2009 Agenda

 

Thursday, March 5, 2009 Optional Workshops
7:30 am	8:30 am	Continental Breakfast
7:15 am	8:15 am	Workshop Registration
8:30 am	11:30 am	(Choose 1 of 2 Workshops)
		Workshop 1 Critical Strategies for Safely Navigating the Employment Law and Workers' Comp Jungle: Leave, Disability, Discipline, Termination, Discrimination, and Retaliation (H7731003)
		Workshop #2 Implementing Out-of-the-Box Solutions for a Compliant Return-to-Work Program with Proven Cost-Containment Strategies (H7731004)
11:00 am	12:30 pm	Main Conference Registration and Light Lunch in Exhibit Hall
Thursday, March 5, 2009 Main Conference
12:30 pm	12:35 pm	Opening Remarks from the Chairs
12:35 pm	1:20 pm	OPENING KEYNOTE SESSION Results of the WCRI Benchmark Studies of Illinois: The Early Impact of the 2005 Reforms on Workers’ Comp Costs and How Illinois Compares to Other States
1:20 pm	2:30 pm	KEYNOTE PANEL: CURRENT STATE OF THE WORKERS’ COMP SYSTEM IN ILLINOIS Where Are We Today, Where Do We Need to Be, and How Do We Get There?
2:30 pm	3:00 pm	Break in Exhibit Hall
3:00 pm	3:50 pm	COMBATTING WORKERS’ COMP FRAUD Enforcement Update from the Illinois Division of Insurance and Recent Developments in Prosecuting Workers’ Comp Fraud Cases
3:50 pm	4:40 pm	PANEL DISCUSSION: MEDICAL FEE SCHEDULE Update on the Illinois Medical Fee Schedule: New Changes and Their Impact on Costs for Employers and Other Stakeholders in the Workers’ Comp System
4:40 pm	5:30 pm	(Choose 1 of 2)
		PANEL DISCUSSION: SELF-INSURANCE AND CLAIMS MANAGEMENT Managing the Workers’ Comp Self-Insured Program in Illinois and Controlling Workers’ Comp Costs (H7731006)
		PANEL DISCUSSION: WORKERS’ COMP INSURANCE UPDATE Impact of the Financial Crisis on the Workers' Comp Market and What You Can Do to Keep Costs Down (H7731007)
5:30 pm	8:30 pm	"Las Vegas" Casino Night Cocktail Reception in Exhibit Hall
Friday, March 6, 2009 Day 2
7:30 am	8:15 am	Continental Breakfast in Exhibit Hall
8:15 am	8:45 am	Opening Remarks: Update from the New Acting Chairman of the Illinois Workers’ Comp Commission
8:45 am	9:15 am	KEYNOTE SESSION: LEGISLATIVE UPDATE Legislative Update: How the Legislature Can Address Current Illinois Workers’ Comp Challenges
9:15 am	10:00 am	KEYNOTE SESSION: WORKERS’ COMP APPEALS Current Trends in Illinois Workers’ Comp Appeals: What Types of Cases Are Being Reversed and Why?
10:00 am	10:30 am	Refreshment Break with Exhibitors
10:30 am	11:30 am	GENERAL SESSION: ILLINOIS CASE LAW UPDATE The Latest Decisions and What They Mean for Employers and Other Stakeholders
11:30 am	12:30 pm	(Choose 1 of 2)
		COMPLIANCE AND CLAIMS MANAGEMENT Strategies for Handling the Trickiest Workers' Comp Claims to Avoid Liability (H7731009)
		CASE STUDY: CLAIMS PREVENTION TACTICS The Next New Frontier of Workers' Comp Claims Prevention: Find Out What Illinois Organizations Are Doing to Effectively Prevent Claims Before They Occur (H7731010)
12:30 pm	2:00 pm	Networking Lunch in Exhibit Hall
2:00 pm	3:00 pm	(Choose 1 of 2)
		UTILIZATION REVIEW New Case Developments and How Utilization Review Can Be Used Effectively in the Workers’ Comp Claims Process (H7731012)
		CASE STUDY: PROVEN COST-CONTAINMENT STRATEGIES Successful Claims-Management Strategies to Control Workers’ Comp Costs (H7731013)
3:00 pm	3:15 pm	Break
3:15 pm	4:15 pm	(Choose 1 of 2)
		BACK-INJURY CLAIMS Keeping Bad-Back Claims from Spiraling Out of Control: The Legal and Medical Issues (H7731015)
		SKYROCKETING WAGE-LOSS DIFFERENTIAL AWARDS What Can Be Done to Stop Wage-Loss Claims from Becoming Workers’ Compensation “Jackpots” in Illinois (H7731016)
4:15 pm	5:15 pm	(Choose 1 of 2)
		CASE STUDIES: NEW TRENDS IN WELLNESS Implementing Innovative Wellness Initiatives to Lower Costs, Reduce Absenteeism, and Increase Productivity (H7731018)
		DEFENDING WORKERS’ COMP CLAIMS Turning the Tables: How to Use an Employee's Own Actions as a Defense to Their Workers' Compensation Claim (H7731019)
5:15 pm		Conference Concludes

Workshop #1: Critical Strategies for Safely Navigating the Employment Law and Workers' Comp Jungle: Leave, Disability, Discipline, Termination, Discrimination, and Retaliation (H7731003) This interactive 3-hour workshop will arm you with the knowledge and tools you need to find your way through the treacherous jungle of leave, disability, discrimination, wrongful termination, and workers’ comp laws. Analyzing real-life scenarios, our leading employment law and workers’ comp attorneys will provide practical solutions for employers, human resource managers, and risk managers faced with complex and confusing legal obligations. Topics to be addressed include: Designing employment policies that integrate the various employment and workers’ compensation laws New case law and legislative developments in Illinois and federal employment law and what you can do to be proactive Reducing your liability risks when disciplining and terminating employees who filed workers’ comp claims Finding your way through the complex maze of state and federal leave and disability laws: FMLA, ADA, pregnancy, disability, and workers' comp laws Learn how new changes to the Americans with Disabilities Act (ADA) will impact your organization and find out how to design a reasonable-accommodations process for injured workers Recent developments in workers' comp discrimination and retaliation cases and how to avoid the risks Real-life case studies: Analyze factual scenarios and discover solutions to your most complex employment law and workers’ comp challenges Bridget Neuson, RN, BSN, JD, President NEUSON LAW, P.C. Lynn Combs, Esq., Partner NYHAN, BAMBRICK, KINZIE & LOWRY, P.C. Hilary Malina, Esq., Corporate Counsel CDW CORPORATION Back

Workshop #2: Implementing Out-of-the-Box Solutions for a Compliant Return-to-Work Program with Proven Cost-Containment Strategies (H7731004) An increase in lost workdays has a devastating impact on an employer’s bottom line. If you are one of the majority of employers in Illinois continuing to face challenges in returning injured employees to work, you will not want to miss this workshop. Our panel of industry experts will provide you with proven strategies to implement a successful return-to-work program that is in compliance with leave, disability, and workers’ compensation laws and can significantly reduce your costs. During this comprehensive and interactive session, you will discover new ways to get your employees back on the job and keep them there. Ensuring that your return-to-work program is in compliance with overlapping FMLA, ADA, and workers’ comp laws The importance of documenting your return-to-work and accommodation efforts Balancing your competing obligations in the leave process How to get the maximum benefit from your return-to-work program Proven strategies for getting injured workers back on the job How an effective disability management program in combination with quality medical case management can yield substantial savings and enhance the employer-employee relationship Implementing a proactive disability management program and medical case-management strategy to ensure quality health care services; reduce lost time; and minimize TTD payments, vocational-rehabilitation expenditures, wage loss, and permanency and settlement dollars Find out how Hyatt Corporation has significantly reduced lost time and decreased litigation through implementation of a successful return-to-work program Robert B. Ulrich, Esq., Partner MACIOROWSKI SACKMANN & ULRICH, LLP Diana Alvarez, Occupational Health Manager HYATT CORPORATION Sandra Usselmann, RN, CCM, President PARAGON HEALTH SERVICES, INC. Back

Opening Remarks from the Chairs Jay Dee Shattuck, CAE, President SHATTUCK & ASSOCIATES CONSULTING, INC. 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

12:35 pm OPENING KEYNOTE SESSION Results of the WCRI Benchmark Studies of Illinois: The Early Impact of the 2005 Reforms on Workers’ Comp Costs and How Illinois Compares to Other States The Workers’ Comp Research Institute recently completed benchmarking studies for Illinois focusing on key components of the workers’ comp system. Richard Victor, Executive Director of WCRI, will share the enlightening results of these studies, including: The early impact of the 2005 Illinois workers’ comp reforms on medical costs, litigation costs, income benefits, and duration of disability in Illinois The early impact of the medical fee schedule How medical prices and utilization in Illinois compare with other states How income benefits, duration of disability, and litigation costs in Illinois compare with other states Richard A. Victor, J.D., Ph.D., Executive Director WORKERS COMPENSATION RESEARCH INSTITUTE Back

1:20 pm KEYNOTE PANEL: CURRENT STATE OF THE WORKERS’ COMP SYSTEM IN ILLINOIS Where Are We Today, Where Do We Need to Be, and How Do We Get There? Our esteemed panel of industry experts and stakeholders in the Illinois workers’ comp system will address the burning issues, identify the continuing challenges facing those on the front lines, and propose potential solutions. Hear a lively discussion and debate focusing on: What, if any, gains have been made since the 2005 reforms? What can be done to address the current challenges? Are more reforms the answer? How the reforms have impacted stakeholders Continuing concerns about cost containment: Increasing medical and indemnity costs Did businesses get what they asked for? Workers’ comp medical reforms: Where are we today? Are injured workers receiving adequate benefits? New frustrations about workers’ comp fraud Moderator: Jay Dee Shattuck, CAE, President SHATTUCK & ASSOCIATES CONSULTING, INC. Panelists: Elena E. Butkus, Vice President, Finance & Corporate Officer ILLINOIS HOSPITAL ASSOCIATION Mark M. Flannery Workers’ Compensation Manager, CATERPILLAR INC. Member, GOVERNOR’S WORKERS’ COMP ADVISORY BOARD Larry Krause, Risk Manager CITY OF CHAMPAIGN 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 Back

3:00 pm COMBATTING WORKERS’ COMP FRAUD Enforcement Update from the Illinois Division of Insurance and Recent Developments in Prosecuting Workers’ Comp Fraud Cases This session will provide you with an update on the progress of the Fraud Unit and new enforcement efforts to combat fraud in Illinois. You will also hear how prosecutors can work with employers to crack down on workers’ comp fraud. Topics to be addressed include: New enforcement efforts and what progress has been made in the Fraud Unit The latest trends in workers’ comp fraud cases in Illinois How employers can successfully work with prosecutors in fraud cases Clarifying what information is needed from employers in order to prosecute a fraud case Why thorough investigations and proper documentation are critical to the successful prosecution of fraud Francis “Buzz” Walsh Unit Supervisor, Department of Financial and Professional Regulation ILLINOIS DIVISION OF INSURANCE Nancy J. Wolfe, Esq., First Assistant State’s Attorney DUPAGE COUNTY STATE’S ATTORNEY’S OFFICE Back

3:50 pm PANEL DISCUSSION: MEDICAL FEE SCHEDULE Update on the Illinois Medical Fee Schedule: New Changes and Their Impact on Costs for Employers and Other Stakeholders in the Workers’ Comp System The final changes to the Illinois Medical Fee Schedule will go into effect in 2009. Glen Boyle, the “architect” of the fee schedule, will provide an update on the new changes and their intended purpose. Members of the IWCC Medical Fee Advisory Board will address the impact of the Medical Fee Schedule on costs for employers and other stakeholders in the Illinois workers’ comp system. Issues to be discussed include: Implementation of the final changes to the Medical Fee Schedule The impact of the fee schedule on medical costs and reimbursement Views on the results of the benchmark study by the Workers’ Comp Research Institute Glen Boyle Project Manager – Fee Schedule Development, ILLINOIS WORKERS’ COMPENSATION COMMISSION President, TRUE COURSE MEDICAL DATA ANALYSIS Dr. Jesse P. Butler Orthopedic Spine Surgeon, ILLINOIS BONE & JOINT INSTITUTE, LLC Member Medical Fee Advisory Board, ILLINOIS WORKERS’ COMPENSATION COMMISSION John Smolk Manager of Workers’ Compensation Programs, UNITED AIRLINES, INC. Member Medical Fee Advisory Board, ILLINOIS WORKERS’ COMPENSATION COMMISSION Back

4:40 pm PANEL DISCUSSION: SELF-INSURANCE AND CLAIMS MANAGEMENT Managing the Workers’ Comp Self-Insured Program in Illinois and Controlling Workers’ Comp Costs (H7731006) If your organization is self-insured or is thinking about becoming self-insured, you will not want to miss this session. Chris Gibbons, Executive Secretary of the Illinois Self-Insurers Association, will provide an update on key issues in managing the workers’ comp self-insured program in Illinois and will moderate an enlightening panel discussion focused on the key issues impacting employers. Find out what leading self-insured employers in Illinois are doing to control workers’ comp costs. Moderator: Christopher Gibbons, Esq. Shareholder, NYHAN, BAMBRICK, KINZIE & LOWRY, P.C. Executive Secretary, ILLINOIS SELF-INSURERS ASSOCIATION Panelists: Diane Pidgeon, Director of Workers’ Compensation ADVOCATE HEALTH CARE Michael Martin, Workers' Compensation/Human Resources MITSUBISHI MOTORS NORTH AMERICA, INC. Michael J. McCue, Director of Risk Management SAFEWAY INC., DOMINICK’S DIVISION Back

4:40 pm PANEL DISCUSSION: WORKERS’ COMP INSURANCE UPDATE Impact of the Financial Crisis on the Workers' Comp Market and What You Can Do to Keep Costs Down  (H7731007) Our panel of industry experts will discuss the latest issues and challenges surrounding workers’ comp insurance in Illinois. Issues to be discussed include: The short- and long-term implications of the financial crisis on the workers’ comp market The impact of the Kemper insolvency on workers’ comp in Illinois How to know whether you are getting the appropriate workers’ comp coverage at a competitive rate Examining your classification and insurance ratings to be sure you are not being overcharged The importance of accurate reserving in keeping your premium costs down What employers can do to avoid the assigned risk pool or get out of it Reinsurance and workers' comp: When do you need it and how will it impact your costs? Larry Hochstetler, VP Planning and Development MIDWEST INSURANCE COMPANY John Gatlin Supervisor - Property & Casualty Compliance, Department of Financial and Professional Regulation ILLINOIS DIVISION OF INSURANCE Corinne P. Carr, Esq., Partner SONNENSCHEIN, NATH & ROSENTHAL LLP Back

8:15 am Opening Remarks: Update from the New Acting Chairman of the Illinois Workers’ Comp Commission Amy Masters was named Acting Chairman of the Illinois Workers’ Comp Commission effective November 21, 2008. Chairman Masters will bring you up to date on the new goals and objectives of the IWCC for 2009 as well as key issues to be addressed in 2010. Amy J. Masters, Acting Chairman ILLINOIS WORKERS’ COMPENSATION COMMISSION Back

8:45 am KEYNOTE SESSION: LEGISLATIVE UPDATE Legislative Update: How the Legislature Can Address Current Illinois Workers’ Comp Challenges Senators Terry Link and Matt Murphy will address the successes and failures of HB 2137 two years into its implementation and speak to what the legislature can do to make the Illinois workers' comp system work better for all stakeholders. Senator Terry Link, (D-Lake Bluff)  ILLINOIS STATE SENATE Senator Matt Murphy, (R-27th District) ILLINOIS STATE SENATE Back

9:15 am KEYNOTE SESSION: WORKERS’ COMP APPEALS Current Trends in Illinois Workers’ Comp Appeals: What Types of Cases Are Being Reversed and Why? Commissioner Lindsay of the Illinois Workers’ Comp Commission will provide an update on the recent trends in Illinois workers’ comp appeals. Find out why certain types of workers’ comp cases are being reversed. You will not want to miss this opportunity to get insights into the Commission’s decision-making process and learn what you can do to increase your chances of success. Nancy Lindsay, Commissioner ILLINOIS WORKERS’ COMPENSATION COMMISSION Back

10:30 am GENERAL SESSION: ILLINOIS CASE LAW UPDATE The Latest Decisions and What They Mean for Employers and Other Stakeholders This year brought more appellate court decisions impacting those on the front lines of workers’ compensation. This session will provide you with a complete update on significant cases and prepare you for litigation trends on the horizon. Topics to be addressed include the latest court and Commission decisions regarding vocational rehabilitation, “arising out of,” penalties, utilization review, and the “Two Choice Doctor Rule” in Illinois. William A. Lowry, Esq., Shareholder NYHAN, BAMBRICK, KINZIE & LOWRY, P.C. Christopher Gibbons, Esq. Shareholder, NYHAN, BAMBRICK, KINZIE & LOWRY, P.C. Executive Secretary, ILLINOIS SELF-INSURERS ASSOCIATION Back

11:30 am COMPLIANCE AND CLAIMS MANAGEMENT Strategies for Handling the Trickiest Workers' Comp Claims to Avoid Liability (H7731009) If you are looking for practical solutions to the thorny workers’ comp claims that are keeping you up at night, you will not want to miss this session. You will leave armed with straightforward answers to your biggest workers’ comp quandaries. Issues to be addressed include: A minor, no-lost-time claim has somehow morphed into alleged total permanent disability: What could you have done to prevent this situation? Your claimant’s physician just keeps ordering treatment and modified duty: How do you respond? Your employee has suffered a very serious accident: What action can you take to keep costs from spiraling out of control? Your employee was injured in another state: What information is most critical to gather? Handling off-site accidents: How do you determine compensability issues and what are the possible defenses? Bridget Neuson, RN, BSN, JD, President NEUSON LAW, P.C. Back

11:30 am CASE STUDY: CLAIMS PREVENTION TACTICS The Next New Frontier of Workers' Comp Claims Prevention: Find Out What Illinois Organizations Are Doing to Effectively Prevent Claims Before They Occur (H7731010) CONTROL is a key word in Illinois workers' comp. This session will explore how companies are asserting more control by implementing a highly effective Injury Prevention Strategy with a focus on back injuries and other sprain/strains. Claims prevention must be a key component to reduce workers' comp spending. Learn how United Airlines, CDW, Kendall Jackson Winery Estates, Los Angeles County, Delta Airlines, McLane's Food Service, Frank B. Howard Adventist Hospital, and Whole Foods are proactively winning the game by preventing tomorrow's claims today. Dennis Downing, CEO FUTURE INDUSTRIAL TECHNOLOGIES Troy Appel, Senior Operations Manager CDW LOGISTICS Back

2:00 pm UTILIZATION REVIEW New Case Developments and How Utilization Review Can Be Used Effectively in the Workers’ Comp Claims Process (H7731012) Is utilization review a sound tool to use in workers’ compensation? Will it result in cost savings? Our panel from the Illinois Workers’ Compensation Commission will address new case developments and focus on the key issues involved in effectively using UR. Topics to be addressed include: How will utilization review impact your bottom line? To what extent can the URAC Guidelines be used? How relevant are they to litigation? Is the UR report likely to be helpful in the defense of your claim? The importance of the timing of submitting UR reports and including the credentials of the reviewing doctor Mario Basurto, Commissioner ILLINOIS WORKERS’ COMPENSATION COMMISSION Stephen Mathis, Arbitrator ILLINOIS WORKERS’ COMPENSATION COMMISSION Back

2:00 pm CASE STUDY: PROVEN COST-CONTAINMENT STRATEGIES Successful Claims-Management Strategies to Control Workers’ Comp Costs (H7731013) Discover what leading Illinois companies are doing to successfully manage their workers’ compensation claims and significantly reduce costs! This session will provide you with proven strategies for containing costs, reducing lost days, and keeping claims from spiraling out of control. Find out how leading Illinois companies have implemented strategies to reduce the frequency and severity of injuries and cost per claim. And hear how they are benefitting from implementation of successful claims-management tactics. Robert Johnson, Managing Counsel - Workers' Compensation Practice Group MCDONALD'S CORPORATION Back

3:15 pm BACK-INJURY CLAIMS Keeping Bad-Back Claims from Spiraling Out of Control: The Legal and Medical Issues (H7731015) Back injuries are one of the most prevalent and costly work-related musculoskeletal disorders in the United States and result in more lost workdays than any other musculoskeletal disorder. These injuries often present frustrating and complex causation issues as well as diagnosis and treatment challenges. So what can be done to keep these claims from spiraling out of control? Our leading experts will provide you with an update on cutting-edge diagnostic tools and treatments, as well as the latest court decisions addressing causation issues and successful defenses in back-injury cases. New developments in the diagnosis of back injuries Cutting-edge treatments and the importance of early intervention Conservative treatment and pain management: When enough is enough Improving return-to-work outcomes: Starting return-to-work protocols before treatment ends Deciphering causation issues in back-injury cases Dealing with the rush of new wage-loss claims in back-injury cases and how to stop them The latest Illinois bad-back cases and what they mean for employers 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. Assistant Professor of Neurosurgery, RUSH UNIVERSITY MEDICAL CENTER Back

3:15 pm SKYROCKETING WAGE-LOSS DIFFERENTIAL AWARDS What Can Be Done to Stop Wage-Loss Claims from Becoming Workers’ Compensation “Jackpots” in Illinois (H7731016) The 2005 Illinois workers’ compensation reforms raised wage-loss differential limits to a much higher level than previously used. This has resulted in a deluge of new wage-loss claims seeking lifetime benefits for those who claim they are unable to return to their regular jobs. This session will provide you with a proactive approach to reduce or eliminate these claims and strategies to build your defense in case you are hit with one. Get up to date on statutory and case law defining wage-loss claims Learn how the Workers’ Compensation Commission views wage-loss claims Key factors the Commission considers significant when awarding lifetime wage-loss benefits and how they can be used to defend these claims How to identify potential wage-loss claims and how to develop a strategy that can reduce or eliminate them Robert B. Ulrich, Esq., Partner MACIOROWSKI SACKMANN & ULRICH, LLP Back

4:15 pm CASE STUDIES: NEW TRENDS IN WELLNESS Implementing Innovative Wellness Initiatives to Lower Costs, Reduce Absenteeism, and Increase Productivity (H7731018) Discover how organizations are implementing wellness initiatives that provide a solution to rising health care costs. Proactive, well-designed initiatives concerning the health of your employees can significantly impact the health status of your workforce. Find out how to implement a wellness program that will address the needs of your workforce, have a positive impact on your bottom line, and begin to include workers' comp in your program design. The relationship between employees’ health risks, increasing health care costs, and the role of workers’ comp Implementing a wellness program that addresses the needs of your workforce Strategies for getting buy-in from management and staff Measuring the ROI from your wellness program Nicole Martel, Senior Manager of Advocate Fitness and Worksite Wellness ADVOCATE HEALTH CARE Rodney S. Marion, Director, Human Resources & Risk Management LAKE COUNTY GOVERNMENT Back

4:15 pm DEFENDING WORKERS’ COMP CLAIMS Turning the Tables: How to Use an Employee's Own Actions as a Defense to Their Workers' Compensation Claim (H7731019) In this session, Richard Lenkov will discuss how to successfully handle workers' compensation claims when an employee's conduct is in question. You will learn how factors such as horseplay, intoxication, drug abuse, and other questionable behavior could bar recovery, even in states where comparative fault is not a defense. Hear an update on recent Illinois compensability cases and discover how the employee’s actions can be used as a defense. Mr. Lenkov will offer practical, cost-effective suggestions for putting difficult workers’ comp cases on the right track. Richard W. Lenkov, Esq., Member BRYCEDOWNEY, LLC Back