2009 Agenda

The 2009 agenda will be posted as soon as it is available.

2008 Agenda 

Wednesday, May 14, 2008
7:30 am	8:30 am	Workshop Registration and Continental Breakfast
8:30 am	11:30 am	(Choose 1 of 3 Workshops)
		Workshop #1 Comprehensive Update on the California Workers' Comp Reform Implementation: The Latest Court Decisions and Current Litigation Trends (H7728003)
		Workshop #2 Combating Fraud, Exaggerated Claims, and Repeat Offenders: Collaborating with Legal, Claims, and Investigations Professionals for Effective Prevention, Detection, and Prosecution (H7728004)
		Workshop #3 Employment Law and Workers' Comp: Avoiding the Liability Traps for Wrongful Termination, Retaliation, Discrimination, and Violations of CFRA/FMLA and FEHA/ADA (H7728027)
11:00 am	12:30 pm	Main Conference Registration & Light Lunch in Exhibit Hall
12:30 pm	12:45 pm	Opening Remarks from the Chairs
12:45 pm	1:30 pm	OPENING KEYNOTE SESSION: Update from the California Department of Insurance on Key Workers' Compensation Issues
1:30 pm	2:30 pm	FRAUD PANEL DISCUSSION New Aggressive Enforcement Efforts to Combat Workers' Compensation Fraud in California
2:30 pm	3:15 pm	KEYNOTE SESSION: WORKERS' COMP APPEALS BOARD UPDATE Recent WCAB Decisions and Their Impact on Stakeholders in the Workers' Comp System
3:15 pm	3:45 pm	Break in Exhibit Hall
3:45 pm	4:30 pm	(Choose 1 of 2)
		CASE STUDY: UNIVERSITY OF CALIFORNIA How the University of California Manages Workplace Injuries to Reduce Claims and Improve Operational Efficiencies (H7728006)
		PANEL DISCUSSION AND CASE STUDIES: RETURN TO WORK New Research Results on the SB 899 Reform Implementation from the Commission on Health and Safety and Workers' Compensation: Medical Treatment Integration and Return to Work (H7728007)
4:30 pm	5:30 pm	(Choose 1 of 2)
		COMPLEX CAUSATION ISSUES Evidence Based Litigation: Using the Tools and Methods of Public Health Science to Analyze and Defend Complex Cases of Causation and Apportionment (H7728009)
		PANEL DISCUSSION: SELF-INSURANCE UPDATE California Workers' Comp Self-Insurance: Claims-Management Strategies and Best Practices to Reduce Overall Claim Costs (H7728010)
5:30 pm	6:00 pm	California Workers' Comp Open Mic: Get Answers to Your Most Pressing Questions!
Thursday, May 15, 2008
8:30 am	8:40 am	Opening Remarks from the Chair
8:40 am	9:20 am	KEYNOTE SESSION Update from the California Department of Industrial Relations: Key Issues Impacting Workers' Compensation and the Future Direction of the DIR
9:20 am	10:00 am	KEYNOTE SESSION The Latest News from the California Division of Workers' Comp and What's on the Horizon
10:00 am	10:30 am	Refreshment Break with Exhibitors
10:30 am	11:30 am	KEYNOTE SESSION: LEGISLATIVE UPDATE AND PANEL DISCUSSION Solutions to Burning Issues Facing the California Workers' Comp System: How Far Have We Come and Where Do We Go from Here?
11:30 am	12:30 am	(Choose 1 of 2)
		INJURY PREVENTION CASE STUDY: WHOLE FOODS MARKET Proven Techniques for Reducing the Frequency and Severity of Workplace Injuries (H7728012)
		WORKERS' COMP AND HR Managing Your Most Problematic Workers' Comp Claimants: Strategies for Dealing with Thorny Issues and Day-to-Day Drama While Reducing Liability Risks and Workers' Comp Costs (H7728013)
12:30 pm	2:00 pm	Networking Lunch in Exhibit Hall
2:00 pm	2:45 pm	(Choose 1 of 2)
		ACCELERATED CLAIM CLOSURE STRATEGY How to Close Difficult Unresolved Workers' Comp Claims: Successfully Implementing an Accelerated Claim Closure Strategy (H7728015)
		ASK THE DOCTOR Everything You Always Wanted to Ask the Claimant's Physician, But Never Had a Chance (H7728016)
2:45 pm	3:30 pm	(Choose 1 of 2)
		PANEL DISCUSSION: UTILIZATION-REVIEW UPDATE The New UR Regulations and What These Changes Will Mean for California Employers and Other Stakeholders (H7728018)
		COMPLIANCE: ADA/FEHA AND RISK MANAGEMENT A House United-Integrating Risk Management and ADA/FEHA Responsibilities for the Injured Worker (H7728019)
3:30 pm	3:45 pm	Break
3:45 pm	4:30 pm	(Choose 1 of 2)
		MEDICARE SET-ASIDE ALLOCATIONS Medicare in Workers' Comp Settlements: Critical Insights and Guidelines Regarding Medicare Set-Aside Allocations (H7728021)
		CASE STUDY: REVAMPING YOUR WORKERS' COMP PROGRAM Using Workers' Comp Metrics to Measure the Success of Your Workers' Comp Program and Implement Change Initiatives That Achieve Results (H7728022)
4:30 pm	5:30 pm	(Choose 1 of 2)
		CASE STUDY: MPNs Medical Provider Networks: To Have or Not to Have-That Is the Question (H7728024)
		CLAIMS MANAGEMENT AND DEFENSE Ensuring That You Are Getting the Best Return on Investment from Your Insurance Carrier and Defense Counsel (H7728025)
5:30 pm		Conference Concludes
8:30 am Workshop #1:  Comprehensive Update on the California Workers' Comp Reform Implementation: The Latest Court Decisions and Current Litigation Trends (H7728003) The past two years brought a rash of court decisions interpreting the workers' comp reform legislation and defining the retroactive effect of SB 899 on prereform cases. And this year workers' comp attorneys are anticipating continuing, heated litigation and further court interpretations of the reforms in a number of key areas. This in-depth workshop will provide you with a complete update on significant workers' comp court decisions and pending litigation and how they are likely to impact employers and others on the frontlines of workers' comp. Our leading workers' comp defense attorneys will bring you the vital information you need to stay in compliance and reduce your exposure. In addition, you will hear from a claimant's attorney who will provide you with proactive strategies to decrease your litigation risks. Topics to be addressed include: Which permanent disability schedule applies and how to correctly calculate permanent disability ratings and apportionment between old and new schedule injuries How apportionment will apply in cases where all of the injuries are rated under the new schedule How diminished future earning capacity (DFEC) is appropriately used The latest cases on 132a and serious and willful misconduct Procedural issues that can have a devastating impact on your case and how to avoid them Who pays for experts in cases involving testimony used to refute the rating schedule and when does the testimony come in? Why development of the factual record is key in AOE/COE cases What is an amputation and why is that so important in cases involving serious injuries with protracted recovery times? How ACOEM will be applied to treatment utilization issues and whether it can be applied in chronic injury situations Barry Lesch, Esq., Partner LAUGHLIN, FALBO, LEVY & MORESI LLP James Pettibone, Esq., Managing Partner LAUGHLIN, FALBO, LEVY & MORESI LLP Alex Wong, Esq., Partner JONES, CLIFFORD, JOHNSON & JOHNSON LLP Back
8:30 am Workshop #2:  Combating Fraud, Exaggerated Claims, and Repeat Offenders: Collaborating with Legal, Claims, and Investigations Professionals for Effective Prevention, Detection, and Prosecution (H7728004) Insurance fraud costs California consumers and businesses an estimated $15 billion per year. It is this staggering statistic that put an aggressive campaign to fight workers' comp and other forms of insurance fraud high on Insurance Commissioner Poizner's priority list. During this interactive three-hour workshop, our panel of industry experts will provide you with an arsenal of strategies to help you combat workers' comp fraud and protect your organization. Topics to be addressed include: What to look out for now: Identifying the various workers' comp fraud scams in California Deterring malingerers, exaggerated claims, and repeat offenders: Implementing airtight policies and procedures to promote a "zero-tolerance" work environment for fraud Strategies for conducting thorough workplace investigations Interviewing witnesses: Critical questions to ask that will elicit the information you need Utilizing effective surveillance tips and other techniques without violating privacy rights Critical documentation: Ensuring that your accident report includes all of the vital information How to enhance your chances of a successful defense of claims and a successful prosecution for workers' comp fraud: Essential steps to prepare your case Daniel P. O'Brien, Esq., Managing Attorney FLOYD, SKEREN & KELLY, LLP Amanda A. Manukian, Esq., Managing Attorney FLOYD, SKEREN & KELLY, LLP Steven J. Appleby, President APPLEBY & COMPANY, INC. Back
8:30 am Workshop #3:  Employment Law and Workers' Comp: Avoiding the Liability Traps for Wrongful Termination, Retaliation, Discrimination, and Violations of CFRA/FMLA and FEHA/ADA (H7728027) This interactive three-hour workshop will provide you with the knowledge and strategies you need to stay in compliance while handling thorny employment law and workers' comp issues. Find out how to protect your organization from costly lawsuits. Topics to be addressed include: Responding to new judicial decisions. Understanding California's most recent decisions from state and federal court and what they mean for your organization Preventing costly blunders: Tactics that will help you stay out of court Implementing sound hiring policies: Pre- and postemployment practices to ward off future problems Before you say "You're fired": Discipline and termination policies and procedures that will protect your organization Avoiding the three-car pileup: CFRA/FMLA, FEHA/ADA, and workers' comp laws Preventing retaliation lawsuits: Effective training for managers and supervisors Case studies: Discover solutions to real-life employment law and workers' comp predicaments Learn how the Sacramento Kings organization avoids liability and ensures compliance Mary E. Farrell, Esq., Partner MURPHY AUSTIN ADAMS SCHOENFELD LLP Barry S. Pearlman, Esq., Founder LAW OFFICES OF PEARLMAN, BORSKA & WAX Linda Clouser, Human Resources Director COUNTY OF MENDICINO Back
12:30 pm Opening Remarks from the Chairs Lori C. Kammerer, Principal KAMMERER & COMPANY Back
12:45 pm OPENING KEYNOTE SESSION: Update from the California Department of Insurance on Key Workers' Compensation Issues This enlightening keynote address will provide you with an update on the progress that the Department of Insurance has made in Commissioner Poizner's first year in office. Find out what workers' compensation goals have been achieved and the new objectives for 2008 that will impact employers and other stakeholders in the workers' comp system. Steve Poizner, Insurance Commissioner STATE OF CALIFORNIA DEPARTMENT OF INSURANCE Back
1:30 pm FRAUD PANEL DISCUSSION New Aggressive Enforcement Efforts to Combat Workers' Compensation Fraud in California As part of an aggressive antifraud campaign, Insurance Commissioner Steve Poizner created an Advisory Task Force on Insurance Fraud that brought together public- and private-sector experts to develop innovative methods to combat insurance fraud. Bill Zachry, task force member and Chair of the California Fraud Assessment Commission, will moderate an enlightening panel discussion among some of the key members of the Commissioner's task force, who will bring you their insights, findings, and recommendations for fighting workers' comp fraud. Topics to be addressed include: Workers' comp fraud prosecutions in California: Update on recent cases and successful convictions Rotation of experienced prosecutors away from workers' comp programs What you need to know about the latest medical-provider fraud schemes Addressing the challenges of claimants' fraud reporting Workers' comp premium fraud and the underground economy in California Efficiency of the CDI Fraud Division: Experience and staffing levels of Department of Insurance investigators Moderator: William M. Zachry VP, Workers' Compensation, SAFEWAY Chair, CALIFORNIA FRAUD ASSESSMENT COMMISSION Panelists: Dominic Dugo, Esq., Deputy District Attorney FRAUD DIVISION, SAN DIEGO COUNTY DISTRICT ATTORNEY Donald C. Marshall, CFE, AHFI, FCLS, Vice President National Anti-Fraud Program (SIU) THE ZENITH INSURANCE COMPANY Rick Plein, Bureau Chief, Workers' Compensation Fraud Program, Northern Region STATE OF CALIFORNIA DEPARTMENT OF INSURANCE Back
2:30 pm KEYNOTE SESSION: WORKERS' COMP APPEALS BOARD UPDATE Recent WCAB Decisions and Their Impact on Stakeholders in the Workers' Comp System Joseph M. Miller, Chairman of the California Workers' Comp Appeals Board, will provide you with valuable insights into recent WCAB decisions. Find out how the latest workers' compensation cases will impact stakeholders in the workers' comp system and what you can do to be proactive. Joseph M. Miller, Chairman CALIFORNIA WORKERS' COMPENSATION APPEALS BOARD Back
3:45 pm CASE STUDY: UNIVERSITY OF CALIFORNIA How the University of California Manages Workplace Injuries to Reduce Claims and Improve Operational Efficiencies (H7728006) With 170,000 faculty and staff spread out over 19 campuses, medical centers, and labs, the University of California system is one of the largest in the nation. Until recently, each campus managed its health and safety programs independently, making it difficult for the University of California to maintain consistent processes, share best practices, and measure program results. Find out how UCOP implemented a proactive business process management system to decrease injury risks, lower workers' compensation claims, and more effectively analyze employee risks and lost workday drivers. Topics to be addressed include: Developing a business process automation approach to significantly reduce risks of injury Implementing efficient injury-prevention processes to reduce claims and lower workers' compensation costs Integrating data and metrics from your injury-prevention programs into corporate management systems to ensure future success Larry Wong, CIH, Coordinator, Environment, Health & Safety UNIVERSITY OF CALIFORNIA OFFICE OF THE PRESIDENT Nadia Tarlow, Account Manager - U.C. Systems REMEDY INTERACTIVE Back
3:45 pm PANEL DISCUSSION AND CASE STUDIES: RETURN TO WORK New Research Results on the SB 899 Reform Implementation from the Commission on Health and Safety and Workers' Compensation: Medical Treatment Integration and Return to Work (H7728007) Because of its significant and measurable impact on workers' compensation costs, return to work continues to be a huge priority in California. Early return to work is a win-win for employers and employees-reducing disability benefit costs and indirect costs for employers, while at the same time decreasing the employee's loss of income and improving health outcomes. Christine Baker, Executive Officer of the Commission on Health and Safety and Workers' Compensation, will moderate an informative panel discussion that will focus on the following topics: Return-to-work performance since SB 899: Increasing TD benefits, decreasing TD costs, and improved RTW rate Medical-treatment integration: Shifting the focus to disability-prevention management Return-to-work success stories: Find out how leading California companies have achieved successful return to work outcomes The future of return to work in California Christine Baker, Executive Officer COMMISSION ON HEALTH AND SAFETY AND WORKERS' COMPENSATION Lachlan Taylor, Staff Judge COMMISSION ON HEALTH AND SAFETY AND WORKERS' COMPENSATION Sean McNally, Esq. Vice President, Human Resources and Legal Counsel, GRIMMWAY FARMS Member, COMMISSION ON HEALTH AND SAFETY AND WORKERS' COMPENSATION Melvin Belsky, MD, Medical Director SAFEWAY Frank Neuhauser, Project Director SURVEY RESEARCH CENTER UC-BERKELEY Back
4:30 pm COMPLEX CAUSATION ISSUES Evidence Based Litigation: Using the Tools and Methods of Public Health Science to Analyze and Defend Complex Cases of Causation and Apportionment (H7728009) This presentation will provide clarification on both the legal and scientific issues related to causation and apportionment. Topics covered will include: How employers can be proactive and participate in their defense of complex workers' comp claims involving causation and apportionment How public databases are used to determine possible sources of exposure Understanding how commonly available household products, food supplements, additives, and herbs can affect physical condition Appreciating how social and cultural traditions and practices can impact health Strategies for defending and winning cases that turn on causation issues Learning how to identify the full array of risk factors associated with the health condition of interest Theodore C. Hanf, J.D., M.P.H., Principal KEGEL, TOBIN & TRUCE Pamela J. Anderson-Mahoney, Ph.D., Epidemiologist EPIDEMIOLOGY RESOURCES Back
4:30 pm PANEL DISCUSSION: SELF-INSURANCE UPDATE California Workers' Comp Self-Insurance: Claims-Management Strategies and Best Practices to Reduce Overall Claim Costs (H7728010) Hear what leading California organizations have to say about how self-insurance is impacting their claims management and workers' comp costs! Discover how the City of Livermore has been able to take more control over their workers' comp and build a much more cost-effective program! This informative panel discussion will be of great interest to organizations that are self-insured as well as those that are considering becoming self-insured. Jeffrey Pettegrew, Executive Director of the California Self-Insurers' Security Fund, will provide an update on key issues impacting self-insurance in California, and he will moderate a lively and candid panel discussion. Update on recent and proposed changes that are impacting workers' comp self-insurance in California How does workers' comp self-insurance compare to an insured program when looking at claims management and costs? How can you ensure that your workers' comp claims are managed and resolved on a cost-effective and timely basis? What are the advantages of having more control over your workers' comp program? How does being self-insured impact your communications with doctors and your success in getting employees back to work? What are the common pitfalls and potential liabilities in TPA arrangements? What are the key ingredients to a successful TPA service agreement? How do you avoid internal and/or TPA reserving conflicts? Moderator: Jeffrey Pettegrew, Executive Director CALIFORNIA SELF-INSURERS' SECURITY FUND Panelists: Daniel R. Sovocool, Esq. Partner, THELEN REID BROWN RAYSMAN & STEINER Counsel, CALIFORNIA SELF-INSURERS' SECURITY FUND William A. Henderson, Risk Manager - City Attorney's Office CITY OF LIVERMORE Back
8:30 am Opening Remarks from the Chair Philip Millhollon Executive Director, CALIFORNIA SELF-INSURERS ASSOCIATION Former Director of Claims, CHEVRON Back
8:40 am KEYNOTE SESSION Update from the California Department of Industrial Relations: Key Issues Impacting Workers' Compensation and the Future Direction of the DIR John Duncan was appointed Director of the Department of Industrial Relations by Governor Schwarzenegger on August 9, 2007. He previously served as DIR Chief Deputy Director and then Director from 1995 to 1999, which has enabled him to hit the ground running. Director Duncan oversees a department with 2,700 employees and a $382 million budget. This keynote address will provide you with an update on the new goals and objectives he has defined for the DIR, specifically those that will impact the California workers' comp system. John C. Duncan, Director CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS Back
9:20 am KEYNOTE SESSION The Latest News from the California Division of Workers' Comp and What's on the Horizon Carrie Nevans, Administrative Director of the Division of Workers' Comp, will provide you with a status report on the DWC's goals and objectives with regard to the implementation of the reforms and other issues impacting workers' comp stakeholders. Get an update on the results of the Division's continuing research on how the new changes are faring, and find out how the DWC plans to address the remaining challenges. Carrie Nevans, Administrative Director CALIFORNIA DIVISION OF WORKERS' COMPENSATION Back
10:30 am KEYNOTE SESSION: LEGISLATIVE UPDATE AND PANEL DISCUSSION Solutions to Burning Issues Facing the California Workers' Comp System: How Far Have We Come and Where Do We Go from Here? This session will bring you the final results of the last legislative session as well as new initiatives and proposed workers' comp legislation for 2008. The legislative update will be followed by a lively and candid panel discussion among industry experts and practitioners on the front lines, who will discuss potential solutions to the top challenges facing stakeholders in the California workers' comp system. Issues to be addressed include: New and proposed legislation for the 2008 session Update on the status of SB 899 implementation: What further reforms are needed? The latest on the impact of the reforms on employer costs and what the future is likely to bring 2008 medical fee schedule: What is the potential impact on medical costs and quality of care in California? Permanent disability ratings and apportionment issues Stakeholder concerns regarding the impact of the new utilization review regulations Mark Webb, Vice President Governmental Relations EMPLOYERS DIRECT INSURANCE COMPANY Robert M. Milane, Managing Director of Risk Management FEDEX GROUND Jeffery L. Gary, Manager: Workers' Compensation-Workforce Administration SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY Susan R. Borg, Esq. Managing Partner, DURARD, MCKENNA & BORG President, CALIFORNIA APPLICANTS' ATTORNEYS ASSOCIATION Scott Hauge, President SMALL BUSINESS CALIFORNIA Back
11:30 am INJURY PREVENTION CASE STUDY: WHOLE FOODS MARKET Proven Techniques for Reducing the Frequency and Severity of Workplace Injuries (H7728012) Hear a real-life success story from Whole Foods Market and find out how they have achieved amazing results! Workers' comp injuries are costing employers an estimated $100 billion per year in high-dollar claims and lost workdays. Discover how several organizations in a variety of industries have found creative solutions to this monumental problem by implementing an innovative, "outside the box" strategy to prevent costly injuries. This session will focus on actual case studies that show dramatic reductions of musculoskeletal disorders within several industries, including law enforcement, manufacturing, airlines, health care, and others. Learn how you can implement these programs in your workplace as our presenters lead attendees through the entire process. The audience will actually practice some of the proven techniques. Dennis Downing, President FUTURE INDUSTRIAL TECHNOLOGIES Rosie Cerna, Northern California Regional Safety Specialist WHOLE FOODS MARKET, INC. Back
11:30 am WORKERS' COMP AND HR Managing Your Most Problematic Workers' Comp Claimants: Strategies for Dealing with Thorny Issues and Day-to-Day Drama While Reducing Liability Risks and Workers' Comp Costs (H7728013) The most frustrating workers' compensation issues involve employees who are trying to manipulate the system-staged or exaggerated injuries, repeat claimants, malingerers, and behavior and performance problems. And these claimants can have a significant impact on your bottom line. Hear from leading workers' comp and employment law defense attorneys and an experienced HR director who will provide you with critical policies and practices to put in place for dealing with your most difficult claimants without inviting a lawsuit. Topics include: Implementing an employee injury policy that can help you take control Recognizing the red flags and taking action Closely monitoring injured employees and repeat claimants Immediate incidence reporting and how to ensure that employees do it Conducting prompt and thorough investigations Understanding why sound documentation remains critical even with California's "at will" presumption Approaching doctors without legal complications: Knowing what questions you can ask Mary E. Farrell, Esq., Partner MURPHY AUSTIN ADAMS SCHOENFELD LLP Victoria L. Katchis, Esq. In-house Counsel, LIBERTY MUTUAL INSURANCE COMPANY Managing Attorney, KATCHIS, HARRIS & YEMPUKU Kristi O'Connor, Human Resources and Claims Manager OWEN-DUNN INSURANCE SERVICES Back
2:00 pm ACCELERATED CLAIM CLOSURE STRATEGY How to Close Difficult Unresolved Workers' Comp Claims: Successfully Implementing an Accelerated Claim Closure Strategy (H7728015) This session will provide successful strategies used to close difficult claims from the employer's and defense attorney's perspectives. Discover how industry and legal professionals use their collective expertise to identify and close difficult claims, which can result in significant cost savings, as well as reduced liability for employers. Topics to be discussed include: The high cost of open claims and why workers' compensation claims remain open When you may accelerate closure and what legal tools can be employed to close files Understanding the legal hurdles employers must confront to close files How to implement a successful, cost-effective, accelerated closure strategy Michael G. McDonald, Esq., President MCDONALD LAW CORPORATION John Shin, Claims Manager VALLEYCREST COMPANIES Back
2:00 pm ASK THE DOCTOR Everything You Always Wanted to Ask the Claimant's Physician, But Never Had a Chance (H7728016) Join our leading medical expert for an information-packed session that will provide straightforward answers to the most frequently asked questions. Topics to be covered include: Injury prevention: Key risk factors for orthopedic injuries in the workplace Diagnosis: Bad backs, knee injuries, carpal tunnel, and other hand and wrist injuries Causation: Evaluating the cause and the extent of the injury Treatment options: Determining the most effective treatment Return to work and modified duty: Making decisions about lost time and facilitating a successful return to work Chronic pain and narcotics: Avoiding the pitfalls of pain management What questions should you be asking the treating physician? Steve Wiesner, MD National Integrated Disability Management Physician and Chief, Occupational Health Department - East Bay KAISER PERMANENTE Back
2:45 pm PANEL DISCUSSION: UTILIZATION-REVIEW UPDATE The New UR Regulations and What These Changes Will Mean for California Employers and Other Stakeholders (H7728018) Our distinguished panel of experts will address the burning issues surrounding utilization review and the new enforcement regulations. Topics to be discussed include: What the new penalty regulations mean for employers, UR vendors, and claims managers Has the UR process improved medical care quality and consistency? What providers can do to get their UR requests approved quickly the FIRST time Anne Searcy, MD, Executive Medical Director CALIFORNIA DIVISION OF WORKERS' COMPENSATION Bernyce Peplowski, MD Executive Vice President of Medical Management and National Medical Director THE ZENITH INSURANCE COMPANY Suzanne Marria, Esq., Counsel CALIFORNIA DIVISION OF WORKERS' COMPENSATION, LEGAL UNIT Back
2:45 pm COMPLIANCE: ADA/FEHA AND RISK MANAGEMENT A House United-Integrating Risk Management and ADA/FEHA Responsibilities for the Injured Worker (H7728019) Find out what you need to know about the latest ADA/FEHA court decisions! An employer can fully comply with California's workers' compensation laws and still violate the Americans with Disabilities Act or California Fair Employment and Housing Act. In some businesses, however, the risk-management group responsible for occupational injuries and the human resources personnel responsible for ADA/FEHA compliance are not always aware of the other's responsibilities. By participating in this session, risk managers will be able to: Recognize when an occupational injury also may be a statutory disability and/or a FMLA/CFRA serious health condition Conduct the ADA/FEHA "interactive process" for injured workers Analyze and select reasonable accommodations for injured workers Document the employer's compliance measures Charles L. Thompson, IV, Esq., Partner KAUFF, MCCLAIN & MCGUIRE LLP Back
3:45 pm MEDICARE SET-ASIDE ALLOCATIONS Medicare in Workers' Comp Settlements: Critical Insights and Guidelines Regarding Medicare Set-Aside Allocations (H7728021) In order to comply with the Medicare Secondary Payer Statute, parties must obtain approval from the Centers for Medicare and Medicaid Services prior to final settlement. Failure to consider Medicare's interests can expose employers to financial responsibility even after settlement. Determining whether a party to a workers' comp claim has properly satisfied its obligations is sometimes difficult or unclear. This valuable session will clarify the steps necessary to ensure that Medicare's interest has been adequately protected. Determining an appropriate monetary figure for the set-aside: What information is vital in estimating future medical costs? Managing complicated set-asides: The complexity of catastrophic claims and strategies to facilitate settlement Explaining when Medicare set-asides are necessary: Are they necessary for those already or almost Medicare-eligible? Hidden foes: Reasons Medicare might reject a proposal and how to avoid rejection Michelle Allan, Esq., Attorney BURNS, WHITE & HICKTON, LLC Back
3:45 pm CASE STUDY: REVAMPING YOUR WORKERS' COMP PROGRAM Using Workers' Comp Metrics to Measure the Success of Your Workers' Comp Program and Implement Change Initiatives That Achieve Results (H7728022) Discover how one California organization used metrics to design and implement strategic changes to their workers' comp program that significantly reduced their costs! In order to really know whether your workers' comp program is effective, there are key measurements that you can use to assess success. Find out which metrics measure the factors that are driving your workers' comp claims costs and how you can use the results to implement strategic changes that will achieve the cost-containment outcomes you are looking for. Hear firsthand from a company that took this approach and is celebrating their achievements. Mary L. Stewart, ARM-P, CPCU, Director of Research and Development PUBLIC ENTITY RISK INSTITUTE (PERI) Back
4:30 pm CASE STUDY: MPNs Medical Provider Networks: To Have or Not to Have-That Is the Question (H7728024) What are the advantages and disadvantages of having an MPN? What role can employers play in setting up an MPN? What steps can the employer take to ensure the MPN is legally compliant, provides quality medical care to injured employees, and is an efficient cost-control tool for employers and carriers? If MPN issues become litigated, what happens at the WCAB? Get answers to these questions and other important issues as workers' comp attorney Tracy Sturtevant shares her insights into the challenges and the advantages of having a Medical Provider Network. Tracy Sturtevant, Esq., Partner GRAY & PROUTY Amy E. Lopes, Manager, Workers' Compensation & General Liability Claims SAVE MART SUPERMARKETS Toby Stime, Director of PPO Networks PEGASUS RISK MANAGEMENT, A DIVISION OF THE SIMON COMPANIES Back
4:30 pm CLAIMS MANAGEMENT AND DEFENSE Ensuring That You Are Getting the Best Return on Investment from Your Insurance Carrier and Defense Counsel (H7728025) Discover how to team up with your claims adjuster and defense counsel and avoid paying inflated claim and premium costs! In order to adequately protect their interests, employers need to be actively involved in both the claims handling and defense of workers' comp claims. This presentation will provide you with strategies for partnering with your claims adjuster and defense counsel to ensure that claims are being managed efficiently and cost-effectively and you are not paying more for claims than you should. Building a cohesive relationship and clarifying the responsibilities of all parties Ensuring that your defense counsel and insurance adjuster have the vital information and documentation they need to defend your interests Understanding the importance of the employer's input in critical claims decisions to yield the best possible results Donald R. Barthel, Esq., Partner BRADFORD & BARTHEL, LLP Duane Matsunaga Director of Marketing, BRADFORD & BARTHEL, LLP Formerly Claims Manager, ARGONAUT, TRANSAMERICA, TIG INSURANCE COMPANY, AND CAMBRIDGE INTEGRATED SERVICES GROUP, INC. Neil R. Piethe, Workers' Comp Claims Management FOSTER POULTRY FARMS Back