Check back soon for the 2011 Agenda

2010 Agenda

Wednesday, September 29, 2010
7:30 am	8:30 am	Continental Breakfast and Workshop Registration
8:30 am	11:30 am	Choose 1 of 2 Workshops
		Workshop #1 Employment Law and Worker’s Compensation in a Challenging Economic Climate: Minimizing Your Liability Risks for Wrongful Termination, Discrimination, Retaliation, and Violations of Leave and Disability Laws (H8848003)
		Workshop #2 The Nuts and Bolts of Indiana Worker’s Compensation: A Comprehensive A-to-Z Guide to Worker’s Compensation Law and Claims Management in Indiana (H8848004)
11:00 am	12:30 pm	Light Lunch and Conference Registration
12:30 pm	12:40 pm	Opening Remarks from the Chairs
12:40 pm	1:30 pm	OPENING KEYNOTE SESSION
1:30 pm	2:45 pm	WINNING COST-CONTAINMENT STRATEGIES Just Do It! Fixing Your Safety Program to Significantly Reduce Your Worker’s Compensation Costs
2:45 pm	3:05 pm	Break
3:05 pm	4:00 pm	PREEXISTING INJURIES AND REPEAT CLAIMANTS Strategies for Defending and Winning Cases That Turn on Complex Causation Issues
4:00 pm	5:00 pm	PAIN MANAGEMENT Successful Management of Chronic Pain in Injured Workers: Solutions to the Increasing Use of Addictive Drugs and the Impact on Worker’s Compensation Costs and Injured-Employee Outcomes
5:00 pm	6:00 pm	Cocktail Reception
6:00 pm		Day One Concludes
Thursday, September 30, 2010
7:30 am	8:20 am	Continental Breakfast
8:20 am	9:20 am	KEYNOTE SESSION Recent Developments from the Worker’s Compensation Board of Indiana: Update on the Latest Board Decisions, New Regulations, and Proposed Legislation
9:20 am	10:10 am	CASE STUDY: RETURN TO WORK AND LIGHT DUTY Implementing an Out-of-the-Box Return-to-Work and Light-Duty Program to Overcome New Challenges
10:10 am	10:35 am	Break
10:35 am	11:30 pm	CASE LAW UPDATE New Developments in Worker’s Compensation Case Law: What You Need to Know to Be Proactive
11:30 am	12:20 pm	MEDICAL UPDATE ON BAD-BACK CLAIMS How to Keep Bad-Back Claims from Spiraling Out of Control: The Latest on Prevention and Treatment of Workplace Back Injuries
12:20 pm	1:40 pm	Networking Lunch
1:40 pm	2:30 pm	COMBATTING WORKER’S COMPENSATION FRAUD Innovative Investigation Tactics to Prevent Worker’s Compensation Scams
2:30 pm	3:20 pm	POINT-COUNTERPOINT: BAD FAITH AND LACK OF DILIGENCE Debating the Hot Issues in Indiana Worker’s Compensation Law: Defense and Plaintiffs’ Attorneys Go Head-to-Head on Bad Faith, Lack of Diligence, and Acceptance and Denial of Claims
3:20 pm	3:35 pm	Break
3:35 pm	4:30 pm	PANEL DISCUSSION: AVOIDING CLAIMS-MANAGEMENT BLUNDERS The Most Expensive Worker’s Compensation Claims-Management Blunders and How to Prevent Them
4:30 pm		Conference Concludes
8:30 am Workshop #1 Employment Law and Worker’s Compensation in a Challenging Economic Climate: Minimizing Your Liability Risks for Wrongful Termination, Discrimination, Retaliation, and Violations of Leave and Disability Laws (H8848003) The financial crisis brought with it a significant increase in both employment law and worker’s compensation liability risks. In addition to sweeping new Americans with Disabilities Act and Family and Medical Leave Act changes, Indiana employers need to find their way through a complex maze of state and federal leave and disability laws that overlap with worker’s compensation, while avoiding liability for 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 Indiana and federal employment law cases and how they impact employers Safely navigating the legal snares when disciplining worker’s compensation 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 FMLA, ADA, and worker’s compensation laws Case studies: Get practical solutions to real-life employment law and worker’s compensation quandaries Ann Stewart, Of Counsel ICE MILLER LLP Cara Ottenweller, Attorney ICE MILLER LLP Back
8:30 am Workshop #2 The Nuts and Bolts of Indiana Worker’s Compensation: A Comprehensive A-to-Z Guide to Worker’s Compensation Law and Claims Management in Indiana (H8848004) The Indiana worker’s compensation system is laden with complexities and legal land mines, and failure to comply with rules and regulations may result in costly fines and expensive liability. A relatively simple worker’s compensation claim can grow exponentially if it is not managed properly. Adherence to best practices in claims management and legal compliance can prevent expensive litigation and help contain worker’s compensation costs. This workshop will provide you with a comprehensive guide to Indiana worker’s compensation law and critical claims-management 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 worker’s compensation benefits: Assessing your exposure on worker’s compensation claims Safeguarding your organization from fraud: Identifying the red flags and knowing what action to take Avoiding fines and penalties for failure to comply with statutes and regulations Understanding the adjudication process: What you need to know about the Worker’s Compensation Board of Indiana Case studies: Analyze real-life scenarios throughout the workshop and walk away with strategies to apply to your own worker’s compensation cases Kathleen K. Shortridge, Of Counsel ICE MILLER LLP Laurie Burger, Worker’s Compensation Claim Consultant, Worker’s Compensation Department CLARIAN HEALTH INSURANCE OPERATIONS Back
12:30 pm Opening Remarks from the Chairs Kathleen K. Shortridge, Of Counsel ICE MILLER LLP Ann H. Stewart, Of Counsel ICE MILLER LLP Back
12:40 pm OPENING KEYNOTE SESSION Judge Daniel Foote, Single Hearing Member in northern Indiana, will share his experience as a judge.  Judge Daniel Foote WORKER’S COMPENSATION BOARD OF INDIANA Back
1:30 pm WINNING COST-CONTAINMENT STRATEGIES Just Do It! Fixing Your Safety Program to Significantly Reduce Your Worker’s Compensation Costs Discover how to implement a winning safety and loss-prevention strategy that successfully integrates your claims-management and return-to-work programs and will significantly reduce your worker’s compensation costs. You will leave this session understanding how this integrated approach will ultimately impact your total cost of risk. Topics to be addressed include: Implementing a strong safety and loss-prevention program that will significantly reduce the frequency and severity of claims Innovative strategies for managing the claims process and return-to-work programs Measuring the success of your program: The importance of the experience modification factor Shawna L. Neilson, AIC, AIM, AIS, Manager-Risk Management Services GIBSON INSURANCE GROUP Arthur G. Jacobs, Principal GIBSON INSURANCE GROUP Linda Stowell, Vice President AERO METALS, INC. Back
3:05 pm PREEXISTING INJURIES AND REPEAT CLAIMANTS Strategies for Defending and Winning Cases That Turn on Complex Causation Issues Discover how to keep your employee’s personal condition from becoming your problem! Is your employee’s injury a first-time injury or an exacerbation of a preexisting condition? Properly identifying causation and establishing responsibility of preexisting conditions is a thorny business filled with potential liability risks. The recent “pizza man case” is causing anxiety for Indiana employers concerned about what it will mean for future causation cases. This session will clarify the legal issues related to preexisting conditions and how to build a winning defense. Update on the “pizza man case” and what it means for employers Lawfully detecting previous injuries and compensation claims using employment testing and investigations How the Indiana courts assess the standard of causation in worker’s compensation cases Critical strategies for a successful defense to cases that turn on causation issues Kathleen K. Shortridge, Of Counsel ICE MILLER LLP Back
4:00 pm PAIN MANAGEMENT Successful Management of Chronic Pain in Injured Workers: Solutions to the Increasing Use of Addictive Drugs and the Impact on Worker’s Compensation Costs and Injured-Employee Outcomes Prescription drugs have been a significant factor in the rising cost of worker’s compensation claims as well as poor return-to-work outcomes for injured employees. Overprescription and overuse of drugs is on the rise and many of the drugs being used put employees at risk for potential dependency. Our medical expert will clarify the facts about commonly prescribed drugs and their dangerous side effects and what can be done to decrease the use of prescription drugs and improve outcomes for injured workers. You will learn about recent developments in the successful management of chronic pain that will help get employees back to work sooner. Joseph W. Bergeron, M.D., Pain Management Expert OFFICES OF DR. JOSEPH BERGERON Back
8:20 am KEYNOTE SESSION Recent Developments from the Worker’s Compensation Board of Indiana: Update on the Latest Board Decisions, New Regulations, and Proposed Legislation The policy analyst from the Worker’s Compensation Board of Indiana will address changes in their policies and procedures, the success of their new compliance efforts, and the effect of the new forms introduced last year. Your questions on what you need in order to comply and to work effectively with the Board will be answered. Darren Dye, Policy Analyst/Paralegal WORKER’S COMPENSATION BOARD OF INDIANA Back
9:20 am CASE STUDY: RETURN TO WORK AND LIGHT DUTY Implementing an Out-of-the-Box Return-to-Work and Light-Duty Program to Overcome New Challenges Tightened budgets and downsized staffs resulting from the economic downturn have presented new and more complex return-to-work challenges for employers. This session will provide you with out-of-the-box solutions to address the return-to-work dilemmas brought on by the recession. Hear how a leading Indiana company is implementing a successful return-to-work program, decreasing lost days, and significantly reducing worker’s compensation 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. Discover innovative strategies to bring employees back on the job and learn how to safely navigate the light-duty labyrinth Find out how Warren Education and Community Center is continuing to achieve success in their return-to-work program in spite of tight budget constraints Measuring the ROI of your return-to-work program and balancing business interests Ensuring that your return-to-work and light-duty programs are in compliance with FMLA and ADA requirements Sandra C. Fralich, Senior Account Executive JWF SPECIALTY COMPANY, INC. J. Lynn Storm, CWCC, Risk Manager MSD WARREN Back
10:35 am CASE LAW UPDATE New Developments in Worker’s Compensation Case Law: What You Need to Know to Be Proactive Learn what you can do to prepare your organization for new litigation risks! A worker’s compensation defense attorney will provide you with an update on recent noteworthy cases and how they impact employers and other stakeholders in the Indiana worker’s compensation system. Find out what you can do to protect your organization from costly liability. Sonia C. Das, Partner LEWIS WAGNER, LLP Back
11:30 am MEDICAL UPDATE ON BAD-BACK CLAIMS How to Keep Bad-Back Claims from Spiraling Out of Control: The Latest on Prevention and Treatment of Workplace Back Injuries Back injuries are one of the most prevalent and persistent types of workplace injuries and are often complicated by preexisting conditions. They have a major impact on the bottom line of Indiana businesses in the form of lost productivity, time off, and rising workers’ compensation costs. Our leading orthopedic expert will provide you with the latest developments on the prevention, diagnosis, and treatment of workplace back injuries. Find out how what you can do to gain some control of these claims and reduce the risks of lost time, reinjury, and long-term costs. Thomas J. Mango, M.D., Orthopedic Spine Specialist SOUTH BEND ORTHOPAEDICS Back
1:40 pm COMBATTING WORKER’S COMPENSATION FRAUD Innovative Investigation Tactics to Prevent Worker’s Compensation Scams Last year, $30 billion was paid by insurers for fraudulent worker’s compensation benefits. Statistics show that 5 percent to 15 percent of all claims are fraudulent, and this does not include claims that are exaggerated. This session will focus on innovative investigation tactics that can thwart the efforts of those who are defrauding the system and collecting unwarranted workers’ compensation benefits. Learn what worker’s compensation scams are most prevalent in Indiana How to recognize the red flags Update on the latest surveillance tactics Getting vital information from witness interviews and background checks Kevin Cliburn, Investigator PHENIX INVESTIGATIONS INC. Back
2:30 pm POINT-COUNTERPOINT: BAD FAITH AND LACK OF DILIGENCE Debating the Hot Issues in Indiana Worker’s Compensation Law: Defense and Plaintiffs’ Attorneys Go Head-to-Head on Bad Faith, Lack of Diligence, and Acceptance and Denial of Claims Enjoy this lively debate between a worker’s compensation defense attorney and claimants’ attorney, and hear how each side will argue the issues using real-life scenarios. Topics to be addressed include: How claims-handling mistakes can significantly impact your worker’s compensation costs Knowing when to question acceptance of claims and vital information you should be communicating to your TPA or adjustor to help prevent mistakes Legal defenses and procedures for denying claims Avoiding the pitfalls of costly bad-faith litigation Diana L. Wann, Attorney MCCRAY LAVALLO FRANK & KLINGLER Matthew M. Golitko, Attorney GOLITKO LEGAL GROUP, P.C. Back
3:35 pm PANEL DISCUSSION: AVOIDING CLAIMS-MANAGEMENT BLUNDERS The Most Expensive Worker’s Compensation Claims-Management Blunders and How to Prevent Them Our panel of leading worker’s compensation experts will provide you with strategies for preventing the biggest claims-management missteps that result in higher worker’s compensation 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 Failing to prevent communication breakdowns and antagonizing claimants Failing to closely monitor and evaluate the performance of your adjuster or TPA to ensure you are getting the best results Moderator: Ann H. Stewart, Of Counsel ICE MILLER LLP Panelists: Jeffrey Reinke, Manager, Environmental Health & Safety DIAMOND CHAIN COMPANY Luke A. Huls, EHS Group Leader AISIN USA MFG. INC. Karen Salwowski, Senior Work Comp Specialist JWF SPECIALTY COMPANY, INC. Back