CONFERENCE BROCHURE TXANS Annual Nonsubscriber Conference & Exhibition April 30 May 1, 2014 Austin Texas

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1 For nearly 25 years, TXANS Annual Nonsubscriber Conference & Exhibition has provided valuable insight and useful tools to support the management of responsible nonsubscriber benefit programs. If your company operates as a Texas nonsubscriber, is exploring the Texas nonsubscriber option or offers products or services to Texas Nonsubscribers, you cannot afford to miss this informative event. GENERAL SESSION ANNUAL CASE LAW REVIEW Historically one of our most popular sessions, TXANS Annual Case Law Review focuses on the year s most relevant nonsubscriber cases. A panel of nonsubscriber attorneys will outline the cases that warrant your attention as they could necessitate changes to your nonsubscriber program. For example, new case law relating to the establishment of a time period during which a legal action can be brought under a benefit plan, new considerations for arbitration, the right to pursue a third party (subrogation), legal fees and legal defenses available to Texas nonsubscribers. MODERATOR Stuart Colburn, Esq Downs Stanford PANELISTS Nick Bettinger, Esq McDonald Sanders Jeffrey Hagelman, Esq Whataburger Tom Jacks, Esq Underwood Perkins Darryl Silvera, Esq The Silvera Firm 21ST CENTURY NONSUBSCRIPTION VERDICT RISK HOW YOU CAN PROTECT YOUR COMPANY Following the annual case law presentation we'll dig deeper into litigated and arbitrated disputes. 21 st Century Nonsubscription Verdict Risk is based upon a recent analysis of nonsubscriber verdicts and claim outcomes. Many years of examining cases has revealed patterns that may help to determine steps that can be taken early on to achieve favorable outcomes. A panel of litigation strategists will focus on identifying trends with the goal of mitigating exposure at claim infancy, through arbitration and trial. MODERATOR Clint Cox, IV, Esq Fee Smith Sharp & Vitullo PANELISTS Emily McDonald, PhD Bloom Strategic Consulting NEW HOST HOTEL REGISTER TODAY TO TAKE ADVANTAGE OF DISCOUNTED ROOM RATES The Hyatt Regency Austin on the shores of scenic Lady Bird Lake will serve as the host hotel for TXANS 2014 Nonsubscriber Conference & Exhibition. Special room rates of $189 single/double are available to TXANS guests until April 9, 2014 (subject to availability). For reservations, please visit or call (888) and reference TXANS Annual Nonsubscriber Conference & Exhibition. The Hyatt Regency Austin is located at 208 Barton Springs Road Austin TX Kent Williamson, Esq SettlePou TXANS 807 Brazos Street Suite 802 Austin TX (512)

2 LEARNING LABS CONFERENCE BROCHURE UNDERSTANDING THE RELATIONSHIP BETWEEN TEXAS NONSUBSCRIBER LAWS & FEDERAL EMPLOYMENT LAWS Depending on your organization, those handling workplace injuries are not always involved in human resources. The reality is managing a nonsubscriber claim adds another layer to an already complex web of federal laws and regulations. This program will consider federal employment laws and walk you through issues to consider when integrating them with Texas nonsubscriber laws in the context of a nonsubscriber workplace injury. Claudine G. Jackson Brackett & Ellis, PC LEGAL CONSIDERATIONS FOR NONSUBSCRIBER LIFTING INJURY & PREMISES LIABILITY CLAIMS This presentation will walk through the legal landscape of two of the most common nonsubscriber claims lifting injuries and premises liability. Lifting and premises liability claims are common in nonsubscriber claims and several recent court decisions have changed the way employers and claims and insurance professionals should address and respond to these claims. Texas nonsubscriber attorneys Karl Seelbach and Trek Doyle will offer guidance on how these claims should be handled including the investigation, claim, and litigation phases. S Trek Doyle, Esq Winstead FRAUD INVESTIGATION IN THE DIGITAL AGE Fraudulent claims cost employers, insurers and the injury benefit system tens of billions of dollars each year. Social media sites like Facebook, Twitter and YouTube have opened up new opportunities for professional investigators to find evidence of injury benefit fraud. However legal experts warn certain legal issues must be addressed when obtaining information from social media outlets. This program will explore important issues relative to fraud investigation and offer specific do's and don ts for both employers and industry professionals who investigate fraud in the digital age. Brian White DiggIT Karl Seelbach, Esq Winstead DON T MISS TXANS NONSUBSCRIBER EXHIBITION PLAN TO SPEND PART OF YOUR DAY VISITING TXANS 2014 NONSUBSCRIBER EXHIBITION TO LEARN MORE ABOUT THE MANY PRODUCTS AND SERVICES AVAILABLE TO SUPPORT YOUR TEXAS NONSUBSCRIBER PROGRAM. EXHIBITS WILL BE OPEN FROM 8:00 AM TO 3:00 PM IF YOU ARE INTERESTED IN SERVING AS A CONFERENCE SPONSOR OR EXHIBITOR, COMPLETE DETAILS ARE AVAILABLE IN TXANS MARKETING PROSPECTUS AVAILABLE FOR DOWNLOAD AT TXANS 807 Brazos Street Suite 802 Austin TX (512)

3 LEARNING LABS CONFERENCE BROCHURE PHARMACEUTICAL COMPOUNDING IN THE CONTEXT OF OCCUPATIONAL INJURIES WHAT YOU NEED TO KNOW Pharmaceutical compounding is the creation of a particular pharmaceutical product to fit the unique need of a patient that when used correctly, provides something that is not commercially available but may be medically necessary. Seen by some as an alternative to opioid therapy, an increasing number of compounds are being prescribed to injured workers. And because they may not always be the best alternative, new challenges are emerging for payers to know what to cover and not to cover. This session will offer an in depth look at pharmaceutical compounds, including the pros and cons of compounds, and arm you with helpful tips to allow you to determine if a compound is the right solution for your injured worker. Kendra Karagozian, PharmD mymatrixx EVIDENCE-BASED TOOLS FOR IMPROVING HEALTH AND RETURN-TO-WORK OUTCOMES The Official Disability Guidelines (ODG) is a medical and return-to-work management tool adopted for medical necessity determinations. ODG utilizes evidence-based data to support the decisions of claims administrators in not only medical treatment decisions but also reserving and return-to-work scenarios. Because ODG is being utilized with increasing frequency in the occupational setting, this program will examine outcomes since Texas adopted ODG and offer tips for claims professionals looking to utilize this resource to improve health and return-to-work outcomes. Phil LeFevre Work Loss Data Institute, LLC THE NEW OSHA A MORE AGGRESSIVE APPROACH AND WHERE WE RE HEADED OSHA has been much more active in recent years inspecting work sites and targeting industries in search of violations. JoAnn Natarjan a federal OSHA compliance specialist will provide a valuable OSHA update focusing on where today s efforts are concentrated, modifications to current regulations, plans for change and steps employers can take to avoid costly fines. Learn more of significant modifications to the hazard communication standards along with a plan to require employers to publicize injury records. Ms. Natarjan will also be armed with helpful resources to aid with compliance. JoAnn Natarjan OSHA TOP REASONS TO ATTEND EDUCATION AFFORDABILITY NONSUBSCRIBER MARKETPLACE CONVENIENCE IDEA SHARING ACCREDITATION TXANS 807 Brazos Street Suite 802 Austin TX (512)

4 NONSUBSCRIBER EXHIBITION TXANS Nonsubscriber Exhibition will feature an array of companies from all facets of the Texas nonsubscriber market. Plan to spend part of your day exploring the services available to support your nonsubscriber program. TXANS Nonsubscriber Exhibition will be open on Thursday, May 1st from 8:00 AM to 3:00 PM. Representatives will be on hand to meet and share information on their products and services. MODERATORS STUART COLBURN, ESQ Downs Stanford Stuart Colburn is a shareholder who opened the Austin office of Downs Stanford, P.C., routinely handling workers compensation, non-subscriber, subrogation, and bad faith litigation. Mr. Colburn has extensive experience in all phases of dispute resolution before the Texas Department of Insurance, Division of Workers Compensation and in district courts across the state. Mr. Colburn is board certified in workers compensation by the Texas Board of Legal Specialization. Mr. Colburn is also the Course Director of the State Bar of Texas Advanced Workers Compensation Seminar and the Texas Workers Compensation Forum. He founded and serves as the Chair of the State Bar of Texas Workers Compensation Section. CLINT COX, IV, ESQ Fee Smith Sharp & Vitullo Clint Cox is a Martindale-Hubbell AV-Rated Preeminent attorney who came to Fee, Smith, Sharp and Vitullo after serving as a Captain in the United States Air Force and in management for the General Electric Company. In recent years, and on several occasions, Super Lawyers Magazine selected Mr. Cox as Super Lawyer and Rising Star, for lawyers who rank in the top 5% of the best lawyers. Mr. Cox is litigation and trial counsel for clients in a broad range of commercial, business, insurance coverage, employment, catastrophic tort, transportation, construction and general tort defense matters. He also represents companies and their principals in non-litigation contexts, including defending government actions. Mr. Cox also counsels his clients on improving their corporate policies, safety programs, claims administration and compliance with State and Federal law. SPEAKERS NICK BETTINGER, ESQ McDonald Sanders Fort Worth, Texas Nick Bettinger has worked with Texas nonsubscribers for 20+ years. Mr. Bettinger s practice focuses on the legal requirements to become a nonsubscriber, preparation of welfare benefit plans, educating management on proper administration of injury benefits plans, training supervisors on workplace safety, counseling employers on specific claims, and representing employers in lawsuits and arbitration proceedings brought by Injured employees. TREK DOYLE, ESQ Winstead Trek Doyle has represented corporate and individual clients in a wide variety of civil and criminal litigation matters in state and federal trial and appellate courts. Mr. Doyle manages a sizeable docket of employment-related litigation matters and his clients include Fortune 50 and Fortune 100 corporate retailers. JEFFREY HAGELMAN, ESQ Corporate Counsel-Employment Whataburger Jeff Hagelman is Corporate Counsel-Employment for Whataburger Restaurants, LLC. Mr. Hagelman provides legal support for Whataburger on issues related to employment and labor law and human resources practices. Mr. Hagelman is Board Certified in Labor and Employment law by the Texas Board of Legal Specialization. TXANS 807 Brazos Street Suite 802 Austin TX (512)

5 SPEAKERS TOM JACKS, ESQ Underwood Perkins Tom Jacks is senior counsel practicing in commercial litigation and intellectual property litigation with extensive experience in matters involving patents, trademarks and copyrights in state and federal courts and before the United States Trademark Trial and Appeal Board. Mr. Jacks' practice also focuses on commercial litigation matters involving business torts and disputes related to contracts, employment, construction, farm, motor vehicle, and premises liability. CLAUDINE JACKSON, ESQ Brackett & Ellis Fort Worth, Texas Claudine Jackson's practice involves medical and professional malpractice, employment litigation, product liability, and general tort litigation, including mass tort claims. She also practices in the area of commercial litigation, handling contract disputes, fraud claims, and consumer protection issues. Ms. Jackson has been recognized by Texas Monthly as a Texas Rising Star and by Fort Worth Magazine as a Top Attorney in Labor and Employment Law, Employer and Medical Malpractice, Defense. KENDRA KARAGOZIAN, PHARMD Director of Clinical Strategy mymatrixx Tampa, Florida Kendra Karagozian is the Director of Clinical Strategy for mymatrixx, a workers compensation pharmacy and ancillary benefit management firm for workers compensation. Ms. Karagozian provides clinical expertise to clients including formulary management, drug therapy management, reporting and analysis. With over ten years of professional experience in pharmacy benefits management, retail pharmacy, and outcomes research, Ms. Karagozian has particular expertise in effective drug therapy management in workers compensation with a focus on managing utilization and controlling costs. PHIL LEFEVRE Strategic Director Work Loss Data Institute, LLC Phil LeFevre has worked for Work Loss Data Institute for 14 years in the delivery of evidence-based medical treatment, utilization review, disability duration and return-to-work tools for workers comp and disability, including the Official Disability Guidelines. Mr. LeFevre has overseen the installation of ODG at over 250 facilities throughout the USA, Canada, and the United Kingdom, including federal, state and municipal installations and various Fortune 100 companies. EMILY MCDONALD, PHD Litigation Consultant Bloom Strategic Consulting Dr. Emily McDonald is a litigation consultant that has conducted extensive research on juries, and wrote her dissertation on factors that influence juror decision-making when awarding compensatory and punitive damages using Dallas county jurors as subjects. Dr. McDonald has served as an adjunct faculty member at the University of North Texas, Texas Women s University, and Collin County Community College. KARL SEELBACH, ESQ Winstead Karl Seelbach is a senior associate in Winstead s Commercial Litigation, Construction and Labor & Employment Practice Groups. Mr. Seelbach represents clients in a wide variety of complex litigation matters, including real estate, construction, financial services, banking and lending disputes. He also defends nonsubscribing employers against on-the-job personal injury claims. TXANS 807 Brazos Street Suite 802 Austin TX (512)

6 SPEAKERS DARRYL SILVERA, ESQ The Silvera Firm Darryl Silvera established the Silvera Firm in 2002 where he maintains a practice in workers compensation, insurance defense, automobile liability, bad faith claims, commercial litigation and personal injury. Mr. Silvera is licensed to practice before all Texas state, federal and appellate courts. He is a member of the American, Texas, Tarrant County, and Dallas Bar Associations, the Texas Association of Defense Counsel and the Workers Compensation Law Advisory Commission. KENT WILLIAMSON, ESQ SettlePou Kent Williamson is a member of SettlePou s Nonsubscriber Defense and Insurance Defense practice, which focuses on the defense of employers who elect to opt out of workers compensation insurance coverage. Mr. Williamson has defended hundreds of nonsubscriber cases in state district court and before various arbitration tribunals. TRAVEL INFORMATION HOTEL ACCOMMODATIONS The Hyatt Regency Austin on the shores of Lady Bird Lake will serve as the host hotel for TXANS 2014 Nonsubscriber Conference & Exhibition. The Hyatt Regency Austin is located at 208 Barton Springs Road Austin TX Special room rates of $189 single/double are available to TXANS guests until April 9, 2014 (subject to availability). For reservations, please visit or call (888) and reference TXANS Annual Nonsubscriber Conference & Exhibition. EVENT PARKING Overnight self parking at the Hyatt Regency Austin will be discounted TXANS hotel guests. Standard self parking rates are $19 per day. PROPOSED AGENDA (Subject to Change) April 30, :00 5:00 PM Exhibitor Registration & Set-Up 3:00 6:30 PM Attendee Registration 5:30 6:30 PM Opening Reception May 1, :00 AM Nonsubscriber Exhibition Opens 8:00 10:00 AM Networking Breakfast Nonsubscriber Exhibition 8:45 9:45 AM Educational Breakout Sessions 9:45 10:00 AM Networking Break Nonsubscriber Exhibition 10:00 AM 12:15 PM General Session 12:15 1:15 PM Networking Lunch 1:15 1:45 PM Dessert Reception Nonsubscriber Exhibition 1:45 2:45 PM Educational Breakout Sessions 2:45 3:00 PM Networking Break Nonsubscriber Exhibition 3:00 PM Nonsubscriber Exhibition Closes 3:00 4:00 PM Educational Breakout Sessions 4:00 PM Conference Ends TXANS 807 Brazos Street Suite 802 Austin TX (512)

7 CONFERENCE REGISTRATION APPLICATION NAME COMPANY STREET ADDRESS CITY, STATE ZIP TELEPHONE ATTENDEE INFORMATION TITLE LEARNING LABS SESSION ONE Legal Considerations for NS Lifting Injuries & Premises Liability Claims The New OSHA SESSION TWO Evidence-Based Tools for Improving Health & Return to Work Outcomes Pharmaceutical Compounding in the Context of Occupational Injuries SESSION THREE Understanding the Relationship between Texas NS Laws & Federal Employment Laws Fraud Investigation in the Digital Age CONFERENCE LUNCHEON NETWORKING LUNCH I plan to attend the Conference Networking Lunch EVENT SELECTION WEDNESDAY, April 30, 2014 REGULAR REGISTRATION Conference Registrants Only, On or Before April 18, 2014 Opening Reception... No Charge THURSDAY, May 1, 2014 EARLY REGISTRATION On or Before April 4, 2014 Member/Supplier... $339 Non-Member... $449 Exhibitor/Sponsor... $209 REGULAR REGISTRATION On or Before April 18, 2014 Member/Supplier... $389 Non-Member... $509 Exhibitor/Sponsor... $269 ONSITE REGISTRATION Conference Registrants Only, After April 18, 2014 Opening Reception $50 TOTAL WEDNESDAY, April 30, $ ONSITE REGISTRATION After April 18, 2014, Subject to Availability Member/Supplier... $459 Non-Member... $569 Exhibitor/Sponsor... $329 TOTAL THURSDAY, May 1, $ TOTAL DUE $ PAYMENT Enclosed is my check or money order payable to TXANS. Please charge the following Mastercard VISA American Express Please circle one Credit Card Number Expiration Date Name on Credit Card Validation Code (3 or 4 digit number of the reverse side of card) Billing Address City, State, Zip Authorized Signature Date TERMS & CONDITIONS Submission of your Conference Registration Application acknowledges acceptance of the terms and conditions of registration. Applications are not valid until accepted by TXANS. Payments must be received by TXANS on or before applicable deadline to qualify for registration discounts. Applications containing ineligible discounts will be rejected by TXANS and charged a $50 processing fee. To verify membership, please contact TXANS at info@txans.org or (512) REFUNDS & CANCELLATIONS-Written cancellations received on or before April 4, 2014 will receive a full refund less a $100 administrative fee. No refunds available after April 4, 2014 but TXANS members and suppliers can request a credit for TXANS 2015 Nonsubscriber Conference & Exhibition if a written request is received on or before April 4, No refunds or credits available after April 4, Refunds and credits do not extend to social events All refunds are processed after the conference. TXANS 807 Brazos Street Suite 802 Austin TX (512)

8 GENERAL INFORMATION/TERMS & CONDITIONS CONFERENCE REGISTRATION FEES Registration fees for TXANS Annual Nonsubscriber Conference & Exhibition include general session, choice of learning labs, conference materials, breakfast, lunch, refreshments and complimentary admission to TXANS Annual Nonsubscriber Exhibition. CONFERENCE NAMETAGS Official conference name badges are required for admittance to all conference events and must be worn and visible at all times in the manner prescribed by TXANS. Conference name badges and any related event tickets cannot be exchanged or amended. Attendee agrees not to allow any other individual to participate in his/her place at the conference, during registration or at any conference-related event. CONFERENCE ATTIRE Attire at all conference events is business casual. Because it is difficult to adjust meeting room temperatures to suit individual preferences, please bring a sweater or jacket or wear layered clothing to ensure your comfort. IDENTIFICATION All conference participants must present a valid photo ID and current business card to verify their identity and obtain conference materials. CONDUCT Participants of TXANS Annual Nonsubscriber Conference & Exhibition agree to conduct themselves in a manner appropriate for a gathering of business professionals. Attendees deemed to be disrupting any part of TXANS Annual Nonsubscriber Conference & Exhibition, conducting themselves in a manner unbecoming a business professional or violating these policies, will be asked to leave the activity, session, facility or conference and may be prohibited from future attendance at any TXANS event. Appropriate conduct shall be at TXANS sole discretion. CELL PHONES & PAGERS In consideration of all attendees, we ask that you please turn your all pagers and/or cell phones to vibrate or off while attending educational programs associated with TXANS Annual Nonsubscriber Conference & Exhibition. CONTINUING EDUCATION For those programs that offer CE credits, registrants will be required to register their attendance and a certificate of completion will be provided after the conference. Licensees are responsible for providing valid license numbers. SPEAKERS & PROGRAMS TXANS reserves the right to substitute any speaker or program as needed. VIEWS & OPINIONS Views and opinions expressed during TXANS Annual Nonsubscriber Conference & Exhibition are those of the presenter or provider and do not necessarily represent TXANS views. Information provided during TXANS Annual Nonsubscriber Conference & Exhibition shall not be deemed legal or other professional advice. Attendees should seek assistance from a competent professional before taking any action. TXANS has no duty of due diligence with respect to presenters, exhibitors or sponsors, and makes no endorsements of any presentation or product. TXANS disclaims any responsibility for the use and application of information presented at TXANS Annual Nonsubscriber Conference & Exhibition. SPECIAL NEEDS/DIETARY REQUIREMENTS If you or someone in your party requires special assistance or has special dietary needs, please notify TXANS in writing at least fourteen (14) days before the event. TXANS 807 Brazos Street Suite 802 Austin TX (512)

9 ALCOHOLIC BEVERAGES TXANS encourages attendees to drink responsibly. Supporting this policy, non-alcoholic beverages will be offered at all functions where alcohol is served. Alcohol will not be served to anyone under 21. Guests may be asked to provide a valid photo ID as proof of age. SMOKING The Hyatt Regency Austin is a smoke-free facility. TXANS requests that all guests refrain from smoking at all events associated with TXANS Annual Nonsubscriber Conference & Exhibition, except in designated smoking areas. EMERGENCY INFORMATION To help ensure your personal safety and peace of mind, please write your emergency contact information on the back of your name tag along with any medical conditions or allergies you may have. As a reminder, if you require medical attention during the conference please dial 0 on any house phone, contact any TXANS staff member or proceed to TXANS Registration & Information Desk. MARKETING & RECRUITING Marketing is limited to conference sponsors and exhibitors. Information regarding marketing programs is available in TXANS Marketing Prospectus, which is available for download at TXANS maintains a no recruiting policy at TXANS Annual Nonsubscriber Conference & Exhibition. Any form of deliberate recruiting such as posting recruiting notices, making general announcements, engaging in any type of recruiting, etc. is strictly prohibited. RECORDING DEVICES All types of recording devices are strictly prohibited at any function or activity associated with TXANS Annual Nonsubscriber Conference & Exhibition. Any photos or video taken during TXANS Annual Nonsubscriber Conference & Exhibition by TXANS or agent of TXANS may be used in future conference materials appearing either in printed documents, video productions or on TXANS website. We appreciate your consent to use these photos for the purpose of sharing and promoting TXANS Annual Nonsubscriber Conference & Exhibition. ACCEPTANCE Registration applications are not valid until accepted by TXANS. RATE DISCLAIMER Payments must be received by TXANS on or before applicable deadline to qualify for registration discounts. Applications containing ineligible discounts will be rejected by TXANS and charged a $50 processing fee. To verify membership, please contact TXANS at info@txans.org or (512) REFUNDS & CANCELLATIONS See Conference Registration Application If TXANS Annual Nonsubscriber Conference & Exhibition cannot be conducted due to acts of God, war, government regulation, disaster, strikes, civil disorder, curtailment of transportation facilities or other emergencies making it inadvisable, illegal or impossible to provide the facilities or to hold the meeting; each prepaid registrant will receive a copy of the conference materials. After paying all costs associated with the meeting TXANS remaining funds will be refunded to registrants. TXANS is not responsible for any other costs incurred by pre-registrants in connection with TXANS Annual Nonsubscriber Conference & Exhibition. REFUSAL OF SERVICE TXANS reserves the right to refuse entrance to anyone at any time. INDEMNIFICATION All participants of TXANS Annual Nonsubscriber Conference & Exhibition agree to indemnify, defend and hold harmless TXANS, its officers, directors, and agents, against all claims arising out of actions or omissions of any attendee, participant, exhibitor, sponsor or guest at or in connection with TXANS 2014 Nonsubscriber Conference & Exhibition, except for TXANS own gross negligence or willful misconduct. TXANS 807 Brazos Street Suite 802 Austin TX (512)

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