2009 Agenda 

Thursday, October 8, 2009
7:30 am	8:30 am	Workshop Registration and Continental Breakfast
10:00 am	10:15 am	Break
8:30 am	11:30 am	Choose 1 of 2 Workshops
		Workshop #1 Safely Navigating the Confusing Leave and Disability Law Maze and Update on Sweeping New Changes: FMLA, ADA, New Jersey Paid Leave Law, and Workers' Compensation (H8841003)
		Workshop #2 The Nuts and Bolts of New Jersey’s Workers’ Compensation Law: Avoiding the Legal and Claims Management Snares and Protecting Your Organization from Litigation Risks (H8841004)
11:30 am	12:45 pm	Networking Lunch and Conference Registration
12:45 pm	1:00 pm	Opening Remarks from the Chair
1:00 pm	2:00 pm	OPENING KEYNOTE SESSION Valuable Insights from a Workers’ Compensation Judge: What You Can Do to Increase Your Chances of Prevailing in Court
2:00 pm	2:45 pm	CARPAL TUNNEL CLAIMS Everything You Ever Wanted to Know About Carpal Tunnel Syndrome and How to Successfully Defend These Claims
2:45 pm	3:15 pm	Break
3:15 pm	4:00 pm	MEDICARE SECONDARY PAYER STATUTE MSP Compliance Update 2009: New Requirements and Strategies to Ensure Compliance and Maximize Savings
4:00 pm	5:00 pm	VIEW FROM THE OTHER SIDE The Inside Scoop from the Claimant's Attorney: Find Out What You Can Do to Resolve Claims Faster and Avoid Costly Litigation
5:00 pm		Day One Concludes
Friday, October 9, 2009
7:30 am	8:30 am	Continental Breakfast
8:30 am	9:20 am	KEYNOTE PANEL SESSION Cracking Down on Fraudulent Claims: Why the New Jersey Fraud Statute Is Your Best Weapon to Obtain Remedies
9:20 am	10:15 am	THE FINANCIAL CRISIS AND WORKERS’ COMP The Onslaught of Workers' Comp Claims in the Downturn Economy: Why Getting Closure on Claims Has Never Been Harder and What You Can Do About It
10:15 am	10:45 am	Break
10:45 am	11:45 am	PANEL DISCUSSION: RETURN TO WORK Managing the Most Costly Workplace Injuries: How to Keep These Claims from Spiraling Out of Control by Mastering Return-to-Work Issues
11:45 am	12:30 pm	CASE LAW AND LEGISLATIVE UPDATE Update on Noteworthy 2009 New Jersey Workers’ Comp Decisions and Recent Reform Legislation and Their Impact on Employers and Other Stakeholders
12:30 pm	1:30 pm	Networking Lunch
1:30 pm	2:30 pm	PREEXISTING INJURIES AND CAUSATION Recent Developments in Preexisting Injuries and Causation: The Legal and Medical Perspectives
2:30 pm	3:15 pm	ACCEPTANCE AND DENIAL OF CLAIMS Preventing Mistakes in Acceptance and Denial of Work Injury Claims: Update on Managing Complex Compensability Issues and Winning Defenses
3:15 pm	3:30 pm	Break
3:30 pm	4:30 pm	CASE STUDY SUCCESS STORY Discover How a Strong Fitness and Safety Program Can Significantly Reduce the Number and Severity of Workplace Injuries
4:30 pm		Conference Concludes
8:30 am Workshop #1 Safely Navigating the Confusing Leave and Disability Law Maze and Update on Sweeping New Changes: FMLA, ADA, New Jersey Paid Leave Law, and Workers' Compensation (H8841003) The landscape is changing rapidly with new regulations on medical, family, and military leave under the FMLA; broadening of the concept of disability under the ADA; and now paid leave in New Jersey, making New Jersey the third state to adopt paid leave. This is your chance to hear from our experts who will provide you with critical updates on recent changes to leave and disability laws, as well as a strategy for managing all these laws and workers’ compensation while keeping control over absences from work. You will leave this session with a road map for determining which laws apply and in what order when an employee goes on leave for a workplace injury or illness. How will the sweeping changes to the ADA and FMLA impact employers? Learn the many changes in the recent FMLA revised regulations Find out what the ADA Amendments Act will mean for your organization How will the new Paid Leave Act impact your workforce? How can you coordinate these laws with workers’ compensation? When is a work-related injury also covered by FMLA? When is it a protected disability? Analyze real-life case scenarios and take away solutions for managing your leave and disability dilemmas Ian D. Meklinsky, Esq., Partner FOX ROTHSCHILD LLP Ann F. Kiernan, Esq., Attorney ANN KIERNAN, ESQUIRE Back
8:30 am Workshop #2 The Nuts and Bolts of New Jersey’s Workers’ Compensation Law: Avoiding the Legal and Claims Management Snares and Protecting Your Organization from Litigation Risks (H8841004) If you are searching for the definitive guide to the complex workers’ comp system in New Jersey, then you will not want to miss this workshop. In this comprehensive three-hour session, our leading workers’ comp experts will provide you with a definitive guide to handling claims and critical compliance strategies you need to protect your organization. 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. Highlights of topics to be covered: Implementing proactive policies and practices before the claim happens to significantly reduce costs later 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 Determining your exposure on workers’ comp claims Ensuring compliance with the New Jersey statutes and regulations to avoid costly fines and penalties Case studies: Analyze real-life scenarios throughout the workshop and walk away with strategies to apply to your own workers’ comp cases Mark Setaro, Esq., Partner WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Carla Aldarelli, Esq., Shareholder CAPEHART & SCATCHARD, P.A. Back
12:45 pm Opening Remarks from the Chair John H. Geaney, Esq., Shareholder CAPEHART & SCATCHARD, P.A. Back
1:00 pm OPENING KEYNOTE SESSION Valuable Insights from a Workers’ Compensation Judge: What You Can Do to Increase Your Chances of Prevailing in Court In this enlightening keynote session, you will hear from the Honorable Melvin Shteir, a recently retired workers’ compensation judge, who will provide you with valuable insights into the New Jersey workers’ comp judicial process. Don’t miss this opportunity to learn how cases are conferenced, what evidence the court considers to be persuasive, the process by which disability benefits are awarded, and how trials are conducted in New Jersey. The Honorable Melvin Shteir FORMER WORKERS’ COMPENSATION JUDGE Back
2:00 pm CARPAL TUNNEL CLAIMS Everything You Ever Wanted to Know About Carpal Tunnel Syndrome and How to Successfully Defend These Claims Carpal tunnel syndrome continues to be the leading occupational disease claim in New Jersey. The great irony is that studies suggest that there is little connection between carpal tunnel syndrome and work. A noted hand surgeon will explain what the literature says and why more of these claims should be denied. What is the legal standard for proving an association between work and carpal tunnel syndrome? What are the personal risk factors for developing carpal tunnel syndrome? Is there any science behind repetitive keyboarding and carpal tunnel syndrome? How can you successfully defend these claims, and what proof do you need? Kenneth Peacock, M.D., Orthopedic Surgeon QUALMED EVALUATIONS Back
3:15 pm MEDICARE SECONDARY PAYER STATUTE MSP Compliance Update 2009: New Requirements and Strategies to Ensure Compliance and Maximize Savings 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. Examining the political landscape Clarification on Section 111 reporting requirements: Who, what, when, how? What's the impact: Closing the loopholes on recovery efforts and closing the loopholes on MSA compliance issues Proactive steps every organization should be taking Implementing a multidisciplinary approach Update on legislative reform efforts Rob Lewis, Esq., Chief Legal Counsel CROWE PARADIS SERVICES CORPORATION Back
4:00 pm VIEW FROM THE OTHER SIDE The Inside Scoop from the Claimant's Attorney: Find Out What You Can Do to Resolve Claims Faster and Avoid Costly Litigation Using examples from real-life cases, this enlightening session will focus on the most common employer mistakes that result in lawsuits. Find out what sends your employees running to an attorney, how claimants’ attorneys pick their cases, and when it makes more sense to settle a matter rather than getting involved in expensive, protracted litigation. Steven M. Matarazzo, Esq., Partner PETRO COHEN PETRO MATARAZZO WARRINGTON Back
8:30 am KEYNOTE PANEL SESSION Cracking Down on Fraudulent Claims: Why the New Jersey Fraud Statute Is Your Best Weapon to Obtain Remedies Few employers realize how accessible the New Jersey Fraud Act is and how powerful a weapon it can be for cracking down on fraud. Our distinguished panel will address how to effectively handle fraud cases in New Jersey and how your organization can obtain remedies within the New Jersey Workers’ Compensation Division. Discover why the New Jersey fraud statute is more much effective than other avenues in fighting fraud. Clarification on the statutory criteria for fraud in N.J.S.A. 34:15-57.4 How can investigation lead to successful motions for findings of fraud? What employers can do to assist in providing the information for a fraud motion Find out what remedies your company can obtain under the statue for fraud John H. Geaney, Esq., Shareholder CAPEHART & SCATCHARD, P.A. Bryan Varallo, B.S., M.S., Managing Member The Capcon Group, LLC Don Kellerman, Vice President of Claims Scibal Associates, Inc. Back
9:20 am THE FINANCIAL CRISIS AND WORKERS’ COMP The Onslaught of Workers' Comp Claims in the Downturn Economy: Why Getting Closure on Claims Has Never Been Harder and What You Can Do About It We are going through the worst economic downturn in decades and this is having a significant impact on workers’ compensation. Claims are up even as employment is down. Decisions to downsize or close companies lead to mass filings of claims. And getting closure on claims has never been more difficult. What can employers do? Our panel of experts will provide you with strategies to deal with these challenges. Topics to be addressed include: Why economic downturns lead to more comp claims, and what you can do to minimize claim volume Closing problematic, lingering claims: Developing a strategy to accelerate claims closure and knowing what legal tools can be employed to close files Proactive steps for the claims examiner and the employer Managing workers’ comp when a company downsizes: Learn how one local New Jersey company managed its plant closing process John H. Geaney, Esq., Shareholder CAPEHART & SCATCHARD, P.A. Rob Gould, Human Resource Manager GRIFFIN PIPE PRODUCT COMPANY Jason Marett, Claims Service Associate THE PMA INSURANCE GROUP Back
10:45 am PANEL DISCUSSION: RETURN TO WORK Managing the Most Costly Workplace Injuries: How to Keep These Claims from Spiraling Out of Control by Mastering Return-to-Work Issues Discover how Camden County’s successful modified-duty and return-to-work programs are getting employees back on the job faster! A successful return to work and case management strategy can make a huge impact in reducing workers’ compensation costs. Working with case managers to get a thorough history from the start, identifying red flags, and keeping communications open with treating doctors will help get injured workers back on the job faster and much more productively. Discover the vital role of case management in keeping workers’ compensation claims from spiraling out of control, and find out what makes Camden County’s modified duty and return to work program a success. How case managers establish trust with the injured worker Find out how important the initial history is and what questions to ask The keys to communicating with busy treating doctors Distinguishing non-work-related from work-related injuries Camden County’s modified-duty and return-to-work strategy Working with all parties to ensure prompt return to work Lucian J. Introcaso, M.D., Medical Director WORKNET OCCUPATIONAL MEDICINE Lou DiAngelo, Shared Services and Workers’ Compensation Director CAMDEN COUNTY Joyce Newman, RN, CCM, Vice President of Business Development FIRST MANAGED CARE OPTION / ACTIVE CARE Sylvia Baccan, RN, CDMS, CCM, LNCC, CLCP, Nurse Case Manager BACCAN CONSULTING SERVICES, LLC Back
11:45 am CASE LAW AND LEGISLATIVE UPDATE Update on Noteworthy 2009 New Jersey Workers’ Comp Decisions and Recent Reform Legislation and Their Impact on Employers and Other Stakeholders In this informative session, leading workers’ compensation defense attorney John Geaney will provide an update on the latest New Jersey workers’ comp decisions and what they will mean for stakeholders in the New Jersey workers’ comp system. In addition, you will find out about new legislative changes including the 2008 Reform Legislation. Hear the latest on recent court decisions including: Examining the leading case on occupational exposures to perfumes and odors Update on recent decisions on the going-and-coming rule The key decision on calculating awards where multiple injuries are involved A new case on the effect of subsequent intervening events following an injury John H. Geaney, Esq., Shareholder CAPEHART & SCATCHARD, P.A. Back
1:30 pm PREEXISTING INJURIES AND CAUSATION Recent Developments in Preexisting Injuries and Causation: The Legal and Medical Perspectives How do you know if a claimant’s injury is a new one or a recurrence of an old one? When is a preexisting non-work-related condition a defense to a workers’ comp claim? Properly identifying causation and establishing responsibility for preexisting conditions is always a tricky business filled with potential liability risks that can result in a huge financial burden. This session will focus on new court decisions with groundbreaking case law that will provide answers to these very complex questions. In addition, our leading occupational medicine physician will address the medical perspective on preexisting injuries. You will leave this session with clarification on both the legal and medical issues related to causation. Discover how recent New Jersey cases are assessing the standard of causation in workers’ comp cases and what this means for employers! How do you determine whether an injury is a first-time injury or an exacerbation of a preexisting condition? Strategies for investigating, defending, and leveraging your case when there are preexisting disability issues Jeffrey D. Newby, Esq., Partner WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Lucian J. Introcaso, M.D., Medical Director WORKNET OCCUPATIONAL MEDICINE Back
2:30 pm ACCEPTANCE AND DENIAL OF CLAIMS Preventing Mistakes in Acceptance and Denial of Work Injury Claims: Update on Managing Complex Compensability Issues and Winning Defenses This session will provide you with critical information on what employers can do to ensure their interests are being protected and that they are paying only for those injuries that are legally compensable. Learn about major defenses to claims in New Jersey that will help you make the right call on difficult claims. Topics to be discussed include: How claims-handling mistakes impact your workers’ comp costs What are the obligations of your carrier or TPA to investigate claims? Legal defenses and procedures for denying claims Knowing when to question acceptance of claims and vital information you should be communicating to your TPA or adjustor to help prevent mistakes Craig W. Summers, Esq., Partner HILL WALLACK LLP Back
3:30 pm CASE STUDY SUCCESS STORY Discover How a Strong Fitness and Safety Program Can Significantly Reduce the Number and Severity of Workplace Injuries Find out how Cherry Hill Fire Company’s fitness and safety programs resulted in a significant reduction in claims and lost days! Our panel will bring you their first-hand experience in how fitness and safety programs can be designed and implemented to significantly reduce both the number and severity of workplace injuries. Topics to be discussed include: Identifying the key ingredients in successful fitness and safety programs How to get buy-in from management and unions The best tools to use for identifying fitness-for-duty issues The importance of educating managers and workers on safety and fitness issues Tom Kolbe, Deputy Chief CHERRY HILL FIRE DEPARTMENT Walter Reibrich, Safety Director – GSMJIF Senior Risk Control Consultant – PMAMC THE PMA INSURANCE GROUP Brian Erlandsen, Assistant Vice President NIP GROUP, INC. Back