Session Descriptions and Speaker Bios
Keynote Address (back)
Opioids for Chronic, Non-Cancer Pain: Science, Policy and Best Practice in a Rapidly Changing Landscape
Presented by Gary Franklin, MD, MPH
Policy, regulatory and lobbying efforts in the late 1990's, stemming from reasonable experience on use of opioids for cancer pain, emphasized more permissive use of opioids for chronic, non-cancer pain, but with no guidance on dosing. This absence of a "governor" on dosing was linked to an unproven clinical axiom that there is no ceiling on opioid dose, and that the best way to approach tolerance is to elevate opioid dose. Within just a few years of implementation, these permissive policies led to dramatic increases in dosing with the most potent opioids, and to the worst drug-related national epidemic of morbidity and mortality seen in decades. There has now been a tipping point, with scientific recognition of a strong dose relationship with severe overdose events. Now, states like Washington, the Centers for Disease Control and Prevention, and the Office of National Drug Control Policy are taking action to stem the tide. Early evidence from Washington State suggests that more clear cut dosing guidance and encouragement to use best practices and universal precautions in use of opioids can stem the tide of what has become a public health emergency.
Dr. Gary Franklin led the Washington State effort to develop the first opioid dosing guideline in the United States. He is also the first to report a decline in high dose opioid use and deaths in the Washington workers' compensation system.
10:45 a.m. - 11:45 a.m. Sessions (back)
Somatization, Symptom Magnification, Iatrogenic Disorders, and Disability Prediction
Presented by Dennis Chong, MD
In this session Dr. Chong will describe and demonstrate how research has shown that motivation and behavior are the most significant factors influencing perception of pain and return of function after the normal expected healing time after injury.
Dr. Dennis Chong is certified by the American Academy of Physical Medicine and Rehabilitation and practices in Seattle, Washington. He completed his undergraduate studies in biochemistry at the University of British Columbia and his medical education at the University of Calgary. He completed his physical medicine and rehabilitation residency at the McMaster University in Ontario.
Dr. Chong has published several articles and abstracts and lectured on a wide variety of topics including chronic pain, strokes, degenerative diseases of the nervous system, nerve conduction velocities, injury prevention and living with painful joints. Dr. Chong is an experienced IME provider in Alaska, Washington, and Idaho, utilizing both the 5th and 6th editions of the AMA Guides to the Evaluation of Permanent Impairment for impairment rating.
Reasonable Accommodation Issues Under the ADA
Presented by David K. Fram, Esq.
David K. Fram, Esq., is Director, ADA & EEO Services for the National Employment Law Institute. In this position, Mr. Fram conducts seminars, briefings, workshops, and in-house training on the ADA and other EEO laws. He also provides guidance, as well as expert witness services, during administrative proceedings and litigation.
From 1991-1996, Mr. Fram was Policy Attorney in the Office of Legal Counsel of the Equal
Employment Opportunity Commission in Washington, D.C. This office formulates regulations and policy on federal EEO laws. Before this, Mr. Fram was with the firm of Hogan & Hartson in Washington, D.C., where he represented employers in a broad range of employment issues. Since joining NELI in 1996, Mr. Fram has spoken extensively around the country concerning ADA and EEO issues, including testifying to Congress about the ADA and proposed changes to the law. He has trained thousands of HR professionals, attorneys, and others representing manufacturers, federal, state and local governments, colleges and universities, hospitals and health service providers, benefit providers, non-profits, and law firms and bar associations, among others. He also has trained hundreds of EEOC investigators and EEOC attorneys who analyze and resolve ADA claims. In addition, Mr. Fram has consulted with EEOC investigators and EEOC attorneys during the investigation and resolution of all forms of discrimination complaints.
Mr. Fram has written on a variety of employment issues. Recent ADA books and articles include:
- Resolving ADA Workplace Questions: How Courts and Agencies are Dealing with Employment Issues (NELI; 33rd Edition 09/2012)
- The Human Resource Guide to Answering ADA Workplace Questions: Checklists and Practical Hints for Human Resources Personnel (NELI; 8th Edition 04/2011)
- Articles: ADA Update: The Emerging Definition of ‘Disability,’” Corporate Counsel’s Guide to the ADA (BLI: 11/05); “Lessons in Effectively Communicating to Avoid ADA Lawsuits,” ADA Compliance Guide (Thompson: 5/04); “Recognizing Covered Long-Term Impairments,” ADA Compliance Guide (Thompson: 1/04); “Understanding the ADA’s Reassignment Obligation,” Employment Law Strategist (7/03); ADA Update: The Emerging Definition of ‘Disability,’” Corporate Counsel’s Guide to the ADA (BLI: 2/03); “Employers’ Qualification Standards Must Comport with ADA,” ADA Compliance Guide (Thompson: 3/02); “Plausible Explanations for Inconsistent Statements,” ADA Compliance Guide (Thompson: 8/01); “Aftermath of Sutton Analyzed,” ADA Compliance Guide (Thompson: 1/01); “Accommodating Disabled Employees Through Reassignment,” ADA Compliance Guide (Thompson: 9/99); “Responding Effectively to Workers’ Accommodation Requests,” ADA Compliance Guide (Thompson: 12/98); "Five Keys to the Disabilities Act," The New York Times (8/16/98); "Determining Disabilities: When is a Condition 'Substantially Limiting'?," LRP Publication's Federal EEO Advisor (7/98); "Determining Disability: With or Without Medication," Employment Law Strategist (3/98); "What Employers Should Know About the ADA," The Wall Street Journal (9/16/96); "Key Evidence on Whether Someone is 'Qualified' Under the ADA," BNA's Employment Discrimination Report (7/17/96); "The ADA and Reasonable Accommodation: Some Common Employer Errors," BNA's Employment Discrimination Report (6/7/95); “The ADA and Employees Who Break Conduct Rules,” BNA's Employment Discrimination Report (9/21/94); “The FMLA and the ADA,” (co authored with P. Mastroianni), ABA’s The Labor Lawyer (1993); “Examining the Relationship Between Employers and Health Professionals Under the ADA,” CCH’s Labor Law Journal (5/93).
- Featured ADA Expert in: “Panorama,” Voice of America’s Russian Broadcast (12/15/00); “Enabling the Disabled,” PBS Lehrer NewsHour (12/30/99); “California Disability Law – A Look at Trends to Come?” Disability Leave & Absence Reporter (Bureau of Business Practice (BBP): 7/01); “Pregnancy as an ADA Disability,” Disability Leave & Absence Reporter (BBP: 12/99); “Alcoholism and the ADA,” Disability Leave & Absence Reporter (BBP: 4/99)
Mr. Fram received his B.A. degree (summa cum laude) from the University of Maryland. He received his J.D. degree, cum laude from The Cornell Law School, where he was an editor of The Cornell Law Review.
Streamlining the Lump Sum Settlement Documentation
Presented by Scott McDougall
This session will familiarize constituents and attorneys with the new Lump Sum Settlement exhibits and new Fee Memo form and teach how to properly fill out the forms.
Scott McDougall is the lead surety claims auditor and the Manager of Claims and Benefits Administration Department for the Idaho Industrial Commission. Scott graduated from the University of Utah with a degree in Political Science and from Boise State University with a degree in Finance. He is certified as a Quality Assurance Auditor by the American Society for Quality.
1:00 p.m. - 2:00 p.m. Session (back)
The New Americans with Disabilities Act Workers' Compensation Connection
Presented by Richard Pimentel
The Equal Employment Opportunity Commission (EEOC) has the responsibility for enforcing the provisions of the new Americans With Disabilities Act. The new law has broadened the definition of disability to include many of the work related conditions that were generally excluded under the old law. New requirements for reasonable accommodation and non discrimination potentially make current employer disability management and return to work policies incompatible with Americans With Disabilities Act compliance. Current claims management and claims settlement practices can create significant Americans With Disabilities Act liabilities for employers. Dr. Richard Pimentel will review how the changes in the new law impact on employer’s disability management return to work programs and claims strategies. He will review the most up to date compliance advice as well as show employers how they can both maintain and improve the effectiveness of their return to work programs.
Richard Pimentel is the author of the Windmills training program for employers on hiring persons with disabilities and author of the Perspectives program writte4n for NIH and the CDC on HIV in the workplace training for employers. He is also the writer of the YLF youth program now in 25 states and author of the Marriot Bridges Program School to work transition program which has placed 15000 disabled youth into jobs in the last ten years. Richard is on the faculty of the College of Occupational Medicine teaching Americans With Disabilities Act to physicians. He is also the Chairman of VACOR civilian advisor to the White House on Veteran Rehabilitation. The author of twenty-three books on employment of persons with disabilities, Americans With Disabilities Act and worker’s compensation disability management. He represents the Department of State to the EU on disability rights. Richard created the current transitional employment disability management model used for workers' compensation return to work in the United States, Australia, and British Columbia Canada. He is an acknowledged expert on the new Americans with Disabilities Act as Amended.
2:15 p.m - 3:15 p.m. Sessions (back)
Manual Therapy and Acupuncture for the Workers' Compensation Patient
Presented by Jill Thompson, PT and Betsy Wiss, LAC, MS
Jill and Betsy provide a description of physical therapy and acupuncture treatments and philosophies that enable patients to return to work faster. In this session participants will learn to identify workers' compensation claimants that would be good subjects for physical therapy or acupuncture.
Jill Thompson has been practicing physical therapy for almost 30 years. She has served as an instructor for the Institute of Physical Art, which stresses functional manual therapy and holistic healing. She is certified as an intern mentor with Idaho State University for new Physical Therapy graduates and Broadmore College in Boise for Physical Therapy Assistant graduates. Her use of functional manual therapy is unique in the Treasure Valley.
Betsy Wiss is an acupuncturist and massage therapist at Physical Therapy 180. Betsy earned a Bachelor degree in Biology from the University of Missouri, a Master of Science degree in Acupuncture/Oriental Medicine degree from Pacific College of Oriental Medicine, San Diego, and a Post Graduate degree in Orthopedic Acupuncture from UC San Diego.
Employing and Reemploying Returning Veterans: What Every Employer Needs to Know
Presented by Richard Pimentel
Combat veterans will be coming home and looking to return to their old jobs as well as looking for new jobs in number that employers have not seen since the Vietnam era. These veterans are retuning in record numbers with post traumatic stress disorders, traumatic brain injuries and multiple amputations.
Employers today are participating in the “Hire a Veteran” initiatives being promoted extensively in Idaho. Chances are your company is committed to hire veterans. The question is not are you committed, but are you prepared and ready to do everything to ensure that your company and the returning veteran succeed? Dr. Richard Pimentel is a disabled Vietnam veteran who came back with a traumatic brain injury and a profound hearing loss to become a national leader in teaching employers how to work effectively with returning veterans. In this hands-on workshop Dr. Pimentel will teach you how to prepare your Human Resource professionals, managers and supervisors to work with recently returned veterans, he will explain what employers need to know about reasonable accommodation that can help a veteran with post traumatic stress disorder to be successful and productive on the job. He will review what employers can do to assist veterans with traumatic brain injuries and amputations to return to productive and safe employment.
The Government knows how to bring them back. Attend this breakout and learn how we can bring them home.
See Above for Bio
The Medicare Secondary Payer Act: A New Paradigm for Litigators
Presented by J. Kevin West, JD
J. Kevin West will discuss the Medicare Secondary Payer Act and how it affects personal injury and workers' compensation litigation. Attendees will learn the risks of failing to comply with the Medicare Secondary Payer Act and techniques for successful compliance.
J. Kevin West's practice emphasizes healthcare and employment law. Mr. West also does trial work, particularly in the areas of employment law, commercial litigation, professional malpractice, personal injury and insurance litigation. Mr. West also advises and represents companies regarding business and employment matters.
Mr. West graduated with honors from Brigham Young University in 1981 with a B.A. in English. He graduated from the BYU Law School with honors in 1984. During law school, Mr. West served as Editor in Chief of the BYU Journal of Legal Studies. In addition, he was the author of "Utah Products Liability Law" in the BYU Journal of Legal Studies.
Following law school, Mr. West had the privilege of serving as a law clerk for Chief Judge Marion J. Callister, U.S. District Judge for the District of Idaho. After completing this two-year clerkship with the federal trial bench, Mr. West began practicing law in 1986.
Mr. West is a frequent lecturer on healthcare issues, insurance law, malpractice prevention, and employment matters. He has been a presenter in numerous seminars directed toward both non-lawyer and lawyer groups on both a local and national level. Mr. West is the author of four nationally marketed publications in the healthcare field: Medicare Compliance: A Training Program for Podiatrists and Their Staff (2002), published by Data Trace Publishing; The APMA HIPAA Privacy Manual (2002) and The APMA HIPAA Security Manual (2003), both published by the American Podiatric Medical Association; and HIPAA Training, Forms and Policies (2003, co-author), published by Data Trace Publishing.
Ethical Issues Relating to Settlement: Williams v. Blue Cross
Presented by Brad Andrews
In this session Brad Andrews will discuss the ethics of settlement in light of Williams v. Blue Cross.
Brad Andrews is the Idaho State Bar Counsel. He received a degree in Political Science from Miami University (Ohio) and his law degree from George Washington University.
3:30 p.m. - 4:30 p.m. Session (back)
Case Law Review
Presented by Susan Veltman
Susan Veltman summarizes and analyzes key cases handled by the Industrial Commission since the March 2012 Idaho State Bar seminar in Sun Valley.
Susan is an AV rated attorney with 18 years of experience defending workers’ compensation claims. She received a bachelor’s degree in Kinesiology from the University of Texas in Austin in 1989 and went on to earn her J.D. from South Texas College of Law in 1993. She started her career with an insurance defense firm in Houston. In 1995, Susan moved to Austin to join the firm of Flahive, Ogden & Latson where she worked exclusively in workers’ compensation defense throughout Texas for the next 12 years. She was among the first group of attorneys to become board certified in workers’ compensation by the Texas Board of Legal Specialization. When Susan moved to Idaho in 2007, she worked as a Referee and Mediator for the Idaho Industrial Commission. In 2009, she returned to private practice with the workers’ compensation defense firm of Gardner & Breen. By 2011, the firm became known as Gardner, Breen & Veltman. Susan most recently joined forces with Lora Breen and Emma Wilson to form Breen Veltman Wilson PLLC, in Boise, Idaho, where she will continue her representation of employers and insurance companies in workers’ compensation matters.
Experience Rating Split Point & Mod Cap
Presented By Katy Porter
In this session Katy Porter, Associate Actuary at NCCI, will cover the Experience Modification Rating Factors.
Katy Porter one of the State Actuaries at NCCI, responsible for analyzing and filing workers compensation loss cost changes in Colorado and Hawaii. She was the state actuary for Idaho several years ago, and is happy to be traveling back to Boise for the IIC. She is an active member of the Research team, managing two of the studies published this year on ncci.com. Katy presented a review of the Claim Duration Research at the Casualty Actuarial Society’s semi-annual Convention. She is also active in Legislative analysis, contributing to more than 100 reviews of proposals and bills generated at the state and federal level.
She is an Associate member of the Casualty Actuarial Society. Along with deep experience as an actuary, Katy has also served as a claims supervisor, an underwriting supervisor, and a budget manager.
Katy is a graduate of the University of Massachusetts, where she was awarded a BS, Magna Cum Laude in Mathematics. She also hails as a graduate of the University of Illinois, where she was awarded her MS in Mathematics.