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2008 Speakers Joseph W. Bergeron, MD, Principal Richard D. Caldwell, Director of Risk Management Ryan O. Cotham, Case Coordinator Sonia C. Das, Esq., Attorney John E. Duncan, Industrial Hygienist Darren Dye, Paralegal/Policy Analyst Tami A. Earnhart, Esq., Partner Michelle L. Ellison, INSafe Marketing Manager Donald R. Finch, CFE, FCLE, Founder & Senior Investigator Sandy C. Fralich, Sr. Account Executive, JWF Specialty Bethany Garrity, Director for Corporate Fitness Management Jennifer Irwin, Corporate Health & Safety Manager Randal M. Klezmer, Esq., Principal Timothy O. Malloy, Esq., Partner Libby V. Moss, Esq., Partner Jeffrey Reinke, Manager, Environmental Health & Safety Joseph Riina, MD, Orthopedic Surgeon Michael A. Schoening, Esq., Partner Kathleen K. Shortridge, Esq., Of Counsel Ann H. Stewart, Esq., Of Counsel Joseph W. Bergeron, MD Joseph W. Bergeron is a board certified specialist in Physical Medicine and Rehabilitation, plus has sub-specialty certification in Pain Medicine. He completed his specialty training at Indiana University School of Medicine, and has practiced in Indiana since then. Dr. Bergeron specializes in evaluation and non-surgical treatment of musculoskeletal and spine injuries or disorders, including lumbar spinal injections, joint and soft tissue injections, and electrodiagnostic testing (EMG). Dr. Bergeron’s practice is primarily dedicated to the treatment of injured workers, leading him to a special interest in impairment ratings. Dr. Bergeron has lectured on numerous occasions regarding the use of the AMA Guides. He is a member of the Indianapolis Medical Society, the American Academy of Physical Medicine and Rehabilitation, the Christian Medical and Dental Association, and he is a Certified Independent Medical Examiner. Dr. Bergeron resides in the Indianapolis area with his wife and two sons. Richard D. Caldwell Rick Caldwell has been the Director of Risk Management for ten years with the City of Columbus. Rick works with all the many various department heads to insure a safe work environment for all city employees. Rick oversees Risk Management programs through a coordinated team effort in safety training, safety inspections, and communication. Rick is responsible for designing, implementing, and administering the Group Health, Life, and Disability Programs. Rick also protects the financial integrity of the City of Columbus by identifying risk and effectively handling it through avoidance, loss prevention, and loss control. His duties include risk assumption, transfer and the purchase of insurance for property, liability, and workers’ compensation. Rick serves as the chairperson for the employees City Safety Committee; is a member of the Insurance Review Committee; member Medical Subcommittee; member Property and Casualty Subcommittee, member D.A.R.E./G.R.E.A.T. Committee, and is also an A.E.D/CPR/First-Aid Instructor for American Health and Safety Institute and the American Red Cross, and also an instructor for the National Safety Council in Defensive Driving. Rick is a founding father of the local Greater Columbus Safety Council implemented for the business community to have other resources available in creating a safe work force. Displaying a highly motivated inner drive, he devotes his attention to the responsibility of training and teaching associates all functions of safety. Rick continually strives to strengthen and refine professional effectiveness with all daily activities. Rick has earned his Bachelor of Science in Organizational Management from Oakland City University. He has an attended numerous seminars on safety/environmental topics along with continuing education credits within supervisory/management training areas. He is an affiliate member of the Society for Human Resource Management, Public Entity Risk Institute, Technical Assistance Pulp & Paper Industry, American Chemical Society, American Society of Safety Engineers, and Military Intelligence Corps Association. Rick has an impressive 30+ year tenure with the United States Army and has published newspaper articles for the service on transportation. He currently serves in the Indiana Army National Guard as a Sergeant Major within Material Management Command section (MMC), of 38th DISCOM, now reorganized as the 38th Sustainment Brigade in Indianapolis. Rick helps his peers and subordinates to establish specific and measurable goals with logistical support operations for all to succeed. Rick is a combat veteran of “Operation Iraqi Freedom,” Desert Storm, and Viet Nam Era veteran. Rick has earned decorations, medals, badges, citations, and campaign ribbons awarded or authorized during his many years of service. He has the Meritorious Service Medal, Army Commendation Medal (2nd award), Army Achievement Medal (3rd award), Army Reserve Components Achievement Medal (7th award), National Defense Service Medal (3rd award), South West Asia Service Medal, Global War On Terrorism Service Medal, Humanitarian Service Medal, Iraq Campaign Medal, Non-Commissioned Officer Professional Development Ribbon (5th award), Army Service Ribbon, Armed Forces Reserve Medal (2nd award), Overseas Service Ribbon (2nd award), Army Reserve Component Overseas training Ribbon, Armed Forces Reserve Medal w/M Device, Military Outstanding Volunteer Service Medal, Kuwait Liberation Medal (Saudi Arabia), KU-LIB MDL (Kuwait), Driver & Mechanic Badge with Driver – Wheeled Vehicle(s) clasp. Rick is a Certified Utility Safety Administrator (CUSA) with National Safety Council, certified as Class III designation with the Department of Homeland Security, is the AMVETS Post 509 Commander here in Columbus along with being a life member, has life memberships with American Legion, the Veterans of Foreign Wars (VFW), a annual member of the 40 & 8, and is a volunteer driver for the DAV van for the county. Rick helped establish and is presently a Trustee for the Greater Columbus Safety Council (GCSC). Rick is a life member of the National Guard Association of Indiana (NGAI); the Enlisted National Guard Association of the United States (ENGUS). Ryan O. Cotham Ryan Cotham obtained his Bachelor's Degree from Purdue University. He serves as Case Coordinator for the Indiana Workers Compensation Board, where in his capacity, he attempts to reduce the pre-hearing workload of the judges, thus freeing up their time to hear more cases. In addition, Ryan Cotham provides direction to the pro se or unrepresented plaintiffs to limit the number of times their files are handled by the Single Hearing Member, while still moving cases toward resolution or hearing. He is also one of the certified mediators of the Board. He conducts public information presentations regarding the workers' compensation system in Indiana. Ryan has been with the Board for 5 years. Sonia C. Das, Esq. Sonia devotes approximately fifty percent of her time at Lewis Wagner representing employers throughout the state before the Workers' Compensation Board of Indiana. The remainder of her practice involves general liability insurance defense in the areas of mold and other toxic tort litigation, negligence, and construction law. Her strong research and writing skills contribute to the thorough representation of each client. Sonia is admitted to the Indiana State Bar, and both the Southern District and Northern District of Indiana for the U.S. District Court. She received her JD from the Indiana University School of Law. Sonia's diverse interests outside the practice of law include playing tennis, music, and cooking. John E. Duncan John is currently an Industrial Hygienist Consultant for the INSafe division of the Indiana Department of Labor. John began this phase of his career in January 1991. John conducts health consultations to determine compliance with OSHA standards; presents informational talks about OSHA standards; and trains working Hoosiers in 10, 20, and 30 hour OSHA outreach programs. John currently serves as the manager of the state’s INSHARP program. John began his career as a compliance officer for Indiana OSHA in November 1985. In this capacity, he was responsible for the enforcement of OSHA health standards. John is a certified 501 trainer and has successfully completed courses in confined spaces, bloodborne pathogens, personal protective equipment, Process Safety Management, respiratory protection, safety and health management systems and occupational noise. John has a Bachelor of Arts degree in Biology from Canisius College in Buffalo, New York. Darren Dye Darren Dye is a native of Connersville, Indiana. He attended Indiana University at Bloomington, where he graduated with a B.S. in Public Affairs Management from the School of Public and Environmental Affairs. He has been employed by the State of Indiana for eighteen years, serving as an Ombudsman with the Workers' Compensation Board since the inception of that Division in July 1, 1991. His current position is as paralegal/policy analyst and his duties include reviewing stipulated settlements, administering the Second Injury Fund for Prosthetics, serving as Governor's agency and legislature liaison, addressing legislative inquires, administering Full Board Hearings, educating the public and supplying Board Members with legal research including case and Court of Appeals summaries. He was successfully completed the ICLEF Mediation training allowing him to serve as a mediator. Darren's past experience includes retail management and political campaign management. Tami A. Earnhart, Esq. Tami Earnhart represents employers in all aspects of employment and labor law, including discrimination and other litigation before state and federal courts, claims filed with administrative agencies, and labor arbitrations. She also advises companies in making personnel decisions and creating policies that are in compliance with state and federal laws, including FMLA and Affirmative Action policies. In addition, she has prepared articles and is a frequent speaker on employment issues, such as sexual harassment, FMLA, Affirmative Action, and the Fair Labor Standards Act. Ms. Earnhart is originally from Elkhart, Indiana and received her B.S. in Legal Administration from the University of Evansville, graduating magna cum laude. Ms. Earnhart earned her J.D. magna cum laude from Indiana University School of Law, Bloomington and was elected to the Order of the Coif. While attending law school, she served as Senior Managing Editor for the Indiana Law Journal and published a Note in the Journal entitled Medicated Mental Impairments Under the ADA: Diagnosing the Problem, Prescribing the Solution. Ms. Earnhart was also the Publicity Coordinator for the Sherman Minton Moot Court Board. Ms. Earnhart joined Ice Miller in June of 1999. She is admitted to practice in all Indiana State Courts and the U.S. District Courts in the Northern and Southern Districts of Indiana. Michelle L. Ellison Michelle L. Ellison is the Marketing Manager for INSafe in the Indiana Department of Labor. Michelle oversees the marketing and promotion of INSafe, formerly known as BuSET. The federally funded program provides small Indiana businesses with consultation services that include on-site hazard evaluation, education and training and publications related to industrial hygiene, industrial safety and construction safety. Prior to serving in her current capacity with INSafe, Michelle worked for one-year as Human Resource Manager with for the Indiana Department of Labor. Prior to arriving at the Indiana Department of Labor, Michelle was Assistant Branch Manager for Irwin Union Bank and Trust of Columbus, Indiana for five years. She was point person on staff for the mentoring, training, coaching and development of employees, and client banking relations. Michelle is a Columbus Indiana native who graduated from Indiana University in 2005 with a double Bachelor of Science Degree in Business in Management and Marketing. Donald R. Finch, CFE, FCLE Donald Finch has 26 years of law enforcement, insurance and professional investigative experience. Currently the founder and Senior Investigator for Finch & Finch Inc., Mr. Finch has previously worked for a large law enforcement agency and managed the Special Investigation Units (SIU) with two large national property casualty companies. He regularly provides fraud training to law enforcement, self insured's and insurance claims personnel. Donald Finch has a BS degree from Ball State University in Sociology. He has completed numerous special training programs in fraud, investigations and insurance. He is recognized as a Certified Fraud Examiner by the Association of Certified Fraud Examiners. Mr. Finch is a licensed investigator in Indiana, Illinois and Florida. Sandy C. Fralich Sandy C. Fralich is a Senior Account Executive at JWF Specialty for Old National Insurance Group where she does professional claims analysis and consulting for all lines for large public entities and many educational institutions. Ms. Fralich has 13 years’ previous experience in government administration for the Indiana Workers’ Compensation Board and she consulted with the Indiana General Assembly on numerous legislative proposals and made recommendations for amendments and on the passage of several workers’ compensation bills. Ms. Fralich acts as a professional speaker/trainer with extensive experience in workers’ compensation educational presentations for employer groups, including large employers, human resource professionals, risk managers, attorneys, insurance professionals, and other various industry groups. She is currently consulting with Indiana’s largest employers and municipalities to create efficient and economically sound liability, workers’ compensation and disability programs, providing the essential tools for risk management and loss control. She is also the president of Kid’s Chance of Indiana and a board member of the Indiana Self Insured Association. Bethany Garrity Bethany Garrity works for the National Institute for Fitness and Sport (NIFS) as Director of Corporate Fitness Management. Since earning her Masters Degree in Exercise Science from the University of Tennessee in 1998, she has worked for Western Kentucky University, Fruit of the Loom, and NIFS. Her career with NIFS began in April 2000 as a Fitness Center Manager. After four years managing onsite corporate fitness centers, she was promoted to Assistant Director and ultimately to department Director. She leads a department of 65 full time staff who work with a diverse group of clients at more than 40 client worksites. Bethany’s passion for connecting wellness offerings that speak to articulated needs is well matched with her work as director where she has the pleasure of collaborating with a variety of clients in both a corporate setting as well as in older adult residential communities. Jennifer Irwin Jennifer Irwin has been with Redcats USA for 15 years and is responsible for their two facilities in Indiana that include fulfillment centers, two Texas call centers along with the New York corporate office. She has received multiple associate of the year awards along with other awards for outstanding performance and dedication. Jennifer moved into the Health and Safety field from her Human Resources career, and sees it as an enhancement of HR. She believes that providing enthusiasm in all aspects of health and safety leads to a work environment that is optimistic for an injury free workplace. Redcats USA, a division of Redcats Group, is a multi-channel home shopping leader (catalog, internet and stores) offering a wide range of value- and quality-driven merchandise categories, including missy apparel, men’s and women’s plus-size apparel, home and lifestyle products, and outdoor gear. Redcats USA has approximately 10,000 associates spread across 37 states; the company ships 42 million packages annually from its fulfillment centers. Randal M. Klezmer, Esq. Randy Klezmer is the principal of Klezmer & Associates. Randy has been practicing law since 1992 and has represented thousands of injured Indiana workers before the Indiana Workers' Compensation Board. He also handles third-party claims against those responsible for work related accidents, including the manufacturers of defective products and individuals and companies responsible for work related accidents. A native of Indianapolis, Randy graduated from Indiana University School of Law - Indianapolis in 1992, and was admitted to the Indiana Bar that same year. Employee groups frequently ask Randy to speak at seminars discussing the Indiana Workers' Compensation system. Randy is a member of the Indiana Trial Lawyers Association, the American Bar Association, the Indiana State Bar Association and the Evansville Bar Association. Timothy O. Malloy, Esq. Timothy O. Malloy, is a partner with the law firm of Schreiner Malloy & Etzler, P.C., in Highland, Indiana. Mr. Malloy was born in Joliet, Illinois, and earned his law degree from Northern Illinois University School of Law in 1980. He concentrates his practice in Indiana Workers Compensation and Personal Injury. Mr. Malloy serves as a member of numerous associations including the Indiana State Bar, American Bar, Lake County Bar, and the Indiana Defense Lawyers. Mr. Malloy was appointed to the Judges and Lawyers Assistance Program by the Indiana Supreme Court in 2003. He is also very active in the Lake County, Indiana and State Bar Association where he has serves as a member of several committees. Libby V. Moss, Esq. Libby Valos Moss is a Partner with Kightlinger & Gray, LLP. Her practice includes all areas of trial litigation, with an emphasis on defense of worker's compensation matters. She is a graduate of Ball State University and the Indiana University School of Law, Indianapolis. She has authored several articles for legal publications, including a 2004 article, “The Umbrella is Bigger Than You Thought” (for Indiana Lawyer), and "Workers' Compensation: 2006 Year in Review” (for Indiana Civil Litigation Review). Ms. Moss is the current Chair of the Workers’ Compensation section of the Defense Trial Counsel of Indiana and a past Liaison of the Workers’ Compensation Substantive Committee of the Defense Research Institute. She routinely represents employers at both Single Member Hearings and Full Board Reviews before the Indiana Workers’ Compensation Board. Joseph Riina, MD Dr. Riina is a Board Certified Orthopaedic Spine Surgeon whose practice focuses on Pediatric and Adult Spinal Disorders, including fractures, spinal cord injuries, disc herniations and replacement, as well as minimally invasive spine surgery techniques. Dr. Riina graduated from Tufts University in Medford, Massachusetts and Temple University School of Medicine in Philadelphia, Pennsylvania. He completed an internship in general surgery at SUNY-Health Science Center at Brooklyn in Brooklyn, New York in 1998 and his residency in orthopaedic surgery there in 1998. Dr. Riina served as Chief Resident of Department of Orthopaedic Surgery at SUNY-Health Science Center at Brooklyn from 1998-1999. He also completed a fellowship in spinal surgery at Orthopaedics Indianapolis, P.C. in 2000. Dr. Riina has authored articles published in the Journal of Trauma, the Journal of Orthopaedic Trauma, Clinical Orthopaedics and Related Research and Operative Techniques in Orthopedics. He also co-authored a textbook chapter entitled "Open Door Laminoplasty" in the upcoming textbook "Surgical Techniques of Spine Surgery." He is a member of the Orthopaedic Research Foundation, the North American Spine Society, the American Board of Spine Surgery, the Scoliosis Research Society, and the Indiana Orthopaedic Society. Michael A. Schoening, Esq. Michael Schoening is a partner at the law firm of Nation, Schoening & Moll, P.C. where he practices in the areas of workers’ compensation insurance defense, civil litigation, and administrative law. He is a member of the Indiana State Bar Association, the Indiana Workers’ Compensation Institute, and the Defense Trial Counsel of Indiana where he is a member of the Workers’ Compensation Section. He is admitted to practice in the Indiana and U.S. District Court, Northern and Southern District of Indiana; Illinois; the U.S. Court of Appeals, 7th Circuit; and the U.S. Supreme Court. He received his B.A. from Illinois Wesleyan University and his J.D. from John Marshall Law School, Chicago. Kathleen K. Shortridge, Esq. Kathleen Shortridge's primary practice concentrations are workers' compensation defense and workers' compensation advisory services. Ms. Shortridge is a frequent speaker at seminars covering all aspects of workers' compensation defense, insurance, and case management. She is a member of the Indianapolis and Indiana State Bar Associations, and the Indiana Defense Lawyers Association. Born and raised in Southern California, she attended Stanford University, where she received her Bachelor of Arts in 1966. She received her Master of Arts in journalism and political science from the University of Michigan in 1968. She holds a Juris Doctor from the University of Louisville where she graduated cum laude in 1984. While in law school, she won the appellate argument competition and was a member of the Brandeis Honor Society. Ms. Shortridge clerked for the Honorable John Godich, Magistrate of the Federal Courts for the Southern District of Indiana, before joining Ice Miller in 1986. Ann H. Stewart, Esq. Ann Stewart's primary area of practice is representing employers in workers' compensation cases and employment-related matters, including ADA, FMLA, sexual harassment and discrimination. Prior to joining Ice Miller, Ms. Stewart was responsible for employment related matters as corporate counsel in manufacturing and public utility environments. She has extensive experience representing clients in administrative proceedings before local, state and federal agencies such as the Indiana Workers' Compensation Board, the Equal Employment Opportunity Commission, the Indiana Civil Rights Commission, the Ohio Civil Rights Commission, and the Occupational Safety and Health Administration. Ms. Stewart also assists clients in developing personnel policies, severance agreements and supervisory training programs to comply with state and federal laws. She has organized and led workplace diversity audits as well as workplace safety audits and investigations. Ann Stewart is admitted to practice law in Indiana and Ohio and is a member of the Indiana State Bar Association. She is active in community organizations and is a past president and board member of Big Brothers/Big Sisters of Bartholomew county, Inc. Ms. Stewart also volunteered with Legal Aid of Bartholomew County. Ms. Stewart grew up in Athens, Ohio and graduated, with honors, from Ohio University in 1985. In 1988, Ms. Stewart earned her J.D., with honors, from Capital University Law School. While in law school, Ms. Stewart served as President of the Women's Law Association. Ms. Stewart joined Ice Miller's Labor and Employment section in May 2006.
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