Breakfast

Session 1 - Cannabis Meets Claims: Emerging Trends In Litigation, Medicine, and Legislation

• Speakers:

• Jeremy Buchalski, Wilson Elser

• Nathan Lennon, Reminger Co., LPA

• Ronald A. Mazariegos, Ambridge

As the cannabis industry continues to expand from state-by-state legalization efforts, the insurance industry is working to identify new cannabis risks and claims trends. 2021 brought a slew of changes to cannabis landscape, with New York and New Jersey leading the charge in bringing medical marijuana to workers compensation and claims, other states are following suit. While the gray area of the legality of cannabis still exists, more and more doctors, injured workers, and legal authorities are starting to embrace cannabis as an alternative treatment. In this session, we will explore emerging risks in claims (both related to the use of cannabis and legal issues), recent and emerging legislation, the insurance carrier’s perspective, and real-world practical solutions to dealing with cannabis as a form of treatment in workers compensation claims.

Session 1 - Deep Dive Workshop: Do Not Let Social Determinants of Health Take Over Your Work Comp Claim (Two-Part Session)

• Speakers:

• Rafael Gonzalez, Cattie & Gonzalez

• Angel Guerra-Chagolla BA,MA, SIP, WCCA, Beauty & Beast in Business LLC

• Dorothy Riviere, Bardavon Health Innovations

Recent studies have shown that an injured worker’s medical improvement and eventual successful return to work depends not only on appropriate and timely medical care, but also on his/her social determinants of health, the social factors that may impede the injured worker from improving, getting better, and ultimately returning to work. 

This session is the first of a two-part deep dive workshop exploring the ways and methods to identify social determinants of health that may be preventing the injured worker from medical improvement and returning to work. Once identified, the session also will focus on steps, processes, and procedures to keep social determinants of health from turning a claim into a catastrophic situation, ending up in permanent and total disability.

Attendees should also register for Part Two on May 20 at 10:45 AM.

Session 1 - From “Shots Fired” to “Shooter Down”: Responding to Active Shootings in the Retail Environment

• Speakers:

• Adam Cohen, Davids & Cohen, P.C.

• Brian Donnelly, Cullen and Dykman, LLP

In the last 20 years, active shooter situations have occurred with some frequency in the retail environment. Understanding how to both prepare and respond to these dangerous situations will be key for claims professionals to recognize the risks and liabilities arising from these incidents. In this session we'll outline a strategy for risk management and claims professionals, including coordinating and creating an emergency plan that addresses the policies and procedures for reporting, reacting, and responding to active shooter situations. Also discussed will be how to align a communication strategy with employees for optimal cooperation, coordinate with the landlord for building compliance, communicate with local law enforcement on access to the building, and evaluate existing safety precautions. In the end, preparedness for active shooter situations comes down to education and periodic reinforcement of procedures. 

Session 1 - How to Hold Plaintiffs Accountable

• Speakers:

• Allison Burns, Brit Global Specialty USA, Inc.

• Craig Derrig, Wood Smith Henning & Berman LLP

• Carly Falgout, Bear Mediation

• Sanjay Shivpuri, Markel

This session will explore the challenges defense counsel encounters when a jury is reluctanct to hold plaintiffs accountable in lawsuits where liability appears to be weak or there is a strong claim for contributory/comparative fault. Possible causes of this trend will be explored, such as  the perceptions of insurance coverage and jury instructions.  The roundtable discussion also will assess common principles of contributory fault, comparative fault, assumption of risk, and the burden of proof for these defenses. Panelists will address the most effective ways to present these defenses at trial, as well as examining alternative options to trial. 

Session 1 - Overcoming Objections to Achieve Optimal Settlement Outcomes

• Speakers:

• Maddie Battaglia, ICW Group

• Alisa Hofmann, Arcadia Settlements Group

• Jeannette Johnian, Amynta Group

• Johnny Meyer, Ametros Financial Corporation

• Cristi Nelson, Ripes, Nelson, Baggot & Kalobratsos

Using a real case example, this panel will offer insights into frequently asked questions including: What are common resolution barriers? Why is settlement daunting for an injured person? How do I overcome barriers? How do I use industry partners strategically to assist in resolving claims? Additionally, learn why the combination of a structured settlement with professional administration offers the best protection for an injured person, providing them with knowledge and the confidence to settle their claim.

Break

Session 2 - An Update on Notable Employment Caselaw and Its Impact on the Retail, Restaurant and Hospitality Industries

• Speakers:

• Robert Bernstein, Laner Muchin, Ltd.

• Priscilla May, AmTrust Financial Services

• Susan Sitron, The Hanover Insurance Group

• Mary Smigielski, Lewis Brisbois Bisgaard & Smith, LLP

Join us as we discuss recent notable employment caselaw in the discrimination, harassment, retaliation, wage and hour and other areas as well as its impact, both legally and practically, on the retail, restaurant and hospitality industries.

Session 2 - How Presumptions are Influencing and Reshaping the Grand Bargain

• Speakers:

• Jeffrey M. Adelson, Bober, Peterson, & Koby, LLP

• Erin Fiore, Hennessy & Roach P.C.

• Max Koonce, Sedgwick

COVID-19 has had lasting effects on the workers compensation systems and the employers and employees the systems were designed to serve. From its earliest roots as an injury compensation system, workers compensation has evolved on a state-by-state basis. Despite some outliers, disease has historically not been widely compensable in these systems without evidence-based demonstrations or legislative definitions. However, the nature of COVID-19 and its ensuing challenges have led some states to react legislatively or regulatorily. In certain cases, states have even amended this social contract to shift virus costs to employers and insurance carriers retroactively. This session will explore the implications for the workers compensation system post COVID-19 based on current directional trends. 

Session 2 - Prepare Now: Private Actors Pushing the Envelope on MSP Case Law

• Speakers:

• Andy Condrey, The Gray Insurance Company

• Shawn Deane, J29 Inc.

• Heather Sanderson, Sanderson Firm PLLC

• Jeff Stinson, Swift, Currie, McGhee & Hiers, LLP

Typically, primary payers (workers compensation, general liability, and no-fault insurance carriers/payers) with Medicare Secondary Payer Act (MSP) obligations have been most concerned about the federal government and/or traditional Medicare auditing their MSP compliance on claims. However, over recent years, it has been private actors/citizens that have sought to enforce the MSP more often than the federal government, making them more of a threat to the industry. Claims professionals should be aware of these lawsuits to avoid becoming a guinea pig for these private actors' litigation. This diverse panel of MSP legal experts, as well as claims managers, will provide not only a background on this litigation, but also practical best practice tips to take back to their organizations for better compliance. 

Session 2 - The Dawning of the Age of Remote Work

• Speakers:

• Anas Al-Hamwi, Walgreens

• Michelle Leighton, Conner Strong & Buckelew

• Michele Punturi, Marshall Dennehey

• Robin Roeder, Sedgwick

The pandemic has ushered in a new age of remote work that is here to stay. Workers comp insurance usually covers any injury that arises out of and in the course of employment – even when the employee is working from home. The influx of claims associated with remote work has raised new challenges for workers compensation claims professionals. This session will focus on evaluating, managing, and mitigating remote work claims while avoiding litigation under the Workers Compensation Act. Key points discussed will include the personal comfort doctrine and when it applies; drafting specific job descriptions for work at home personnel; and best practices for documenting, investigating, and resolving remote work claims. 

Session 2 - The First 48 Hours: How To Investigate A Red Flag Workers Compensation Claim

• Speakers:

• Michelle Greene, North American Risk Services NARS

• Alicia Hitchcock, Elwood Staffing Services, Inc

• Kirsten Kaiser Kus, Downey & Lenkov LLC

• Melissa Spinazzola, Amerisure Mutual Insurance Company

The initial days after notice of a questionable claim from a worker are crucial to the investigation. Hear from experienced industry professionals on what steps need to be taken to investigate a new claim and preserve evidence for litigation. This panel will discuss the important points of contact, questions to ask, and how to obtain necessary information like medical background and surveillance of the worker.

Session 2 - The Guardians of the Community: Public Opinion Turned Financial Justice

• Speakers:

• Felicity McGrath, Kiernan Trebach LLP

• Gracemarie Mende, Arch Insurance Group Inc.

• Michael Olcese, Weber & Olcese, PLC

• Laura Stellacci Szabo, North American Risk Services NARS

According to Magna Legal Services, 84% of jurors surveyed around the country within the last two years reported they needed “to be ‘guardians of the community’ by forcing companies to change bad behavior with large demand awards.” More and more frequently trials have resulted in  verdicts by jurors with large awards against companies and insurers in an attempt to teach corporate America a lesson. Members of the hospitality, retail, and restaurant worlds face an even higher standard under the guise of “The customer is always right.” This panel will share how to combat this in the claims and litigation discovery by developing a complete picture of the underlying claimant and additional witnesses for potential patterns and credibility concerns from prior claims.

Lunch

Session 3 - Claimant Advocacy: Why You Should Rethink Your Priorities for Workers’ Compensation

• Speakers:

• Angela Cabado, Marriott Vacations Worldwide Corporation

• Angela Fowler, American Residential Services, LLC

• Susan LaBar, Lockton Companies, LLC

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

The primary objective of the workers’ compensation claims adjuster is now promoting the claimant’s maximum recovery and return to work, which means the definition of “Success” in workers’ compensation has changed.  While the workers compensation adjuster remains responsible for addressing claim compensability, entitlement to benefits and overseeing the propriety of medical charges with fee schedules and bill review, the focus is now on returning the injured worker to maximum function. Join us as we discuss how this  focus gets lost in the noise of claims administration. 

Session 3 - Consequences to Insurance Strategies and Costs While Managing Claims in the Restaurant, Retail, and Hospitality World

• Speakers:

• Jay Gates CPCU,ARM, AIC, Arthur J. Gallagher & Co.

• Katie Pino , The Hari Group

• Patrick Sodoro, Sodoro Law Group

Learn of the trials and tribulations facing the restaurant, retail, and hospitality industries in the workers compensation arena. These segments were dealt a difficult blow with the COVID-19 pandemic; and while many did not survive, many others are still struggling to recover lost profits and customers. Join the presenters for an interactive session on the current challenges – including getting claimants back to work, increased premiums, and staffing challenges – facing the restaurant, retail, and hospitality industries in 2022 including ongoing COVID-19 recovery. 

Session 3 - Creative Settlement Strategies: Settling Our Differences

• Speakers:

• Brett Adair , Self Employed

• Leslie Batterson, Aon

• Melissa Icban, ARM, Sedgwick

Every day employees head off to work and have something unexpected happen. One commonality among job-related accidents is they create a disruption in someone’s life.  Slower than anticipated healing, uncertain job security, or ongoing financial obligations can be magnified by a convoluted and complex claims process. An employer’s response to a workplace accident and injury can have a significant impact on employee experience, corporate reputation, and market performance. A claims approach with a strong customer focus is of paramount importance. Employers should always be looking for creative ways to settle workers compensation claims, allowing injured employees to move on with their lives, return to work in some productive capacity, and resume the joys of everyday living. Using practical examples and illustrations, this session will identify and describe valuable tools and strategies that can be used to elevate the claims experience and share creative claim strategies designed for settlement. 

Session 3 - Keeping the Claimants At Bay: Immediate Response and Allocation of Resources Required

• Speakers:

• Avery Barrett, Brightwild

• Stephanie Burnstein, Unknown

• Daniel Karp, Fee, Smith, & Sharp, LLP

• Matt Mallory, Mallory Agency

The session is designed to bring to light the changing landscape of claims (and large verdicts) and the more than ever pressing need to allocate the necessary resources, defense counsel, and possibly experts on the front end instead of the seemingly consistent reactive playbook relied upon for adjusting and settling quickly. The panel will discuss the fact that good plaintiff lawyers keep less than 20 cases on their docket and defense attorneys generally have more than 100, requiring a solid strategy for proper allocation of resources throughout the process at all stages. 

Session 3 - Novel Areas and Trends: Interior and Exterior Premises Liability Claims

• Speakers:

• Alicia DePalma, Lockton Companies, LLC

• Joshua Ferguson, Freeman Mathis & Gary, LLP

• Margaret Hackbarth, Constellation

• Krista Lehman-Anderson, Society Insurance

As premises liability claims become more palatable to plaintiff’s counsel, the variety of claims and counts within those claims are increasing. If a claims professional knows what is coming and is presented with alternative options on how to handle the matter, they put both themselves and the insured in a better position. This roundtable will explore the trends impacting both liability and damages in these claims, including negligent hiring and retention, human trafficking, and diversity of experts. Lastly, panelists will address state-specific case law and trends.

Session 3 - Using DEI Initiatives to Reduce Exposure Throughout the Claims Process

• Speakers:

• Kristian Cross, Self Employed

• Vanda Harris, Ironwood Insurance Services

• Willie Kelly, Sterling Seacrest Prtichard

• Caryn Siebert, Gallagher Bassett

This session will focus on how carriers, TPAs, employers, and vendor partners can incorporate DEI initiatives to potentially increase successful outcomes and decrease claims cost/litigation. The panel also will discuss the impact that using diverse physicians, attorneys, and other vendor partners on certain claims may lead to better results through real-life case studies and examples.

Break

Session 4 - BOP and Restaurants: A Unique Relationship

• Speakers:

• Elisabeth Gentile, Freeman Mathis & Gary, LLP

• Anne Jarrell, Attune Insurance

• Michael Marsella, North American Risk Services NARS

Most in the industry think of the Business Owner Policy (BOP) as simply smaller stand-alone GL/PL policies. But, there are distinct differences in coverages, deductibles, endorsements, and exclusions that an adjuster needs to know. This session will focus on restaurants and how the peculiarities of BOP coverage and claims handling. From leaky roofs to employee harassment and faulty equipment, the BOP does a lot, but not everything. Panelists will focus on the restaurant industry and its unique issues, including DRAM shop coverage.

Session 4 - Employee Mental Health Matters

• Speakers:

• Mark Debus, MSW, LCSW, Sedgwick

• Jason Kolecke, Hennessy & Roach P.C.

• Nancy Strubler, National Express Corporation

The workers compensation community has come to realize that employee mental health impacts organizational productivity and performance. The COVID-19 pandemic frequently magnified workplace tension and put further pressure on employee mental health and emotional well-being. This session will address some of latest thinking and research on the impact of mental health at the workplace, share case studies and statistics that illustrate both challenges and potential solutions, and describe how a whole health approach can improve both workplace productivity and performance.

Session 4 - Key Defense Methods for Stopping Nuclear Verdicts® in Premises Liability Cases

• Speakers:

• Desiree Acevedo, Sprouts Farmers Market

• Lainie Johnson, Corvel Corporation

• Richard Somes, Tyson & Mendes LLP

• Don Zeman, Shield Insurance

Plaintiff’s attorneys are using increasingly dramatic tactics to inflate damages in premises liability cases, inciting juror anger and driving the threat of Nuclear VerdictsTM – jury awards of more than $10 million. These tactics need to be met with innovative, strategic defense methods to reduce exposure for retail stores, hotels, and restaurant owners and stop the threat of excessive damages awards. This panel will discuss traditional premises liability defenses and why they do not work against today’s plaintiff tactics. More effective strategies are available for insurance professionals, premises owners, and defense counsel to beat back and disarm plaintiffs’ attorneys in premises liability claims. Finally, the session will examine methods, including accepting responsibility, giving a defense number, and pointing to big values, and why defense methods must focus on developing, presenting, and arguing damages to prevent Nuclear VerdictsTM.

Session 4 - The State of the Controlled Substance Act: New Cases and Uncharted Territory

• Speakers:

• Dawn Hays, UFG Insurance

• Albert B. Randall, Franklin & Prokopik, P.C.

• Christine Tuft, Arthur Chapman Kettering Smetak & Pikala, PA

Does the Controlled Substance Act preempt an order under a state workers compensation law requiring an employer to reimburse an injured worker for the cost of medical marijuana used to treat a work related injury? This issue will impact workers compensation cases across the country in states that have legalized medical marijuana. There is a disparity amongst judicial opinions and no consistency in how to handle. This presentation will help employers and insurers navigate this fluid and evolving topic.

Session 4 - What the Books Don’t Tell You: Frequently Overlooked Investigative Tactics in Litigation

• Speakers:

• Ally Byrd, Jones Walker LLP

• Christine Westberg Dorn, Mooney, Lenaghan, Westberg Dorn, L.L.C

Join this roundtable discussion with litigation professionals examining frequently overlooked tactics to aid in litigation defense. From initial notice of a workers comp claim to preparing for a jury trial, the investigation and preservation of crucial evidence in 2022 can make or break your case.

Session 4 - Workplace Diversity, Equity, and Inclusion: Putting Words Into Action

• Speakers:

• Brad Gronke, Gallagher Bassett

• Faith Mason, Arch Capital Group

• Negar Matian, Matian Law Group

• Kenneth Sharperson, Unknown

The U.S. is projected to become a majority-minority nation for the first time in 2043 and by 2060 57 percent of the U.S. population will consist of racially ethnic minorities, according to data from the U.S. Census Bureau. This means that organizations must create effective solutions to recruit, support, and retain a more diverse workforce. With so many companies increasingly placing a high priority on enhancing diversity, equity, and inclusion, panelists will provide concrete steps to put words into action. This session also will cover five areas of workplace diversity and three strategies to create a workplace where employees from underrepresented groups feel not just seen and heard, but valued, appreciated, and welcomed, helping to achieve optimal results in handling claims in the workers compensation, retail, restaurant, and hospitality industries.

Cocktail Reception