Session 5 - Social Determinants of Health in Workers Comp Claims

• Speakers:

• Tron Emptage, Optum

• Marcos Iglesias, Travelers

• David Vittoria, Carisk Partners

When someone gets hurt at work, it's not just the injured party who is affected. For the employer, a work injury may mean lower productivity, higher costs and less money to the bottom line. And, let's not forget, the injured worker's family also often must deal with additional stress, changes in routine, and potential financial difficulties. Join this team of experts to discuss the importance of asking the right questions and gathering the right information so you understand what barriers might be in the way to an injured worker’s recovery. The panel will address socioeconomic status like age and housing, personal factors including finances and transportation, physical demands of employment, and access to appropriate healthcare — all of which can affect an injured worker's recovery and potential return to work.

Session 5 - Top Five from Four — Compelling Workers Compensation Topics from Four Perspectives

• Speakers:

• Kevin Adams, General Mills, Inc.

• Deborah Baker, State of Illinois

• Michael Milstein, Downey & Lenkov LLC

• Jill Wagner, Disparti Law Group

Ever wonder what opposing counsel is thinking? Or what your arbitrator really thinks of your case? Well, wonder no more. In this fast-paced, interactive, and engaging session, a panel of all-star workers compensation professionals will give you the inside scoop on five of the most compelling and current workers compensation topics. This one-of-a-kind gathering will help you with tools to identify and successfully manage workers compensation risks, claims, and legal issues. You’ll leave with practical takeaways on handling your day-to-day claims.

Session 5 - Whose Employee Is It? Borrowed Servant, Agency, and Vicarious Liability Dangers

• Speakers:

• Cynthia Flanagan, Schenck, Price, Smith & King, LLP

• Yvonne Hill-Planter, Skyward Specialty Insurance

• Kevin O'Connor, Peckar and Abramson, PC

• Kristen ONeill, The Hanover Insurance Group

What happens when a claim involves a contract worker? A temporary worker? This session will focus on the importance of investigating the existence of an employer/employee relationship at the outset of a claim. The panel will lead a discussion on how to determine if the insured staffing agency is an employer. Various liability standards under Title VII, ADA, and general vicarious liability standards wil be addressed.   

Break

Session 6 - Collateral Consequences of Weed — The Challenges of Cannabis in Claims

• Speakers:

• Stephanie Burnstein, Segal McCambridge

• Ronald A. Mazariegos, Ambridge

• Donna Thomisee, Lugenbuhl, Wheaton, Peck, Rankin & Hubbard

Cannabis, whether used for medical or recreational purposes has a growing affect in workers compensation cases claims, employment cases, and general liability cases. Issues from testing, to what constitutes impairment or intoxication are common concerns in many legal arenas. In workers compensation, some issues include whether carriers must pay for medical marijuana, do they pay it directly to the provider or reimburse the worker, what rate to pay and what type of quality is required, and what is the liability in relation to Federal law still labeling it as a prohibited substance. In the employment arena, questions arise as to whether an employer can have a no tolerance policy. What policies are needed/required to accommodate medically prescribed marijuana? Lastly, we’ll discuss the critical issues regarding lack of standards for testing and levels of impairment, comparative liability, and admissibility of evidence.

Session 6 - Trends in Snow and Ice Slip and Fall Litigation — Industry Standards, Certifications, Legislation and Changing Contract Terms

• Speakers:

• John Allin, John Allin Consulting, Inc.

• Joshua Ferguson, Freeman Mathis & Gary, LLP

Much has changed in the professional snow and ice management industry in the past few years. Attendees will learn about the American National Institute's recently accredited standards for snow and ice management.  Developed for professional snow and ice management companies, companies that follow these standards are better able to protect themselves and those in the hospitality, restaurant, and retail when litigation ensures, especially as it pertains to slip and fall claims.  Additionally, the industry has developed various certifications that will be discussed.  
The panel will also discuss this tort legislation proposed and passed in various states and the effect of those in the retail, restaurant and hospitality industries.  This session will provide attendees with the knowledge to better assess slip and fall claims from the outset and manage risk, and teach what experts are going to be looking at to find fault based on contract language as well as the written standards.

Session 6 - Using AI to Forecast Medical Exposure for Life Care Plans Used in Litigation

• Speakers:

• Melissa Lawrence, BerkleyNet

• William Pipkin, Austill, Lewis, Pipkin & Maddox, P.C.

• Bennett Pugh, Fidelity Fiduciary Company LLC

• Deborah Watkins, Care Bridge International, Inc

For those high exposure litigated claims, a medical cost projection or Life Care Plan is used to valuate future medical exposure, but are conventional methods accurate? We discuss, using research outcomes, the validity and integrity of existing methods and offer a use case for machine learning algorithms is improving the accuracy of medical valuations and real case studies demonstrating comparative outcomes. You do not want to miss this opportunity!

Break

Session 7 - Bring on the All Stars —Building Your Team to Battle Work Comp Fraud

• Speakers:

• Steve Carman, Celadon Trucking

• Jennifer Meyer, Downey & Lenkov LLC

This session addresses effective fraud investigation in workers compensation claims. The most overlooked part of work comp claim handling is assembling the best cohesive team possible and how that team should interact. When in complete concert, the people in the team have a much greater efficiency than the sum of their individual parts. This leveraging for additional strength and efficiency is a golden opportunity for clams handling. This session will focus on how to assemble the best team possible, areas of responsibility and the importance of continuity and cohesiveness. Attendees will leave this session with a vastly increased knowledge of exactly how to assemble their team and make it the most effective.

Session 7 - Going to Pot — The Future of Pain Management

• Speakers:

• Shari Botelho , Absentia Solutions

• David Gold, Litchfield Cavo LLP

• Matthew Gonder, BerkleyNet

Laws about medical and recreational marijuana vary from state to state making marijuana in workers compensation even more confusing for employers. To complicate matters, it is nearly impossible to assess a marijuana user’s level of impairment making it difficult to prove proximate cause. And, what happens if the marijuana has been prescribed by the injured workers’ physician for a medical condition? Or, what if the marijuana is prescribed to treat the work-related injury? Is marijuana, a Schedule I drug, a better alternative to Schedule II drugs such as OxyContin? Is this the future of pain management? This session will cover how claims professionals, medical professionals, and legal counsel can work together on workers compensation claims involving marijuana to obtain the best outcome for the carrier and the injured worker. The session will discuss the cannabis laws in the various jurisdictions as well as and what defense counsel would like carrier clients to know in order to prepare the best defense.  The presenters will give practical tips for carriers and employers showcasing different claim and case management strategies to be used from causation investigations through return-to-work and recovery.

Session 7 - When Serving a Double Means Trouble

• Speakers:

• Tanner Lenart, Christensen & Jensen

• Jennifer Marino, Litchfield Cavo LLP

• Gabriel S. Slominski, Crum & Forster

• Bryan Vadnais, Bloomin' Brands, Inc.

Liquor liability claims can be some of the most costly claims and deadly situations the hospitality industry faces. From restaurants, to hotels and resorts to the simple grocery chain or convenience store, the exposure can be great. This session will focus on both tools to prevent liquor liability claims (training, policies, licensing issues, sales, and intoxication) to how to handle a claim once it arises. A substantive analysis of the industries duty of care to patrons, DRAM shop laws throughout the country, the potential to transfer risk, as well as recent updates as to changes in the law and recent significant legal progeny will be offered by counsel. The session will also include a practical discussion on handling these types of claims. Finally, this course will provide an analysis of coverage issues that arise when liquor liability is involved.  

Break

Session 8 - A Match Made in Heaven — How to Build a Strong Attorney-Client Relationship

• Speakers:

• Brad Gronke, Gallagher Bassett Services, Inc.

• Rich Lenkov, Downey & Lenkov LLC

• Jennifer Rizk-O'Lynnger, Nyhan, Bambrick, Kinzie & Lowry, P.C.

• Melissa Spinazzola, Amerisure Mutual Insurance Company

The working relationship between a defense counsel and the claim professional can have a major impact on the outcome of a claim. This session will focus on how to have the best relationship possible. Panel adjusters will highlight the qualities that make them want to refer files to a certain attorney time and time again. How do they best receive information from attorneys to assist in the day-to-day handling of their claims? What makes you select one attorney over another? What are the biggest pet peeves you have when dealing with attorney? Defense counsel will shed light on what an adjuster can do to help them have the best chance of success in litigation. Claims professionals will share their insights on how defense counsel can work best with them to formulate the strongest defense.

Session 8 - Advancing the Care of Patients with Disorders of Consciousness

• Speakers:

• Michael Choo, Paradigm

• Robert Doherty, Evans & Dixon, LLC.

• Nancy Schulz, Acuity Insurance

The brain is one of the most complex organs in the body, and damage can cause a wide range of impairments called “Disorders of Consciousness.” The three main disorders of consciousness are coma state, vegetative state, and minimally conscious state. The challenge is to better understand and diagnose these dynamic states to apply the right care. Disorders of consciousness are fluid, which makes it challenging to directly observe and assess the impairments. Opinions among medical professionals often differ.

Session 8 - Managing and Defending Employment Litigation with High Exposure but Questionable Liability

• Speakers:

• Robert Bernstein, Laner Muchin, Ltd.

• Cindy Braun, Great American Insurance Group

• Carrie Graziani, The Hanover Insurance Group

The panel will discuss the various legal and practical considerations associated with managing and defending employment litigation with high exposure but questionable liability. The panel will draw upon their experiences to discuss the importance of early evaluation of employment litigation matters, the potential effectiveness of mediations and settlement conferences, as well as the management and defense of these matters in the event that earlier resolution of these matters is not feasible given the particular circumstances involved. The panel will use case studies to illustrate important points and considerations in these areas.