2008 Agenda

Tuesday, October 28, 2008
1:00 pm	4:30 pm	Preconference Registration for Attendees and Exhibitors
Wednesday, October 29, 2008 Optional Workshops
7:00 am	8:15 am	Workshop Registration and Continental Breakfast
9:45 am		Exhibition Hall Opens
10:00 am	10:15 am	Networking Refreshment Break in the Exhibition Hall
8:30 am	11:30 am	(Choose 1 of 4)
		WORKSHOP #1 California Workers' Compensation Today Through 2010: Critical Updates on Court Decisions and Legislation and Projections to Prepare You to Enter "The Twilight Zone" (H7725003)
		WORKSHOP #2: RETURN TO WORK A Blueprint for Implementing a Successful Return-to-Work Program: Proven Interactive Strategies to Get Your Employees Back on the Job (H7725004)
		WORKSHOP #3 Deposing the Doctors: Deciphering the Medical Issues in Your Workers' Compensation Claims (H7725005)
		WORKSHOP #4 Finding Your Way Through the Confusing Leave and Disability Law Labyrinth: FMLA/CFRA, ADA/FEHA, and Workers' Comp (H7725006)
11:00 am	12:30 pm	Main Conference Registration and Networking Lunch in Exhibition Hall
Wednesday, October 29, 2008 Main Conference
12:30 pm	12:45 pm	Opening Remarks from the Chairs
12:45 pm	1:45 pm	OPENING KEYNOTE SESSION: LEGISLATIVE UPDATE AND PANEL DISCUSSION Results of the 2008 Legislative Session and Proposed Legislation for 2009: Workers' Comp, Health Care, and More!
1:45 pm	2:15 pm	KEYNOTE SESSION Status Report on Workers' Comp Goals and Objectives from the Department of Industrial Relations
2:15 pm	3:00 pm	KEYNOTE PANEL SESSION The Latest News from the California Division of Workers' Comp: New Rules and Regulations, Permanent Disability, and Utilization Review
3:00 pm	3:30 pm	Networking Refreshment Break in Exhibition Hall
3:30 pm	4:20 pm	(Choose 1 of 3)
		PANEL DISCUSSION: SELF-INSURANCE Update on New Issues Facing Self-Insureds and How Leading California Self-Insured Employers Are Partnering with Their TPAs to Keep Costs Down (H7725008)
		CARVE-OUTS AND ALTERNATIVE DISPUTE RESOLUTION The Latest Developments in Carve-Outs and ADR Reforms in California Workers' Comp and Update on the Recent U.S. Supreme Court Case (H7725009)
		BACK INJURY CLAIMS How to Minimize Your Claims Cost Exposure in Back Injury Claims: Early Identification of Urologic and Sexual Dysfunction (H7725010)
4:30 pm	5:20 pm	(Choose 1 of 3)
		PSYCHIATRIC WORKERS' COMP CLAIMS Implementing Cost-Effective Tools in the Management of Psychiatric Workers' Comp Claims and Using the GAF Scale to Determine the Level of Impairment (H7725012)
		CLAIMS MANAGEMENT Case Studies: Discover What Del Monte Foods and Coca-Cola Are Doing to Successfully Manage Their Workers' Compensation Claims (H7725013)
		MEDICARE SET-ASIDES Medicare in Workers' Comp Settlements: Critical Insights and Guidelines Regarding Medicare Set-Aside Allocations (H7725014)
5:20 pm	7:30 pm	Networking Cocktail Reception in Exhibition Hall
Thursday, October 30, 2008
7:30 am	8:15 am	Continental Breakfast
10:00 am		Exhibition Hall Opens
8:15 am	8:20 am	Opening Remarks from the Chair
8:20 am	9:10 am	KEYNOTE SESSION Update from the California Department of Insurance: Progress on Key Issues Impacting Workers' Comp Stakeholders
9:10 am	10:15 am	KEYNOTE PANEL DISCUSSION Solutions to the Latest Challenges for Insured and Self-Insured Employers: Workers' Comp Cost-Containment Strategies in Light of Current Insurance Market Trends
10:15 am	10:45 am	Networking Break in Exhibition Hall
10:45 am	11:40 am	(Choose 1 of 3)
		APPORTIONMENT UPDATE Recent Developments in Apportioning Preexisting Injuries and Causation of Workers' Comp Claims in California: Deciphering What the New Cases Mean for Employers (H7725017)
		COMBATING FRAUD Update from the Department of Insurance Fraud Division: Investigations and Enforcement Efforts to Crack Down on Workers' Comp Fraud (H7725018)
		WORKERS' COMP INSURANCE-HIDDEN CHARGES Are You Paying More Than You Think for Workers' Comp Insurance? Uncovering the Hidden Charges (H7725026)
11:40 am	12:30 pm	(Choose 1 of 3)
		INJURY PREVENTION Best Practices for Using a Scalable, Technology-Based, Injury-Prevention Program to Effectively Reduce Risks and Control Claims Costs (H7725020)
		RISK MANAGEMENT Case Studies: Proven Solutions to Your Biggest Workers' Comp Risk Management Challenges in California (H7725021)
		ADA/FEHA UPDATES The Latest Court Decisions and How to Design a Proactive Reasonable-Accommodations Process for Injured Workers and Steer Clear of ADA/FEHA Compliance Traps (H7725022)
12:30 pm	2:00 pm	Networking Lunch in Exhibition Hall
2:00 pm	3:00 pm	KEYNOTE SESSION A View from the Bench: Noteworthy 2008 WCAB Decisions and New Trends in Workers' Comp Litigation
3:00 pm	3:30 pm	Networking Break in Exhibition Hall
3:30 pm	4:30 pm	(Choose 1 of 3)
		THE CALIFORNIA EMERGENCY PARTNERSHIP PROJECT New Disaster-Preparedness Plans for California: Discover Critical Strategies to Protect Your Workplace from Natural and Unnatural Disasters (H7725024)
		CASE STUDY: CLAIMS PREVENTION TACTICS The Next New Frontier of Workers' Comp Claims Prevention: Find Out What California Organizations Are Doing to Effectively Prevent Claims Before They Occur (H7725016)
		FUTURE EARNING CAPACITY Where We Stand with Future Earning Capacity in California Workers' Comp (H7725025)
4:30 pm	5:00 pm	California Workers' Comp Open Mic: Get Answers to Your Most Pressing Questions!
5:00 pm	8:00 pm	Casino Night in the Exhibition Hall
Friday, October 31, 2008
7:30 am	9:00 am	Continental Breakfast in Exhibition Hall
9:00 am		Exhibition Hall Closes
9:00 am	10:00 am	(Choose 1 of 2)
		MEDICAL COST CONTAINMENT New Directions in Workers' Comp Medical Cost Control in California (H7725028)
		PAIN MANAGEMENT Successful Management of Chronic Pain in Injured Workers Using Multidisciplinary Approaches (H7725029)
10:00 am	10:15 am	Break
10:15 am	11:15 am	(Choose 1 of 2)
		NEW TRENDS IN WELLNESS How Innovative Wellness Initiatives Can Significantly Lower Health Care and Workers' Comp Costs, Reduce Absenteeism, and Increase Productivity (H7725031)
		CALIFORNIA WORKERS' COMP FACE OFF Point-Counter Point: Defense and the Applicants' Attorneys Go Head to Head on the Hottest Issues in California Workers' Comp Law (H7725032)
11:20 am	12:20 pm	(Choose 1 of 2)
		CLOSING PROBLEMATIC, LINGERING CLAIMS Putting a Successful Accelerated Claim-Closure Strategy in Place to Reduce Costs and Decrease Liability Risks (H7725034)
		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 (H7725035)
12:15 pm		Conference Concludes
WORKSHOP #1 California Workers' Compensation Today Through 2010: Critical Updates on Court Decisions and Legislation and Projections to Prepare You to Enter "The Twilight Zone" (H7725003) This interactive workshop will provide you with a comprehensive update on the top ten issues that are prevalent in California workers' compensation post legislative changes from 2004 and forward. It is designed not only to bring you the latest developments on the most important case decisions in California workers' compensation, but also to prepare you for what we may see from the California Legislature and what's likely to be on the horizon from 2008 through 2010 with a new governor in office in California. Topics to be addressed include: Updates on the most important decisions that have been issued over the past twelve months, not only on the SB 899 changes promulgated, but also on changes in the law from the appellate courts Discover how the laws of apportionment have changed drastically so that the last employer of an injured worker is no longer the "straw that broke the camel's back" Learn how the concept of fault may now be admissible in psychiatric cases in California and how long-standing prior decisions on psychiatric injuries of "honest misperceptions" may no longer be the law Find out the status of workers' compensation bills currently pending in the California Legislature Hear projections for the future with a new governor in 2010: What sort of California "backslide" might we see with the changes implemented in SB 899? Barry S. Pearlman, Esq., Founder LAW OFFICES OF PEARLMAN, BORSKA & WAX Raymond F. Corrieo, Workers' Compensation Administrative Law Judge WORKERS' COMP APPEALS BOARD, Marina Del Rey Dean S. Brown, Esq., Partner LAW OFFICES OF PEARLMAN, BORSKA & WAX Jeffrey L. Linnetz, Esq., Attorney LAW OFFICE OF JEFFREY L. LINNETZ Back
WORKSHOP #2: RETURN TO WORK A Blueprint for Implementing a Successful Return-to-Work Program: Proven Interactive Strategies to Get Your Employees Back on the Job (H7725004) Discover how St. Joseph Hospital, St. Jude Medical Center, and Mission Hospital Regional Medical Center are getting their employees back to work faster and significantly reducing their workers' comp costs! Increases in frequency and severity of workplace injuries and mounting lost workdays can have a devastating impact on an organization's bottom line. Inaccurate physician reporting and extended durations of disability create huge and unnecessary burdens on operations. St. Joseph Hospital, St. Jude Medical Center, and Mission Hospital Regional Medical Center have successfully addressed these challenges with proven return-to-work strategies that have resulted in a dramatic reduction in workers' comp costs. During this interactive three-hour workshop, our panel of industry experts will provide cutting-edge tools to arm you with the knowledge and tools to implement a state-of-the-art return-to-work program that incorporates proven cost-containment strategies. Topics to be addressed include: Developing strategies with your occupational health care providers for early identification of medical management plans The importance of job-function matching and physician education to define objective barometers for meaningful transitional duties and significantly reduce lost workdays Implementing manager collaboration in the transitional and accommodation process Execution of a successful interactive process to realize effective job accommodations Using creativity in designing job tasks to align with all varieties of work restrictions and physical limitations Navigating and balancing your competing obligations in the leave process Developing a return-on-investments matrix and program-outcome measurements to sell your organization on investing in prevention and return-to-work programs Judie Tsanopoulos, CPDM, ARM, Director of Workers' Compensation & Loss Control ST. JOSEPH HEALTH SYSTEM Alison Carmichael, RN, Disability Manager ST. JUDE MEDICAL CENTER Susan Parke, RN, MSN, FNP, PHN, CPHQ, CIC Director of Infection Control & Occupational Service ST. JOSEPH HOSPITAL Leif Guerrero, RN, MSN, COHN-S, Manager Occupational Health - Human Resources Department MISSION HOSPITAL REGIONAL MEDICAL CENTER Susan Abeln, PT, ARM, MPH, President STRATEGIC HEALTH ALTERNATIVES Muira Mishra, Esq., Labor/Employment Counsel ST. JOSEPH HEALTH SYSTEM Back
WORKSHOP #3 Deposing the Doctors: Deciphering the Medical Issues in Your Workers' Compensation Claims (H7725005) Medical issues in workers' compensation claims are often complex, causing frustration to workers' comp professionals and leaving them with many unanswered questions and concerns. How can you assess the extent of an employee's injury and how the injury will impact the employee's ability to perform job responsibilities? How do you know what to look for in a medical report? How can you determine whether the claim is being handled properly by your attorney? This enlightening and interactive workshop will focus on real-life case studies of workplace injuries and provide you with a unique opportunity to observe mock depositions of doctors in three main medical specialties-internal medicine, orthopedics, and psychology. These mock depositions will be conducted by leading California defense and applicants' attorneys. You will not want to miss this chance to get answers to your most pressing questions. Topics to be addressed include: What to look for in a medical report to help you understand the extent of the employee's injury and how it will impact his/her ability to perform job responsibilities When is it prudent to take the doctor's deposition, and when is it NOT prudent to take a deposition? What information does the doctor need and what information does the attorney feel is necessary in order to properly evaluate the claim? How to judge if your counsel is asking the right questions on your claims to uncover the critical issues Mark H. Hyman, MD, FACP, FAACEP, Associate Professor of Medicine UNIVERSITY OF CALIFORNIA, LOS ANGELES David B. Freeman, Ph.D., ABPN, Clinical Director CALPSYCH, FMT Jeffrey A. Berman, MD, Orthopedic Surgeon JEFFREY A. BERMAN, MD Carl Jacobs, Esq., Managing Attorney JACOBS & ASSOCIATES Bernard Sobelsohn, Esq., Managing Partner SOBELSOHN & JOHNSON LLP Saul W. Allweiss, Esq., Managing Attorney LAW OFFICES OF SAUL ALLWEISS Charles R. Rondeau, Esq., Partner GRAIWER & KAPLAN, A.P.C. Adam Dombchik, Esq., Partner GORDON, EDELSTEIN, KREPACK, GRANT, FELTON & GOLDSTEIN Scott Ford, Esq., Partner LAW OFFICES OF LEVY, STERN AND FORD LLP Back
WORKSHOP #4 Finding Your Way Through the Confusing Leave and Disability Law Labyrinth: FMLA/CFRA, ADA/FEHA, and Workers' Comp (H7725006) Using "real-life" scenarios and fact patterns, this in-depth workshop will provide practical solutions for employers, human resource managers, and risk managers faced with the often complex and confusing accommodation obligations under the state workers' compensation system, ADA, FEHA, FMLA, and CFRA. We will address the "must have" policies and practices for every employer. When even the best policies, practices, and intentions fail, we will offer recommendations for defending the dreaded disability discrimination suit before the WCAB and/or civil courts. Topics to be addressed include: How to avoid a disability discrimination claim Implementing personnel policies: The first step in your return-to-work program Ensuring that you are applying your policies evenly, fairly, and without discriminating What is a "disability" in California? What is a "reasonable accommodation"? Clarifying the employer's and employee's rights and responsibilities in this process Documenting your return-to-work and accommodation efforts How to defend a disability discrimination claim Safely navigating the overlapping FMLA/CFRA, ADA/FEHA, and workers' comp laws: Analyzing real-life case studies Renee St. Clair, Esq., Partner ENGLAND PONTICELLO & ST. CLAIR, PC Arlene Prater, Esq., Partner BEST BEST & KRIEGER LLP Alison D. Alpert, Esq., Partner BEST BEST & KRIEGER LLP Back
12:30 pm Opening Remarks from the Chairs Lori C. Kammerer, Principal KAMMERER & COMPANY Back
12:45 pm OPENING KEYNOTE SESSION: LEGISLATIVE UPDATE AND PANEL DISCUSSION Results of the 2008 Legislative Session and Proposed Legislation for 2009: Workers' Comp, Health Care, and More! You will not want to miss this enlightening keynote presentation by California state legislators on critical issues facing private-sector business and public-sector employers. Get a complete update on the results of the 2008 legislative session and hear the status of workers' comp, health care, and other key legislation. Find out what each of these lawmakers believe the legislature can do to address the continuing challenges facing the workers' comp and health care systems in 2009. Assembly Member Michael David Duvall (R) CALIFORNIA STATE ASSEMBLY Assembly Member Joseph Coto (D) INVITED CALIFORNIA STATE ASSEMBLY Back
1:45 pm KEYNOTE SESSION Status Report on Workers' Comp Goals and Objectives from the Department of Industrial Relations John Duncan, Director of the Department of Industrial Relations, will provide a status report on the Department of Industrial Relations' workers' compensation goals and objectives for 2008 and 2009. Topics to be discussed include: Addressing legal compliance challenges for employers Areas of improvement for administering the workers' comp system Update on wage and hour issues and changes to payroll audits by insurers John C. Duncan, Director CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS Back
2:15 pm KEYNOTE PANEL SESSION The Latest News from the California Division of Workers' Comp: New Rules and Regulations, Permanent Disability, and Utilization Review Carrie Nevans, Acting Administrative Director, Dr. Anne Searcy, Executive Medical Director, and Suzanne Marria will bring you the very latest developments from the Division of Workers' Comp. The panel will address the burning issues surrounding Utilization Review and will ensure you are up to date on the new regulations in California and how they impact employers and other stakeholders. Find out what's on the horizon for the coming year. Carrie Nevans, Administrative Director CALIFORNIA DIVISION OF WORKERS' COMPENSATION Anne Searcy, MD, Executive Medical Director CALIFORNIA DIVISION OF WORKERS' COMPENSATION Suzanne Marria, Esq., Counsel CALIFORNIA DIVISION OF WORKERS' COMPENSATION, LEGAL UNIT Back
3:30 pm PANEL DISCUSSION: SELF-INSURANCE Update on New Issues Facing Self-Insureds and How Leading California Self-Insured Employers Are Partnering with Their TPAs to Keep Costs Down (H7725008) Hear how two leading California self-insured employers-- Honda North America and San Diego Unified School District-- are successfully containing workers' comp costs! Discover solutions to the issues and challenges confronting self-insured employers in California and hear an informative panel discussion on how you can ensure that your workers' comp claims are managed on a cost-effective and timely basis. This session will also provide strategies for successfully partnering with your TPA and avoiding the common pitfalls in TPA arrangements. Urvi Sutariya, CWCP, Workers' Compensation Administrator HONDA NORTH AMERICA Kassia W. Kossyta, Director, Insurance & Risk Services SAN DIEGO UNIFIED SCHOOL DISTRICT Brian Gannon, Vice President CAMBRIDGE INTEGRATED SERVICES Back
3:30 pm CARVE-OUTS AND ALTERNATIVE DISPUTE RESOLUTION The Latest Developments in Carve-Outs and ADR Reforms in California Workers' Comp and Update on the Recent U.S. Supreme Court Case (H7725009) The recent California workers' comp reforms allow for unionized employers to "carve out' their own workers' comp system outside the WCAB. While still providing appropriate medical benefits, indemnity, and return-to-work responsibilities, the system allows both the employee and employer to actively participate in the resolution of a claim. Discover the impact that both carve-outs and ADR have had on workers' compensation systems-particularly injury rates, medical treatment and evaluation, indemnity benefits, and costs associated with litigation. Recent U.S. Supreme Court decision on the efficacy of ADR Clarification on how carve-outs work and how they fit in with the current workers' comp system in California How employers can change the way they are managing their workers' comp claims Understanding the cost benefits of carve-outs and how they are evaluated Case studies of carve-outs Robert E. Buch, Esq., Partner SEYFARTH SHAW LLP William J. Dritsas, Esq., Partner SEYFARTH SHAW LLP Back
3:30 pm BACK INJURY CLAIMS How to Minimize Your Claims Cost Exposure in Back Injury Claims: Early Identification of Urologic and Sexual Dysfunction (H7725010) Workers' comp back injury claims are among the most common and frustrating of workers' compensation claims with costs that often spiral out of control. In many cases it is the urologic complications from spinal injuries that result in the costliest claims. Gaining an understanding of the urologic injury and sexual dysfunction early in the case will lead to a direct cost savings. This session will focus on how to identify urologic dysfunction and other complications and why this is so critical to minimizing the costs of your claim. Topics to be discussed include: Cost-containment and medical-management issues in back injury cases with urologic impairments Early intervention techniques to help identify symptoms for urologic problems for direct cost savings Anatomy of the spine, including the identification of the vertebrae and corresponding spinal nerves The impact of the AMA Guides for the evaluation of permanent impairment: Litigating a back injury that causes an alleged urologic injury Mark Spoonamore, MD, Orthopedic Spine Specialist Assistant Professor, USC KECK SCHOOL OF MEDICINE Director of Spine Surgery, USC CENTER FOR SPINAL SURGERY Fred Kuyt, MD Urologist, CENTURY UROLOGY MEDICAL GROUP Chief, Division of Urology, CENTURY CITY DOCTORS HOSPITAL Clinical Instructor, USC KECK SCHOOL OF MEDICINE and CEDARS-SINAI MEDICAL CENTER Qualified Medical Evaluator, STATE OF CALIFORNIA Back
4:30 pm (Choose 1 of 3) PSYCHIATRIC WORKERS' COMP CLAIMS Implementing Cost-Effective Tools in the Management of Psychiatric Workers' Comp Claims and Using the GAF Scale to Determine the Level of Impairment (H7725012) Discover how early intervention in psychiatric claims handling can have a significant impact on costs. This session will focus on how to effectively manage the treatment of psychiatric and psychological workers' comp claims with an emphasis on cost-containment issues. Find out how different psychological tests are used, how to eliminate unnecessary testing, and what can be done to reduce the cost of litigation. Our experts will analyze the rating of a psychiatric impairment and explain how to interpret the GAF scale to help reduce the cost of permanent impairment. Topics to be discussed include: Early intervention in psychiatric claims handling to reduce psychiatric claims costs Appropriate use of evidence-based, peer-reviewed, and nationally recognized testing to reduce the cost of a claim Understanding how to assess psychiatric impairment based on the symptom severity and the level of functioning for the purpose of managing a claim Monitoring the GAF scale during psych treatment and how to reduce the cost of the claim Brian Jacks, M.D. F.A.A.C.P., Psychiatrist Clinical Professor, USC KECK SCHOOL OF MEDICINE Qualified Medical Evaluator, STATE OF CALIFORNIA L. Scott Frazier, Ph.D., Clinical Psychologist Qualified Medical Evaluator, STATE OF CALIFORNIA Back
4:30 CLAIMS MANAGEMENT Case Studies: Discover What Del Monte Foods and Coca-Cola Are Doing to Successfully Manage Their Workers' Compensation Claims (H7725013) Experienced claims and risk management professionals will provide you with proven strategies for containing costs, reducing lost days, and keeping claims from spiraling out of control. Find out how Del Monte Foods has implemented safety and claim management strategies over the last six years to reduce frequency by 44%, severity by 83%, cost per claim by 33%, Total Incident Rate by 39%, and their deductible accrual by 18%, at the same time the per occurrence deductible was doubled. Hear how Coca-Cola Enterprises is reaping the benefits from implementation of a successful modified-duty program and litigation management strategy. Topics to be addressed include: Actively managing workers' comp claims in a high-deductible program that is not self-insured Dedicating more resources to safety to reduce frequency and severity of claims Implementing a successful return-to-work policy in a union environment Realizing the results from a modified-duty program that gets employees back on the job Litigation management tactics and guidelines for selecting defense counsel Moderator Daniel Chizever, MBA, ARM, Director of Risk Management ABERCROMBIE & FITCH Linda J. Pirlot, CPCU, CPIW, Risk Manager DEL MONTE FOODS Jacquetta Bratton, Regional Claims COCA-COLA ENTERPRISES, INC. Back
4:30 pm MEDICARE SET-ASIDES Medicare in Workers' Comp Settlements: Critical Insights and Guidelines Regarding Medicare Set-Aside Allocations (H7725014) 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 Benjamin M. Basista, Esq., Attorney BURNS, WHITE & HICKTON, LLC Back
8:15 am Opening Remarks from the Chair Philip Millhollon Executive Director, CALIFORNIA SELF-INSURERS ASSOCIATION Former Director of Claims, CHEVRON Back
8:20 am KEYNOTE SESSION Update from the California Department of Insurance: Progress on Key Issues Impacting Workers' Comp Stakeholders Insurance Commissioner Steve Poizner will bring you up to date on the progress of the Department of Insurance, with emphasis on the critical issues impacting stakeholders in the workers' comp system. As part of an aggressive antifraud campaign, Insurance Commissioner 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. Find out what gains have been made to date in cracking down workers' comp fraud, what other initiatives the Department has implemented this year, and what goals have been identified for 2009. Steve Poizner, Insurance Commissioner (INVITED) STATE OF CALIFORNIA DEPARTMENT OF INSURANCE Back
9:10 am KEYNOTE PANEL DISCUSSION Solutions to the Latest Challenges for Insured and Self-Insured Employers: Workers' Comp Cost-Containment Strategies in Light of Current Insurance Market Trends Although there has been a downward trend in the frequency of workers' comp claims in California, there has been a marked increase in severity, loss adjustment expenses, attorney fees, and medical costs are on the rise. Insurers are feeling the upward pressure and this will continue even though the Commissioner did not agree to a premium increase. Is the upward pressure being felt by insurers likely to lead to a premium increase in the near future? How will these market trends impact reserves for self-insured organizations? Hear industry experts from both camps address cost-containment strategies and other solutions to the challenges for insured and self-insured employers. Mark Webb, Vice President Governmental Relations EMPLOYERS DIRECT INSURANCE COMPANY William M. Zachry VP, Workers' Compensation, SAFEWAY Chair, CALIFORNIA FRAUD ASSESSMENT COMMISSION Robert M. Milane, Managing Director of Risk Management FEDEX GROUND Lauren F. Farley Risk Manager, CITY OF NEWPORT BEACH President, CALIFORNIA PRIMA Back
10:45 am APPORTIONMENT UPDATE Recent Developments in Apportioning Preexisting Injuries and Causation of Workers' Comp Claims in California: Deciphering What the New Cases Mean for Employers (H7725017) Apportionment is under attack from all sides-from the California Applicants' Attorneys Association (CAAA) to newspaper editorials. The CAAA alleges that Labor Code section 4663 discriminates on the basis of age, race, and gender. In fact, current apportionment law is fair and reasonably limits employers' liability to disability caused by actual employment. This session will provide you with an update on the most recent court cases defining legal apportionment and will focus on the strategies that increase apportionment, resulting in savings for the employer. Discover how to save costs by obtaining medical-legal reports that maximize apportionment without being discriminatory Apportioning preexisting disability and pathology without discriminating against race, age, nationality, or gender Find out what employers can do to assist in revealing nonindustrial factors of apportionment Marijo Kuperman, Esq., Managing Partner LAUGHLIN, FALBO, LEVY, AND MORESI, LLP Matthew D. Hurlimann, Esq., Attorney LAUGHLIN, FALBO, LEVY, AND MORESI, LLP Back
10:45 am COMBATING FRAUD Update from the Department of Insurance Fraud Division: Investigations and Enforcement Efforts to Crack Down on Workers' Comp Fraud (H7725018) Hear from Rick Plein, Bureau Chief of the Workers' Compensation Fraud Program for the California Department of Insurance, and learn what plans are being implemented to combat workers' comp fraud in California, and find out what employers can do to protect their organizations from expensive fraudulent claims. Discover what types of fraud are currently most prevalent in California, and how these cases are being handled. Rick Plein, Bureau Chief, Workers' Compensation Fraud Program, Northern Region STATE OF CALIFORNIA DEPARTMENT OF INSURANCE Back
10:45 am WORKERS' COMP INSURANCE-HIDDEN CHARGES Are You Paying More Than You Think for Workers' Comp Insurance? Uncovering the Hidden Charges (H7725026) The respite in historically high workers' comp premiums in California has been good news to risk managers and HR professionals. But many companies with high-deductible, loss-sensitive policies may still be paying out excessive costs to carriers in a different way-through hidden charges. This session will examine how risk managers and HR professionals can identify and uncover these undisclosed charges found in ancillary contracts or agreements required by their carriers-charges for services they are already paying for under their policies. Discover how you may be paying twice for the same service, including claims administration, investigative services, nurse case managers, and in-house legal counsel Examine ways to identify these hidden charges and the steps you can take to protect your company Learn how the right insurance broker can play a key role in the process and ensure your company's best interests are met Nicholas Roxborough, Esq., Managing Partner ROXBOROUGH, POMERANCE & NYE Back
11:40 am INJURY PREVENTION Best Practices for Using a Scalable, Technology-Based, Injury-Prevention Program to Effectively Reduce Risks and Control Claims Costs (H7725020) Hear how Fortune 500 companies are successfully using technology to reengineer their business processes and  significantly lower the risks of workplace injuries! With thousands of jobs, tasks, processes, and procedures and tens of thousands of factors contributing to employee risk, creating a holistic prevention program that can effectively manage costs can be a daunting prospect. This is particularly true for companies that are still managing their health and safety activities using paper or spreadsheets. That is why some organizations are choosing to implement a technology-based, scalable, injury-prevention program. Establishing a baseline of performance across the organization allows them to collect risk data by task, compare risks from one job to another, prioritize interventions to mitigate risk, and measure risk before and after changes are made. Topics include: Identifying which tasks carry the most risk and therefore the greatest risk reduction when modified or eliminated Reengineering business processes to reduce risk Establishing best practice sharing across departments Kim Lopez, CEO REMEDY INTERACTIVE, INC. Bill Gonser, Director of Safety & Workers' Compensation DISNEYLAND RESORT Back
11:40 am RISK MANAGEMENT Case Studies: Proven Solutions to Your Biggest Workers' Comp Risk Management Challenges in California (H7725021) Discover how the LA Community Development Commission significantly reduced costs in TTD and lost days, how Big 5 Corp realized a savings of almost 30% from implementing an MPN and reduced their experience modification from 1.37 to .097, and how the City of Long Beach aggressively overhauled its workers' compensation program and saw results in just 6 months! This session will focus on proven strategies to manage workers' comp risks and decrease costs. Three leading California employers will share their expertise and success stories and provide you with knowledge and tools to take back and implement. Strategies for alternative risk transfers: Evaluating your program to see what does and doesn't work Realizing significant cost savings by overhauling your workers' comp program Developing an interactive partnership with your TPA or adjuster, attorney, treating physician(s), injured employee, and manager Dramatically improving your return-to-work outcomes: Making reasonable accommodations for employees to return to work on modified duty Utilizing legislative changes to successfully implement an MPN that will result in significant cost savings Rebecca Yee, Risk Manager LA COMMUNITY DEVELOPMENT COMMISSION Karen Nash, Workers' Compensation Manager BIG 5 CORP. Michael Alio, M.A., ARM-P, Risk Manager CITY OF LONG BEACH Back
11:40 am ADA/FEHA UPDATES The Latest Court Decisions and How to Design a Proactive Reasonable-Accommodations Process for Injured Workers and Steer Clear of ADA/FEHA Compliance Traps (H7725022) This session will provide you with proactive strategies to ensure that your reasonable-accommodations process is in compliance and will protect you from costly liability. Find out why it is more important than ever to be sure that disabled employees are part of the "interactive process" to determine the possible accommodations. Our leading employment law attorney and HR director will provide you with the knowledge and tools you need to design a proactive accommodations process for injured workers and safely navigate the laws. Clarification on employer rights and responsibilities in the accommodations process as defined by AB2222 Update on recent court decisions interpreting the ADA and FEHA Avoiding costly ADA/FEHA violations when recruiting and hiring employees Ensuring your leave and absence policies are in compliance Analyzing real-life case studies Charles L. Thompson, IV, Esq., Partner KAUFF, MCCLAIN & MCGUIRE LLP Lisa Dutro, Director of Human Resources PENINSULA FLOORS, INC. Back
2:00 pm KEYNOTE SESSION A View from the Bench: Noteworthy 2008 WCAB Decisions and New Trends in Workers' Comp Litigation California Workers' Comp Appeals Board Chairman Joseph M. Miller will provide an update on this year's most significant WCAB decisions and how they will impact stakeholders in the workers' compensation system. Find out which issues are most likely to come before the WCAB in 2009 and how you can be proactive. Joseph M. Miller, Chairman CALIFORNIA WORKERS' COMPENSATION APPEALS BOARD Back
3:30 pm THE CALIFORNIA EMERGENCY PARTNERSHIP PROJECT New Disaster-Preparedness Plans for California: Discover Critical Strategies to Protect Your Workplace from Natural and Unnatural Disasters (H7725024) Governor Schwarzenegger established the Emergency Partnership Advisory Workgroup (EPAW) through Executive Order S-04-06, recognizing that public-private partnerships are essential for preparing for, responding to, and recovering from disasters. Since the inaugural meeting of the Workgroup on April 12, 2007, a Charter has been adopted that sets forth the statewide goals and objectives. Recognizing the role that insurance companies have as employers and in financial catastrophic recovery, the Banking, Insurance, and Financial Services Committee was formed as one of the essential service committees to the Workgroup. This session will focus on: The organizational structure, membership, and statewide goals and objectives of the EPAW Status of statewide health, medical, and insurance preparedness efforts Lessons learned from the California wildfires and other recent catastrophic events Catastrophe-preparedness models for businesses and employers Kathleen Webb, CPCU, Director GOVERNOR'S OFFICE OF THE INSURANCE ADVISOR Candysse Miller, Executive Director INSURANCE INFORMATION NETWORK OF CALIFORNIA Elisabeth (Betsey) H. Lyman, Deputy Director, Public Health Emergency Preparedness CALIFORNIA DEPARTMENT OF PUBLIC HEALTH Helen Lopez, Director/Chief of Staff GOVERNOR'S OFFICE OF EMERGENCY SERVICES Back
3:30 pm CASE STUDY: CLAIMS PREVENTION TACTICS The Next New Frontier of Workers' Comp Claims Prevention: Find Out What California Organizations Are Doing to Effectively Prevent Claims Before They Occur (H7725016) CONTROL is a key word in California workers' comp. This session will explore how companies are asserting more control by complementing existing claims management strategies with a highly effective Injury Prevention Strategy. Claims prevention and claims management must be actively present to win at worker' comp. Learn how Kendall Jackson Winery Estates, Los Angeles County, Frank B. Howard Memorial Hospital, Delta Airlines, McLane's Food Service, and Whole Foods are proactively winning the game by preventing tomorrow's claims today. Dennis Downing, President FUTURE INDUSTRIAL TECHNOLOGIES Scott Stoner, Director of Risk Management KENDALL-JACKSON WINERIES Back
3:30 pm FUTURE EARNING CAPACITY Where We Stand with Future Earning Capacity in California Workers' Comp (H7725025) Hear a Workers' Comp Judge and Attorneys on Both Sides Debate This Important Emerging Issue Will California workers be entitled to lost wages? What is "loss of future earning capacity"? Learn more about this emerging trend from experienced attorneys and a presiding WCALJ as they too are facing potential wage-loss cases for the first time before the WCAB. Find out how these cases are being handled from both an applicant's and defendant's perspective and learn practical solutions to address this issue. Is "wage loss" the new workers' compensation benefit in California? How is a loss of future earning capacity raised, proved, and defended? Find out from an applicants' attorney which cases are being pushed into a "wage loss" scenario Learn from a defense attorney how to defend such claims Obtain a judge's perspective on this emerging issue before the WCAB Barry W. Ponticello, Esq., Partner ENGLAND PONTICELLO & ST. CLAIR, PC Clifford Levy, Presiding Judge CALIFORNIA WORKERS' COMP APPEALS BOARD - SAN DIEGO Back
9:00 am MEDICAL COST CONTAINMENT New Directions in Workers' Comp Medical Cost Control in California (H7725028) Medical costs are consuming an ever increasing portion of the workers' comp dollar. On top of that, the cost of administering the benefit has soared since reforms, with more than two-thirds of the premium dollar going to administration. Employers are experimenting with new ways to deliver occupational medical treatment that offer the opportunity to lower costs while improving care. This panel will highlight new models for delivering medical care. Key issues to be discussed include: What does it really cost to deliver occupational medicine? Making your group health provider your MPN Integrating disability as well as medical Legislative solutions to integration's problems Christine Baker, Executive Officer COMMISSION ON HEALTH AND SAFETY AND WORKERS' COMPENSATION Lachlan Taylor, Staff Judge COMMISSION ON HEALTH AND SAFETY AND WORKERS' COMPENSATION Frank Neuhauser, Project Director SURVEY RESEARCH CENTER UC-BERKLEY Brent Barnhart, Esq., Senior Counsel - Legal and Government Relations Department KAISER PERMANENTE Back
9:00 am PAIN MANAGEMENT Successful Management of Chronic Pain in Injured Workers Using Multidisciplinary Approaches (H7725029) Traditional approaches to managing chronic pain in injured workers focused on reducing pain levels through medications, interventional procedures/injections, surgery, and often a combination of these treatment modalities. This session will focus on functional restorative approaches to the management of chronic pain in the injured worker, a newer approach to addressing chronic disability by directly addressing physical and psychosocial barriers to return to work with a focus on functional optimization. This approach provides the injured worker with the tools for self-improvement and self-responsibility in recovery rather than a passive reliance on medical treatment and medical providers. Understanding the key differences between traditional and multidisciplinary approaches to chronic pain management in injured workers Assessing the cost effectiveness of traditional vs. multidisciplinary pain management New approaches to preventing the development of chronic pain and disability Dr. Timothy S. Lo, M.D., M.P.H., Attending Physician THE NORTHERN CALIFORNIA FUNCTIONAL RESTORATION PROGRAM Back
10:15 am NEW TRENDS IN WELLNESS How Innovative Wellness Initiatives Can Significantly Lower Health Care and Workers' Comp Costs, Reduce Absenteeism, and Increase Productivity (H7725031) Discover how to implement an integrated wellness program that works and will have a significant impact on your bottom line! As both private companies and public sector organizations are struggling to find solutions to rising health care costs, HR and benefits professionals, as well as other key decision makers can impact the bottom line by implementing integrated wellness solutions in the workplace. Find out how to implement a wellness program that effectively addresses the needs of your workforce and produces a measurable ROI. Topics to be addressed include: Understanding the direct correlation between employees' health risks and increasing health care costs Identifying the most pressing wellness needs in your workforce Implementing a wellness solution that addresses both physical and emotional needs Using promotional activities and incentive-based programs to boost utilization and enhance effectiveness Dr. Ann Clark, CEO ACI SPECIALTY BENEFITS Danelle Pereira, Wellness Director and Fitness America Champion ACI SPECIALTY BENEFITS Back
10:15 am CALIFORNIA WORKERS' COMP FACE OFF Point-Counter Point: Defense and the Applicants' Attorneys Go Head to Head on the Hottest Issues in California Workers' Comp Law (H7725032) Enjoy this lively point-counter point debate between a workers' comp defense attorney and applicant's attorney. Hear how each side will argue the issues using real-life scenarios focusing on compensability issues, psychiatric claims, affirmative defenses and more! Kelly J. Hamilton, Esq., Partner and Certified Impairment Rater GRAY & PROUTY Linda F. Atcherley, Esq., Attorney LINDA ATCHERLEY & ASSOCIATES Back
11:20 am CLOSING PROBLEMATIC, LINGERING CLAIMS Putting a Successful Accelerated Claim-Closure Strategy in Place to Reduce Costs and Decrease Liability Risks (H7725034) Problematic, lingering claims sometimes seem like they will never end. And the longer a workers' comp claim stays open, the higher the costs will be and the greater your liability risks. This session will provide you with successful strategies used to close difficult claims which can result in significant cost savings, as well as reduced liability for employers. Topics to be discussed include: Why workers' compensation claims remain open and how much this can cost your organization 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 Saul Allweiss, Esq., Managing Attorney LAW OFFICES OF SAUL ALLWEISS Kent A. Takemoto, M.D., CEO LASER SHAPING CENTERS Back
11:20 am 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 (H7725035) Discover how California organizations are using metrics to design and implement strategic changes to their workers' comp programs that are significantly reducing 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 how organizations that are taking this approach are celebrating their achievements. Back