2010 Agenda 

Tuesday, May 25, 2010
7:15 am	8:15 am	Workshop Registration and Continental Breakfast; Conference Registration
8:15 am	11:15 am	(Choose 1 of 3 Workshops)
		Workshop 1 Employment Law and Workers’ Comp in a Challenging Economic Climate: Minimizing Your Liability Risks for Wrongful Termination, Discrimination, Retaliation, and Violations of Leave and Disability Laws (H7742003)
		Workshop 2 Comprehensive Update on California Workers’ Comp Case Law and New and Proposed Legislation: Vital Strategies to Avoid Litigation Risks and Control Costs (H7742004)
		Workshop 3 Implementing a Successful Partnership Approach to Managing Workers’ Compensation in Your Organization That Will Keep Costs Down (H7742005)
9:30 am	11:00 am	Main Conference Registration
11:00 am	12:30 pm	Light Lunch in Exhibit Hall
12:30 pm	12:40 pm	Opening Remarks from the Chair
12:40 pm	1:15 pm	OPENING KEY NOTE SESSION Update from the Governor’s Office: The Impact of the Economy on Private and Public Sector Employers in California
1:15 pm	1:45 pm	DEPARTMENT OF INDUSTRIAL RELATIONS Update from the California Department of Industrial Relations: Plans to Address Current Challenges
1:45 pm	2:50 pm	KEYNOTE PANEL SESSION Current State of the Workers’ Comp System in California: Solutions to Rising Workers’ Comp Costs, Permanent-Disability Dilemmas, Quality-of-Care Conundrums, and Other Burning Issues
2:50 pm	3:30 pm	Break in Exhibit Hall
3:30 pm	4:30 pm	(Choose 1 of 2)
		CLAIMS-MANAGEMENT DEBACLES The Biggest Claims-Management Blunders and How to Avoid Them (H7742007)
		WORKERS’ COMP REPORT CARD Repairing the Dysfunction in California’s Permanent-Disability System and the Latest Findings from a Study of the Insurance Industry and Areas for Oversight (H7742008)
4:30 pm	5:30 pm	(Choose 1 of 2)
		CASE STUDY SUCCESS STORY How San Francisco Is Significantly Reducing Workers’ Compensation Costs: Cracking Down on Abuse, Lowering Claims, Efficient Case Management, and Other Strategies (H7742010)
		CASE STUDY: WORKERS’ COMP LITIGATION The Anatomy of a Dangerous Workers’ Compensation Claim from All Perspectives: Discover How to Build a Successful Defense and Avoid the Potential Pitfalls of Costly Bad-Faith Litigation (H7742011)
5:30 pm	8:00 pm	Cocktail Reception in Exhibit Hall
Wednesday, May 26, 2010
7:30 am	8:30 am	Continental Breakfast in Exhibit Hall
8:30 am	9:45 am	KEYNOTE PANEL DISCUSSION Breaking Down Barriers to Return to Work: A Collaborative Effort to Get Employees Back on the Job
9:45 am	10:15 am	Refreshment Break in Exhibit Hall
10:15 am	11:15 am	(Choose 1 of 2)
		WORKERS’ COMP APPEALS BOARD UPDATE New Developments from the Workers’ Compensation Appeals Board: Recent Cases and What They Mean for Employers (H7742013)
		CRACKING DOWN ON FRAUD Update from the Department of Insurance and Coordinated Efforts with the Division of Labor Standards Enforcement (DLSE) to Fight Fraud (H7742014)
11:15 am	12:15 pm	(Choose 1 of 2)
		CASE STUDY: INJURY PREVENTION Preventing Workers’ Compensation Claims: A 9-Step Plan (H7742016)
		ADA/FEHA & FMLA/CFRA UPDATE Update on New ADA/FEHA and FMLA/CFRA Changes and Their Impact on Return to Work and Other Workers’ Comp Issues (H7742017)
12:15 pm	1:30 pm	Networking Lunch in Exhibit Hall
1:30 pm	2:20 pm	GENERAL SESSION California Division of Workers’ Compensation Update: Status Report on Key Issues Impacting Stakeholders
2:20 pm	3:15 pm	(Choose 1 of 2)
		PANEL DISCUSSION: UPDATE ON SELF-INSURANCE The Latest Trends in Self-Insurance in the Current Economic Climate: Solutions to Claims-Management and Cost-Containment Conundrums (H7742019)
		POINT-COUNTER POINT Debating the Hottest Issues in California Workers’ Comp Law: Defense and Applicants’ Attorneys Go Head-to-Head (H7742020)
3:15 pm	3:45 pm	Break
3:45 pm	4:45 pm	(Choose 1 of 2)
		PERMANENT DISABILITY DISTRESS Vital Updates on the Permanent-Disability Trilogy of Cases: Discover How the Courts of Appeal and the State Supreme Court Decisions in Almaraz, Guzman, and Ogilvie Will Shape the Laws Impacting Permanent Disability (H7742022)
		MEDICAL COST CONTROL Keeping Medical Costs from Spiraling Out of Control: Innovative Options for Employers—MPNs, HCOs, and Carve-Outs (H7742023)
4:45 pm		Conference Concludes
8:15 am Workshop 1 Employment Law and Workers’ Comp in a Challenging Economic Climate: Minimizing Your Liability Risks for Wrongful Termination, Discrimination, Retaliation, and Violations of Leave and Disability Laws (H7742003) The volatile economic climate brought with it an increase in both employment law and workers’ compensation liability risks. In addition to sweeping new ADA and FMLA changes, California employers need to find their way through a complex maze of state and federal leave and disability laws that overlap with workers’ compensation, while avoiding liability for retaliation and discrimination. This comprehensive and interactive 3-hour workshop will provide you with the critical strategies you need to safeguard your organization from costly litigation. Topics to be addressed include: How to protect your organization from increasing employment litigation risks Update on the latest California and federal employment law cases and how they impact employers Safely navigating the legal snares when disciplining workers’ comp claimants When you can terminate an injured worker who cannot perform his/her job Preventing discrimination and retaliation lawsuits by training managers and supervisors Ensuring that you are in compliance with the new ADA Amendments Act and FMLA regulations Untangling the web of CFRA/FMLA, FEHA/ADA, and workers’ comp laws Case studies: Get practical solutions to real-life employment law and workers’ comp quandaries Mary E. Farrell, Esq., Partner FARRELL LAW GROUP Bernadette M. O'Brien, Esq., Of Counsel FLOYD, SKEREN AND KELLY, LLP Back
8:15 am Workshop 2 Comprehensive Update on California Workers’ Comp Case Law and New and Proposed Legislation: Vital Strategies to Avoid Litigation Risks and Control Costs (H7742004) This year’s proposed legislation and developing case law will make 2010 interesting. What issues will be presented to the California Legislature? Will there be an across-the-board fix of ever-increasing workers’ compensation costs? How will courts of appeal and state supreme court decisions shape the laws impacting permanent disability and other key workers’ compensation issues? This in-depth, interactive workshop will provide you with a complete update on new and proposed legislation as well as this year’s most significant California workers’ comp court decisions and litigation on the horizon. Discover how key decisions are likely to impact employers and others on the front lines of workers’ comp. Leading workers’ comp defense attorney Barry Pearlman will moderate a panel of legal experts who will bring you the knowledge and tools you need to be proactive and reduce your exposure to litigation. You will get the inside scoop from an applicants’ attorney as well as the perspective of a workers’ comp judge. Find out what steps you need to take to protect your organization from liability and costly penalties. Topics to be addressed include: Will the permanent disability schedule remain presumed correct or will the appellate courts overturn the en banc decisions on Almaraz, Guzman, and Ogilvie? Will the appellate courts continue to deny defendants the right to obtain rebuttal medical exams on denied cases as well as those cases that are admitted? Will there be a new permanent disability schedule that will double workers’ compensation permanent disability in the next three years? How much resistance might we expect from the appellate courts on providing medical treatment through the MPN? How do the employment laws in the state of California affect the handling of your employees who are injured in the course of employment? Barry S. Pearlman, Esq., Founder LAW OFFICES OF PEARLMAN, BORSKA & WAX John J. Parente, Esq., Partner PARENTE & CHRISTOPHER Susan V. Hamilton, Assistant Secretary and Deputy Commissioner CALIFORNIA WORKERS’ COMPENSATION APPEALS BOARD Vincent J. Scotto, III, Esq., Attorney LAW OFFICES OF VINCENT J. SCOTTO, III Back
8:15 am Workshop 3 Implementing a Successful Partnership Approach to Managing Workers’ Compensation in Your Organization That Will Keep Costs Down (H7742005) If you are searching for proactive strategies to manage workers’ compensation in your organization and keep your costs from spiraling out of control, then you will not want to miss this workshop. In this comprehensive three-hour session, our panel of leading workers’ comp experts will provide you with a road map for managing workers’ comp claims from start to finish—investigation techniques, reporting questions, how PD is calculated, return-to-work issues, and much more. Identify the weak links in your workers’ comp claims process that are impacting your bottom line and discover steps you can take to resolve claims faster and significantly reduce your costs. Topic highlights to be covered include: Best practices for conducting an effective investigation immediately after the report of a workplace injury Clarifying workers’ comp coverage and compensability issues and examining the exceptions Using cost-containment protocols for effective management of your providers and vendors Facilitating communication between all parties in the claims process to improve efficiency Identifying the holes in your claims process: How much are delays and unnecessary errors costing you? Finding and keeping the best providers to get injured workers back to work as soon as possible Using modified duty to reduce medical costs and keep injured workers connected to the workplace Case Studies: Analyze real-life scenarios and the critical steps for successful management of claims and costs Tracy Sturtevant, Esq., Partner GRAY & PROUTY Amy E. Lopes, Manager, Workers’ Compensation & General Liability SAVE MART SUPERMARKETS Back
12:30 pm Opening Remarks from the Chair Lori C. Kammerer, Principal KAMMERER & COMPANY Back
12:40 pm OPENING KEYNOTE SESSION Update from the Governor’s Office: The Impact of the Economy on Private and Public Sector Employers in California Thomas Sheehy, Acting Secretary of the State and Consumer Services Agency, will provide an update on the priorities of the Governor’s Office in addressing the challenges facing private and public sector employers in California including health care, insurance, workers’ compensation, and other key business issues. Thomas L. Sheehy, Acting Secretary, State and Consumer Services Agency OFFICE OF GOVERNOR ARNOLD SCHWARZENEGGER Back
1:15 pm DEPARTMENT OF INDUSTRIAL RELATIONS Update from the California Department of Industrial Relations: Plans to Address Current Challenges John Duncan, Director of the California Department of Industrial Relations, will provide an update on the current state of workers’ comp in California. Find out what progress the Department has made in addressing the current challenges and hear the Department’s plans for 2010-2011. Topics to be addressed include: Controlling workers’ comp medical costs: A “12-point plan” progress report Creating departmental efficiencies in tough economic times Considering what’s next in workers’ comp—a look ahead John C. Duncan, Director CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS Back
1:45 pm KEYNOTE PANEL SESSION Current State of the Workers’ Comp System in California: Solutions to Rising Workers’ Comp Costs, Permanent-Disability Dilemmas, Quality-of-Care Conundrums, and Other Burning Issues The struggling economy in California is creating greater challenges for the California workers’ comp system. Our panel of industry experts and stakeholders will offer solutions to the current problems facing those on the front lines and suggestions about what the legislature and state government should be doing to improve the situation and keep businesses in California. This lively debate will focus on: Potential solutions to rising medical costs How to improve the quality of benefits to injured workers Dealing with the permanent-disability dilemma The impact of health care reforms on workers’ comp in California Other vital issues Sean McNally, Esq. Vice President, Human Resources and Legal Counsel, GRIMMWAY FARMS Member, COMMISSION ON HEALTH AND SAFETY AND WORKERS’ COMPENSATION Scott G. Hauge, President SMALL BUSINESS CALIFORNIA Adam Dombchik, Esq. Partner, GORDON, EDELSTEIN, KREPACK, GRANT, FELTON & GOLDSTEIN President, CALIFORNIA APPLICANTS’ ATTORNEYS ASSOCIATION (CAAA) Theo Pahos Partner, KESTER/PAHOS Legislative Advocate, ASSOCIATION OF CALIFORNIA INSURANCE COMPANIES Back
3:30 pm CLAIMS-MANAGEMENT DEBACLES The Biggest Claims-Management Blunders and How to Avoid Them (H7742007) Our panel of leading workers’ compensation experts will provide you with strategies for preventing the biggest claims-management debacles that result in higher workers’ comp costs, expensive litigation, and costly fines. Topics to be addressed include: Failing to recognize a high-dollar claim early in the life of the claim so that you can be proactive Failing to conduct thorough accident investigations of the root cause so that you can prevent future incidents Failing to establish a sound ergonomics program to proactively train your workforce Communication breakdowns and antagonizing claimants The high cost of not implementing an assertive return-to-work program to get employees back on the job Failing to closely monitor and evaluate performance of your adjuster or TPA to ensure you are getting the best results Hernan C. Rivero, Senior Management Analyst - Risk Management SANTA CLARA VALLEY WATER DISTRICT Tom Phillips, Risk Manager COUNTY OF ORANGE COUNTY Back
3:30 pm WORKERS’ COMP REPORT CARD Repairing the Dysfunction in California’s Permanent-Disability System and the Latest Findings from a Study of the Insurance Industry and Areas for Oversight (H7742008) Christine Baker and Lach Taylor from the Commission on Health and Safety and Workers’ Compensation will provide an update on the Commission’s latest research in California and will moderate an informative panel discussion focusing on: The impact of the broken PD system on workers’ comp costs What can be done to best address the dysfunctions? Based on the latest research, find out where California WC insurance is vulnerable What should be done to prevent insolvencies such as those experienced in California in the 90s? Christine Baker, Executive Officer COMMISSION ON HEALTH AND SAFETY AND WORKERS’ COMPENSATION Lachlan Taylor, Staff Judge COMMISSION ON HEALTH AND SAFETY AND WORKERS’ COMPENSATION Catherine Aguilar WCCP, Workers’ Compensation Claims Manager, SAN FRANCISCO UNIFIED SCHOOL DISTRICT Member, COMMISSION ON HEALTH AND SAFETY AND WORKERS' COMPENSATION Back
4:30 pm CASE STUDY SUCCESS STORY How San Francisco Is Significantly Reducing Workers’ Compensation Costs: Cracking Down on Abuse, Lowering Claims, Efficient Case Management, and Other Strategies (H7742010) Find out how the city of San Francisco saved $4 million in workers’ compensation costs. During this past fiscal year, while overall state workers’ comp costs increased 10 percent, the city was able to reduce costs by 8 percent. Priscilla Morse, Director of Workers’ Compensation, will provide you with the successful strategies implemented to achieve effective cost containment. Topics to be addressed include: Strategies for successfully cracking down on workers’ compensation abuse Practical approaches to workers’ comp claims administration Lessons learned about effective cost containment Priscilla Morse, Director of Workers’ Compensation CITY AND COUNTY OF SAN FRANCISCO Back
4:30 pm CASE STUDY: WORKERS’ COMP LITIGATION The Anatomy of a Dangerous Workers’ Compensation Claim from All Perspectives: Discover How to Build a Successful Defense and Avoid the Potential Pitfalls of Costly Bad-Faith Litigation (H7742011) Attendees will hear from our panel of experts which will include the 2009 Risk Manager of the Year, an employers’ rights attorney, a workers’ compensation applicants' attorney, and defense counsel. Through the analysis of a realistic scenario, you will discover the myriad of problems that arise during a workers’ compensation claim. Topics to be addressed include: Discover why workers’ compensation claims end up in litigation The importance of taking careful and proactive control of the claim How a simple workers’ compensation claim can grow exponentially if it is not managed properly How the potential impact of mistakes made in the defense of a claim can lead to artificially increasing the employer’s present and future exposure for workers’ comp premiums Knowing when to settle a case Panelists: Nicholas P. Roxborough, Esq., Partner ROXBOROUGH, POMERANCE, NYE & ADREANI Fred O. Pachón, CPDM, WCCP, ARM, CRM Vice President, Risk Management and Insurance General Manager, TradeForce Division SELECT REMEDY Nancy J. Brown, Esq., Partner SAMUELSEN, GONZALEZ, VALENZUELA AND BROWN Back
8:30 am KEYNOTE PANEL DISCUSSION Breaking Down Barriers to Return to Work: A Collaborative Effort to Get Employees Back on the Job Join our distinguished panel of leading professionals as they focus on what you can do to break down the barriers of return to work. Discover innovative and collaborative models in integrated disability management, and hear how leading organizations are implementing successful return-to-work programs that result in a decrease in lost days and a significant reduction in workers’ comp costs. Our experts will identify the key factors that get in the way of bringing employees back on the job and provide you with proven strategies to overcome the challenges. Ward Ching, Vice President Risk Management Operations Corporate Risk Management SAFEWAY Steve Wiesner, MD, Chief, Occupational Health Department KAISER PERMANENTE MEDICAL CENTER Martin Brady, Executive Director SCHOOLS INSURANCE AUTHORITY (JOINT POWERS AUTHORITY) Back
10:15 am WORKERS’ COMP APPEALS BOARD UPDATE New Developments from the Workers’ Compensation Appeals Board: Recent Cases and What They Mean for Employers (H7742013) Commissioners Ronnie Caplane and Al Moresi of the California Workers’ Comp Appeals Board will provide you with an update on recent noteworthy cases and how they impact employers and other stakeholders in the California workers’ compensation system. Find out what you can do to prepare your organization for new litigation risks. Ronnie Caplane, Commissioner CALIFORNIA WORKERS’ COMPENSATION APPEALS BOARD Alfonso J. Moresi, Commissioner CALIFORNIA WORKERS’ COMPENSATION APPEALS BOARD Back
10:15 am CRACKING DOWN ON FRAUD Update from the Department of Insurance and Coordinated Efforts with the Division of Labor Standards Enforcement (DLSE) to Fight Fraud (H7742014) Rick Plein, Deputy Commissioner of the Department of Insurance Enforcement Branch, and Angela Bradstreet, State Labor Commissioner of the Division of Labor Standards Enforcement (DLSE), will bring you an update on the latest workers’ compensation fraud enforcement efforts, including recent prosecutions and the coordinated efforts of the DLSE and the Department of Insurance to fight workers’ comp fraud in California. Rick Plein, Deputy Commissioner Enforcement Branch STATE OF CALIFORNIA DEPARTMENT OF INSURANCE Angela Bradstreet, State Labor Commissioner DIVISION OF LABOR STANDARDS ENFORCEMENT (DLSE) Back
11:15 am CASE STUDY: INJURY PREVENTION Preventing Workers’ Compensation Claims: A 9-Step Plan (H7742016) The new economy now demands employers use every method possible to control the frequency and severity of claims. As a result, businesses are looking at new ways of injury prevention as the best strategy. In this session, you will learn a 9-step formula to stop back injuries, carpal tunnel, and other sprain/strain injuries, and hear from an employer who has used this strategy and achieved great results. Discover how to get employee buy-in to change physical behavior—crucial to long-term culture change. You will leave with new tactics that can be implemented right away to drastically reduce claims in your organization. Dennis Downing, President FUTURE INDUSTRIAL TECHNOLOGIES Carlton Jacobson, CFO ADVENTIST FRANK R. HOWARD MEMORIAL HOSPITAL Back
11:15 am ADA/FEHA & FMLA/CFRA UPDATE Update on New ADA/FEHA and FMLA/CFRA Changes and Their Impact on Return to Work and Other Workers’ Comp Issues (H7742017) Discover why ADA claims just became a lot easier to file and lot more difficult to defend! The new ADA Amendments Act (ADAAA) made significant changes that are resulting in more lawsuits, increased liability risks, and more requests for accommodations. As a result of the passage of this law, four prior Supreme Court decisions that limited the scope of ADA coverage were overturned. This session will provide you with new requirements for employers and strategies to safeguard your organization from expensive litigation. Find out what policy changes you should make in light of the ADAAA Learn what you can do to avoid litigation and costly damages Get clarification on employee and employer rights and responsibilities in determining an accommodation Mary E. Farrell, Esq., Partner FARRELL LAW GROUP Back
1:30 pm GENERAL SESSION California Division of Workers’ Compensation Update: Status Report on Key Issues Impacting Stakeholders Carrie Nevans, Acting Administrative Director of the Division of Workers’ Comp, and Destie Overpeck, Chief Counsel of the Division of Workers’ Comp, will provide you with an update on the status of key issues of interest to stakeholders in the workers’ comp system. Topics to be discussed include an update on new and proposed regulations, revamping return to work in California, medical provider networks (MPNs), the Electronic Adjudication Management System (EAMS), utilization review (UR), supplemental job displacement benefits, and other burning issues impacting stakeholders. Carrie Nevans, Acting Administrative Director CALIFORNIA DIVISION OF WORKERS’ COMPENSATION Destie Overpeck, Chief Counsel CALIFORNIA DIVISION OF WORKERS’ COMPENSATION Back
2:20 pm PANEL DISCUSSION: UPDATE ON SELF-INSURANCE The Latest Trends in Self-Insurance in the Current Economic Climate: Solutions to Claims-Management and Cost-Containment Conundrums (H7742019) Jeffrey Pettigrew, Executive Secretary of the California Self-Insurers’ Security Fund, will moderate an enlightening panel discussion focused on potential solutions to the key claims-management and cost-containment issues impacting self-insured private and public sector employers. Topics to be discussed include: How current economic conditions are impacting claims and costs for self-insured employers Dealing with unexpected workers’ comp challenges facing self-insured businesses: How to do more with less How the economic recovery is likely to impact employers: What you can do to prepare for a ramp-up Moderator: Jeffrey W. Pettegrew, Executive Director CALIFORNIA SELF-INSURERS’ SECURITY FUND Panelists: Steve Legg, CPCU, ARM, Director of Risk Management STARBUCKS COFFEE COMPANY William A. Henderson, Risk Manager – City Attorney’s Office CITY OF LIVERMORE Back
2:20 pm POINT-COUNTER POINT Debating the Hottest Issues in California Workers’ Comp Law: Defense and Applicants’ Attorneys Go Head-to-Head (H7742020) Enjoy this lively point-counterpoint debate between a workers’ comp defense attorney and an applicants’ attorney, and get valuable insights from both sides of the case. Hear how each side argues the issues using real-life scenarios focusing on affirmative defenses, injuries, causation issues, and more. Tracy Sturtevant, Esq., Partner GRAY & PROUTY Mary-Beth Hoyt-Dixon, Esq., Attorney LAW OFFICES OF TIM TIMMONS Rosa Moran, Workers' Compensation Judge CALIFORNIA WORKERS’ COMPENSATION APPEALS BOARD Back
3:45 pm PERMANENT DISABILITY DISTRESS Vital Updates on the Permanent-Disability Trilogy of Cases: Discover How the Courts of Appeal and the State Supreme Court Decisions in Almaraz, Guzman, and Ogilvie Will Shape the Laws Impacting Permanent Disability (H7742022) What impact have the WCAB decisions had on permanent disability exposure and the 2005 PD Rating Schedule? Can the defense still prevail on permanent disability issues in the post-Almaraz/Guzman/Ogilvie world? What do the Courts of Appeal say? Don Barthel, a Founding Partner of Bradford & Barthel, LLP, the lead defense firm in Guzman, will provide you with critical updates and insights into these important issues as well as a practical roadmap for defending and winning PD issues. Donald R. Barthel, Esq., Partner BRADFORD & BARTHEL, LLP Back
3:45 pm MEDICAL COST CONTROL Keeping Medical Costs from Spiraling Out of Control: Innovative Options for Employers—MPNs, HCOs, and Carve-Outs (H7742023) This panel of leading workers’ compensation professionals will address new and innovative options available in California for employers struggling with rising medical costs. Update on new regulations for MPNs and HCOs Find out how Aramark has seen a significant decrease in workers’ comp costs with an innovative MPN model What are the advantages of combining HCOs and MPNs? Learn how Wal-Mart is successfully controlling their medical costs Hear how union employers can successfully utilize carve-outs in order to streamline the claims process and control costs Monica Lichtenstein, Western and Central Regional Claims Manager ARAMARK Rick Pires, Executive Director BASIC CRAFTS WORKERS’ COMPENSATION BENEFITS TRUST FUND Back