2010 Agenda

 

Tuesday, March 16, 2010 Optional Workshops
7:15 am	8:15 am	Workshop Registration
7:30 am	8:30 am	Continental Breakfast
9:45 am	10:15 am	Refreshment Break in Exhibit Hall
8:30 am	11:30 am	(Choose 1 of 2 Workshops)
		WORKSHOP #1—EMPLOYMENT LAW AND WORKERS' COMP IN A CHALLENGING ECONOMIC CLIMATE Minimizing Your Liability Risks for Wrongful Termination, Discrimination, Retaliation, and Violations of Leave and Disability Laws (H7739003)
		WORKSHOP #2—SURVIVING THE ILLINOIS WORKERS' COMP JUNGLE The Nuts and Bolts of Workers' Comp Law and Managing Claims in Illinois (H7739004)
11:00 am	12:30 pm	Main Conference Registration & Light Lunch in Exhibit Hall
Tuesday, March 16, 2010 Main Conference
12:30 pm	12:35 pm	Opening Remarks from the Chairs
12:40 pm	1:20 pm	OPENING KEYNOTE SESSION Update from the Illinois Workers' Comp Commission: Key Issues to Be Addressed in 2010 and New Goals for 2011
1:20 pm	2:30 pm	KEYNOTE PANEL Finding Solutions to Skyrocketing Medical Costs and Other New Concerns Confronting the Illinois Workers’ Compensation System
2:30 pm	3:00 pm	Break in Exhibit Hall
3:00 pm	3:50 pm	(Choose 1 of 2)
		CLOSING PROBLEMATIC, LINGERING WORKERS’ COMP CLAIMS Discover Why Getting Closure Has Never Been Harder and What You Can Do About It (H7739006)
		REPETITIVE-MOTION INJURIES The Legal and Medical Issues: Successfully Defending the Most Costly Workplace Injuries and Keeping These Claims from Spiraling Out of Control (H7739007)
3:50 pm	4:40 pm	(Choose 1 of 2)
		CRACKING DOWN ON FRAUDULENT CLAIMS Discover the Latest Weapons Being Used to Fight Fraud in Illinois and the Keys to a Successful Conviction (H7739009)
		MEDICARE SET ASIDES Medicare Secondary Payer Statute Compliance Update 2010: New Requirements and Strategies to Avoid Costly Penalties (H7739022)
4:40 pm	5:30 pm	(Choose 1 of 2)
		PANEL DISCUSSION: SELF-INSURANCE UPDATE Update on Self-Insurance in Illinois: The Latest Trends in Claims and Costs in the Current Economic Climate (H7739012)
		PANEL DISCUSSION Protecting Your Bottom Line by Partnering with Your Insurance Provider to Implement Strategic Workers’ Compensation Tactics (H7739013)
5:30 pm	7:30 pm	"Las Vegas" Casino Night Cocktail Reception in Exhibit Hall (Prize Draw Starts at 7:30 pm)
Wednesday, March 17, 2010 Day 2
7:30 am	8:15 am	Continental Breakfast in Exhibit Hall
8:15 am	8:20 am	Opening Remarks from the Chairs
8:20 am	9:15 am	PANEL DISCUSSION: CLAIMS MANAGEMENT The Top Ten Claims-Management Mistakes and How to Avoid Them
9:15 am	10:00 am	KEYNOTE SESSION: UTILIZATION REVIEW AND THE IWCC How UR Cases Are Being Handled in Front of the Commission
10:00 am	10:30 am	Refreshment Break with Exhibitors
10:30 am	11:30 am	GENERAL SESSION: ILLINOIS CASE LAW UPDATE Noteworthy 2009-2010 Illinois Workers' Comp Cases and New Trends in Litigation
11:30 am	12:30 pm	(Choose 1 of 2)
		MEDICAL RECORDS AND WORKERS’ COMP How Claimant Medical Records Can Be a Gold Mine in Defending Workers’ Comp Claims (H7739015)
		CASE STUDY: SAFETY STRATEGIES THAT WORK Quaker Foods & Snacks—Safety Excellence in the Making: Discover How Quaker Reduced Recordable-Incident Frequency by Over 70% and Reduced Lost-Time Frequency by More Than 80% (H7739016)
12:30 pm	2:00 pm	Networking Lunch in Exhibit Hall
2:00 pm	3:00 pm	(Choose 1 of 2)
		UPDATE ON WAGE-LOSS CLAIMS Solving the Wage-Loss Claim Conundrum: Strategies to Reduce or Eliminate These Costly Claims (H7739018)
		FMLA, ADA, AND WORKERS’ COMP Update on New ADAAA and FMLA Changes and Their Impact on Return to Work and Other Workers’ Comp Issues (H7739019)
3:00 pm	4:00 pm	(Choose 1 of 2)
		CASE STUDY: CLAIMS MANAGEMENT Proven Strategies for Reducing Your Workers’ Compensation Risks and Containing Costs (H7739010)
		PAIN MANAGEMENT Necessary and Effective Management of Chronic Pain in Injured Workers (H7739021)
4:00 pm		Conference Concludes

WORKSHOP #1—EMPLOYMENT LAW AND WORKERS' COMP IN A CHALLENGING ECONOMIC CLIMATE Minimizing Your Liability Risks for Wrongful Termination, Discrimination, Retaliation, and Violations of Leave and Disability Laws (H7739003) The turbulent economic climate of 2009-2010 brought with it an increase in both employment law and workers’ compensation liability risks. In addition to sweeping new ADA and FMLA changes, Illinois employers must navigate a labyrinth of leave, disability, discrimination, wrongful termination, and workers’ comp laws. This comprehensive and interactive 3-hour workshop will provide you with the critical strategies you need to safeguard your organization from costly litigation. Topics to be addressed include: 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 new ADA changes FMLA and workers' compensation: Protecting your organization from new liability risks and overlapping leave law headaches Untangling the web of FMLA, ADA, and workers’ comp Case studies: Get practical solutions to real-life employment law and workers’ comp quandaries Bridget A. Neuson, RN, BSN, JD, President NEUSON LAW, P.C. Barbara J. Spain, Esq., Counsel, Workers' Compensation Practice Group MCDONALD'S CORPORATION Sundrea Richardson, Paralegal, Workers' Compensation Practice Group MCDONALD'S CORPORATION Back

WORKSHOP #2—SURVIVING THE ILLINOIS WORKERS' COMP JUNGLE The Nuts and Bolts of Workers' Comp Law and Managing Claims in Illinois (H7739004) If you are in search of an A-to-Z guide to workers’ comp law and claims management in Illinois, then you will not want to miss this workshop. Discover how you can avoid the risks of incurring penalties associated with noncompliance as well as the potential liability hazards and astronomical costs that accompany litigation. In this comprehensive three-hour session, our panel of leading workers’ comp experts will provide you with the critical compliance and claims-management strategies you need to protect your organization. You will also get the inside scoop from a claimants’ attorney and find out how you can resolve claims faster and avoid costly litigation. Highlights of topics to be covered include: Mitigating your potential liability by taking proactive steps in the first 24 hours after an injury Implementing best practices for conducting an effective investigation immediately after the report of a workplace injury Clarifying workers’ comp coverage and compensability issues and examining the exceptions Safeguarding your organization from workers’ comp fraud: Identifying the red flags and knowing what action to take Strategies for handling preexisting injuries and repeat claimants while staying in compliance with the law Hear from a claimants' attorney: Find out what you can do to reduce disputes and decrease your litigation risks Lynn Combs, Esq., Partner NYHAN, BAMBRICK, KINZIE & LOWRY, P.C. Anita M. DeCarlo, Esq., Attorney CULLEN, HASKINS, NICHOLSON & MENCHETTI, P.C. Mary B. Wahlheim, Regional Workers’ Compensation Supervisor ERIE INSURANCE Barb Pelak, Disability Management Specialist MEIJER Back

12:30 pm Opening Remarks from the Chairs Christopher Gibbons, Esq. Shareholder, NYHAN, BAMBRICK, KINZIE & LOWRY, P.C. Executive Secretary, ILLINOIS SELF-INSURERS ASSOCIATION Bridget Neuson, RN, BSN, JD, President NEUSON LAW, P.C. Back

12:40 pm OPENING KEYNOTE SESSION Update from the Illinois Workers' Comp Commission: Key Issues to Be Addressed in 2010 and New Goals for 2011 Amy Masters, Acting Chairman of the Illinois Workers’ Comp Commission, will bring you up to date on the new goals and objectives of the IWCC for 2010 as well as key issues to be addressed in 2011. Amy J. Masters, Acting Chairman ILLINOIS WORKERS’ COMPENSATION COMMISSION Back

1:20 pm KEYNOTE PANEL Finding Solutions to Skyrocketing Medical Costs and Other New Concerns Confronting the Illinois Workers’ Compensation System Leading Illinois attorney, John F. Power, will moderate an esteemed panel of industry experts and stakeholders in the Illinois workers’ compensation system. Our panel will address the continuing challenges facing those on the front lines and propose potential solutions. Hear a lively discussion and debate focusing on: How to prevent workers’ comp costs from driving businesses out of Illinois Addressing skyrocketing medical costs Results of implementing the final changes to the Medical Fee Schedule What can be done to improve quality of benefits for injured workers Permanent disability dilemmas Frustrations with failure to get convictions for fraud The quandary surrounding undocumented workers and workers’ comp The impact of health care reforms on workers’ comp in Illinois: Will costs shift onto workers’ compensation? Moderator: John F. Power, Esq., Partner POWER & CRONIN, LTD. Panelists: John Smolk Manager of Workers’ Compensation Programs, UNITED AIRLINES, INC. Member Medical Fee Advisory Board, ILLINOIS WORKERS’ COMPENSATION COMMISSION Daniel J. Ugaste, Esq., Shareholder NYHAN, BAMBRICK, KINZIE & LOWRY, P.C. David B. Menchetti, Esq. Partner, CULLEN, HASKINS, NICHOLSON & MENCHETTI, P.C. (Technical Advisor to AFL-CIO Regarding HB 2137) Member, GOVERNOR’S WORKERS’ COMP ADVISORY BOARD Jesse P. Butler, M.D. Orthopedic Spine Surgeon, ILLINOIS BONE & JOINT INSTITUTE, LLC Member Medical Fee Advisory Board, ILLINOIS WORKERS’ COMPENSATION COMMISSION Back

3:00 pm CLOSING PROBLEMATIC, LINGERING WORKERS’ COMP CLAIMS Discover Why Getting Closure Has Never Been Harder and What You Can Do About It (H7739006) The turbulent economic climate brought more challenges with closing problematic workers’ comp claims, resulting in increasing costs and greater exposure for employers. This session will provide you with proven strategies to close difficult claims and reduce costs and liability risks. Topics to be discussed include: Understanding how the economic climate has impacted claims Update on the status of the Interstate Scaffolding case What is your recourse when you are not getting closure on claims? Identifying the legal hurdles employers must confront to close files Implementing successful strategies to close difficult claims James R. Clune, Esq., Shareholder GAROFALO, SCHREIBER, HART & STORM CHARTERED Jay Scheid, Director, Risk Management WM. WRIGLEY JR. COMPANY, A Division of Mar Inc. Back

3:00 pm REPETITIVE-MOTION INJURIES The Legal and Medical Issues: Successfully Defending the Most Costly Workplace Injuries and Keeping These Claims from Spiraling Out of Control (H7739007) Why repetitive-motion injury claims are so expensive and why they are becoming more difficult to fight and win Update on the diagnosis and treatment of repetitive-stress injuries Assessing risk factors and determining causation: Is the injury work-related? Was it a preexisting injury? Critical strategies for conducting an investigation Implementing a successful approach to defending these claims What recent Illinois decisions mean for employers Thomas Cronin, Esq., Attorney HENNESSEY & ROACH, P.C. Michael S. Bednar, M.D., Orthopedic Surgeon LOYOLA UNIVERSITY MEDICAL CENTER Back

3:50 pm CRACKING DOWN ON FRAUDULENT CLAIMS Discover the Latest Weapons Being Used to Fight Fraud in Illinois and the Keys to a Successful Conviction (H7739009) This session will provide you with an update on the status of workers’ compensation fraud prosecutions in Illinois and the Fraud Unit’s current enforcement efforts. Discover how the Lake County State’s Attorneys Office has been successful in prosecuting fraud. Find out what it takes to get a conviction for workers’ comp fraud and how employers can work with prosecutors in fraud cases. Francis “Buzz” Walsh, Unit Supervisor, Department of Financial and Professional Regulation ILLINOIS DIVISION OF INSURANCE Mary Stanton, Esq., Chief, Cyber Crimes Division; Assistant State's Attorney LAKE COUNTY STATE’S ATTORNEYS OFFICE Back

3:50 pm MEDICARE SET ASIDES Medicare Secondary Payer Statute Compliance Update 2010: New Requirements and Strategies to Avoid Costly Penalties (H7739022) There are significant new legal responsibilities for insurers and employers when identifying and settling claims. Failure to comply with new reporting requirements under the Medicare Secondary Payer statute can result in significant penalties. This session will provide you with clarification on new responsibilities under the statute and what you need to do to ensure compliance and maximize savings. Tom Blackwell, Director of Strategic Services GOULD & LAMB, LLC Back

4:40 pm PANEL DISCUSSION: SELF-INSURANCE UPDATE Update on Self-Insurance in Illinois: The Latest Trends in Claims and Costs in the Current Economic Climate (H7739012) Turbulent economic conditions created a ripple effect in workers’ compensation. Although many employers saw a decrease in claims due to layoffs, reductions in force, and reduced hours, they also saw an increase in costs. Chris Gibbons, Executive Secretary of the Illinois Self-Insurers Association, will moderate an enlightening panel discussion focused on potential solutions to the key claims-management and cost-containment issues impacting self-insured employers. Key reasons why economic conditions resulted in increasing costs for self-insured employers and what can be done to address these problems Dealing with unexpected workers’ comp challenges facing self-insured businesses How the economic recovery is likely to impact employers: What you can do to prepare for a ramp-up Moderator: Christopher J. Gibbons, Esq. Shareholder, NYHAN, BAMBRICK, KINZIE & LOWRY, P.C. Executive Secretary, ILLINOIS SELF-INSURERS ASSOCIATION Panelists: Janet D. Brown, ASM, Senior Director, Marriott Claims Services - Chicago MARRIOTT INTERNATIONAL, INC. Dave Taylor, AIC, ARM, CWCP, RWCS, Manager, Workers' Compensation & Integrated Disability NAVISTAR, INC. Rey Andre, Workers’ Comp Claims Manager - Office of Risk Management NORTHWESTERN UNIVERSITY Back

4:40 pm PANEL DISCUSSION Protecting Your Bottom Line by Partnering with Your Insurance Provider to Implement Strategic Workers’ Compensation Tactics (H7739013) Our panel of industry experts will address how employers can help reduce their workers’ compensation costs through the implementation of strategic workers’ compensation tactics. Tactics include establishing and enforcing various safety rules and procedures, preventing fraudulent claims, and partnering with your workers’ compensation insurance provider. Partnering with your insurance provider to ensure the cost-effective management and timely closure of claims Making your workplace safer, minimizing risk, and reducing exposure to accidents Preventing workers’ compensation claims fraud Establishing a plan in case of incident, ensuring quality care and return-to-work programs Moderator: Bridget A. Neuson, RN, BSN, JD, President NEUSON LAW, P.C. Panelists: Christina Ozuna, Vice President of Claims EMPLOYERS Ranney P. Pageler, Vice President, Fraud Investigations Department EMPLOYERS Back

8:15 am Opening Remarks from the Chairs Christopher J. Gibbons, Esq. Shareholder, NYHAN, BAMBRICK, KINZIE & LOWRY, P.C. Executive Secretary, ILLINOIS SELF-INSURERS ASSOCIATION Bridget A. Neuson, RN, BSN, JD, President NEUSON LAW, P.C. Back

8:20 am PANEL DISCUSSION: CLAIMS MANAGEMENT The Top Ten Claims-Management Mistakes and How to Avoid Them Our panel of leading workers’ comp claims experts will provide you with strategies for preventing the biggest claims-management debacles that result in higher workers’ comp costs, expensive litigation, and costly fines. Topics to be addressed include: Fighting a claim that you shouldn’t challenge Failure to recognize a high-dollar claim early in the life of the claim so that you can be proactive Preventing a communication breakdown: The high cost of antagonizing the claimant Closely monitoring and evaluating performance of your adjuster or TPA to ensure you are getting the best results Avoiding big light-duty and return-to-work mistakes that result in an increase in lost time Failure to conduct thorough accident investigation of the root cause so that you can prevent future incidents Mark M. Flannery Workers’ Compensation Manager, CATERPILLAR INC. Member, GOVERNOR’S WORKERS’ COMP ADVISORY BOARD Jean Chocola, Claims Manager FOLLETT CORPORATION Back

9:15 am KEYNOTE SESSION: UTILIZATION REVIEW AND THE IWCC How UR Cases Are Being Handled in Front of the Commission Nancy Lindsay, Commissioner of the Illinois Workers’ Comp Commission, will provide you with insight into the IWCC’s perspective on Utilization Review. Find out what workers’ comp professionals can do to achieve success with UR. Nancy Lindsay, Commissioner ILLINOIS WORKERS’ COMPENSATION COMMISSION Back

10:30 am GENERAL SESSION: ILLINOIS CASE LAW UPDATE Noteworthy 2009-2010 Illinois Workers' Comp Cases and New Trends in Litigation This session will provide you with a complete update on noteworthy new cases and how they impact employers and other stakeholders in the Illinois workers’ compensation system. Hear about the very latest court and Commission decisions, and find out what you can do to be proactive in light of the new litigation trends on the horizon. William A. Lowry, Esq., Shareholder NYHAN, BAMBRICK, KINZIE & LOWRY, P.C. Christopher J. Gibbons, Esq. Shareholder, NYHAN, BAMBRICK, KINZIE & LOWRY, P.C. Executive Secretary, ILLINOIS SELF-INSURERS ASSOCIATION Back

11:30 am MEDICAL RECORDS AND WORKERS’ COMP How Claimant Medical Records Can Be a Gold Mine in Defending Workers’ Comp Claims (H7739015) Medical records of workers’ comp claimants may contain all the information you need to defeat a claim, but do you know how to find these records and how to read them if you get them? Our panelists will provide you with valuable tips to help you find and interpret the vital information in medical records that will bolster your case. Discover how to identify tests that may defeat causation and how to spot systemic issues that are not related to work injuries. Learn how claimant medical records can be a significant asset in defending workers’ comp claims if you know where to look Find out what medical records must be obtained on every claim, and hear tips on how to find them Translating medical abbreviations: Know the important ones you can’t ignore Identifying tests and medications that can help defeat claims on causation Bridget A. Neuson, RN, BSN, JD, President NEUSON LAW, P.C. Leon M. Huddleston, M.D., President/Physiatrist HUDDLESTON MEDICAL SERVICES, S.C. Back

11:30 am CASE STUDY: SAFETY STRATEGIES THAT WORK Quaker Foods & Snacks—Safety Excellence in the Making: Discover How Quaker Reduced Recordable-Incident Frequency by Over 70% and Reduced Lost-Time Frequency by More Than 80% (H7739016) Since 2000, Quaker Foods & Snacks (Quaker) has experienced a 70+% reduction in recordable-incident frequency and an 80+% reduction in lost-time incidents. Find out how Quaker is achieving success with a program that takes a systematic approach to managing safety and reducing risks and overall injuries. Topics to be discussed include: Moving beyond incidents to establish risk as the foundation for injury and illness prevention Building a safety culture focused on leadership, commitment, and employee ownership Identifying and institutionalizing leading indicators to balance lagging safety metrics Critical aspects of Quaker's safety process: risk management, training and learning, information management, and continuous improvement Auditing safety processes and ensuring compliance Mary Zmuda, Senior Manager, Health, Safety, and Environmental Programs QUAKER FOODS & SNACKS - A Division of PepsiCo Back

2:00 pm UPDATE ON WAGE-LOSS CLAIMS Solving the Wage-Loss Claim Conundrum: Strategies to Reduce or Eliminate These Costly Claims (H7739018) The claim costs from wage-loss benefits are spiraling out of control and, in the turbulent economy of the past year, more claimants have been trying to cash in. Our experts will provide you with strategies to avoid wage-loss differential exposures and tactics for defending a Section 8(d-1) claim in Illinois. You will also get an update on recent wage-loss cases and how the Illinois Workers’ Comp Commission is evaluating these claims. Understanding the basics of Illinois wage-loss differential claims and the new explosive reserve problem Trying to make sense of “bad job, right away” and what it means to Illinois employers Attacking the “golden diagnosis” of permanent restrictions that leads to wage-loss claims Best defenses for wage-loss claims from start to finish in each discipline—legal, medical, vocational counseling, and surveillance Eugene Keefe, Esq., Partner KEEFE, CAMPBELL & ASSOCIATES, LLC Andrew S. Zelby, M.D., F.A.C.S., Neurosurgeon NEUROLOGICAL SURGERY AND SPINE SURGERY, S.C. Back

2:00 pm FMLA, ADA, AND WORKERS’ COMP Update on New ADAAA and FMLA Changes and Their Impact on Return to Work and Other Workers’ Comp Issues (H7739019) New changes to the ADA and FMLA are causing more anxiety and presenting additional challenges for those charged with managing workers’ compensation. Our panel of experts will bring you up to date on the changes and provide you with strategies for staying in compliance and for managing return-to-work programs and other workers’ comp issues in light of the changes. Topics to be addressed include: What you need to know about the proposed ADAAA regulations and how they will impact employers and their workers’ comp programs Untangling the complicated web of the ADAAA, FMLA, and workers' compensation in light of the proposed regulations How do new FMLA and ADA changes impact return to work? Find out how Advocate Health Care has changed their restricted-duty and return-to-work programs and implemented an interactive process for ADAAA compliance Moderator: Bridget A. Neuson, RN, BSN, JD, President NEUSON LAW, P.C. Panelists: Diane M. Pidgeon, Director of Workers’ Compensation ADVOCATE HEALTH CARE Rita B. Coffey, Program Analyst U. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION - CHICAGO DISTRICT OFFICE Craig Thorstenson, Esq., Partner FORD & HARRISON, LLP Back

3:00 pm CASE STUDY: CLAIMS MANAGEMENT Proven Strategies for Reducing Your Workers’ Compensation Risks and Containing Costs (H7739010) Learn what leading Illinois companies are doing to reduce workers’ comp claims, decrease lost time, and control claims costs. Discover how Hyatt Hotels Corporation has dramatically reduced the number of lost days. Hear how the City of Champaign’s aggressive pursuit of pro se claims and successful strategies to reduce lost time have resulted in a significant decrease in costs. Implementing an expanded limited-duty program to get injured employees back to work The cost benefits of aggressively pursuing pro se claims Using postoffer job screening to ensure physical capability to perform critical job functions The importance of providing critical data on claims costs along with educational resources and training opportunities to departments throughout your organization Reaping the benefits of a Workers’ Compensation 101 training program and safety roundtables Paul Brandel, Claims Manager, Risk Management HYATT HOTELS CORPORATION Larry Krause, Risk Manager CITY OF CHAMPAIGN Back

3:00 pm PAIN MANAGEMENT Necessary and Effective Management of Chronic Pain in Injured Workers (H7739021) Many workplace injuries cause chronic pain, and both the pain itself as well as some of the traditional approaches used to relieve it can be incapacitating. This session will focus on recent developments in the successful management of chronic pain that help get injured employees back to work sooner. Tian Xia, D.O., Anesthesiologist INTEGRATED PAIN MANAGEMENT Back