2015 Federal Workers Compensation Conference July 27 29, 2015 Marriott Waterside Tampa, FL MONDAY JULY 27, 2015

Transcription

1 Session 01: Opening Session Level: All Levels Faculty: TBD 7/27/15 8:00 am 9:00 am 2015 Federal Workers Compensation Conference MONDAY JULY 27, 2015 Session 02: OWCP Basic Training (1.5 days) Faculty: Christopher Revenaugh and Timothy Revenaugh 7/27/15 9:15 am 5pm 8:00am 12:00pm This session is designed for employees newly assigned to manage a facility s Workers Compensation Program or employees assigned as a facility Workers Compensation program manager who do not have a Human Resources background and do not know how the Human Resources programs affect workers compensation claims. This session provides the basic best practices, tools, and techniques for effective workers compensation case management. 1. Identify the tools, resources, and knowledge that will enable the trainee to conduct and/or operate an effective Workers Compensation Program at the facility level. 2. Provide sufficient information in each field so the attendee will know when to seek the advice of an expert. 3. Develop basic working knowledge of all the programs that can affect a Workers Compensation claim. Session 03: Managing the Claim Faculty: Mark Baumann, Yvette Talley & Jacqueline Wiser 7/27/15 This course will allow the attendee to develop a course of action when following the various directions a claim can take and initiate or request appropriate action to bring the case to resolution be it return to regular duty, limited duty or permanent total disability. The course will briefly describe what happens or needs to happen when a claim is done, the appeal options, time limitations and agency involvement. Learning objectives: 1. Recognize the multiple steps that may occur during the life of the claim. 2. Identify steps to use in managing cases of Temporary Total Disability.

2 3. Identify practices used to manage long term disability cases. 4. Understand appeal rights and agency involvement in process(es). Session 04: Getting Managements Attention: Why Did the Charge back Go Up? Level: Advanced Faculty: Danna Corbell and Kelly Ireland 7/27/15 Use of the Chargeback Listing is an integral part of any well run FECA program. The Chargeback Listing is a great starting point for an agency to understand what is happening with their FECA program. This session will discuss the use of the Chargeback Listing as a source of program data as well as the development of program measures that are meaningful to management. 1. Use the Chargeback listing to develop program data. 2. Identify and formulate critical program performance measures and analyze results driven data. 3. Identify techniques and tools for communicating program goals and achievements to top management. Session 05: Return to Work Faculty: Catherine Carter, Esq., Jim Gordon, Esq. and Joe Remmell 7/27/15 This session is for compensation specialists involved in returning employees to work. The class will discuss the application of 20 C.F.R , and its implementing procedures at FPM such as when a temporary light duty assignment is appropriate outside the confines of 8106, establishing the principle that a claimant who is capable of earning wages equivalent to his date of injury wages is not entitled to compensation. This session will also cover the definition of suitable employment within the meaning of 5 U.S.C and its implementing regulations as well as OWCP s procedures regarding the suitable employment process. The presenters will discuss legal requirements, concrete examples and recent developments in ECAB case law from both OWCP s and the agency s perspectives. 1. Identify the basic procedures for developing a temporary light duty assignment versus determining whether a job constitutes suitable employment within the meaning of FECA. 2. Discuss the procedural requirements for each situation. 3. Explain how OWCP will treat a refusal in each situation.

3 4. In determining suitable employment and 8106, discuss how to craft job offers that cover all the necessary elements and how helping OWCP by presenting a valid job offer up front will both speed up the process and enhance the chances of the success of the process. 5. Discuss landmark and recent ECAB decisions regarding suitable work and other return to work issues. Session 06: Reasonable Accommodation: Mastering The Balancing Act (Section 501) Level: Advanced Faculty: Bruce & Alison Mangels 7/27/15 Finding that optimal balance between getting the work done and protecting employee rights and entitlements is an elusive point for most agency officials involved in handling reasonable accommodation issues in the workplace. As agency Workers Compensation specialists, human resource specialists, attorneys, and union representatives, you must ensure that the business of the agency is accomplished as efficiently as possible while compliance with laws and regulations remains steadfast. Given that the ADA Amendments Act resulted in more Federal employees being covered under the laws, the real focus for agency officials is now on the accommodation process itself. Can the employee be accommodated? What are the options? When does reasonable tip over into hardship? This session will attempt to help you answer these questions by using recent case law to identify lessons learned by Federal agencies. Did the agency fall short of providing the employee his/her rights? Did the agency go too far? Or did they strike the right balance? While the basic coverage and requirements of the ADA/Rehabilitation Act will be addressed, it will be discussed as we look into recent decisions issued by the EEOC and the Federal courts regarding claims of failure to reasonable accommodate. Although the laws and regulations in this area do not differentiate between work related and non work related disabilities or limitations, the cases selected for discussion involve employees with disabilities resulting from work related injuries. 1. Identify the general purpose and coverage of both the Americans with Disabilities Act and the Rehabilitation Act for Federal employees to include changes brought about by the ADA Amendments Act of Identify appropriate agency responses to reasonable accommodation issues in the workplace. Session 07: Human Resources Issues Impacting Injury Compensation Faculty: Christopher Inserra 7/27/15 The purpose of this session is to provide information to the ICPA in determining the effects FECA Benefits have on other Federal Benefits. Instruction will be given on actions needed to be taken by the

4 ICPA with respect to Federal Benefits when an employee is injured on the job. Guidance will be provided on the effect of, and actions needed, on Leave Accrual, FEHB, FEGLI, TSP and Return to Work. 1. Explain the transfer of FEHB, FEGLI, and FEDVIP to OWCP to ensure no interruption of these benefits. 2. Discuss the effects of separation/retirement on Return to Work (RTW) efforts. 3. Describe the Separation Actions if RTW is not possible. Session 08: Representatives Course Information TBD Session 09: Medical Evidence and the FECA: Is the Process Administrative or Medical? (repeated) Faculty: Craig DeMello 7/27/15 This session provides some essential basics for those just starting out in Workers Compensation. Topics covered will include: Medically Managing Long Term Cases, Reviewing Medical Evidence within the Context of Meeting the Five Basic Requirements of a Claim. The role of Agency Directed Examinations, IMEs and Second Opinions, Medical Narratives, Functional Capacity Evaluation and How do Pre Existing Conditions Affect a Claim? 1. Recite the critical elements of the medical narrative as defined by FECA Regulations and procedural requirements. 2. Review and identify medical information in support of a claim. 3. Explore the basic options of medical management of a claim. Session 10: Disputes for Dummies Faculty: Danna Corbell and Jacqueline Wiser 7/27/15 This course serves to build on the information provided in the OWCP Basic course which is recommended as a pre requisite to this course. This will be an interactive course which will allow participants to work with various situations and scenarios commonly involved in developing the agency s position. Discussion will include how to determine if a case merits a dispute and the evidence required to support the agency s position. This session provides the basic tools and techniques for effective workers compensation case management.

5 1. Identify the tools, resources, and knowledge that will enable the trainee to develop an agency dispute. 2. Provide sufficient information to dispute a claim. 3. Develop basic working knowledge of the steps involved in an agency dispute. Session 02: OWCP Basic Training continuation Tuesday, July 28 Session 11: Understanding the Adjudication Process: What Goes on Inside the Black Box Faculty: Julia Tritz & Jacksonville Office? This session is designed to familiarize participants with the fundamentals of adjudication from a claims examiner s perspective. Decisions are based on the written record and participants will learn how claims examiners satisfy case deficiencies. Participants will also learn what information claims examiners look for in continuation of pay (COP) controversions as well as claims the agency plans on disputing/ contesting. 1. Recite the fundamentals of adjudication from a claims examiner s perspective. 2. Identify the essential elements that must be satisfied before a claim is accepted. 3. Describe how a claims examiner develops the record. 4. Discuss the roles of the Claims Examiner in communicating with the ACS medical authorization and bill payment center. Session 12: Subrogation: Third Party Claims Faculty: Paul Klingenberg, Esq. and Alexandra Tsiros This session will provide a basic understanding of the laws, regulations, and procedures governing the reimbursement to the United States that is required by operation of law under 5 U.S.C when a FECA claimant receives money or other property from a third party that was responsible for causing the employment injury. Section 8132 of the FECA provides a statutory formula for determining the refund due to the United States when such a recovery is made. Topics addressed will include identification of cases where a third party claim should be pursued and the regulations at 20 C.F.R The session will include references to the OWCP website, and 20 C.F.R.

6 1. Identify situations (i.e.: dog bite, trip and fall by a third party while employee was in the performance of duty) that raise a potential for recovery from responsible third party. 2. Cite the sources of information (law, regulations and OWCP procedures) relevant to third party subrogation under the FECA. 3. Explain the Agency s role in assisting DOL in ensuring that claimants fulfill their responsibilities under 5 U.S.C and 8132 and the implementing regulations. Session 13: Dealing with Misconduct Involving Injured Employees Level: Advanced Faculty: Thomas Lanphear, JD This session will provide an overview of the process for correcting employee misconduct in the workplace, including types of misconduct which typically arise with injured employees. The presenter will discuss fact finding and evidence, establishing a nexus, burdens of proof, addressing the Douglas Factors, and determining appropriate penalties. The session will also discuss how some of these issues impact the management of job related injuries and claims. NOTE: This session addresses workplace misconduct in general. 1. Identify the key players and their roles in responding to employee misconduct: supervisors, managers, and HR specialists. 2. Discuss the nature of the misconduct and the appropriate discipline or corrective action. 3. Identify the basic requirements of a proper and sustainable action. Session 14: Continuation of Pay Faculty: Joseph Remmell This session will discuss the basics of Continuation of Pay (COP): What is it? How is it counted? How can we track it? Who is entitled and for how long? How and when to terminate? This session will discuss the respective roles of OWCP and the Agency in the COP process. 1. Determine entitlement and calculate continuation of pay. 2. Identify the basis for controversions as defined by regulation. 3. Identify situations which might prompt the supervisor to conduct an investigation. 4. Develop evidence to support controversion to OWCP.

7 Session 15: Management of Occupational Disease Claims Faculty: Craig DeMello This course will provide an overview of occupational disease claims and address the difference between basic occupational disease claims and extended occupational disease claims, specifically regarding stress claims. This course will explain timely filing of occupational disease claims specifically when there is a claim for a latent injury/condition. A substantial amount of the course will address stress claims, identifying compensable and non compensable factors of employment when a stress claim is filed, allowing the agency representative to identify whether or not the allegation(s) are compensable in the performance of duty. 1. Discuss the difference between a claimant timely filing a CA 1 and CA Describe the employing agency s role in providing the claimant with guidance and direction. 3. Discuss the difference between basic occupational disease and extended occupational disease claims. 4. Describe the difference between compensable and non compensable factors of employment in stress claims. Session 16: Best Tools to Manage Complex WC Cases Level: Advanced Faculty: David Hull, Nicole Kelsch, Roger Morrison The thesis of this session is that Return to Work is the best way to reduce unnecessary Workers Compensation costs across the board. Employees who possess work capacity are REQUIRED to return to any suitable job offered by the employer or potentially face the loss of OWCP compensation benefits. Many Federal agencies do not take advantage of tools available to them for helping the agency staff determine whether work capacity exists. Applying these tools in a coordinated fashion will help the agency ensure the best outcome and return on investment. These tools are: Occupational Medicine Reviews Surveillance Agency Medical Exams Prosecution

8 Occupational Medicine Reviews can be used to help determine whether the clinical documentation supports the degree of disability, and help make a decision about the need for surveillance. Agency physician correspondence with the treating provider may obtain more critical evaluation of a claimant s capacity, including ordering a functional capacity evaluation. Agency Occupational Medicine physicians can also assist the Workers Compensation staff in crafting the questions for an external agency medical exam when indicated, and reviewing the AME report to help determine if supplemental information is needed. Where a FECA case is so questionable that surveillance is required to help determine the extent of medical impairment, the resulting documentary evidence should be reviewed by a qualified physician. Options include written review of the video documentation, with clinical observations relevant to the recommended restrictions, and Agency Medical Exam. The visual and documentary evidence of physical capacity can benefit from a qualified physician s detailed written narrative explaining their reasoned medical opinion. Review of the video evidence by a physician gives the surveillance & investigation results more weight at OWCP, and increases the chance that the video documentation will also be included in the materials for a second opinion to review. In the Code of Federal Regulations at 20 CFR Part 10, the governing regulation on FECA states that OWCP must consider all evidence in the file, specifically including investigations by agencies. However, the evidence produced by such investigations, standing alone, may tend to be tossed at the Claims Examiners whim. Medical reports that establish a conflict in objective medical evidence MUST be considered and when that evidence includes a medical evaluation of surveillance and investigation evidence it gives greater weight to such evidence which may well turn the tide on abusive or exaggerated claims. In this session we will present and discuss case scenarios which include brief tapes of surveillance highlights. We will address case circumstances that will help you decide how best to use the information when should you approach the treating provider with evidence? When might a FCE help? How can you utilize your Occupational Medicine resources to help negotiate with the treating provider or make your case with the CE? When is an agency medical exam indicated, and how can you ensure you get the best outcome from this investment? For those inevitable questions that arise during the session regarding prosecution of claimants for fraudulent claims, Larry Regan, an expert on FECA claims prosecution, will provide guidance. 1. Describe the use of Occupational Medicine reviews to help evaluate clinical evidence related to disability. 2. Review rules on Agency Medical Exams and Administrative Investigations/Surveillance. 3. Discuss the application of joint AME and Investigations. 4. Examine the prosecution of fraudulent claims following Administrative Investigations. Session 17: My Employee is Injured, Now What?: Training your Supervisors Faculty: Mark Baumann and Yvette Talley 6/28/15

9 This session provides an overview of the fundamentals involved in the initial management of a workers compensation claim. Clearly define the roles and responsibilities of the supervisor and the employee when an injury occurs. It expands on the FECA Overview to specifically address the claims process and the actions required to ensure injured workers receive all benefits to which they are entitled by law and concurrently protect the interests of the agency. 1. Identify the appropriate response and action to be taken by a supervisor when an employee is injured on the job 2. Understand the importance of timely filing of claims 3. Understand how to determine the employee s duty status and appropriate leave status 4. Understand the importance of accident investigation 5. Understand the involvement of other parties in responding to the injury Session 18: Medical Evidence and the FECA: Is the Process Administrative or Medical? (repeated) Faculty: Craig DeMello This session provides some essential basics for those just starting out in Workers Compensation. Topics covered will include: Medically Managing Long Term Cases, Reviewing Medical Evidence within the Context of Meeting the Five Basic Requirements of a Claim. The role of Agency Directed Examinations, IMEs and Second Opinions, Medical Narratives, Functional Capacity Evaluation and How do Pre Existing Conditions Affect a Claim? 1. Recite the critical elements of the medical narrative as defined by FECA Regulations and procedural requirements. 2. Review and identify medical information in support of a claim. 3. Explore the basic options of medical management of a claim. Session 19: What Is the MSPB & How Does It Apply to Injured Employees? Faculty: Bruce Suskie This session will discuss the jurisdiction of the Merit Systems Protection Board (MSPB) in regards to appeals filed by injured Federal employees. The session will address the types of actions that may be appealed to MSPB, the appeals process, and the distinction between the jurisdiction of MSPB and DOL, ECAB, EEOC, and other such bodies.

10 The session will focus on actions involving Workers Compensation cases and injured Federal employees. Recommended follow up sessions are MSPB/OWCP: Balancing the Scales of Justice, and Dealing with Misconduct 1. Explain a basic understanding of the role of the MSPB and the Board s jurisdiction to hear appeals from injured employees. 2. Discuss the relationship between the MSPB, ECAB, EEOC and other third party reviews as it pertains to injured employees. 3. Describe the issue of venue shopping between FECA, EEO, and other authorities. Session 20: FECA Fraud Level: Advanced Faculty: Catherine Carter, Esq. and Timothy Revenaugh This session will provide investigators, claims managers, examiners, and others working in the FECA arena with a discussion of various issues relating to FECA fraud. The following topics will be discussed: a) laws under which the fraud may be litigated; b) interaction of criminal prosecutors and civil litigators with investigators and agency representatives; c) the effect of criminal convictions. 1. Identify ways in which FECA fraud can arise (Criminal and Civil). 2. Learn about Department of Labor resources devoted to FECA fraud. 3. Learn about the protocols for obtaining a loss to the government calculation and for handling evidence when an investigation is completed. 4. Learn about the effects of a FECA fraud conviction on a claimant or medical provider. 5. Learn about how FECA entitlement is affected by a claimant s felony imprisonment for a conviction unrelated to FECA fraud. Session 21: Performance of Duty Faculty: Catherine Carter, Esq. and Jim Gordon, Esq. This session will explain the basic principles of performance of duty determinations under the Federal Employees Compensation Act. Participants will develop an understanding of the going to and coming from work rule (and its exceptions); the premises rule; and coverage in travel status and while on special missions. The three statutory exclusions from coverage (willful misconduct, intent to injure self or another, and intoxication) will also be discussed. Participants will also develop an understanding of

11 the principles for distinguishing between those administrative and personnel actions, which are normally not regular or specially assigned duties and not within the coverage of the FECA. Also those administrative or personnel actions which, because they have resulted from erroneous or abusive actions of the employing agency, are properly considered compensable factors of Federal employment. 1. Employ the basic principles of performance of duty determinations ( arising out of and in the course of employment ) under the FECA. 2. Apply to hypothetical factual scenarios: the premises rule; the going to and coming from work rule; the Cutler rule; the rules governing workers on special missions and in travel status; and the statutory exclusions. 3. Identify recent significant developments in Employees Compensation Appeals Board decisions on performance of duty issues. Session 22: CA 7 s and Leave Buy Back Faculty: Mark Baumann and Yvette Talley The session is designed to address employees who elect to use annual and/or sick leave for periods of disability from an accepted work related injury or illness and who may be eligible to buy back the leave used for these absences. This session will discuss the steps involved, the responsibilities of the employing agency and employee, and the potential tax implications of the process. In addition, the speaker(s) will address actions required to correct the employee s leave record and personnel record. Attendees must have a basic working knowledge of the management of a Workers Compensation program. 1. Discuss the processes involved, the methods for gathering information, and the tax implications of leave buy back. 2. Describe steps in completing required forms and supporting documentation. 3. Explain the actions needed to correct the employee s records. Session 23: Aggravations, Recurrences, Consequential & Intervening Injuries. Oh, My! (repeated) Faculty: Michael Arighi This session will discuss how to identify aggravating and pre existing conditions, i.e., understand what constitutes such conditions, temporary vs. permanent, and how to recognize them. The session will focus on the different kinds of causal relationships and their impact on an aging workforce. Often causal

12 relationship is at issue in such cases. This session will help you understand the medical evidence, which is required to establish a connection between the injury and the condition found. 1. List the kinds of causal relationships and the medical evidence required to establish a claim when a pre existing medical condition is apparent. 2. Identify the differences between direct causation, aggravation, acceleration and precipitation. 3. Describe consequential and intervening injuries, which may occur outside the performance of duty. Session 24: MSPB/OWCP: Balancing the Scales of Justice Level: Advanced Faculty: Tom Lanphear, JD This course is intended to provide an advanced discussion of how Workers Compensation claims may affect other personnel actions. From adverse actions, to retirement, to restoration, to duty claims, and even reductions in force, many of these common personnel issues that the Merit Systems Protection Board (MSPB) has jurisdiction to review (and reverse!) may be affected by an employee s compensation claim and OWCP s action on it. NOTE: This is an advanced discussion of recent and significant MSPB and court decisions. 1. Discuss the general role of the MSPB in regards to personnel actions involving worker s compensation issues and the differences in authority and jurisdiction of the MPSB versus the DOL. 2. Explain recent and significant Board decisions and other case law which reflect the difficult and often confusing interplay between MSPB and DOL.

13 Wednesday, July 29 Closing Session 25: Panel of Experts Question and Answer 8:00 am 8:45 am There s nothing like getting the straight story directly from a panel of experts. This session provides participants an opportunity to ask specific questions of the Department of Labor s OWCP program leaders and technicians as well as agency representatives. Get your questions answered directly from the source. Session 26: Accident Investigation Faculty: Kelley Ireland This course will provide an overview of fundamentals of accident investigation. We will discuss the rationale for conducting investigations and how supervisors provide the primary foundation for agency cost savings. Supervisors will learn their very important roll and potential to assist in reducing payout of worker s compensation claims, OSHA citations and TORT costs. Supervisors will also learn to identify hazards, create a safer work environment and minimize accident trends. 1. Develop supervisory knowledge base to conduct thorough Investigations, Accident investigation tips, techniques and collection tools. 2. List six keys to write a thorough accident report that may later be used by OWCP, OSHA or in litigation. 3. Describe direct versus indirect costs of accidents/injuries. 4. Identify causes, contributing factors and trends in the work unit. 5. Accident prevention countermeasures. Session 27: TBD Information TBD Session 28: Covering the Bases: Managing the Interplay Between OWCP, EEO & Employee Relations Level: Advanced Faculty: Bruce Suskie, David Hull, MBA, Alison Mangels

14 When can an injured employee file a claim of discrimination in regards to his or her claim? Can the supervisor require the employee to do something that FECA doesn t require? How do you deal with a request for reasonable accommodation from an employee with both a work related injury and nonwork related limitations? These and other difficult questions are examples of the focus of this session which will use a scenario based, highly interactive process to help participants recognize when and where overlap exists and how they can best respond or advise their customers. 1. Recognize how other EEO and their employee relations issues impact the management of injured employees. 2. Discuss the rules and regulations, including employee rights and entitlements, which very often impact the management of a FECA claim. Session 29: The Privacy Act Faculty: Paul Klingenberg This session will explain the basic principles of the Privacy Act of 1974, with an emphasis on the importance of Privacy Act considerations when using information from workers compensation records. The session will also cover OWCP s regulations and procedures regarding disclosure of information and the proper employing agency treatment of copies of OWCP records maintained in the employing agency s possession. 1. Discuss the Privacy Act and OWCP regulations regarding disclosure of workers compensation information. 2. Apply the principles in the Privacy Act to specific information request situations. 3. Identify recent developments affecting disclosure determinations. Session 30: Analyzing the Chargeback Faculty: Christopher Inserra This session will focus on effective management tools for long term periodic roll cases. The speaker will provide instructions on how to prioritize and review the annual chargeback reports and how to identify claims with potential for re employment opportunities. Techniques for communicating with the attending physicians, OWCP, nurses, rehabilitation counselors and the injured worker will also be discussed. In addition, attendees will learn how to effectively work with DOL periodic roll managers. Attendees must have working knowledge managing worker s compensation programs.

15 1. Prioritize claims for potential resolution. 2. Identify strategies for effective management of long term cases. 3. Identify techniques for achieving effective communication with all parties. Session 31: Injured Workers Retirement Options Faculty: Nicole Kelsch This session is designed as an intermediate retirement class which will provide an in depth overview of both CSRS and FERS retirement systems to assure on the job injured employees are appropriately advised on all potential benefits. This session will provide you with an understanding of retirement eligibility, creditable service, annuity formulas, survivor and death benefits, coordination of benefits, and returning employees back to work. You will also learn how the employee s entitlement to workers compensation benefits affects present and future retirement and survivor annuity rights under CSRS and FERS retirement systems. 1. Identify retirement options to determine eligibility. 2. Demonstrate an understanding of benefits to ensure employee rights preserved in the event OWCP benefits are terminated. 3. Describe coordination of benefits between OWCP and OPM. Session 32: Gold Nuggets of Medical Issues Faculty: David Hull, MBA and Nicole Kelsch This session discusses the fundamentals of the acquisition or development of Federal employee medical information by employing agencies. The session defines the various requirements for medical information depending upon the type of benefit being sought by the employee and the obligations and restrictions of the employing agency in acquiring and considering such information when making informed employment related decisions. The basic level session emphasizes the Workers Compensation aspect of medical related issues with brief comparisons to other interrelated scenarios where medical information is required. 1. Identify the various situations encountered in Workers Compensation cases that require Federalemploying agencies to obtain, review, consider and act on objective medical evidence.

16 2. Describe the medical evidence required to obtain FECA benefits and the employee s obligation to provide such. 3. Identify what is permissible and what is prohibited in seeking, accessing, reviewing or sharing employee medical information. Session 33: ECOMP: Your Agency s Workers Compensation Management Solution Faculty: Christopher Revenaugh Studies have shown that accelerated exchanges of information during the lifetime of a work injury can lessen the cost of claims and result in a positive outcome for the injured worker. The speed at which information is exchanged between parties largely determines when a claims examiner accepts a claim, when medical treatment is approved and how long patients must wait to receive medical care. Those actions directly impact the pace of healing, the injured worker s attitude about returning to work and, ultimately, the costs borne by the taxpayer for the payment of claims. OWCP s ECOMP system is a public facing, universally accessible web portal designed to electronically file and upload Federal workers compensation forms, documents and evidence with the Department of Labor. ECOMP was designed to assist claimants by facilitating claims processing and to assist Federal Agencies in managing their workers compensation and safety programs in order to improve case outcomes. 1. Learn how ECOMP can help your Agency exceed certain POWER goals by improving the timely filing of workers' compensation claims forms (CA 1s, CA 2s and CA7s). 2. Discover the benefits of using ECOMP s report generating applications. With ECOMP s basic reports suite, you can run OSHA logs (300 and 300a), POWER reports, and Occupational Injury and Illness Reports to study trends and conduct risk management assessments for your agency. 3. Learn about DOL s regulatory requirement for agencies to offer a method of electronically filing FECA forms. 4. Learn about the ability for ECOMP enabled agencies to securely view FECA case files remotely. Session 34: Using the Tools: Effective Case Management Faculty: Joseph Remmell Effective case management has been recognized as a key win win strategy in workers compensation for many years. Quality case management can drastically reduce total program costs, preventable lost time, and lost production days. There are things that the agency can do when barriers arise that delay

17 or halt the process to case resolution. Attendees will learn how to establish professional rapport with the injured worker; how to communicate with the Claims Examiner/Nurse Case Manager; when to request a Second Opinion Exam, when to request an Agency Medical Exam; how to make a valid job offer; when/how to effectively correspond with the treating physician and the claimant; how to facilitate continuity of care; and how to identify the red flags indicative of possible fraud or malingering. 1. Summarize the steps to walk through a variety of case scenarios from beginning to resolution. 2. Describe the issues and factors that are typical of what occurs during the process of case management. 3. Identify strategies to address the most challenging and frequently occurring scenarios. Session 35: Writing to Win Faculty: Danna Corbell and Kelley Ireland This session is designed to provide the necessary tools to effectively respond to requests for reconsideration, Hearings and Review, development letters initiated by Department of Labor (DOL) to properly prepare an agency position paper, challenge or controversion. Learn techniques to present evidence and arguments to the DOL and to request appropriate action. Through an interactive discussion, attendees will learn to tailor their writing style to their intended audience, how to clearly, effectively and persuasively present their position to that audience, and how to support the position with the factual evidence, witness statements, case law, and statutory and regulatory authority. 1. Analyze your audience (i.e., DOL, Hearings and Review, physicians, etc.). 2. Demonstrate elements of persuasion. 3. Present information in clear and concise statements based on factual information in the record. 4. Describe how to support your position in an agency challenge, reconsideration, hearings and review, requests for medical clarification or release to work clearances. Session 36: Continuation of Pay (repeated) Faculty: Joe Remmell This session will discuss the basics of Continuation of Pay (COP): What is it? How is it counted? How can we track it? Who is entitled and for how long? How and when to terminate? This session will discuss the respective roles of OWCP and the Agency in the COP process.

18 1. Determine entitlement and calculate continuation of pay. 2. Identify the basis for controversions as defined by regulation. 3. Identify situations which might prompt the supervisor to conduct an investigation. 4. Develop evidence to support controversion to OWCP. Session 37: Aggravations, Recurrences, Consequential & Intervening Injuries. Oh, My! (repeated) Faculty: Michael Arighi This session will discuss how to identify aggravating and pre existing conditions, i.e., understand what constitutes such conditions, temporary vs. permanent, and how to recognize them. The session will focus on the different kinds of causal relationships and their impact on an aging workforce. Often causal relationship is at issue in such cases. This session will help you understand the medical evidence, which is required to establish a connection between the injury and the condition found. 4. List the kinds of causal relationships and the medical evidence required to establish a claim when a pre existing medical condition is apparent. 5. Identify the differences between direct causation, aggravation, acceleration and precipitation. 6. Describe consequential and intervening injuries, which may occur outside the performance of duty.