort Lauderdale and Tallahassee as well as Atlanta, Georgia.
Mr. Grace is admitted to the Florida Bar, the United States Eleventh Circuit Court of Appeals and the United States District Court for the Middle District of Florida. He is active in the Florida Bar, where he was a committee member of the Clients' Security Fund from 1997 to 2003, serving as Vice-Chairman during 2002-2003. He is also a member of the Trial Lawyers and Workers' Compensation Sections of The Florida Bar. He is also active in the Florida Defense Lawyers' Association, the Defense Research Institute, the Hillsborough County Bar Association and the American Bar Association, where he is a member of the Litigation Section, the Tort and Insurance Practice Section and the Labor and Employment Law section. He is a frequent lecturer around the country on a variety of legal topics. Mr. Grace is "AV" Rated by Martindale-Hubbell and was recognized by Florida Trend Magazine as part of Florida's Legal Elite.
10:50-11:00EXHIBITS AND NETWORKING OPPORTUNITY
11:00-12:00Management of Upper Limb Disorders: Biopsychosocial Factors
By Nicholas Kendall, PhD, MNZCCP
Dr. Kendall will review the relevance of psychosocial factors to work-relevant injury/illness and evidence base. He will discuss how to screen and select workers for relevant psychosocial factors. Dr. Kendall will offer practical cost-effective suggestions for managing psychosocial factors, including integration with standard healthcare and case management.
Nicholas Kendall, Ph.D. is a health services consultant in London, UK and a senior clinical lecturer, occupational and aviation medicine at the University of Otago, New Zealand. Dr. Kendall received his BSc and MSc from the University of Canterbury and his Ph.D. from the University of Otago. Dr. Kendall has lectured extensively and internationally on vocational rehabilitation, upper limb disorders, back pain, and psychosocial yellow flags. Dr. Kendall is the author of numerous publications and papers on occupational health issues.
12:00-1:30LUNCH (ON YOUR OWN) & EXHIBITS
1:30-2:3Breakout Sessions: Choose One
1:30-2:30Developing Accepted Treatment Plans for Contentious Workers' Compensation Claims
By Lee S. Glass, MD
Dr. Glass will explain the goal of an accepted treatment plan: evidence-based, bias-minimized recommendations that are accepted by all parties, and implemented. He will review three distinct phases to developing such recommendations: agreement development, injured worker evaluation, and treatment planning. Dr. Glass will discuss and explain the components of an accepted treatment planning process: exams are multi-disciplinary, treating doctors are encouraged to participate in the treatment planning discussion, treatment planning is based on careful, objective analysis of all relevant information, every effort is made to use evidence-based decision-making, and decisions are by consensus. Dr. Glass will offer practical suggestions for developing an accepted treatment plan in contentious claims.
Lee S. Glass, MD, JD is associate medical director for the state of Washington's Department of Labor and Industries. He functions as an executive level policy advisor for cost-effective quality health care and prevention services. Dr. Glass received his BA and JD from the University of California, and his MD from the University of Washington. Dr. Glass has written and lectured extensively on occupational health, disability, and practice guidelines. He served as editor of the ACOEM Practice Guidelines, 2nd Edition. Dr. Glass chaired ACOEM's Practice Guidelines Committee for five years, and currently chairs its Coding and Classification Committee.
OR
ADA: Latest Developments
By John H. Geaney, Esq.
Attorney Geaney will review the key provisions of the ADA Amendments Act of 2008 and the new "materiality restraints" standard in proving a disability. He will discuss confidentiality and the ADA, light duty, and compliance with the ADA in post-offer medical exams. Atty. Geaney will explain cutting edge issues in reasonable accommodation, including leave as a reasonable accommodation and the importance of the interactive process for employers. Atty. Geaney will offer practical suggestions for dealing with the "direct threat" standard and avoiding retaliation claims when terminating employment.
John H. Geaney, Esq. is a partner in the New Jersey law firm of Capehart & Scatchard. He received his BA from Holy Cross College and his JD from Boston College Law School. Atty. Geaney's practice involves the representation of employers, self insured companies, and insurance carriers in workers' compensation, ADA, and the FMLA. Atty. Geaney has written and lectured extensively on the ADA and conducts training on ADA issues. He has been named a Superlawyer from 2005-2008.
OR
Ergonomics: Optimizing Ergonomic Fit to Prevent Cumulative Trauma Disorders
By Peggy Ross, MS, RN, COHN-S/CM/SM, COHC, CSP
Ms. Ross will explore the fit/function model for ergonomics, identify ergonomic hazards, explore mechanisms of injury, and assess factors that increase risk (potential likelihood and severity of injury). She will discuss posture and will explain how to use a risk-based approach to define solutions; first identify the root cause of ergonomic risk (design vs. posture/habits) and use that information for decision making. She will identify common cumulative trauma disorders of the hand, elbow, shoulder, and back and briefly discuss the mechanism of these gradual onset injuries. Ms. Ross will offer practical cost-effective suggestions for optimizing ergonomic fit and applying control methods to prevent cumulative trauma disorders.
Ms. Ross is manager, environment, health and safety for Baxter Corporate EHS – worldwide. She received her associate degree of nursing from Elgin Community College and her BS from the University of St. Francis. Ms. Ross earned her Master of Science in Occupational Safety and Health from Columbia Southern University. She has written and lectured extensively on ergonomics and other occupational health and safety issues. She is Board Certified by ABOHN as a Certified Occupational Health Nurse Specialist /Case Manager. She is also Board Certified by the Board of Certified Safety Professionals (BCSP) as a Certified Safety Professional (CSP). She is a member of the ASSE, AAOHN and is an active board member of the American Board of Occupational Health Nurses.
EXHIBITS & NETWORKING OPPORTUNITY
2:30-2:40
2:40-3:40Breakout Sessions: Choose One
Knee Pain in the Injured Worker
By Marc J. Breslow, MD
Dr. Breslow will discuss the knee anatomy, history, and examination. He will review imaging of the knee. Dr. Breslow will explain knee pathology, including: fractures, sprains, strains, tears, and aggravated arthritis. Dr. Breslow will compare non-operative vs. operative treatment and will offer practical suggestions for return to work in the injured worker.
Marc J. Breslow, MD is an orthopedic surgeon at the Illinois Bone and Joint Institute and an assistant professor of orthopedics at the University of Illinois Medical Center at Chicago. He received his BA from Dartmouth College and his MD from Rush University College of Medicine. He completed his orthopaedic residency at the Hospital for Joint Diseases in NYC, and his sports medicine and arthroscopy fellowship at Temple University. Dr. Breslow has lectured extensively on knee and shoulder surgery, including: "knee injuries in the workplace" and the surgical treatment of complex knee disorders. Dr. Breslow was a staff physician for the Alvin Ailey Dance Theatre, USTA/US Open Tennis Tournament, and the Women's Professional Beach Volleyball Association.
OR
Return to Work: Use of Light Duty Work Offer
By Gregory T. Presmanes, Esq.
Attorney Presmanes will review what an employer can do to offer light duty work and reduce their exposure to indemnity benefits. He will explain the relationship between the light duty work offer and the settlement value of the claim. Atty. Presmanes will discuss what an employer can do to make sure light duty is managed properly. Atty. Presmanes will offer practical suggestions for making light duty offers after termination or the relocation of the employee.
Gregory T. Presmanes, Esq. is a partner and workers' compensation trial attorney in the Atlanta law firm of Bovis, Kyle, and Burch. Greg is in charge of the firm's workers' compensation department and specializes in the defense of complex workers' compensation cases. Atty. Presmanes has written and lectured extensively on workers' compensation issues. Greg has been named as one of Georgia's Super Lawyers.
OR
Confidentiality for Occupational health Professionals: What Employee Health Information Should be Disclosed
By Patricia B. Strasser, PHD, RN, COHN-S/CM, FAAOHN
Dr. Strasser will present an overview of legislation affecting confidentiality of health information: OSHA, ADA, FMLA, HIPAA, and WC statutes. She will examine ethical standards related to confidentiality of employee medical information. Dr. Strasser will discuss examples of the concept of "minimum necessary" as it relates to disclosure of medical information. Dr. Strasser will offer practical suggestions to help ensure employee medical information is managed appropriately.
Patricia B. Strasser, PhD, RN, COHN-S/CM, FAAOHN, is the owner of Partners in BusinessHealth Solutions, Inc., a Toledo, Ohio health consulting service specializing in occupational health program development and evaluation. In addition, she is an Adjunct Assistant Professor at the University of Michigan School of Nursing. Dr. Strasser received her BSN from the University of Toledo, her MSN from the Medical College of Ohio, and her PhD in Nursing Science from the University of Michigan. Dr. Strasser has written and lectured extensively on a variety of occupational health issues, including confidentiality of employee health information, and case management. She has received occupational health nursing and case management certification from the American Board of Occupational Health Nurses. She is a fellow in the American Association of Occupational Health Nurses.
EXHIBITS & NETWORKING OPPORTUNITY3:40-3:50
3:50-4:50 Breakout Sessions: Choose One
OSHA Under The New Administration
By William L. S. Ross, Esq.
Attorney Ross will outline for you new regulatory standards and other health and safety initiatives in the post-Bush era. He will discuss: current OSHA inspection priorities (why is OSHA at your door?), modern day nuances in OSHA inspections (including multi-employer worksite inspections), and how best to respond. He will explain the use/abuse of OSHA citations in collateral litigation, and settlement language that you should insist on to avoid having your OSHA settlement agreement look like a "surrender document." Attorney Ross also will offer suggestions on when to take your OSHA citations to a Review Commission hearing.
Attorney William L. S. Ross is a partner in the Ohio law firm of Calfee, Halter & Griswold LLP, where he serves as chair of the firm's Workers' Compensation and OSHA group. Attorney Ross' state responsibilities include sitting on the Ohio Workers' Compensation Attorney Certification Board, and having served as past chair of the Ohio State Bar Workers' Compensation Law Committee.
Attorney Ross' national responsibilities include serving on the Board of Directors of the National Workers' Compensation Defense Network, sitting on the American Bar Association's OSHA and Workers' Compensation Subcommittees, and presenting as a frequent author and speaker on employer liabilities, including serving as a guest lecturer at Case Western Reserve University School of Law. He is consistently recognized as one of The Best Lawyers in America and, since 1995, has received the distinction of an ongoing AV rating from Martindale-Hubbell.
OR
Wellness in the Workplace: How to Develop, Implement, and Monitor an Onsite Wellness Program
By Scott Nickerson, RN, BSN, COHN-S
Mr. Nickerson will define changes in the development/implementation of your onsite wellness program. He will offer effective techniques for getting upper management involved and supportive. Mr. Nickerson will demonstrate ways to measure the outcomes by looking at decreased absenteeism, lost time, and reduced workers' compensation injuries. He will offer practical cost-effective suggestions to boost the program, reap the rewards of a healthy workplace, and become revenue saving, generating profits.
Scott Nickerson, RN, BSN, COHN-S is the Director of Employee Health and Wellness: The Ritz-Carlton Resorts of Naples and Team Leader for the Marriott International Crisis Task Force Response Team. Scott received his BSN and BSBA from West Liberty State College. He has lectured on how to develop, implement, and monitor onsite wellness and safety programs for your employees as well as several other related topics. Scott is a certified occupational health nurse specialist and is a former trauma/ER charge nurse for a level one satellite hospital.
OR
Vocational Rehabilitation of Injured Workers
By Nicholas Kendall, PhD, MNZCCP
Dr. Kendall will review the extensive evidence base developed for effective and active rehabilitation of injured workers. He will discuss practical methods to select workers for intervention, timing and delivery, and essential communication. Dr. Kendall will explain the cognitive-behavioral orientation to targeting obstacles to return to work. Dr. Kendall will offer practical cost-effective suggestions for the successful rehabilitation of injured workers.
Nicholas Kendall, Ph.D. is a health services consultant in London, UK and a senior clinical lecturer, occupational and aviation medicine at the University of Otago, New Zealand. Dr. Kendall received his BSc and MSc from the University of Canterbury and his Ph.D. from the University of Otago. Dr. Kendall has lectured extensively and internationally on vocational rehabilitation, upper limb disorders, back pain, and psychosocial yellow flags. Dr. Kendall is the author of numerous publications and papers on occupational health issues.
5:00-6:00
RECEPTION
7:00-8:00Continental Breakfast & Exhibits
8:00-8:50Reinventing Workers' Compensation: Mastering Fundamentals to Produce Extraordinary Results
By Jerry N. Fogel, MS, PT, CHCQM
(Coral Springs, FL)
Mr. Fogel will explain the original intent and fundamental framework of workers' compensation, including founding legal premise, roles & responsibilities, and common myths. He will define the "4 box" model of accident, illness, functional loss, vocational impact as a criteria framework for all WC system decisions, and the 7 fundamental "truths" that are the foundation to a successful WC system or program. Mr. Fogel will discuss the core paradigms or truths regarding normalcy that all clinical decisions should be framed, describe a criteria-based framework for evidenced-based practice, and the personal and organizational transformation models and their role in producing desired outcomes. Mr. Fogel will offer practical cost-effective solutions for reinventing workers' compensation and producing extraordinary results.
Mr. Fogel is a clinician, educator, and consultant, and is principle and President of Imagine Clinical, a healthcare consulting firm, with a special emphasis in Workers' Compensation, serving all industry stakeholders including employers, insurers, the medical community, and government officials and agencies. A veteran of the healthcare industry for over three decades, he has had a broad range of experiences and accomplishments, most noted for his innovative approach. A long time consultant to the State of Florida, Jerry was one of the key architects of the 2003 WC reforms, including key medical provisions and the creation of the precedent-setting universal DWC-25 form. Previously Mr. Fogel was the Director of the Orthopedic PT Graduate Program at Northwestern University Medical School, and has been visiting professor at Medical, Chiropractic, Podiatry and PT schools. He also served as the Clinical Director of a WC Insurance Company. His innovations are many including the establishment of one of the first telephonic nurse case management programs for WC in the country and, more recently, the establishment of a criteria-based model for managing injured workers that has been adopted with unprecedented success by major employers, insurance carriers and the medical community. Mr. Fogel started his career as a practicing clinician, having received his BS in Physical Therapy from SUNY Downstate Medical Center, an Advanced MS in Orthopedic Physical Therapy from Northwestern University, and is a Diplomate of the American Board of Quality Assurance and Utilization Review Physicians (ABQAURP).
8:50-9:00BREAK, EXHIBITS AND NETWORKING OPPORTUNITY
9:00-9:50Abnormal Findings in Normal People: Significance for Claimants and Their Claims
By Russel L. Travis, MD, FACS, FAADEP
Dr. Travis will discuss the thoracic and lumbar disc; normal and abnormal findings, including: disc herniations, annular tears, disc bulges, and degenerative disc disease. He will review the research of asymptomatic people. Dr. Travis will discuss the impact of the aging process in normal people and how these are frequently misinterpreted as abnormal findings and explain why many findings are of little or no medical significance. Dr. Travis will offer practical suggestions for workers' compensation and occupational health professionals on the proper use of diagnostic tests and their results for thoracic and lumbar discs.
Russell L. Travis, MD, FACS, FAADEP is the associate medical director of Cardinal Hill Rehabilitation Hospital and is an asst. professor at the University of Kentucky Physical Medicine and Rehab Dept. He received his BA from Centre College and his MD from the University of Louisville Hospital. Dr. Travis has written and lectured extensively on the spine, imaging, the use and interpretation of imaging, and the significance of abnormal findings in normal people. Dr. Travis is chairman of the board of directors and past president of the American Academy of Disability Evaluating Physicians (AADEP). He is past president of the American Association of Neurological Surgeons and the Neurosurgical Society of America.
9:50-10:00BREAK, EXHIBITING AND NETWORKING OPPORTUNITY
10:00-10:50Cumulative Trauma Injuries: National Trends & Survey
By Donald (Bo) Kirkpatrick, II, Esq.
Attorney Kirkpatrick will review what constitutes a cumulative trauma injury and the standard of proof. He will explain the importance and use of medical testimony in defending cumulative trauma claims. Attorney Kirkpatrick will discuss how to get in front of a cumulative trauma claim. Atty. Kirkpatrick will offer practical suggestions for dealing with the emerging trends in cumulative trauma injuries.
Donald "Bo" Kirkpatrick, II, Esq. is a founding shareholder of the law firm of Carr, Allison, Pugh, Howard, Oliver & Sission, PC. He received his BA from Auburn University and his JD from Cumberland School of Law of Samford University. Attorney Kirkpatrick is a member of the American Bar Association, Alabama State Bar, Alabama Defense Lawyers Association, and Defense Research Institute. He has lectured extensively on workers' compensation issues to business, health, and insurance groups, and represents a number of insurance companies, self-insureds, and corporations.
10:50-11:00BREAK, EXHIBITING AND NETWORKING OPPORTUNITY
11:00-12:00The "Excellent Return to Work Program", What Works!
By Barb Maxwell, RN, MHA, COHN-S, CCM, CWCP, QRP
Ms. Maxwell will review how to improve your return to work program and improve outcomes. She will discuss: effectively integrating the treating physician, use of a multidisciplinary approach, and the key elements of RTW expectations. Ms. Maxwell will explain the roles of investigation, litigation highlights, defense of a denial of a claim, loss control, and the part they can and should play in an effective return to work program.
Barb Maxwell, RN, MHA, COHN-S, CCM, CWCP is the West Florida Division Director Company Care Occupational Health Services for HCA. Ms. Maxwell received her BS from the College of St. Francis and her MS from the University of St. Francis. Ms. Maxwell has lectured extensively on occupational health issues. She currently manages 16 occupational health programs for HCA and 10 company care entry sites. Ms. Maxwell is a co-author of "Workers' Comp Management from A to Z" with Dr. Nancy Menzel. She also holds the following credentials: Certified Case Manager, Certified Occupational Health Nurse-Specialist and a Certified Workers' Compensation Professional.
LUNCH (PROVIDED WITH FACULTY & EXHIBITS)12:00-1:30
Breakout Sessions: Choose One
1:30-2:30
Shoulder Injuries and Treatment in the Injured Worker
By Matthew L. Ramsey, MD
This presentation will discuss common shoulder injuries in the working population. A description of the underlying problems and how treatment is delivered in the unique situation of the injured worker is discussed in detail. The keys to successful treatment will be examined in detail including the value of developing a relationship with the patient, establishing a timeline for treatment, and setting realistic expectations for return to work. At the conclusion of this lecture the participants will have a view of the issues as they pertain to the people on the front line of health care delivery to the injured worker.
Dr. Matthew Ramsey is a shoulder and elbow specialist at the Rothman Institute in Philadelphia, PA. He completed his undergraduate work at State University of New York at Binghamton and earned his M.D. from the State University of New York Health Science Center at Brooklyn. Dr. Ramsey obtained a residency in orthopaedic surgery at Thomas Jefferson University in Philadelphia. He completed a fellowship in shoulder surgery at the University of Pennsylvania Medical Center and was a visiting clinician in elbow surgery at Mayo Clinic. He is an active member of many professional and scientific societies including the American Shoulder and Elbow Surgeons and the Pennsylvania Orthopaedic Society. Dr. Ramsey has held numerous editorial positions for medical journals including Consultant Reviewer for The Journal of Bone and Joint Surgery and Journal of Shoulder and Elbow Surgery. He has given lectures before the American Academy of Orthopaedic Surgeons and the International Congress on Surgery of the Shoulder. Dr. Ramsey was previously at the University of Pennsylvania where he was an Associate Professor in the Department of Orthopaedic Surgery and Chief of the Shoulder and Elbow Service, and has consistently been named on the Best Doctors in America and America's Top Physicians.
OR
Predictive Modeling: Impact on Workers' Compensation and Occupational Health
By William S. Shaw, PhD
Dr. Shaw will explain how predictive modeling can produce benefits for clinical care and case management. He will discuss how predictive modeling can be used for early identification of highrisk workers, and how to screen injured workers for psychosocial and workplace concerns. Dr. Shaw will demonstrate how predictive modeling can reduce costs by directing finite resources to the most challenging and complex injury cases. Dr. Shaw will offer practical suggestions for using predictive modeling as a basis for guiding clinical decision-making in workers' compensation and occupational health.
William S. Shaw, PhD, is an instructor at the University of Massachusetts Medical School and a researcher at the Center for Disability Research in Hopkinton, Massachusetts. Dr. Shaw received a post-doctoral fellowship in occupational health psychology at Georgetown University. He received his PhD from the San Diego State University/University of California, San Diego Joint Doctoral Program in Clinical Psychology with a study emphasis in behavioral medicine. Prior to his graduate studies, he worked as a consulting civil engineer for ten years. He earned his BS in civil engineering from Pennsylvania State University. Dr. Shaw's research focuses on improving return to work outcomes for work-related musculoskeletal conditions through the integration of clinical and workplace factors. Dr. Shaw has written and lectured extensively on occupational medicine, return to work, and predictive modeling.
OR
The Biggest Mistakes Employers Make in Contested Workers' Compensation Cases and How to Avoid Them
By Michael N. Salveson, Esq.
Attorney Salveson will discuss case selection and choosing the wrong cases to litigate. He will explain the common and costly mistakes employers, insurers, and self-insurers make when dealing with defense counsel, including: not calling counsel soon enough, not sending counsel a complete file, attempting to manage the litigation by committee, and pinching pennies. Atty. Salveson will review why employers should not concede on causation without a proper investigation and should not give up when the treating physician's opinion goes against the employer. Atty. Salveson will offer practical cost-effective suggestions for negotiation settlements from a position of strength and not taking the process personally.
Michael N. Salveson, Esq. is a workers' compensation trial attorney with the National Employment and Labor Law Firm of Littler Mendelson, practicing in Virginia. He received his BA from the State University of New York and his JD from George Mason University School of Law. Attorney Salveson, in addition to having litigated over 850 contested workers' compensation cases, provides advice to employers and claims personnel regarding all aspects of the workers' compensation claims process, including initial determinations of compensability, benefit determinations, statutory interpretations, compensability of medical expenses, and vocational rehabilitation issues.
BREAK, EXHIBITING AND NETWORKING OPPORTUNITY
2:30-2:40
Breakout Sessions: Choose One
2:40-3:40
FMLA: The Latest Developments
By Jonathan T. Hyman, Esq.
Attorney Hyman will review the pitfalls in medical certifications - both what to do if you doubt an employee's need for FMLA leave, and the employers' responsibilities to employees taking intermittent leave. Atty. Hyman will discuss several issues concerning "serious health conditions" under the FMLA: the intermingling of the FMLA and the ADA, how to know when an employee's behavior puts an employer on notice of a serious health condition, the treatment of substance abuse as a serious health condition, and employees' use of FMLA to care for a family members' serious health condition. He will also discuss the dangers presented by overly broad employment policies and how they can unwittingly provide coverage not contemplated by the FMLA. He will offer practical suggestions for avoiding retaliation claims while curbing FMLA abuses. Finally, Atty. Hyman will discuss a significant legislative change, the FMLA's new provisions for military families, and a significant administrative change, how to get ready for the Department of Labor's proposed new FMLA regulations.
Jonathan T. Hyman, Esq. is a partner and litigation attorney at Kohrman Jackson & Krantz P.L.L. in Cleveland, OH. Atty. Hyman concentrates his practice in the representation of companies in employment disputes. He has written and lectured extensively on a myriad of employment law issues, including the FMLA. Atty. Hyman has been regularly interviewed and quoted by the local and national media on employment matters, including the National Law Journal, Business Insurance Magazine, Crain's Cleveland Business, Inside Counsel, and Lawyer's USA. He is also a member of the Ohio Chamber of Commerce's Employment Law Committee. Atty. Hyman was named a 2007 Ohio Rising Star Super Lawyer. He is also the author of the Ohio Employer's Law Blog, which can be found at ohioemploymentlaw.blogspot.com. He received his JD from Case Western Reserve University School of Law, and his BA from Binghamton University.
OR
Workers' Compensation Cost Reduction: Three Common Sense Strategies
By James F. Smith, MA, RN, COHN-S, CPEA, CSP
Mr. Smith will discuss how hiring the right people, properly case managing injuries that do occur, and prevention of injuries results in workers' compensation cost reduction. He will explain a cost-effective five step screening process that helps employers hire the right employee, who is skilled, has a safety mentality, and is a team player. Mr. Smith will detail an effective cost management plan that keeps workers' compensation costs in check. He will offer a formalized team root cause analysis (Rcat) of injuries to identify the root causes of injuries and corrective actions to remedy deficiencies in culture that cause injuries.
James F. Smith is the manager of occupational health of John's Manville International. He received his BA from Texas Tech University, his nursing diploma from Methodist Hospital, and his MA from Webster University. Mr. Smith has written and lectured extensively on occupational health and safety issues, and on medical cost management. Mr. Smith is a certified occupational health nurse specialist and a certified safety professional.
OR
Causal Analysis of Occupational Injuries and Diseases
By Omowummi Osinubi, MD, MSc, MBA
Dr. Osinubi will review causal analysis and explain the role of risk factors in disease causation. She will discuss the different types of causal relationships and go through the steps in the determination of cause and effect. Dr. Osinubi will address determination of temporal relationships, consideration of alternative explanations and the common mistakes made in causal analysis. Dr. Osinubi, with the use of case studies, will address bias, confounding factors, synergism, and effect modification in cause and effect relationships.
Dr. Omowunmi (Wunmi) Osinubi is an occupational and environmental medicine consultant to the Veteran's Administration War-related Illness and Injury Study Center, East Orange, New Jersey. She is also an attending physician at the Environmental and Occupational Health Sciences Institute (EOHSI)- an Institute that sponsors research, education and service programs in a multidisciplinary setting that fosters interaction among experts in environmental health, toxicology, occupational health, exposure assessment, public policy and health education. EOHSI serves as an unbiased source of expertise about environmental problems for communities, legal professionals, employers and government in all areas of occupational and environmental health, toxicology and risk assessment. She is an adjunct assistant professor at the UMDNJ - School of Public Health and the UMDNJ-Robert Wood Johnson Medical School. Dr. Osinubi is board certified in occupational medicine and has performed extensive research, teaching, writing, and lecturing in the area of occupational and environmental injuries and illnesses.
WEDNESDAY NIGHT SOCIAL EVENT TBA
7:00-8:00Continental Breakfast & Exhibits
8:00-8:50Health Promotion and Wellness Programs: What Occupational Health Professionals Need to Know
By Frank Alvarez, Esq.
Attorney Alvarez will review health promotion trends and the major legal issues that arise with incentive based wellness plans, particularly those designed as part of a group health plan. He will discuss the use of health risk appraisals/questionnaires and behavior management and the legal risks under HIPAA, ADA, state disability/lifestyle discrimination laws, and state privacy claims. Atty. Alvarez will offer practical suggestions for review and design of wellness programs to keep them compliant and effective.
Frank P. Alvarez, Esq. is a Partner in the White Plains, New York law office of Jackson Lewis. Atty. Alvarez is the national coordinator of Jackson Lewis' Disability, Leave and Health Management Practice Group, which assists employers in meeting the legal and practical challenges posed by federal and state laws protecting injured and ill employees. Mr. Alvarez especially enjoys assisting clients conduct the "individualized assessment" required by a growing number of federal and state laws. These efforts include helping employers effectively communicate with employees and medical providers in an effort to evaluate potential risks to health and safety posed by employee injuries. Recently, Mr. Alvarez has begun leading the Firm into another exciting and fast developing area of workplace law called "health management." Challenged by increases in health care and work injury costs, employers are searching for innovative ways to motivate employees to participate in wellness and health promotion programs. Mr. Alvarez leads a team of Jackson Lewis attorneys who advise employers on ways to implement these important programs while complying with emerging and largely undeveloped federal and state law protections. Atty. Alvarez writes and speaks frequently on disability management issues including legal developments under the Americans with Disabilities Act and the Family and Medical Leave Act.
8:50-9:00BREAK, EXHIBITING AND NETWORKING OPPORTUNITY
9:00-9:50Why Some Workers' Compensation Patients Do Not Get Better
By Ian Blair Fries, MD
Dr. Fries will explain why the early identification of patients who may not get better is paramount to assist the patients to return to gainful employment and resume normal living activities. He will discuss recognition when a patient's recovery is constrained by gains, including: primary (internal benefits), secondary (benefits provided by others), or tertiary (beneficial to others, not necessarily the patient). Dr. Fries will offer practical cost-effective steps that can be taken to minimize the detrimental effects of gains, maximize recovery, and benefit patients.
Ian Blair Fries, MD is a graduate of Columbia College and Columbia College of Physician & Surgeons. He was a surgical intern at New York Hospital Cornell Medical Center, completed orthopedic surgery residency at Hospital for Special Surgery, and had a hand fellowship with Dr. H. Kirk Watson. He is board certified in orthopedic surgery. He was a Major in the United States Air Force Medical Corps, serving as an orthopedic surgeon, flight surgeon, and Consultant to the Surgeon General. He then entered private orthopedic surgical practice in New Jersey. He served as Chairman of the Orthopedic Department at the Medical Center of Ocean County for eleven years. He has thirty years of operative experience with emphasis on spine and hand surgery. He has extensive experience examining and treating workers with musculoskeletal injuries. He is a member of the AAOS Occupational Orthopedic Committee, and is annual faculty for AAOS Occupational Orthopedics Courses. Since 1999, his practice has been primarily legal orthopedics. He has offices in Brick, Wall, Princeton, and Galloway, New Jersey; and Vero Beach, Florida. Dr. Fries has particular interest in medical causality, impairment, disability, and effectiveness of care.
9:50-10:00BREAK, EXHIBITING AND NETWORKING OPPORTUNITY
10:00-10:50How to Avoid and Minimize Litigation Cost from a Defense and Plaintiff's Attorney Perspective: He Said/She Said
By Wendy N. Thornton, Esq. & Thomas S. Thornton, III, Esq.
Attorneys Wendy and Thomas Thornton will discuss strategies and suggestions for avoiding and minimizing litigation cost with your workers' compensation cases from a Plaintiff and Defense attorney's perspective. Attorney Wendy Thornton will explain why an individual seeks an attorney even though you believe you are doing everything right! Attorneys Thomas and Wendy Thornton will provide insight from both sides of the bar on what goes on behind closed doors and how it impacts workers' compensation litigation. Attorneys Wendy and Thomas Thornton will offer practical cost-effective suggestion on how to avoid and minimize litigation costs.
Wendy N. Thornton, Esq. is the founder of the firm, Wendy N. Thornton, PC., located in Birmingham Alabama. Mrs. Thornton is a member of the Birmingham and Alabama State Bar Associations. She has spoken at various conferences throughout the Southeast on topics concerning workers compensation and general liability claims from the Plaintiff's perspective. Atty. Thornton has focused her practice in representing Plaintiff's with claims ranging from workers compensation, premises liability and vehicular accidents.
Thomas S. Thornton, III, Esq. is a shareholder with Carr Allison and practices in its Birmingham, Alabama office. Atty. Thornton is a member of the Birmingham and Alabama State Bar Associations, as well as the Defense Research Institute. He has spoken on a wide range of topics from workers compensation, premises liability, retaliatory discharge, ADA, and FMLA. Attorney Thornton has focused his litigation practice in representing the retail industry in general in the defense of workers compensation, premise liability, transportation, retaliatory discharge and general liability claims, in Alabama, Florida and Mississippi.
10:50-11:00BREAK, EXHIBITING AND NETWORKING OPPORTUNITY
11:00-12:00Beyond The Biomedical; Psychosocial Factors in Pain and Disability
By Kenneth D. Craig, PhD
Professor Craig will explain how managing pain and disability requires appreciation of psychological and social determinants as well as biomedical factors. He will discuss the psychological factors predictive of difficult to control and chronic pain that are evident in the injured person's characteristic patterns of thinking, feeling and behavior. Professor Craig will review evidence indicating that pain catastrophizing and fear avoidance are both prognostic and key treatment targets. Brief self-report screening instruments for these factors are readily available and enjoy psychometric validity. Professor Craig will offer practical suggestions on the merits and pitfalls of how attending to nonverbal behavior can contribute to identification of deception and misrepresentation about pain.
Kenneth D. Craig, Ph.D. is a Senior Investigator, Canadian Institutes of Health Research and Professor, Department of Psychology at the University of British Columbia. Professor Craig has conducted research, written, and lectured extensively on pain and detecting deception and malingering. He is the editor-in-chief of Pain Research and Management and was the guest editor, for the special series on detecting deception and malingering in the Clinical Journal of Pain. Professor Craig was awarded the Canadian Psychological Association Gold Medal for Distinguished and Lasting Contributions to Canadian Psychology in 2008.
LUNCH (on your own) & Exhibits12:30-1:30
Breakout Sessions: Choose One
1:30-2:30
What You Need to See in Your Medical Reports: Effective Use of Questionnaires
By Mark H. Hyman, MD, FACP, FAADEP
Dr. Hyman will explain what an employee's past work history can tell you and the real critical features of a family and social history. He will discuss when taking a review of systems indicates potential trouble and the early clues for illness behavior that leads to delayed recovery. Dr. Hyman will review the questionnaires that can be useful in obtaining critical information. Dr. Hyman will offer practical suggestions for recognizing the deviations from normal mechanical medical progression and use of questionnaires in patient evaluations.
Dr. Mark H. Hyman is an Associate Professor on the clinical faculty at the University of California - Los Angeles (UCLA). He attended The University of Michigan for undergraduate studies. He pursued medical school, internship and residency at UCLA. Now an Associate Professor, his internal medicine research and interests have expanded to include headaches, smoking cessation, spinal disorders, police arrest techniques, Tuberous Sclerosis Complex, impairment and workers' compensation issues. He is currently publishing research on worker compensation patients for sleep disorders, addictions and digital retinal examinations. He is a fellow of the American College of Physicians and the American Academy of Disability Evaluating Physicians. He is currently on the National Board of Directors for AADEP. He has published many articles and is a chapter author for the American Medical Association books, A Physician's Guide to Return to Work, Guides to Disease and Injury Causation, Guides to Functional Capacity Evaluations, Guides Transition Book as well as the Contributing Editor for the AMA Guides 6th Edition. He is on the board for the Guides Newsletter and a reviewer for the Upcoming Guides Casebook Third edition. Dr. Hyman also served as the chair for the Internal Medicine section of the Medical Disability Advisor Fifth Edition. He has lectured extensively for legal groups, the Insurance Industry and at National Disability meetings. Dr. Hyman has testified before the United States Congress as is a national expert on disability issues.
OR
Advanced Disability Case Management: What Works
By Jamie Boseman, RN, MBA/MHA, COHN-S/CM, FAAOHN
Ms. Boseman will discuss leave integration, including: FMLA, workers' compensation, PFL, ADA, pregnancy leave, and non-occupational medical disability. She will review objective measurements, including the data needed and sample charts. Ms. Boseman will explain marketing your process to key players and the value add you can offer. Ms. Boseman will offer practical cost-effective suggestions for: knowledge management, high maintenance cases, and the use of tools, forms, and checklists.
Jamie Boseman, RN, MBA/MHA, COHN-S/CM, FAAOHN is the Operations Manager and an Occupational Health Nurse for occupational health at Stanford University and its 10,000 employees. Ms. Boseman received her BSN from the University of North Carolina at Greensboro and her MBA/MHA from Pfeiffer University. She is a Certified Occupational Health Nurse Specialist with Case Management certification through the American Board for Occupation Health Nurses as well. Ms. Boseman is a past chair of the ABOHN Board of Directors and was inducted to the 2002 Class of Fellows for the American Association of Occupational Health Nurses. She was a member of the ABOHN Case Management Task Force. Ms. Boseman has written and lectured extensively on disability case management.
OR
How to Win Your Workers' Compensation Case at the IME
By Diana L. Wann, Esq.
Attorney Wann will explain how to help compile a comprehensive medical history exhausting all provider possibilities. She will discuss the selection process of your IME, including: selecting a physician or other expert based on personal experience with expert, input from other attorneys, judges, adjustors, nurses and expert's reputation for rendering impartial reports. Atty. Wann will review the comprehensive letter which should be sent to the IME examiner including organized records, work history, job duties, and relevant details. Atty. Wann will explain why it is best to get an initial verbal report and will offer practical suggestions for winning your workers' compensation case by being proactive in the IME process.
Diana L. Wann, Esq. is a workers' compensation trial attorney with the Indiana law firm of McCray Lavallo Frank & Klingler. She received her BS from Indiana University and her JD from Indiana University School of Law. Atty. Wann is a former chairperson of the ABA Labor & Employment Section Workers' Compensation Committee, charter member of the National Workers' Compensation Defense Network and incoming chair of the Defense Trial Counsel of Indiana (2009). Atty. Wann was named one of the best lawyers in America in workers' compensation.
2:30-2:40
BREAK, EXHIBITING AND NETWORKING OPPORTUNITY
Breakout Sessions: Choose One
2:40-3:40
The Aging Workforce and Musculoskeletal Injury
By Joseph P. Zuhosky, MD
Dr. Zuhosky will discuss diagnosis and treatment issues for musculoskeletal injuries that are unique to aging workers. He will review how increasing age affects the differential diagnosis of low back pain and delineate the non-spine diagnosis that may present with back pain in the aging worker. Dr. Zuhosky will explain how to analyze the effect of an advancing age on the determination of causation in workers' compensation claims. Dr. Zuhosky will offer practical suggestions as to the factors specific to the employee and employer that affect functional outcomes of older workers.
Joseph P. Zuhosky, MD specializes in non-operative spine care and spine medicine at Total Spine Specialists in North Carolina. He received his BS from the University of Notre Dame and his MD from Ohio State University College of Medicine. Dr. Zuhosky is board certified in physical medicine and rehabilitation, electrodiagnostic medicine, and pain medicine. Dr. Zuhosky is the co-author of Acute Industrial Musculoskeletal Injuries in the Aging. Dr. Zuhosky continues to be very active in conducting research, teaching, lecturing both locally and nationally and has several book chapters and peer-reviewed articles to his credit. He was recently selected to author several articles for continuing education for his specialty in acute musculoskeletal injuries.
OR
OH Medical Documentation and Recordkeeping: What's Needed
By Margaret Croft-Thompson, RN, PhD, COHN-S, FAAOHN
Dr. Thompson will review the scope of OH medical documentation requirements, including professional practice standards and regulatory requirements. She will address medical recordkeeping requirements of relevant federal laws and regulations: OSHA, HIPAA, FMLA, ADA; the requirements of applicable state laws and regulations and the essentials of professional practice recordkeeping standards. Requirements related to confidentiality and access to employee health information will be reviewed. Dr. Thompson will offer practical suggestions for cost effective medical recordkeeping compliance.
Margaret Croft Thompson, RN, PhD, COHN-S, FAAOHN is a principal in Croft-Taylor Occupational Health Consulting in Ridgefield, CT. She received her BS from St. Francis College, her MSN from Hunter-Bellevue School of Nursing, and her PhD from Columbia University. Dr. Thompson has written and lectured extensively on occupational health issues. She has developed audit processes for quality assurance and identification of non-compliance in occupational health programs and technology based training programs for occupational health practitioners. Dr. Thompson is a Fellow of the American Association of Occupational Health Nurse, a past recipient of the Medique Award for OHN excellence, is on the editorial review panel for the Journal of the American Association of Occupational Health Nurses, and is a member of the Occupational Health and Safety Administration (OSHA) Safety and Health Topic Pages Editorial Board.
OR
Workers' Compensation Fraud: What Employers Can Do About IT
By Marguerite T. Lieu, Esq.
Attorney Lieu will identify potential areas of fraudulent behavior - applicant, medical, or pharmacy provider, attorney, and carrier. She will explain how to gather and maintain evidence of fraud and how, when, and to whom to report it. Atty. Lieu will review civil immunity, the impact on benefit hearings, and ancillary benefits. Atty. Lieu will offer best practices for working with your examiner, broker, or attorney, and for cooperating with law enforcement.
Marguerite T. Lieu, Esq. is a partner in the San Diego law firm of Manning & Marder, Kass, Ellrod, Ramirez LLP. Ms. Lieu joined the firm in 1995 after success in numerous jury trials, grand jury proceedings, and investigations at the Los Angeles District Attorney's Office. While assigned to the Insurance Fraud Division, Ms. Lieu became a key member of the team investigating and prosecuting prolific medical-legal provider Dr. Mark Kaplan and his co-conspirators for workers' compensation fraud. The convictions resulted in a prison sentence and the forfeiture of Dr. Kaplan's $7.5 million in assets. Atty. Lieu obtained her Bachelor of Arts degree from the University of Washington, and her Juris Doctorate from Pepperdine University School of Law. Her practice consists of the defense of fraudulent and complex workers' compensation claims. In addition, she represents and counsels employers and businesses on employment and labor issues, contract negotiation, general liability, and other aspects of risk management.