Illinois Workers' Comp Forum:
Receive vital legislative and case law updates and proven cost-containment solutions from leading industry experts.  Some of the session topics include:  Workers’ Comp Case Law Updates; Innovative Cost-Control Strategies; New Workers’ Comp Legislation; Combating Fraud; Return-to-Work Programs; Claims Management Tactics; Untangling the FMLA, ADA and Workers' Comp Web; Health & Wellness Programs; Risk Management Best Practices; and Workplace Accident Investigations.  This is an event every Workers’ Compensation, Risk Management, Health, Safety, Insurance, and Human Resource professional should attend.

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Conference Agenda

2009 Agenda

The 2009 agenda is not available at this time.


2008 Agenda

 
Tuesday, March 11, 2008
Optional Workshops
7:30 am 8:30 am Continental Breakfast
7:30 am 8:30 am Workshop and Conference Registration
8:30 am 11:30 am (Choose 1 of 2 Workshops)
Workshop #1: Employment-Related Issues in Workers' Comp: Reducing Your Liability Risks for Wrongful Termination, Discrimination, Retaliation, and Violations of FMLA and ADA (H7723003)
Workshop #2: Avoiding the Land Mines in Illinois Workers' Comp Law: Critical Compliance Strategies to Protect Your Organization from Liability Risks and Penalty Snares (H7723004)
11:00 am 12:30 pm Main Conference Registration and Light Lunch in Exhibit Hall
Tuesday, March 11, 2008
Main Conference
12:30 pm 12:35 pm Opening Remarks from the Chairs
12:35 pm 2:15 pm LEGISLATIVE UPDATE AND PANEL DISCUSSION
Part 1: Legislative Developments: New and Proposed Legislation to Remedy Continuing Challenges in Illinois Workers' Comp
Part 2: Status Report on the Illinois Workers' Comp System from the Front Lines: Results of the Implementation of the Reforms and Potential Solutions to Chronic Problems Plaguing the System
2:15 pm 3:15 pm PANEL DISCUSSION: MEDICAL FEE SCHEDULE
The Illinois Medical Fee Schedule: What Is the Real Impact on Costs for Employers and Other Stakeholders in the Workers' Comp System?
3:15 pm 3:45 pm Break in Exhibit Hall
3:45 pm 4:30 pm (Choose 1 of 2)
WORKERS' COMP FRAUD UPDATE
How to Stop the Latest Scams and Successfully Prosecute Workers' Comp Fraud Cases in Illinois (H7723006)
ASK THE DOCTOR
Everything You Always Wanted to Ask the Treating Physician, But Never Had a Chance: Diagnosis, Treatment, Chronic Pain, Return to Work, Modified Duty and More! (H7723007)
4:30 pm 5:30 pm (Choose 1 of 2)
PANEL DISCUSSION: SELF-INSURANCE
The Latest on Workers' Comp Self-Insurance in Illinois: Claims, Costs, and Litigation Rates (H7723009)
CLAIMS MANAGEMENT AND DEFENSE
Teaming Up with Your Claims Adjuster and Defense Counsel to Avoid Paying Inflated Claim and Premium Costs (H7723010)
5:30 pm 8:30 pm "Las Vegas" Casino Night Cocktail Reception in Exhibit Hall
Wednesday, March 12, 2008
Day 2
7:30 am 8:30 am Continental Breakfast in Exhibit Hall
8:30 am 8:45 am Opening Remarks: Update from the Illinois Workers' Comp Commission
8:45 am 9:30 am KEYNOTE SESSION: ARBITRATION
Current Trends in Workers' Comp Arbitration in Illinois: Critical Tactics to Improve Your Chances of Success at an Arbitration Hearing
9:30 am 10:00 am KEYNOTE SESSION-WORKERS' COMP APPEALS
Getting a Firm Grasp on the Illinois Workers' Comp Appeals Process
10:00 am 10:30 am Refreshment Break with Exhibitors
10:30 am 11:15 am NEW ILLINOIS CASE LAW DEVELOPMENTS
Illinois Workers' Comp Case Law Update: Recent Trends in Illinois Case Law and What You Can Do to Be Proactive
11:15 am 12:15 pm (Choose 1 of 2)
WORKERS' COMP AND HR
How Human Resources Can Have a Significant Impact on Reducing Liability Risks and Overall Workers' Comp Costs (H7723012)
CASE STUDY: REDUCING INJURY RISKS FOR OLDER WORKERS
Have Your Cake and Eat It Too! Keeping the Benefits of an Aging Workforce Without the Liabilities (H7723013)
12:15 pm 1:55 pm Networking Lunch in Exhibit Hall
1:55 pm 2:40 pm (Choose 1 of 2)
COMPLIANCE: IS IT A COMPENSABLE CLAIM?
Demystifying Complex Compensability Issues in Illinois: Coming and Going, Workplace Recreation, Willful Misconduct, Independent Contractors, and More (H7723015)
CASE STUDY: OVERHAULING YOUR WORKERS' COMP PROGRAM
Innovative Solutions to Achieve Cost Reduction in Workers' Compensation (H7723016)
2:40 pm 3:30 pm (Choose 1 of 2)
COMPLEX CAUSATION ISSUES
Avoiding Liability When Handling Preexisting Injuries, Repeat Claimants, and Other Causation Issues in Illinois-Get Both the Legal and Medical Perspectives (H7723018)
COMPLIANCE: DISCIPLINE AND TERMINATION
You're Fired! What to Do When Workers' Comp Claimants Present Discipline Problems and How to Avoid Liability Risks (H7723019)
3:30 pm 3:45 pm Break
3:45 pm 4:30 pm (Choose 1 of 2)
THE PSYCHOLOGY OF MALINGERING AND EXAGGERATED CLAIMS
Managing Complex Medical Claims: Utilizing Behavioral Medicine to Facilitate Return to Work (H7723021)
CASE STUDIES: WINNING SAFETY PROGRAMS
Blueprint for Successfully Implementing Safety Programs to Achieve Winning Results (H7723022)
4:30 pm 5:30 pm (Choose 1 of 2)
LEAVE, DISABILITY, AND WORKERS' COMP
Finding Your Way Through the Confusing Leave and Disability Law Labyrinth: FMLA, ADA, and Workers' Comp: Case Study Solutions for Your Most Challenging "Real-Life" Scenarios (H7723024)
FIRST AID TO REDUCE COSTS
Best Practices for Administering First Aid in the Workplace to Lessen the Magnitude of Claims, Reduce Workers' Comp Costs, and Protect Your Employees (H7723025)
5:30 pm   Conference Concludes
Workshop #1:
Employment-Related Issues in Workers' Comp: Reducing Your Liability Risks for Wrongful Termination, Discrimination, Retaliation, and Violations of FMLA and ADA (H7723003)
To add to the challenges of the workers' compensation quagmire, there are a myriad of employment-related issues that can become traps for the unwary. Disciplining and terminating workers' comp claimants and coordinating the FMLA and ADA with workers' comp laws often result in confusion, frustration and, worst of all, litigation. This interactive 3-hour workshop will provide you with the knowledge and strategies you need to safely navigate through this dangerous swamp and protect your organization. Topics to be addressed include:
  • Recent court decisions: Update on the latest developments in Illinois and federal employment law
  • Litigation prevention tactics: Avoiding the biggest mistakes employers make
  • Hiring policies: Putting in place airtight pre- and postemployment hiring policies
  • Discipline and termination: Policies and procedures that can keep you out of court
  • FMLA and ADA: Clarifying your obligations and how they stack up with workers' comp benefits
  • Discrimination: Ensuring your staff is in compliance
  • Case studies: How to address your biggest employment law dilemmas

Kent Sezer, Esq., Partner
NEAL & LEROY, LLC

Bennett L. Epstein, Esq., Partner
FOLEY & LARDNER LLP

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Workshop #2:
Avoiding the Land Mines in Illinois Workers' Comp Law: Critical Compliance Strategies to Protect Your Organization from Liability Risks and Penalty Snares (H7723004)
The Illinois workers' comp system is laden with complexities, legal land mines, and penalty traps making the handling of claims precarious, particularly for those who are not well versed in the rules and regulations. The failure to adhere to the many compliance requirements may result in costly fines and expensive liability. This comprehensive workshop will cover important aspects of workers' compensation law in Illinois. Topics to be addressed include:
  • Implementing proactive policies: Having airtight policies and practices in place before the claim occurs to significantly reduce costs later
  • Mitigating your potential exposure: Taking critical steps in the first 24 hours following injury or illness
  • Conducting an effective investigation: Developing reporting procedures and preparing required documentation
  • Defining compensability: Clarifying coverage and examining the exceptions
  • Privacy rights: Best practices for managing medical issues in workers' comp claims without violating privacy rights
  • Utilization review: Does it provide protection to defeat excessive medical treatment bills in order to avoid penalties?
  • Rising odd-lot total permanence claims: Discover proactive strategies to prevent them
  • Protecting your organization from fraud: Identifying the red flags and knowing what action to take
  • Avoiding fines and penalties: Implementing claims and administrative practices to keep you from getting caught in the penalty snares for failure to comply with the statutes and regulations

Bridget Neuson, RN, Esq., Shareholder
NEUSON & CRONIN, P.C.

Thomas Cronin, Esq., Shareholder
NEUSON & CRONIN, P.C.

Sandra Usselmann, RN, CCM, President
PARAGON HEALTH SERVICES, INC.

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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, Esq., Shareholder
NEUSON & CRONIN, P.C.

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12:35 pm
LEGISLATIVE UPDATE AND PANEL DISCUSSION
Part 1: Legislative Developments: New and Proposed Legislation to Remedy Continuing Challenges in Illinois Workers' Comp

HB 2137 was enacted to control the spiraling workers' comp costs in Illinois, combat workers' comp fraud, and improve employee benefits. Senators Terry Link and Matt Murphy will address the successes and failures of HB 2137 two years into the implementation and speak to what the legislature can do to make the Illinois workers' comp system work better for all stakeholders.

Doug Whitley, President and CEO
ILLINOIS CHAMBER OF COMMERCE

Part 2: Status Report on the Illinois Workers' Comp System from the Front Lines: Results of the Implementation of the Reforms and Potential Solutions to Chronic Problems Plaguing the System
This lively panel discussion among industry experts and practitioners will focus on the key issues in Illinois workers' comp and the impact of the reforms to date. Our esteemed panelists will identify the continuing challenges facing those on the frontlines of the workers' comp system and propose potential solutions.

  • What is the measurable impact of the workers' comp reforms to date?
  • Employer dissatisfaction with promises made and the failure of the reforms to contain costs
  • Is the fraud statute making a difference?
  • Underlying factors that have driven the NCCI's recommended rate changes to the Department of Insurance
  • What can be done about ensuring the speedy and efficient delivery of benefits to injured workers and the continuing problem of uninsured employers?

Moderator:

Jay Dee Shattuck, CAE, President
SHATTUCK & ASSOCIATES CONSULTING, INC.

Panelists:

Mark M. Flannery
Workers' Compensation Manager, CATERPILLAR INC.
Member, GOVERNOR'S WORKERS' COMP ADVISORY BOARD

David Buckman
Risk Manager, CORE CONSTRUCTION GROUP, LTD.
Member, GOVERNOR'S WORKERS' COMP ADVISORY BOARD

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

Terri Robinson, State Relations
NATIONAL COUNCIL ON COMPENSATION INSURANCE, INC. (NCCI)

Barbara Molloy, President
MOLLOY CONSULTING, INC.

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2:15 pm
PANEL DISCUSSION: MEDICAL FEE SCHEDULE
The Illinois Medical Fee Schedule: What Is the Real Impact on Costs for Employers and Other Stakeholders in the Workers' Comp System?

In order to put a stop to the double-digit increases in medical costs per claim for injured workers in Illinois, the workers' comp reforms included the creation of a medical fee schedule, effective February 1, 2006. Glen Boyle, the "architect" of the fee schedule will provide insight into the development of the fee schedule as well as its impact on medical costs in Illinois. Mr. Boyle's remarks will be followed by a lively panel discussion among members of the IWCC Medical Fee Advisory Board. Issues to be discussed include:
  • The scope of the fee schedule and how it was developed
  • How the fee schedule has impacted medical costs and reimbursement
  • Views on the recent reports by the Workers' Comp Research Institute (WCRI) and the National Council on Compensation Insurance, Inc. (NCCI)
  • When will the Illinois workers' comp system realize the cost savings?

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, UNITED AIRLINES
Member Medical Fee Advisory Board, ILLINOIS WORKERS' COMPENSATION COMMISSION

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3:45 pm
WORKERS' COMP FRAUD UPDATE
How to Stop the Latest Scams and Successfully Prosecute Workers' Comp Fraud Cases in Illinois (H7723006)
  • Update from the Fraud Unit: Find out what progress have been made in the Unit's second year
  • New trends in workers' comp fraud in Illinois: What to look out for now
  • 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
  • Case studies of successful prosecutions: What does it take to win a conviction for workers' comp fraud?

Ronald Palmer, Fraud Division Supervisor
ILLINOIS DIVISION OF INSURANCE

Mary K. Cronin, Esq., Assistant State's Attorney
DUPAGE COUNTY STATE'S ATTORNEY'S OFFICE

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3:45 pm
ASK THE DOCTOR
Everything You Always Wanted to Ask the Treating Physician, But Never Had a Chance: Diagnosis, Treatment, Chronic Pain, Return to Work, Modified Duty and More! (H7723007)

Join our leading orthopedic expert for an information-packed session that will provide straightforward answers to the most frequently asked questions. Topics to be covered include:
  • Injury prevention: Key risk factors for orthopedic injuries in the workplace
  • Diagnosis: Bad backs, knee injuries, carpal tunnel, and other hand and wrist injuries
  • Causation: Evaluating the cause and the extent of the injury
  • Treatment options: Determining the most effective treatment
  • Return to work and modified duty: Making decisions about lost time and facilitating a successful return to work
  • Chronic pain and narcotics: Avoiding the pitfalls of pain management

Alexander J. Ghanayem, MD, Associate Professor Chief, Division of Spinal Surgery
LOYOLA UNIVERSITY MEDICAL CENTER

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4:30 pm
PANEL DISCUSSION: SELF-INSURANCE
The Latest on Workers' Comp Self-Insurance in Illinois: Claims, Costs, and Litigation Rates (H7723009)

Discover how McDonald's is reaping the benefits of a successful partnership with their TPA, and find out what Hyatt and Advocate Health Care have to say about how self-insurance is impacting their claims management and workers' comp costs!

This session will be of great interest to organizations that are self-insured as well as those that are considering becoming self-insured. Chris Gibbons, Executive Secretary of the Illinois Self-Insurers Association, will provide an update on key issues impacting self-insurance in Illinois, and he will moderate an informative panel discussion.

Moderator:

Christopher Gibbons, Esq.
Shareholder, NYHAN, BAMBRICK, KINZIE & LOWRY, P.C.
Executive Secretary, ILLINOIS SELF-INSURERS ASSOCIATION

Panelists:

Robert Johnson, Managing Counsel - Workers' Compensation Practice Group
MCDONALD'S CORPORATION

Christopher Curl, Senior Account Manager
GALLAGHER BASSETT SERVICES, INC.

Diana Alvarez, Occupational Health Manager
HYATT CORPORATION

Diane Pidgeon, Director of Workers' Compensation
ADVOCATE HEALTH CARE

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4:30 pm
CLAIMS MANAGEMENT AND DEFENSE
Teaming Up with Your Claims Adjuster and Defense Counsel to Avoid Paying Inflated Claim and Premium Costs (H7723010)

How can you ensure that your workers' comp claims are managed and resolved on a cost-effective and timely basis?

In order to adequately protect their interests, employers need to be actively involved in both the claims handling and defense of workers' comp claims. This presentation will provide you with strategies for partnering with your claims adjuster and defense counsel to ensure that claims are being managed efficiently and cost-effectively and you are not paying more for claims than you should.

  • Building a cohesive relationship and clarifying the responsibilities of all parties
  • Ensuring that your defense counsel and insurance adjuster have the vital information and documentation they need to defend your interests
  • Understanding the importance of the employer's input in critical claims decisions to yield the best possible results

Mr. John P. Bergin, Esq., Partner
BRAUN STROBEL LORENZ BERGIN & MILLMAN, P.C.

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8:30 am
Opening Remarks:
Update from the Illinois Workers' Comp Commission
Illinois Workers' Compensation Commission Secretary Amy Masters will provide a progress report on the new developments at the IWCC and identify key items on the Commission's 2008 agenda that impact employers and other stakeholders in the workers' comp system.

Amy Masters, Secretary of the Commission
ILLINOIS WORKERS' COMPENSATION COMMISSION

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8:45 am
KEYNOTE SESSION: ARBITRATION
Current Trends in Workers' Comp Arbitration in Illinois: Critical Tactics to Improve Your Chances of Success at an Arbitration Hearing

Arbitrator Stephen Mathis from Springfield and Arbitrator David Kane from Chicago will share their insights on current trends in the arbitration of workers' compensation claims in Illinois and what goes into the decision-making process. You will not want to miss this opportunity to get answers to the burning questions most frequently asked by employers.
  • What does it take for an employer to prevail at a hearing? Do they ever prevail? Should someone from the claimant's employer attend the hearing?
  • What are the key pieces of evidence that arbitrators rely on in making their decisions
  • How does the arbitrator evaluate medical evidence? How much stock is put in IME reports?
  • Which issues raise red flags?
  • How do you rule on an employee's competency to understand the terms of the settlement?
  • What can be done about balancing the backlog of claims?

Stephen Mathis, Arbitrator
ILLINOIS WORKERS' COMPENSATION COMMISSION

David Kane, Arbitrator
ILLINOIS WORKERS' COMPENSATION COMMISSION

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9:30 am
KEYNOTE SESSION-WORKERS' COMP APPEALS
Getting a Firm Grasp on the Illinois Workers' Comp Appeals Process

In this informative session, Commissioner Lindsay of the Illinois Workers' Comp Commission will provide a progress report on the changes to the hearing system in Illinois. In addition, she will focus on the recent trends in workers' comp appeals, how to determine whether a case should be appealed, and the standard of review that commissioners apply. You will leave this session with valuable insights into the appeals process.

Nancy Lindsay, Commissioner
ILLINOIS WORKERS' COMPENSATION COMMISSION

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10:30 am
NEW ILLINOIS CASE LAW DEVELOPMENTS
Illinois Workers' Comp Case Law Update: Recent Trends in Illinois Case Law and What You Can Do to Be Proactive

The appellate court continues to hand down decisions interpreting the provisions of the HB 2137 reforms that impact the fate of stakeholders in the workers' comp system. This session will provide you with insight into the most important workers' comp cases and predictions about what the future may bring. Get up to date on recent court decisions defining:
  • The employer's right to reimbursement for workers' comp benefits paid
  • Injured employee notification requirements
  • The employer's responsibility to provide workers' comp benefits for loaned employees
  • What constitutes an employee-employer relationship for purposes of workers' comp

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

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11:15 am
WORKERS' COMP AND HR
How Human Resources Can Have a Significant Impact on Reducing Liability Risks and Overall Workers' Comp Costs (H7723012)

Examine the factors that have contributed to the current challenges in the workers' comp system and find out how implementing an employee injury policy can help you control workers' comp costs.
  • Designating someone to implement and administer your policy and monitor injured employees
  • Communicating your policy to employees in a positive way that encourages compliance
  • Understanding the importance of immediate incident reporting
  • Conducting thorough investigations
  • Ensuring injured employees are treated by preferred doctors

Bridget Neuson, RN, Esq., Shareholder
NEUSON & CRONIN, P.C.

Thomas Cronin, Esq., Shareholder
NEUSON & CRONIN, P.C.

Melissa J. Sheppard, Human Resource Manager
NATIONAL MANUFACTURING COMPANY, A DIVISION OF STANLEY WORKS

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11:15 am
CASE STUDY: REDUCING INJURY RISKS FOR OLDER WORKERS
Have Your Cake and Eat It Too! Keeping the Benefits of an Aging Workforce Without the Liabilities (H7723013)

How can we enjoy the production and morale benefits of having long-term employees while lowering workers' comp costs at the same time?

Over the next decade, the 45 and older (active worker) crowd will grow to an unprecedented percentage of the working population. Unfortunately, in many workplaces the higher production benefits of experienced employees are being outweighed by the costs of work-related injuries to these employees. This session will provide you with an optimum injury prevention solution to give aging workers the means to stay healthy so they can remain contributors to the organization versus being seen as a liability. Discover how private and public sector organizations that are implementing this strategy have gained the long-term benefits of reduced workplace injuries and a significant decrease in workers' comp costs.

Dennis Downing, President
FUTURE INDUSTRIAL TECHNOLOGIES

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1:55 pm
COMPLIANCE: IS IT A COMPENSABLE CLAIM?
Demystifying Complex Compensability Issues in Illinois: Coming and Going, Workplace Recreation, Willful Misconduct, Independent Contractors, and More (H7723015)

Leading workers' comp defense attorney, James Clune, will bring you up to date on recent court cases addressing compensability issues. This session will focus on solutions to your most complicated compensability conundrums to help you avoid paying unnecessary claims costs. Topics to be discussed include:
  • Update on recent Illinois cases addressing compensability issues
  • Determining whether your employee's claim falls into one of the coverage exceptions
  • Examining the latest cases addressing independent contractors and loaned employees
  • The latest word on "arising out of" and "in the course of" employment

James R. Clune, Esq., Shareholder
GAROFALO, SCHREIBER, HART & STORM CHARTERED

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1:55 pm
CASE STUDY: OVERHAULING YOUR WORKERS' COMP PROGRAM
Innovative Solutions to Achieve Cost Reduction in Workers' Compensation (H7723016)

Discover how the University of Chicago Medical Center and Follett are benefiting from strategic changes to their workers' comp programs and take away ideas you can implement!

Alison Wishart, Administrative Director of the University of Chicago Medical Center, and Jean Chocola, Claims Manager of Follett Corporation, will share what their organizations have done to take control of workers' comp costs and how they have achieved impressive results. Find out how the University of Chicago Medical Center was able to decrease the average number of employees receiving Temporary Total Disability (TTD) from 50 to 10, and reduce their injury reporting time from a 30-day average to same day notice. And hear how Follett has lowered litigations costs, reduced their overall injuries by 30% with education and key partnerships. Learn why it is important to monitor your claims carrier as closely as possible. Discover strategies to:

  • Significantly decrease your injury reporting time
  • Find the best care available, get employees back to work faster, and do away with "off work until feeling better"
  • Dramatically reduce the number of employees receiving TTD
  • Reduce your litigation costs with close monitoring
  • Reduce frequency of injuries with simple strategies and a hands on approach to claims

Alison Wishart, Administrative Director of Occupational Medicine
UNIVERSITY OF CHICAGO MEDICAL CENTER

Jean Chocola, Claims Manager
FOLLETT CORPORATION

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2:40 pm
COMPLEX CAUSATION ISSUES
Avoiding Liability When Handling Preexisting Injuries, Repeat Claimants, and Other Causation Issues in Illinois-Get Both the Legal and Medical Perspectives (H7723018)

How do you know if the injury is a first-time injury or an exacerbation of a preexisting condition? How do you distinguish between the normal aging process and a legitimate workers' comp injury?

Get answers to these questions and much more during this enlightening session. Properly identifying causation and establishing responsibility for preexisting conditions is at best a tricky business filled with potential liability risks-and at worst a very costly one resulting in a huge financial burden. You will leave this presentation with clarification on both the legal and medical issues related to causation.

  • Using employment testing and investigations to detect previous injuries and comp claims lawfully
  • Defining the causation lingo: Acceleration, exacerbation, and aggravation
  • Distinguishing between compensable and noncompensable aggravation
  • Understanding how courts assess the standard of causation in workers' comp cases
  • Strategies for defending and winning cases that turn on causation issues

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.

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2:40 pm
COMPLIANCE: DISCIPLINE AND TERMINATION
You're Fired! What to Do When Workers' Comp Claimants Present Discipline Problems and How to Avoid Liability Risks (H7723019)

RECENT CASE ALERT: Illinois jury awards $2 million in punitive damages to a former employee who alleged he was fired for applying for workers' comp benefits!

Retaliation claims are one of the fastest growing areas of employment law, often yielding high damage awards. While injured workers have no greater rights than other employees, they sometimes present thorny challenges that can increase your risks for retaliation liability. How managers respond to claimants with disciplinary problems will undoubtedly determine the employer's fate in the event a lawsuit is filed. Discover critical strategies for managing workers' comp claimants who present discipline problems, while minimizing your liability risks.

  • Update on recent workers' comp retaliation cases and important lessons to be learned
  • Why retaliation cases are on the rise, and how to avoid one
  • Understanding what motivates jurors to award large verdicts
  • Training your managers and supervisors in retaliation law and critical strategies for disciplining and terminating workers' comp claimants

Bennett L. Epstein, Esq., Partner
FOLEY & LARDNER LLP

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3:45 pm
THE PSYCHOLOGY OF MALINGERING AND EXAGGERATED CLAIMS

Managing Complex Medical Claims: Utilizing Behavioral Medicine to Facilitate Return to Work (H7723021)

Psychosocial issues play a role in all workers' compensation claims but are increasingly important in the management of complex, malingering, or exaggerated claims. The failure to acknowledge and address critical psychosocial issues can result in delayed recovery and promote the disability cycle. Behavioral medicine has emerged as a powerful resource in the collaboration between behavioral and biomedical sciences in the area of disability management. Dr. Daniel Kelley will outline the benefits of collaborating with behavioral medicine specialists in the management of complex medical claims.

  • Explore how psychosocial variables influence the progression of disability
  • Understanding behavioral medicine services within the context of medical claims
  • Learn how to identify cases which warrant behavioral medicine interventions
  • Find out how behavioral medicine services can facilitate better treatment, case management, and return-to-work outcomes

Daniel G. Kelley, Ph.D., Clinical Psychologist
INTEGRATED BEHAVIORAL MEDICINE, LTD.

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3:45 pm
CASE STUDIES: WINNING SAFETY PROGRAMS
Blueprint for Successfully Implementing Safety Programs to Achieve Winning Results (H7723022)

Discover how Exelon and Wal-Mart have implemented innovative strategies that are reducing workplace injuries and having a significant impact on the bottom line!

This session will focus on:

  • The process and tactics utilized to help ComEd gain 80% improvement in safety performance
  • Successfully integrating your safety, risk management, and claims programs in order to manage claims more efficiently and keep costs down
  • Optimizing utilization of your safety/risk management department
  • Making a tangible change in safety behavior and improving the accountability of your safety program

Michael Wahl, Divisional Safety Director - Midwest Division, CSP
WAL-MART

John T. Boyle, ComEd - Manager Safety, Methods and PAG
COMMONWEALTH EDISON, A UNIT OF EXELON CORPORATION

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4:30 pm
LEAVE, DISABILITY, AND WORKERS' COMP
Finding Your Way Through the Confusing Leave and Disability Law Labyrinth: FMLA, ADA, and Workers' Comp: Case Study Solutions for Your Most Challenging "Real-Life" Scenarios (H7723024)

Discover a systematic approach to employee rights and employer responsibilities under the FMLA, ADA, and workers' compensation laws. Our expert employment law attorney will guide you through real-life case studies that will give you a firm grasp on how to manage the compliance requirements of federal and state leave and disability laws.

Kent Sezer, Esq., Partner
NEAL & LEROY, LLC

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4:30 pm
FIRST AID TO REDUCE COSTS
Best Practices for Administering First Aid in the Workplace to Lessen the Magnitude of Claims, Reduce Workers' Comp Costs, and Protect Your Employees (H7723025)
Did you know that a $3 ice pack can save you from a $1,000 emergency room visit and prevent a workers' comp claim? That's just one example of how a carefully administered first aid response can have an impact. Many injuries just need first aid, and most employers can be equipped to provide it. Curtis Smith, Executive Vice President at Medcor, has experience with over 100 worksites. He will provide you with practical strategies to implement a successful first aid response. Find out how a small investment in first aid can help control workers' comp costs.
  • Knowing which injuries need first aid and when to get more help
  • Selecting, training, and motivating the right people
  • Acquiring the essential equipment and tips for maintenance and replenishment
  • Implementing operating procedures, medical protocols, oversight, and QA
  • Addressing security and privacy issues: Scene safety, HIPAA laws, and documentation

Curtis H. Smith, Executive Vice President
MEDCOR

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