2010 Agenda

Tuesday, October 12, 2010
1:00 pm 4:30 pm Preconference Registration for Attendees and Exhibitors
Wednesday, October 13, 2010 - Optional Workshops
7:00 am 8:15 am Workshop Registration and Continental Breakfast
9:45 am   Exhibition Hall Opens
10:00 am 10:30 am Networking Refreshment Break in the Exhibition Hall
8:15 am 11:45 am (Choose 1 of 4)
WORKSHOP #1: RETURN TO WORK AND LIGHT DUTY
Advanced Return-to-Work Strategies in Challenging Economic Times: Innovative Solutions for Achieving Success with Fewer Dollars and Smaller Staff (H7741003)
WORKSHOP #2: COMPREHENSIVE LEGAL UPDATE
The Times, They Are a Changing: New Court Interpretations of SB899 and Other Significant Workers’ Comp Cases, New Legislative Developments, and What’s in Store with a New Governor in 2011 (H7741004)
WORKSHOP #3: EMPLOYMENT LAW AND WORKERS’ COMP
Minimizing Your Exposure to Increasing Liability Risks for Wrongful Termination, Discrimination, Retaliation, and ADA/FEHA and FMLA/CFRA Violations (H7741005)
WORKSHOP #4: WORKERS’ COMP 101
Surviving the California Workers’ Comp Jungle: The Nuts and Bolts of Workers’ Comp Law and Managing Claims in California (H7741006)
Wednesday, October 13, 2010 - Main Conference
11:00 am 12:30 pm Main Conference Registration and Networking Lunch in Exhibition Hall
12:30 pm 12:40 pm Opening Remarks from the Chairs
12:40 pm 1:10 pm OPENING KEYNOTE SESSION
The Impact of Health Care Reform on California Businesses and Public Sector Employers: Update on Plans for Implementation of the New Law and Other Key Health and Human Services Issues
1:10 pm 1:45 pm KEYNOTE SESSION: LEGISLATIVE UPDATE
Results of the 2010 Legislative Session and What to Expect in 2011: New and Proposed Legislation Impacting Workers’ Comp and Economic Recovery
1:45 pm 3:00 pm KEYNOTE STAKEHOLDER PANEL SESSION
The Current State of California Workers' Compensation and What the New State Government Will Mean for Stakeholders
3:00 pm 3:30 pm Networking Refreshment Break in Exhibition Hall
3:30 pm 4:20 pm (Choose 1 of 2)
SETTLEMENT STRATEGIES
Implementing a Winning Workers' Compensation Settlement Strategy (H7741008)
INNOVATIONS IN COST REDUCTION
How the County of San Luis Obispo’s Workers Comp Program Achieved Double-Digit Reductions in Claim Payments and Future Liability Reserves (H7741009)
4:20 pm 5:15 pm (Choose 1 of 2)
WCAB UPDATE
Workers' Comp Appeals Board Update: New Litigation Trends and How to Enhance Your Chances of Success (H7741011)
INTEGRATED DISABILITY MANAGEMENT
Innovative and Collaborative Models in Integrated Disability Management: How Leading Organizations Are Implementing Successful Return-to-Work Programs (H7741012)
5:15 pm 8:00 pm Networking Cocktail Reception in Exhibition Hall
Thursday, October 14, 2010
7:30 am 8:15 am Continental Breakfast
10:00 am   Exhibition Hall Opens
8:15 am 8:20 am Welcome from the Chairs
8:20 am 8:50 am KEYNOTE SESSION: DIR
The Latest Developments from the Department of Industrial Relations: Status Report on New Compliance Challenges and Improvements to the Workers’ Comp System
8:50 am 9:20 am KEYNOTE SESSION: DWC
Update from the California Division of Workers' Comp: Update on New Regulations, Current Initiatives, and What’s on the Horizon for 2011
9:20 am 10:15 am (Choose 1 of 2)
FRAUD PANEL DISCUSSION
The Latest Workers’ Comp Fraud Enforcement Efforts: Cracking Down on Claimant, Employer, and Provider Fraud (H7741014)
APPORTIONMENT UPDATE
Deciphering Apportionment of Joint Replacement, Obesity, Psyche Claims, and More: The Good, the Bad, and the Ugly! (H7741015)
10:15 am 10:45 am Networking Break in Exhibition Hall
10:45 am 11:35 am (Choose 1 of 2)
PERMANENT DISABILITY
Update on the Permanent-Disability Debacle: The Latest on the Almaraz/Guzman/Ogilvie Cases and What This Means for Stakeholders (H7741017)
OFFICE OF SELF-INSURANCE PLANS (SIP) AUDITS
What Self-Insured Employers Need to Know About SIP Audits and Setting Reserves, and How to Ensure You Are Prepared (H7741018)
11:35 am 12:30 pm (Choose 1 of 2)
CASE STUDIES: RISK MANAGEMENT AND SAFETY
Case Studies of Successful Risk-Management and Safety Strategies Resulting in a Significant Decrease in Workers' Compensation Costs (H7741020)
ADA/FEHA ACCOMMODATIONS AND WORKERS’ COMP
Protecting Your Organization from Increased Liability Risks Under the New ADA Amendments Act: Strategies for a Proactive Interactive Process That Complies with ADA/FEHA and Enhances the Success of Your Return-to-Work Program (H7741021)
12:30 pm 2:00 pm Networking Lunch in Exhibition Hall
2:00 pm 3:00 pm (Choose 1 of 2)
MSA/MEDICARE COMPLIANCE “HOT TOPICS”
Assessing the Impact of New CMS Policies, Recent Case Law, and Proposed Legislation and Developing Compliance Strategies to Protect Your Bottom Line (H7741023)
CASE STUDY: MEDICAL COST CONTAINMENT
Discover How a Leading California Organization is Achieving Success with an Out-of-the Box Cost-Containment Solution (H7741024)
3:00 pm 3:30 pm Networking Break in Exhibition Hall
3:30 pm 4:30 pm (Choose 1 of 2)
CASE STUDY: CLAIMS PREVENTION TACTICS
Preventing Sprain/Strain Claims: A Vital Part of Your Cost-Containment and Economic Recovery Plan (H7741026)
PANEL DISCUSSION: SELF-INSURANCE UPDATE
Addressing Key Workers’ Comp Issues Impacting Self-Insured Employers in California (H7741027)
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 15, 2010
7:30 am 9:00 am Networking Continental Breakfast in Exhibition Hall
9:00 am   Exhibition Hall Closes
9:00 am 10:00 am (Choose 1 of 2)
ROI ON WORKERS’ COMP PROGRAMS
How to Measure the Performance of Your Workers' Comp Program: The Vital Importance of Using Metrics and Benchmarks to Track Losses and Implement Changes That Achieve Results (H7741029)
CAL-OSHA UPDATE
How Inconsistency in Reporting First-Aid Claims Is Driving Up Costs and What Can Be Done to Address This and Other Challenges (H7741030)
10:00 am 10:15 am Break
10:15 am 11:15 am (Choose 1 of 2)
DEFENSE OF WORKERS’ COMP CLAIMS
Reaping the Benefits of Monitoring Outside Counsel in the Defense of Litigated Workers' Compensation Matters (H7741032)
CASE STUDY: SAFETY AUDITS
Discover How Dollar General’s Implementation of Facility Safety Audits Resulted in a Significant Reduction in Workplace Injuries and Workers’ Comp Costs (H7741033)
11:15 am 12:15 pm WORKPLACE WELLNESS
Workplace Wellness as a Business Strategy to Reduce Health Care Costs and Increase Employee Morale and Productivity
12:15 pm   Conference Concludes
8:15 am
WORKSHOP #1: RETURN TO WORK AND LIGHT DUTY
Advanced Return-to-Work Strategies in Challenging Economic Times: Innovative Solutions for Achieving Success with Fewer Dollars and Smaller Staff (H7741003)

Discover how St. Joseph Health System, Grimmway Farms, and California Joint Powers Insurance Authority are achieving success in their return-to-work programs in spite of tight budget constraints!

Tightened budgets and downsized staffs resulting from the economic downturn have presented new and complex return-to-work challenges for employers. This comprehensive workshop will provide you with out-of-the-box solutions that work, even under tight budget constraints. Hear how leading organizations are implementing successful return-to-work programs, decreasing lost days, and significantly reducing 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.

  • Keys to implementing a successful return-to-work program on a tight budget: Solutions to the return-to-work dilemmas brought on by the recession
  • How to minimize the risks of returning employees to work: Taking the guesswork out of determining what an employee can and cannot do safely
  • Advantages of expanding return to work to include nonindustrial disability leaves
  • What to consider when choosing a vendor for your integrated absence/disability-management program
  • Using metrics to measure the results of your return-to-work strategies
  • Communicating ROI to upper management
  • Interactive process and job accommodation: Ensuring that you are in compliance with the ADA and FEHA

Judie Tsanopoulos, CPDM, ARM, Director of Workers’ Compensation & Loss Control
ST. JOSEPH HEALTH SYSTEM

Joel Sherman, Director of Safety & Workers’ Compensation
GRIMMWAY FARMS

Diana J. Rich, ARM-P, Workers’ Compensation Program Manager
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY

Susan H. Abeln, PT, ARM, MPH, President
STRATEGIC HEALTH ALTERNATIVES, INC

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8:15 am
WORKSHOP #2: COMPREHENSIVE LEGAL UPDATE
The Times, They Are a Changing: New Court Interpretations of SB899 and Other Significant Workers’ Comp Cases, New Legislative Developments, and What’s in Store with a New Governor in 2011 (H7741004)
This interactive workshop will provide a comprehensive update on the most pertinent cases that have come down in the last year interpreting SB 899. Topics that will be discussed include Almaraz, Guzman, and Ogilvie and the drastic changes that these cases may cause for employers in California. This workshop will also address other significant cases as well as what we might expect as we travel into 2011 with a new governor on the horizon and how this will affect employers. Key issues to be addressed include:
  • Changes in the laws of apportionment: Obligations an employer might have for their obese employees
  • Drastic changes in attorney-client and attorney work-product privilege
  • Is the two-year cap on temporary total disability really two years or more?
  • Is an ergonomic workstation considered medical treatment under LC 4660?
  • How much more will it really cost an employer in light of the COLA provisions?
  • Find out about the new cases and standards for serious and willful misconduct
  • What will the new governor have in store for employers in California?

Barry S. Pearlman, Esq., Founder
LAW OFFICES OF PEARLMAN, BORSKA & WAX

Raymond F. Correio, Esq., Senior Associate
LAW OFFICES OF PEARLMAN, BORSKA & WAX

Honorable Lynn Devine, Esq., Workers’ Compensation Judge
DIVISION OF WORKERS’ COMPENSATION

Adam Dombchik, Esq.
Partner, GORDON, EDELSTEIN, KREPACK, GRANT, FELTON & GOLDSTEIN
President, CALIFORNIA APPLICANTS’ ATTORNEYS ASSOCIATION (CAAA)

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8:15 am
WORKSHOP #3: EMPLOYMENT LAW AND WORKERS’ COMP
Minimizing Your Exposure to Increasing Liability Risks for Wrongful Termination, Discrimination, Retaliation, and ADA/FEHA and FMLA/CFRA Violations (H7741005)

The struggling California economy continues to fuel 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 wrongful discharge, retaliation, and discrimination. This comprehensive and interactive three-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

Nancy J. Brown, Esq., Partner
SAMUELSEN, GONZALEZ, VALENZUELA AND BROWN

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8:15 am
WORKSHOP #4: WORKERS’ COMP 101
Surviving the California Workers’ Comp Jungle: The Nuts and Bolts of Workers’ Comp Law and Managing Claims in California (H7741006)

The California workers’ comp system is fraught with complexities, and handling claims can be risky business. The failure to adhere to the many compliance requirements and claims-management best practices may result in costly fines and expensive liability. This comprehensive workshop will provide you with critical claims-management and compliance strategies. Topics to be addressed include:

  • Before the claim happens: Implementing proactive policies to significantly reduce costs later
  • After the claim occurs: Taking critical steps in the first 24 hours following injury or illness to mitigate your potential exposure
  • Conducting an effective investigation: Developing reporting procedures and preparing required documentation
  • Defining compensability: Clarifying coverage and examining the exceptions
  • Calculating workers’ comp benefits: Assessing your exposure on workers’ compensation claims
  • Avoiding fines and penalties for failure to comply with the DWC statutes and regulations
  • Case studies: Analyze real-life scenarios throughout the workshop and walk away with strategies to apply to your own workers’ comp cases

Scott M. Tilley, Esq., Shareholder
PARKER & IRWIN, A.P.C.

Thomas L. Bolinger, Esq., Shareholder and Managing Attorney
PARKER & IRWIN, A.P.C.

Lanai Phoung Phun, Claims Manager
VONS, A Safeway Company

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12:30 pm
Opening Remarks from the Chairs

Lori C. Kammerer, Principal
KAMMERER & COMPANY

Earl H. Sherman, Corporate Director of Claims – Western Region
SUPERVALU INC.

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12:40 pm
OPENING KEYNOTE SESSION
The Impact of Health Care Reform on California Businesses and Public Sector Employers: Update on Plans for Implementation of the New Law and Other Key Health and Human Services Issues
Herb K. Schultz was appointed by the Obama administration to serve as Director of Region IX for the U.S. Department of Health and Human Services (HHS). In his enlightening keynote address, Director Schultz will provide you with an update on the plans for the implementation of national health care reform, and other important health and human services issues facing the state and country.

Herb K. Schultz, Director of Region IX
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

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1:10 pm
1:10 pm – 1:45 pm
KEYNOTE SESSION: LEGISLATIVE UPDATE
Results of the 2010 Legislative Session and What to Expect in 2011: New and Proposed Legislation Impacting Workers’ Comp and Economic Recovery
This enlightening keynote address will provide you with an update on the results of the 2010 legislative session. Hear the status of workers’ compensation, the economic recovery, and other key legislation impacting employers. Learn how Senator DeSaulnier views the legislature’s role in addressing the continuing challenges in workers’ compensation and health care and facilitating an economic recovery in California.

Mark DeSaulnier, Senator (Invited)
CALIFORNIA STATE SENATE

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1:45 pm
KEYNOTE STAKEHOLDER PANEL SESSION
The Current State of California Workers' Compensation and What the New State Government Will Mean for Stakeholders
As California businesses and government organizations continue to struggle to stay afloat, workers’ compensation costs remain a huge concern and a drain on the bottom line. Many are wondering what the new state government will mean for stakeholders. Our panel of industry experts will address the burning issues and potential solutions to rising medical costs, quality of care, the impact of new health care reforms on workers’ compensation, permanent disability distress, apportionment, and more.

Mark E. Webb, Vice President Governmental Relations
EMPLOYERS DIRECT INSURANCE COMPANY

Sean McNally, Esq.
Vice President, Human Resources and Legal Counsel, GRIMMWAY FARMS
Member, COMMISSION ON HEALTH AND SAFETY AND WORKERS’ COMPENSATION

Martin Brady, Executive Director
SCHOOLS INSURANCE AUTHORITY (JOINT POWERS AUTHORITY)

Adam Dombchik, Esq.
Partner, GORDON, EDELSTEIN, KREPACK, GRANT, FELTON & GOLDSTEIN
President, CALIFORNIA APPLICANTS’ ATTORNEYS ASSOCIATION (CAAA)

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3:30 pm
SETTLEMENT STRATEGIES
Implementing a Winning Workers' Compensation Settlement Strategy (H7741008)
Settling workers’ compensation cases in California has become increasingly complex and problematic. With rising litigation risks and multiple participants involved in the process, communication challenges often become barriers to reaching an agreement. This session will provide you with insight into the ever-increasing problems in trying to achieve a settlement and will offer techniques and practical solutions for achieving winning results. Issues to be addressed include:
  • The best approach for dealing with Medicare issues
  • The importance of educating injured workers
  • Tactics for dealing with hostile and recalcitrant judges or boards
  • Coordinating a successful team approach with the insured, the employer, and the attorney

Brian D. Egan, Esq., Partner
LAUGHLIN, FALBO, LEVY & MORESI LLP

Catherine Aguilar, WCCP
Workers’ Compensation Claims Manager, SAN FRANCISCO UNIFIED SCHOOL DISTRICT
Member, COMMISSION ON HEALTH AND SAFETY AND WORKERS' COMPENSATION

Kent H. Ball, Esq., Senior Legal Counsel - Workers' Compensation Claims
INSURANCE COMPANY OF THE WEST

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3:30 pm
INNOVATIONS IN COST REDUCTION
How the County of San Luis Obispo’s Workers Comp Program Achieved Double-Digit Reductions in Claim Payments and Future Liability Reserves (H7741009)
Five years ago, the County of San Luis Obispo’s workers’ compensation program found itself in distress with a mounting claims inventory and soaring claim costs. Daunted by bleak projections, the County engaged a team of experts to revamp their program. Within the last five years, total future liabilities plunged by 46 percent, annual workers’ compensation payouts in indemnity, medical, and expense decreased 39 percent, and claim inventory dropped by 37 percent. Learn how the County achieved these impressive results and how their groundbreaking approach can be implemented to reduce your workers’ comp claims costs and future estimated liabilities. Topics to be discussed include:
  • Developing the best metrics to identify your leading cases and isolate your main cost drivers
  • Analyzing the claims data with your TPA to develop meaningful action plans and time frames
  • Reviewing fresh and bold claim techniques for effective medical management
  • Implementing innovative processes to quickly resolve claims and contain your legal expense

Fernando Pla, AIC, WCCP, CPDM, Operations Manager
SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Christina Wong, Workers’ Compensation Manager
COUNTY OF SAN LUIS OBISPO

Melissa Boardman, Return-to-Work Coordinator
COUNTY OF SAN LUIS OBISPO

Tony Su, Independent Consultant
TCS RISK MANAGEMENT SERVICES, LLC

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4:20 pm
WCAB UPDATE
Workers' Comp Appeals Board Update: New Litigation Trends and How to Enhance Your Chances of Success (H7741011)
Hear an enlightening update from Commissioners Al Moresi and Ronnie Caplane of the Workers’ Compensation Appeals Board. Find out about the latest litigation trends and learn what you can do to enhance your chances of success in cases before the WCAB.

Alfonso J. Moresi, Commissioner
CALIFORNIA WORKERS' COMPENSATION APPEALS BOARD

Ronnie Caplane, Commissioner
CALIFORNIA WORKERS' COMPENSATION APPEALS BOARD

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4:20
INTEGRATED DISABILITY MANAGEMENT
Innovative and Collaborative Models in Integrated Disability Management: How Leading Organizations Are Implementing Successful Return-to-Work Programs (H7741012)

Our leading experts will focus on what you can do to remove the obstacles to return to work, get employees back on the job, and keep them working productively. Discover how leading organizations are implementing innovative and collaborative models in integrated disability management and return to work that are resulting in a decrease in lost days and a significant reduction in workers’ comp costs. Topics to be addressed include:
  • Using encounter-based data to improve physician disability performance and avoid unnecessary time off work
  • Find out how electronic work notes provide clear work restrictions for employees using language that supports transitional work and also contain extensive fraud protection
  • The advantages of physicians’ direct electronic access to Official Disability Guidelines recommendations based on diagnosis

John T. Harbaugh, M.D., Assistant Regional Medical Director; Regional Chief Occupational Medicine
SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP

Monica Lichtenstein, Western and Central Regional Claims Manager
ARAMARK

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8:15 am
Opening Remarks from the Chairs

Lori C. Kammerer, Principal
KAMMERER & COMPANY

Earl H. Sherman, Corporate Director of Claims – Western Region
SUPERVALU INC.

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8:20 am
KEYNOTE SESSION: DIR
The Latest Developments from the Department of Industrial Relations: Status Report on New Compliance Challenges and Improvements to the Workers’ Comp System
John Duncan, Director of the Department of Industrial Relations, will provide an update on the Department of Industrial Relations’ workers’ compensation goals and objectives for 2010 and 2011. Topics to be discussed include new legal-compliance challenges for employers, a status report on improvements to the workers’ comp system, and other vital issues.

John C. Duncan, Director
CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS

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8:50 am
KEYNOTE SESSION: DWC
Update from the California Division of Workers' Comp: Update on New Regulations, Current Initiatives, and What’s on the Horizon for 2011
Destie Overpeck will provide you with an update from the California Division of Workers’ Compensation. She will address the most recent regulations in California, return-to-work initiatives, the latest on EAMS, changes in the medical fee schedule, and their impact on employers and other stakeholders. Find out what’s on the DWC’s agenda for the remainder of 2010 and what’s on the horizon for 2011.

Destie Overpeck, Chief Counsel and Acting Chief Deputy Administrative Director
CALIFORNIA DIVISION OF WORKERS’ COMPENSATION

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9:20 am
FRAUD PANEL DISCUSSION
The Latest Workers’ Comp Fraud Enforcement Efforts: Cracking Down on Claimant, Employer, and Provider Fraud (H7741014)

Lisa Middleton, the new Chair of the California Fraud Assessment Commission, will moderate an enlightening panel discussion focusing on the latest enforcement efforts and their impact on putting a stop to claimant, employer, and provider fraud. Topics to be addressed include:
  • Update on workers’ comp fraud prosecutions in California and clarification on what a district attorney needs to successfully prosecute a case
  • The latest developments in enforcement efforts for cracking down on claimant provider and employer fraud
  • Update on the investigation and prosecution of prescription drug abuse in workers’ compensation
  • New plans for fighting fraud in 2011

Lisa Middleton
Senior Vice President, Internal Affairs, STATE COMPENSATION INSURANCE FUND
Chair, CALIFORNIA FRAUD ASSESSMENT COMMISSION

Rick Plein, Deputy Commissioner, Enforcement Branch
CALIFORNIA DEPARTMENT OF INSURANCE

Dominic Dugo, Esq., Deputy District Attorney
FRAUD DIVISION, SAN DIEGO COUNTY DISTRICT ATTORNEY

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9:20 am
APPORTIONMENT UPDATE
Deciphering Apportionment of Joint Replacement, Obesity, Psyche Claims, and More: The Good, the Bad, and the Ugly! (H7741015)
Our legal and medical experts will provide you with insights into the nuances of apportionment. You will find out about the very latest definitive cases interpreting the apportionment statutes, including new updates on apportionment of obesity, joint replacements, and psychiatric claims. Hear how the Workers’ Comp Appeals Board is applying the apportionment law, and learn how experts in orthopedics and psychiatry view the apportionment of injuries in their respective specialties.

Raymond F. Correio, Esq., Attorney
LAW OFFICES OF PEARLMAN, BORSKA & WAX

David E. Sones, M.D., Psychiatrist
UNIVERSITY OF CALIFORNIA, LOS ANGELES

Jeffrey A. Berman, M.D., Orthopedic Surgeon
THE OFFICES OF DR. JEFFREY A. BERMAN

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10:45 am
PERMANENT DISABILITY
Update on the Permanent-Disability Debacle: The Latest on the Almaraz/Guzman/ Ogilvie Cases and What This Means for Stakeholders (H7741017)
Don Barthel, a Founding Partner of the statewide defense firm Bradford & Barthel, LLP, and the lead defense counsel to argue the Guzman case before the Sixth District Court of Appeal, will provide you with an update on the latest developments in the Almaraz, Guzman, and Ogilvie trilogy of cases. Learn about defense weapons and strategies to ensure you pay only what you legitimately owe in permanent disability. You will not want to miss this lively, thought-provoking, informative session.

Donald R. Barthel, Esq., Partner
BRADFORD & BARTHEL, LLP

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10:45 am
OFFICE OF SELF-INSURANCE PLANS (SIP) AUDITS
What Self-Insured Employers Need to Know About SIP Audits and Setting Reserves, and How to Ensure You Are Prepared (H7741018)

If you are responsible for the financial impact that workers’ compensation claims have on a self-insured employer or your company is considering becoming self-insured, you will not want to miss this session.

Jim Ware, Director of SIP (Self-Insurance Plans), will provide you with insights into the SIP audit process. SIP is the regulatory arm that oversees self-insured employers and the reserves they are required to post on claim files. Their recommendations regarding reserves can have a major impact on a company’s bottom line. Topics to be addressed include:

  • What SIP auditors are looking for when reviewing claims of the third-party administrators and/or self-administered employers
  • The factors they take into consideration when making determinations whether to increase or decrease reserves
  • When a company does not agree with the reserve recommendation: Understanding the appeal process

James A. Ware, Chief
OFFICE OF SELF-INSURANCE PLANS (SIP)

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11:35 am
CASE STUDIES: RISK MANAGEMENT AND SAFETY
Case Studies of Successful Risk-Management and Safety Strategies Resulting in a Significant Decrease in Workers' Compensation Costs (H7741020)

Hear how leading companies are implementing innovative approaches to control workers’ compensation costs!

This session will focus on how two companies are reducing workers' compensation costs by implementing innovative programs. Discover how The Cheesecake Factory is achieving success with their Claims Allocation Program, and find out how their strategic approach resulted in a significant reduction in workers’ comp costs. Learn how Home Depot is controlling costs through sound claims-management and cost-containment initiatives. Topics to be addressed include:

  • Building the structure for a successful workers’ comp strategy with core cost-containment programs
  • Litigation-management tactics that can have a positive impact on your bottom line
  • Critical strategies for launching a successful internal training program and getting your managers engaged
  • Understanding the value of healthy competition and incentives to achieve goals
  • How giving autonomy to workers’ compensation teams can provide motivation

Kurt Leisure
Vice President, Risk Services/Asset Protection, THE CHEESECAKE FACTORY INCORPORATED
President, RIMS LOS ANGELES

Nancy Rietman, CHCM, CHSP, Occupational Claims Manager, US, Mexico & Guam
THE HOME DEPOT

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11:35 am
ADA/FEHA ACCOMMODATIONS AND WORKERS’ COMP
Protecting Your Organization from Increased Liability Risks Under the New ADA Amendments Act: Strategies for a Proactive Interactive Process That Complies with ADA/FEHA and Enhances the Success of Your Return-to-Work Program (H7741021)
This session will provide you with critical strategies to safeguard your organization from liability risks associated with burgeoning lawsuits. Find out what you can do to avoid ADA/FEHA violations. Topics to be addressed include:
  • Recent court decisions interpreting employer obligations under the ADA, FEHA, and the ADA Amendments Act
  • Making critical revisions to your leave and absence policies to ensure they are in compliance
  • Managing the overlap of ADA and workers’ comp provisions
  • The ADA implications of chronic conditions: Diabetes, obesity, autoimmune diseases, and more
  • Making your reasonable-accommodation process a vital part of a successful return-to-work program
  • Analyzing real-life case studies

Mary E. Farrell, Esq., Partner
FARRELL LAW GROUP

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2:00 pm
MSA/MEDICARE COMPLIANCE “HOT TOPICS”
Assessing the Impact of New CMS Policies, Recent Case Law, and Proposed Legislation and Developing Compliance Strategies to Protect Your Bottom Line (H7741023)
Several new changes on the Medicare Secondary Payer compliance front are having a direct impact on claims handling and settlement practices. Understanding the challenges these changes present is essential for proper compliance under the MSP and to avoid possible exposure, including “double damages.” This session addresses these new developments from a practical claims-handling perspective. Topics to be addressed include:
  • Update on CMS Section 111 reporting mandates
  • Navigating new CMS conditional-payment policies and procedures
  • Update on recent cases and how they impact claims handling
  • Is there help on the way? Assessing H.R. 4796’s reform proposals
  • New CMS Rx policies: Practical considerations and approaches

Mark Popolizio, J.D., Vice President of Customer Relations
NUQUEST/BRIDGE POINTE

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2:00 pm
CASE STUDY: MEDICAL COST CONTAINMENT
Discover How a Leading California Organization is Achieving Success with an Out-of-the Box Cost-Containment Solution (H7741024)
This session will focus on innovative and creative solutions to the rising medical costs in workers’ compensation. Learn why some of the traditional cost-containment methods alone are not enough and how creative, out-of the-box solutions are critical to success. Dr. Peplowski will share the success of Zenith’s Provider Partnership Program, including how this alternative style of cost-containment works, new ways to track outcomes, and how they are achieving cost savings.

Bernyce Peplowski, M.D., Executive Vice President of Medical Management and National Medical Director
THE ZENITH INSURANCE COMPANY

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3:30 pm
CASE STUDY: CLAIMS PREVENTION TACTICS
Preventing Sprain/Strain Claims: A Vital Part of Your Cost-Containment and Economic Recovery Plan (H7741026)
For a company running on a healthy 5 percent profit margin, $2 million in revenue has to be earned to pay for every $100,000 spent on workers’ comp! How in this new economy can we continually fund this type of expense? Workers’ comp can no longer be considered “just the cost of doing business.” Our new economy is changing the workers’ comp model to include much more aggressive and proactive methods to prevent claims before they occur. The cheapest claim you will ever have is the one that never happens. Hear how both private and public sector organizations are focused on protecting employees’ health and have taken workers’ comp from an expense to new source of revenue. If you are experiencing losses from back injuries and other sprain/strains, you need to attend this session. Be prepared to get some personal tips for you aches and pains as well.

Dennis Downing, President
FUTURE INDUSTRIAL TECHNOLOGIES

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3:30 pm
PANEL DISCUSSION: SELF-INSURANCE UPDATE
Addressing Key Workers’ Comp Issues Impacting Self-Insured Employers in California (H7741027)
This informative panel discussion will provide an update on key workers’ compensation issues impacting self-insurance in California. Topics to be discussed include:
  • Creative solutions to doing more with less: The impact of tight budgets and skeleton staffs on self-insured organizations in California
  • Taking strategic, proactive measures to ramp up for the economic recovery: Proceeding with caution
  • New financial issues for self-insured companies in light of current economic conditions: How to measure the value of your self-insured programs
  • Solutions to new challenges for self-insured employers in workers’ comp claims administration and medical management

Moderator:

Jeffrey W. Pettegrew, Executive Director
CALIFORNIA SELF-INSURERS’ SECURITY FUND

Panelists:

Steve Tolan, Claims Manager
NORDSTROM

Becky Castro-Akin, Workers’ Compensation Claims Manager
E&J GALLO WINERY

Alex Rossi, Workers’ Compensation Contract Administrator, Risk Management Branch of the Chief Executive Office
COUNTY OF LOS ANGELES

Philip Millhollon
Executive Director, CALIFORNIA SELF-INSURERS ASSOCIATION
Former Director of Claims, CHEVRON

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9:00 am
ROI ON WORKERS’ COMP PROGRAMS
How to Measure the Performance of Your Workers' Comp Program: The Vital Importance of Using Metrics and Benchmarks to Track Losses and Implement Changes That Achieve Results (H7741029)
As workers’ comp costs continue to rise and private companies and public sector organizations in California struggle to recover from the economic downturn, it has never been more important to be well prepared to prove your accountability to upper management. Find out how you can accurately track losses and measure the performance of your workers’ comp program. Topics to be addressed include:
  • Managing and documenting the effectiveness of your workers’ compensation program
  • How to carefully monitor results and communicate program performance to the management team
  • Drafting reports to present your case and illustrate the return on investment

Michael W. Simmons, Director, Risk Management
EL POLLO LOCO, INC.

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9:00 am
CAL-OSHA UPDATE
How Inconsistency in Reporting First-Aid Claims Is Driving Up Costs and What Can Be Done to Address This and Other Challenges (H7741030)
Len Welsh, Chief of the California Division of Occupational Safety and Health (DOSH), will provide you with an update on recent developments in workplace safety. He will address why the inconsistency in reporting first-aid claims is driving up costs, as well as the potential solutions to this problem and other key safety-related challenges facing California employers.

Len Welsh, Chief
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH

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10:15 am
DEFENSE OF WORKERS’ COMP CLAIMS
Reaping the Benefits of Monitoring Outside Counsel in the Defense of Litigated Workers' Compensation Matters (H7741032)

Learn How Wal-Mart is Successfully Controlling Claims Costs by Partnering with Their Defense Counsel and TPA

In order to adequately protect their interests, employers need to be actively involved in the defense of workers’ comp claims. This presentation will provide you with strategies for overseeing the handling of the defense of claims to ensure that you are not paying more than you should.  Topics to be addressed include:

  • Ensuring that your defense counsel and insurance company have the vital information they need to defend your interests
  • Understanding the importance of the employer’s input in critical litigation decisions to yield the best possible results
  • Avoiding ethical problems that can arise in the defense of workers’ comp claims

Steven C. Testan, Esq., Founder and Senior Managing Partner
ADELSON, TESTAN, BRUNDO & JIMENEZ

David Stills, Vice President, Risk Management
WAL-MART STORES, INC.

Chantel Kvigne, Vice President/Special Operations West
AVIZENT

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10:15 am
CASE STUDY: SAFETY AUDITS
Discover How Dollar General’s Implementation of Facility Safety Audits Resulted in a Significant Reduction in Workplace Injuries and Workers’ Comp Costs (H7741033)

Dollar General, a company with 9,000 retail locations nationwide, took a strategic approach to the implementation of internal facility-compliance inspections and audit tools that led to a significant reduction in workers’ compensation claims and costs. This session will focus on how Dollar General achieved success and will provide you with practical knowledge and tools for implementation. Topics to be addressed include:
  • Designing audit procedures that will ensure compliance with OSHA inspection and recordkeeping requirements
  • Proven strategies for getting management on board and accountable for the results of your safety-audit program
  • The importance of building in flexibility in the development and implementation of tactics to reduce risk

Richard Sumner, Director Insurance & Safety
DOLLAR GENERAL

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11:15 am
WORKPLACE WELLNESS
Workplace Wellness as a Business Strategy to Reduce Health Care Costs and Increase Employee Morale and Productivity
With the passage of the new health care reform legislation this year, it is more important than ever to make wellness an integral part of your business strategy. This session will address ways to increase employee vitality, retention of employees, hiring incentives, and take proactive steps to cap your health care costs. Topics to be addressed include:
  • The new health care reform legislation and how wellness will be integrated
  • Latest statistics and market research on corporate cost and the benefits of a wellness program
  • Affordable solutions for your company

Adam Cox, CSCS, Director of Wellness
HEFFERNAN GROUP

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