Annual Seminar Agenda - 0ctober 25th, 2018
Registration Opens at 8:00am
Workers’ Compensation in 2030: Scenarios - Richard Victor
What if . . . the future very is different from the past? We will examine the question “If workers’ compensation systems were to face the prospect of extinction by 2030, what developments would have been the principal causes?” State workers’ compensation systems have been a central and meaningful part of our social safety net for over one hundred years. But there are no guarantees that workers’ compensation systems will continue for the next hundred years. Over the next several decades, these systems face new challenges that will require major adaptations from an aging workforce, labor shortages, SSDI solvency problems, healthcare reform, globalization pressures on employers, political polarization, state, federal and local government fiscal crises, and the rise of Millennial votes as a political force.
He is a Senior Fellow at the Sedgwick Institute where he is completing work on a book that examines the challenges facing workers’ compensation systems over the next several decades. The Sedgwick Institute serves as an incubator for some of the best and brightest minds to advance the conversations that affect all the players in the industry, including injured and ill members of the workforce, insurance carriers, employers, property owners, third party claims administrators, brokers, lawmakers and medical providers. The institute’s thought leaders work individually and collaboratively to examine complex challenges facing the various stakeholders in our space and propose innovative options and solutions to improve public and private decision making on these issues.
In 1983, Dr. Victor founded the Workers Compensation Research Institute (WCRI) in Cambridge, MA and directed its growth until 2016. WCRI studies are regularly used in legislative and regulatory proceedings and the lessons of those studies influence real-world decisions. In addition to his leadership and management responsibilities.
He earned his Ph.D in economics and J.D. degrees at the University of Michigan where he was the George Humphrey Fellow in Law and Economic Policy. After graduate school, he spent 7 years at The Rand Corporation, where he conducted studies of the impact of regulation and liability rules.
10:45am - 11:45am Breakout Sessions
Standing Firm! Navigating the Employer Legal Minefield and Workplace Drug Testing Obligations in 2018 - Thomas M. Eden III, Esq.
The available pool of working age Americans is shrinking, organizations are experiencing increased employee absenteeism, lost productivity, company theft, rising health care costs, and significant spikes in workplace injuries and fatalities. Yet these are all related to the same too familiar common denominator: American business has a drug problem! Eight million Americans use some type of illegal drugs, and 73% or an estimated 20 million of them are employed. Other workers have been over prescribed and abused legally prescribed impairing effect opioids, in many cases for work-related injuries. It is a downward spiral and it has recently gained national attention on a very public stage. Do we know how to recognize these emerging drug related issues in our places of work? Are we aware of the legal challenges and have a plan for a viable path forward? Will the realized benefits outweigh the costs? An employer’s response should be unwavering, calculated, firm and legally compliant.
Tommy Eden's law practice is principally in the areas of Management Labor and Employment Law; Drug Testing Law (DOT Regulated and Non‐Regulated) throughout the United States; defense of employers in federal court in all aspects of employment litigation including claims under Title VII, ADA, FMLA, FLSA, ADEA, and retaliatory discharge actions; defense of employers in charges brought with the EEOC, Wage and Hour Division, National Labor Relations Board, and the Department of Labor; and litigation over employee benefits under ERISA. He also counsels employers on Immigration compliance under the Alabama Immigration Act and conducting I‐9 audits under the Federal Immigration Act.
Innovations in Rehabilitation: Maximizing Recovery after Neurologic Injury - Candy Tefertiller
Advances in rehab technology continue to inform clinical practice and generate ongoing research questions and trials. Much of the research to date has focused on direct comparisons between technologies and treatments in efforts of determining superiority. In the search for the ‘technological champion’ many studies have concluded that no one piece of technology or intervention is superior, but instead have demonstrated that therapy provided at a higher dosage/intensity to usual care may be superior in terms of outcomes. Superiority research designs have resulted in many debates between clinicians and/or researchers as to whether technology is a friend or a foe in neurologic rehabilitation. However, that may not be the most worthwhile question to ask at this time. The focus of this debate should center what type of return on investment the utilization of these technologies may or may not provide for individuals who have sustained neurologic injuries and specifically examine their long term implications. When determining whether or not advancements in technology provide a worthwhile ROI, it is important to consider the various perspectives of researchers, consumers, clinicians and payers. Considering these four important perspectives should lead to well-informed decisions that support maximal recovery while also factoring in the financial implications associated expensive technology and injuries that demonstrate a longer window of recovery than historically reported. This educational session will review recent evidence focused on the use of advanced technologies in neurorehabilitation and examine the ROI from the perspectives of key stakeholders.
- Participants will describe the impact of advancements in technology from the perspectives of researchers, patients, payers and clinicians.
- Participants will describe the key financial implications of utilizing advancements in technology in neurorehabilitation.
- Participants will review case studies demonstrating the positive impact of utilizing appropriate advancements in neurorehabilitation on long term health, wellness and independence after neurologic injury.
- Participants will review current literature focused on the use of technological advancements in rehabilitation.
- Participants will discuss the future of technological advancements that may play a critical role in the evolution of neurorehabilitation over the next 5-10 years.
Candy Tefertiller, PT, DPT, ATP, NCS is the Director of Physical Therapy at Craig Hospital. Candy received a B.S in Biology from Mount Olive College in 1997 and a Master’s in Physical Therapy from East Carolina University in 2000. She then completed a Doctorate of Physical Therapy degree from Rocky Mountain Health Care University in 2008. Candy has been working in the field of neurological rehabilitation since 2000 and received an assistive technology practitioner (ATP) certification in 2005 and became a certified neurological clinical specialist (NCS) in 2007. She has been involved in numerous research projects and has focused much of her career on interventions and program development promoting recovery after neurologic injury or disease. Candy is a member of the American Physical Therapy Association and the Neurologic Section.
Ethics Presentation - Subrogees - Brad Andrews and Commissioner Thomas Baskin
Session will run from 10:45-11:15. Participation will earn ethics credit, but will prevent a half hour of general CLE credits. Attendees of this session must sign-in and will receive 0.5 ethics CLE credit and 4.5 General CLE credits for the day.
Bar counsel Brad Andrews and Commissioner Thomas Baskin will lead a half hour discussion on some common ethical issues including, treatment of the interests of subrogees, atty fees against subrogees in ERISA cases and against WCMSA funds.
11:45am - 1:00pm Lunch
1:00pm - 2:00pm Breakout Sessions
Workplace Violence and Workers’ Comp: Preparing for the Unknown - Robert Wilson
Workplace violence is a growing problem in the nation, and employers face increasing risks from this random and largely unpredictable phenomenon. How will this affect those of us in workers’ compensation? What are the liabilities, and what is the potential cost? Even more importantly, how can we prepare for what is essentially the unknown? This session will take a high level view of trends in workplace violence, as well as what employers should do in advance of any event occurring, as well as what they should do when they are directly affected by an event.
Bob Wilson is a founding partner, President & CEO of WorkersCompensation.com. He is an experienced presenter for the workers’ compensation industry, and is the author of “From Bob’s Cluttered Desk”, a blog repeatedly named as a top workers’ compensation blog by LexisNexis. Additionally, he has been named one of the “50 Most Influential People in Workers’ Comp” by the SEAK National Workers’ Compensation and Occupational Medicine Conference. Known for an extraordinary sense of humor, his presentations reflect both entertaining and practical advice for both people managing claims as well as the people “picking up the tab”. Bob serves on the Advisory Board for Kids’ Chance of America, Inc., as well as the Board of Directors for Kids Chance of Florida, Inc. He resides with his wife in Sarasota, FL.
Occupational Pelvic injuries - Dr. John Schumpert
Lumbar radiculopathies, sacroiliac joint dysfunction, inguinal hernias, and disorders of the hip joint can masquerade as one another. In this presentation, a number of occupational injury cases resulting in a wide variety of conditions of the pelvis, including dislocations, fractures, hernias, joint degeneration, acetabular labral tears, and pelvic tendinopathies will be discussed. Cases of non-occupational causes of pelvic pain will also be presented. The conference attendee will gain a general knowledge of the types of traumatic musculoskeletal injuries and occupational diseases that can occur in individuals employed in the rural and industrial sectors of Montana.
John C. Schumpert, MD, MPH, FACOEM, founded Resources for Environmental and Occupational Health, Inc. (REOH) in 2001 and is Board Certified in Occupational Medicine. He received his Bachelor of Science from the University of Montana, Doctor of Medicine from the University of California, San Diego School of Medicine, and Master of Public Health from the University of Minnesota Graduate School of Public Health, where he also completed his residency in Occupational Medicine. Immediately following residency, Dr. Schumpert held was a staff physician at the corporate headquarters of 3M Company, and was awarded the 3M Chairman’s Leadership Award for his contributions to the Industrial Hygiene Exposure Assessment undertaken at four the 3M specialty chemical plants involved in fluorochemical production. Returning west, Dr. Schumpert then provided direct occupational medicine patient care and medical surveillance services at the Idaho National Laboratory. Upon his return to Montana, he was recruited to serve as medical director for occupational health at Benefis Healthcare in Great Falls, where he provided direct patient care, hospital consultative services, program development expertise, and independent medical evaluations. He has served as a faculty affiliate of the University of Montana Center for Environmental Health Sciences since 2002, and as medical director for the Employment Relations Division of the State of Montana Department of Labor and Industry from 2010-2012 and from 2015 to the present.
Applying the Biopsychosocial Model in Workers Compensation - Adam Seidner
Behavioral risk factors can delay recovery and may include fear, passivity, catastrophic thinking, perceived injustice, and lack of coping skills. These health determinants are called biopsychosocial risk factors. The Hartford has examined the reasons why some individuals experience pain long after normal healing expectations and found a significant correlation between the chronicity of pain and disability and the effects of personal expectations and other behavioral factors. Factors such as one’s belief about the cause, consequences, and controllability of health problems are important determinants in the way people respond and recuperate from an illness or injury condition.
In this session, we will explore how to identify these biopsychosocial risk factors and how injured workers can learn skills that can assist them in their injury recovery.
Dr. Adam Seidner, MD, MPH, is the chief medical officer for The Hartford medical responsible for The Hartford’s strategy and policy across all lines of business with a particular focus on workers’ compensation and disability management.
Previously, he was global medical director for Travelers Insurance, where he was responsible for medical policy development, quality assurance and improvement and worksite health promotion.
Dr. Seidner earned a doctor of medicine degree from SUNY Health Science Center, a master’s degree in public health from the University of Connecticut, and an A.B. in Anthropology from Hamilton College. He is board certified by the American Board of Family Practice and the Board of Preventative Medicine: Occupational and Environmental Medicine.
2:15pm - 3:15pm Breakout Sessions
The Bermuda Triangle - Jamie Moon
The intersection of the Family Medical Leave Act (FMLA), the American with Disabilities Act (ADA), and state Workers’ Compensation Laws is often referred to as the “Bermuda Triangle” of employee leave laws, and for good reason. The legal requirements of these laws, and the interplay between them, can be confusing and intimidating to employers, human resource specialists, and insurance adjusters alike. This presentation will provide a basic overview of the legal framework and requirements of the ADA, FMLA, and Idaho’s Workers’ Compensation Act, as well as recommendations for navigating this legal Bermuda Triangle.
Jamie Moon focuses her practice in the area of workers’ compensation for employers, commercial litigation and employment law. Jamie defends numerous employers and sureties at all stages of workers’ compensation matters. She also represents employers in employment defense for federal and state administrative agencies, affirmative action compliance and the Family and Medical Leave Act.
Presentation PDF will be made available by 10/25/2018
Medicare Set-asides: An Update on Current Issues and Proposed Changes - Tim Tucker
This session will examine how the Centers for Medicare and Medicaid Services (CMS) Medicare Set-aside (MSAs) process is impacting workers compensation settlements. It will offer insights that can assist workers compensation carriers, employers, workers, and other system stakeholders as they identify cost drivers. Additionally, the session will include a discussion of current efforts to amend the Medicare Secondary Payer Act to bring greater certainty and efficiency to the MSA process.
Tim Tucker serves as Washington Affairs Executive for the National Council on Compensation Insurance (NCCI). In his role, he engages Members of Congress and their staffs, federal agencies and insurance industry stakeholders on workers compensation issues. The focus of NCCI’s efforts in Washington, DC is to serve as a resource to public policymakers on the impacts of legislative and regulatory initiatives on workers compensation.
The Injured Worker: Treatment Options for Assisting Recovery and Preventing the Development of Chronic Pain - Dr. Karl Zarse
Unfortunately a subset of injured workers do not fully recover from their injury and are left with chronic pain. This lecture will review how pain is normally processed and how it can become abnormal. We will then review the latest treatment options that can help prevent this chronic pain state from developing and speed the clients recovery.
Dr. Zarse is an interventional pain specialist and the founding member of Idaho Spine and Pain. He is certified by the American Board of Interventional Pain Physicians (ABIPP) , the American Board of Independent Medical Examiners (ABIME), and the American Society of Anesthesiogists (ASA). He specializes in non-surgical treatment therapies for neck and back injuries as well as nerve issues that arise after limb injuries. By using a combination of minimally invasive treatment options, physical therapy, and non-opiate medication management we can minimize downtime and help the patients return to work quickly.
3:30pm - 4:30pm Closing Session
Case Law Review
Case Law Review - James Arnold
While insurance companies are not in the business of paying, it is my business to do what is necessary to obtain the medical care and monetary compensation you deserve. Since obtaining my license in 1987, I have dedicated my career to helping injured people by protecting their legal rights.
To show my commitment to this mission, I became certified as a Worker’s Compensation Specialist by the Idaho Trial Lawyers Association and the Idaho State Bar Association. I have also been a member of Idaho Industrial Commission Advisory Committee where I represent the interests of injured workers, and appointed as a fellow of the National College of Workers’ Compensation Attorneys. As an active member of the Idaho Trial Lawyers Association, I help promote the preservation and pursuit of the rights of people injured by the actions of other people.
As a native to Idaho, I received my law degree from the University of Idaho and have spent my entire legal career practicing in Idaho. My wife and I have six children and many grandchildren, and enjoy all this great state has to offer.
Case Law Review - Dan Bowen
R. DANIEL BOWEN was born in Boise, Idaho, October 22, 1953. In 1972 Mr. Bowen graduated from Borah High School, Boise, Idaho. He attended Boise State University and graduated from the University of Idaho cum laude with a Bachelor of Arts degree in 1977. Mr. Bowen is a member of Phi Beta Kappa. Mr. Bowen obtained his Juris Doctorate degree from the University of Idaho in 1980, was admitted to the Bar for the state of Idaho and the United States District Court for the District of Idaho in 1980. Upon being admitted to practice, Mr. Bowen joined the law firm of Quane, Smith, Howard & Hull as an associate in the same year. Mr. Bowen became a partner in the law firm of Quane, Smith, Howard & Hull in 1984 and continued in that position until 1993, at which time he became a partner in the law firm of Bowen, Brassey, Gardner, Wetherell & Crawford. The firm is now Bowen & Bailey.