2013 Workers Compensation

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1 American Bar Association Section of Labor and Employment Law Tort, Trial and Insurance Practice Section 2013 Workers Compensation Midwinter Seminar and Conference March 14 16, 2013 Coral Gables, Florida The Biltmore Hotel

2 WELCOME Dear Colleague: We are pleased to provide you with this invitation to register for the 2013 Workers Compensation Midwinter Seminar and Conference to be conducted March in Coral Gables, Florida. We are confident this will be the most comprehensive program on Workers Compensation law offered in the coming year. The Seminar and Conference is presented by the Workers Compensation Committees of the ABA Section of Labor and Employment Law and Tort, Trial and Insurance Practice Section. As the brochure outlines, the panel topics relate to Workers Compensation law and highlight nationally recognized speakers, including judges and government officials as well as private practitioners. The program will address issues and concerns from the perspective of employee, management, union and government counsel. We hope that you will join us in Coral Gables for this exceptional conference! Sincerely, Section of Labor and Employment Law Workers Compensation Committee Kathleen S. Glancy Employee Co-Chair Richard J. Swanson Union & Employee Co-Chair Rayford H. Taylor Employer Co-Chair Hon. David B. Torrey Public Co-Chair

3 SPONSORS American College of Occupational and Environmental Medicine FACULTY Stewart Manela Chair, Section of Labor & Employment Law Arent Fox LLP Washington, DC Dick Semerdjian Chair, Tort, Trial and Insurance Practice Section Schwartz Semerdjian Ballard & Cauley LLP San Diego, CA Brian Francis Corporate/Insurance Program Co-Chair Maxis Southfield, MI Gregory T. Presmanes Employer Program Co-Chair Bovis, Kyle & Burch LLC Atlanta, GA Joshua G. Holden Chair of TIPS WC & Employers Liability Committee Fish Nelson, LLC Birmingham, AL Thomas L. Holder Employee Program Co-Chair Long & Holder LLP Atlanta, GA Kathleen S. Glancy Employee Co-Chair of LEL WC Committee Kathleen S. Glancy Law Office Wilmington, NC Richard Swanson Union & Employee Co-Chair of LEL WC Committee Macey Swanson and Allman Indianapolis, IN Rayford Taylor Employer Co-Chair of LEL WC Committee Casey Gilson PC Atlanta, GA Hon. David Torrey Public Co-Chair of LEL WC Committee PA Dept. of Labor & Industry Office of Adjudication Pittsburgh, PA Ann Bishop A.B. Bishop and Associates LLC Marietta, GA Vicki Burkhart Kids Chance of America Pennsylvania James Reiter Charfoos Reiter Hébert P.C. Farmington Hills, MI Ambuj Kumar, M.D., M.P.H Ctr. for Evidence Based Medicine & Health Outcomes Research Dept. of Internal Medicine, Clinical & Translational Science Institute College of Medicine, University of South Florida Tampa, FL Rod Bordelon Texas Commissioner of Workers Compensation Austin, TX Kevin Elsenheimer Michigan Workers Compensation Agency Lansing, MI Hon. David W. Langham Florida Office of Judges of Compensation Claims, Division of Administrative Hearings Pensacola, FL Teresa Bartlett, M.D. Medical Quality- Sedgwick, CMS Memphis, TN Joe Leman Harriss & Hartman Law Firm Dalton, GA Kim Martens The KS Experience Hite, Fanning & Honeyman LLP Wichita, KS Kip Kubin Bottaro, Morefield, Kubin & Yocum P.C. Leawood, MO Jerry Kenter Boyd & Kenter P.C. Kansas City, MO Robert Zilske Zilske Law Firm Brookfield, WI Hon. Luann Haley Industrial Commission of Arizona Tucson, AZ John H. Geaney Capehart Scatchard P.A. Mt. Laurel, NJ Alan Aronson Rosenthal, Levy, Simons, Ryles West Palm Beach, FL Albert Randall Franklin & Prokopok Baltimore, MD Melissa Cleary Teague, Campbell, Dennis & Gorham LLP Raleigh, NC Suzann Bylund Director of Workers Comp & Disability Management, Ascension Health St. Louis, MO Hon. Todd B. Seelig PA Dept. of Labor & Industry Workers Compensation Judge Philadelphia, PA Eileen Pomento Krasno, Krasno & Onwudinjo Harrisburg, PA Kara M. Miller Franklin & Prokopik Easton, MD Christian Davis Weber, Gallagher, Simpson, Stapleton, Fires & Newby LLP Philadelphia, PA Donald Lampert Calfee Halter & Griswold LLP Cleveland, OH Alan J. Shapiro Shapiro, Shapiro and Shapiro Co., L.P.A. Warrensville Heights, OH Rick Bordonaro Marnen Mioduszewski Bordonaro Wagner & Sinnott LLC Erie, PA Hon. Melodie Belcher Georgia State Board of Workers Compensation Atlanta, GA Mark Zientz On Federalization Miami, FL Richard Sicking Richard A. Sicking P.A. Coral Gables, FL Professor John Burton, J.D., Ph. D. Professor Emeritus, School of Management and Labor Relations, Rutgers University Princeton, NJ James M. Gallen Evans & Dixon LLC St. Louis, MO Hon. John Lazzara Florida Office of Judges of Compensation Claims, Div. of Admin. Hearings Tallahassee, FL Lindsey Mills Scheldrup Blades West Des Moines, IA Hon. Sylvia Medina-Shore Florida Office of Judges of Comp Claims Division of Administrative Hearings Tallahassee, FL Glen Weiland Weiland, Hilado & Delaitre, P.A. Orlando, FL John J. Jake Schickel Coker, Schickel, Sorenson & Posgay Jacksonville, FL

4 2013 MIDWINTER PR Thursday, March 14, 2013 > 10:30 a.m. Registration > 12:45 p.m. 1:00 p.m. Introduction/Welcome Remarks Kathleen S. Glancy, Employee Co-Chair, Kathleen S. Glancy Law Office, Wilmington, NC Richard Swanson, Union & Employee Co-Chair, Macey Swanson and Allman, Indianapolis, IN Rayford Taylor, Employer Co-Chair, Casey Gilson PC, Atlanta GA Hon. David Torrey, Public Co-Chair, Workers Compensation Judge, Pennsylvania Department of Labor & Industry, Office of Adjudication, Pittsburgh, PA Joshua G. Holden, Chair of TIPS Workers Compensation and Employers Liability Committee, Fish Nelson, LLC Birmingham, AL Tom Holder, Employee Program Co-Chair, Long & Holder LLP, Atlanta, GA Brian Francis, Corporate/Insurance Program Co-Chair, Maxis, Southfield, MI Gregory T. Presmanes, Employer Program Co-Chair, Bovis, Kyle & Burch LLC, Atlanta, GA > 1:00 p.m. 1:15 p.m. Section Updates from LEL and TIPS Stewart Manela, Chair, Section of Labor & Employment Law, Arent Fox LLP, Washington, DC Dick Semerdjian, Chair, Tort, Trial and Insurance Practice Section, Schwartz Semerdjian Ballard & Cauley LLP, San Diego, CA > 1:15 p.m. 1:25 p.m. Kids Chance of America Ann Bishop, A. B. Bishop and Associates LLC, Marietta, GA Vicki Burkhart, Executive Director, Kids Chance of America, Pennsylvania > 1:25 p.m. 1:30 p.m. Introduction of Sponsors Tom Holder, Employee Program Co-Chair, Long & Holder LLP, Atlanta, GA > 1:30 p.m. 3:30 p.m. Evidence Based Medicine: EBM From Medical School, To the Clinic and the Courtroom Our panel of experts will discuss EBM from medical school to the court room. If it works, how does it work? Should it be advisory or mandatory? MODERATOR: James Reiter, Charfoos Reiter Hébert P.C., Farmington Hills, MI PANEL: EBM Medical School and Beyond Ambuj Kumar, M.D., M.P.H., Associate Professor/Director Center for Evidence Based Medicine and Health Outcomes Research Department of Internal Medicine, Clinical and Translational Science Institute College of Medicine, University of South Florida, Tampa, FL Multi States Panel: How it Works or Doesn t Work in Our State Rod Bordelon, Texas Commissioner of Workers Compensation, Austin, TX Kevin Elsenheimer, Director Michigan Workers Compensation Agency, Lansing, MI Hon. David W. Langham, Chief Judge of Compensation Claims, Florida Office of Judges of Compensation Claims, Division of Administrative Hearings, Pensacola, FL

5 OGRAM AGENDA The Sedgwick Multi-State Experience Teresa Bartlett, M.D., Sr. VP, Medical Quality-Sedgwick, CMS, Memphis, TN The Attorney Perspective Joe Leman, Harriss & Hartman Law Firm, Dalton, GA Kim Martens, The KS Experience, Hite, Fanning & Honeyman LLP, Wichita, KS > 3:30 p.m. 3:45 p.m. Break > 3:45 p.m. 4:45 p.m. Ethics: College of Workers Compensation Lawyers THE FINAL FOUR: Four Important Ethics Topics The panel of attorneys and judges from across the nation will discuss four current, important topics on Ethics: Ethical Considerations of Representing Undocumented Workers; Ethical Considerations in Advertising and Social Media; The Rat Rule and When Do You Have to Report Your Colleagues; and Confidentiality in the New Era. The panel will identify the ethical rules that impact these areas and analyze how they apply to your practice. MODERATOR: Kip Kubin, Bottaro, Morefield, Kubin & Yocum P.C., Leawood, MO PANEL: > 5:30 p.m. 7:00 p.m. Welcome Reception Hon. Luann Haley, Administrative Law Judge, Industrial Commission of Arizona, Tucson, AZ Jerry Kenter, Boyd & Kenter P.C., Kansas City, MO Robert Zilske, Zilske Law Firm, Brookfield, WI Friday, March 15, 2013 > 7:00 a.m. 8:00 a.m. Continental Breakfast and Yesterday s Soup Follow up discussions on yesterday s program > 8:00 a.m. 9:00 a.m. Employment Law, ADA, FMLA, WC and Global Releases Our panelists will discuss the effect of employment releases when workers compensation cases are settled, particularly in light of the ADA and state antiretaliation laws. This program will provide an overview of the ADA s approach to disability status in light of the ADAAA and the law s emphasis on making individualized assessments, an explanation of the nuts and bolts of preparing enforceable labor releases, the perspective of the insurance carrier, releases from the claimant s perspective, and when to get an employment release and under what circumstances. A key issue which the panelists will consider is whether such releases can be challenged as retaliatory under state workers comp laws or discriminatory under the ADA. MODERATOR: John H. Geaney, Capehart Scatchard, P.A., Mt. Laurel, NJ PANEL: Alan Aronson, Rosenthal, Levy, Simon, Ryles, West Palm Beach, FL Albert Randall, Franklin & Prokopik, Baltimore, MD Melissa Cleary, Teague, Campbell, Dennis & Gorham, LLP, Raleigh, NC Suzann Bylund, Director of Workers Compensation and Disability Management, Ascension Health, St. Louis, MO > 9:00 a.m. 9:05 a.m. A Word from our Sponsors Greg Presmanes, Employer Program Co-Chair, Bovis, Kyle & Burch LLC, Atlanta, GA > 9:05 a.m. 9:20 a.m. Break

6 > 9:20 a.m. 10:20 a.m. I Know What You Did Last Weekend : Effective Use of Social Media in WC Litigation Attendees will walk away with a better understanding of the do s and don ts of social media as it relates to litigating a workers compensation case. The program will feature ethical dilemmas faced by attorneys and clients by showing several vignettes including: counsel s knowledge of a client removing content off a social media page; friending clients and witnesses; investigation techniques using social media; and use of social media sites at trial. After watching each vignette, the audience and panel will discuss the issues presented and recommend solutions. MODERATOR: Hon. Todd B. Seelig, Workers Compensation Judge, Philadelphia, PA PANEL: Eileen Pomento, Krasno, Krasno & Onwudinjo, Harrisburg, PA Kara M. Miller, Franklin & Prokopik, Easton, MD Hon. Todd B. Seelig, Workers Compensation Judge, Philadelphia, PA Christian Davis, Weber, Gallagher, Simpson, Stapleton, Fires & Newby LLP, Philadelphia, PA > 10:20 a.m. 11:20 a.m. Workers Compensation for Telecommuters: New Bottle for Old Wine? Panelists include a Plaintiff lawyer, a Defense lawyer, a Judge and an Employer. The Employer would discuss general considerations as to why telecommuting is good for employers. The Plaintiff and Defense lawyers will then argue two different extended fact patterns. MODERATOR: Donald Lampert, Calfee Halter & Griswold LLP, Cleveland, OH SPEAKERS: Alan J. Shapiro, Shapiro, Shapiro and Shapiro Co., L.P.A., Warrensville Heights, OH Rick Bordonaro, Marnen Mioduszewski Bordonaro Wagner & Sinnott LLC, Erie, PA Hon. Melodie Belcher, Division Director & Chief ALJ, Georgia State Board of Workers Compensation, Atlanta, GA > 5:30 p.m. 7:00 p.m. Networking Reception Saturday, March 16, 2013 > 7:00 a.m. 8:00 a.m. Continental Breakfast and Yesterday s Soup Follow up discussions on yesterday s program > 8:00 a.m. 9:30 a.m. Federalization/Federal Standards and Workers Compensation; Effects of the Affordable Care Act on the System Policymakers have long pondered the idea of federalization of the workers compensation program and, in 1972, with the renowned National Commission, the federal government published recommended federal standards. The members of this panel will explore the history of, and the present-day thinking on, this issue. What aspects of the system might a reconvened National Commission best address? What is the case against federalization? What are the risks of not obliging states to provide uniform, standardized benefits? Finally, what are the effects of the Affordable Care Act on the system, particularly in the wake of National Federation of Independent Business v. Sebelius (U.S. 2012) and the reelection of President Obama? MODERATOR: Hon. David Torrey, Workers Compensation Judge, Pennsylvania Department of Labor & Industry, Office of Adjudication, Pittsburgh, PA

7 SPEAKERS: Mark Zientz, Law Office of Mark L. Zientz, P.A., Miami, FL Richard Sicking, Richard A. Sicking, P.A., Coral Gables, FL Professor John Burton, J.D., Ph.D., Professor Emeritus, School of Management & Labor Relations, Rutgers University and Professor Emeritus, School of Industrial & Labor Relations, Cornell University, Princeton, NJ James M. Gallen, Evans & Dixon LLC, St. Louis, MO > 9:30 a.m. 9:35 a.m. A Word from our Sponsors Tom Holder, Employee Program Co-Chair, Long & Holder LLP, Atlanta, GA > 9:35 a.m. 9:50 a.m. Break > 9:50 a.m. 10:50 a.m. Judges Panel: National Association of Workers Compensation Judiciary: How Judges Judge and Why (In Short, Why You Lost or Won: A Peek at the Judge s Notes and Thinking) Do Judges rule based solely on the law and the facts presented in a claim? Is there decisional independence in the administrative adjudicatory process? This panel will discuss the difference in judging styles depending on jurisdiction; the impact of agency rules and policy; and the attorneys role in insuring the objective application of the law to the facts to achieve reasoned and impartial decision-making. MODERATOR: Hon. John Lazzara, Florida Office of Judges of Compensation Claims, Division of Administrative Hearings, Tallahassee, FL SPEAKERS: Hon. Melodie Belcher, Division Director & Chief ALJ, Georgia State Board of Workers Compensation, Atlanta, GA Hon. LuAnn Haley, Administrative Law Judge, Industrial Commission of Arizona, Tucson, AZ Hon. David B. Torrey, Workers Compensation Judge, Pennsylvania Department of Labor & Industry, Office of Adjudication, Pittsburgh, PA > 10:50 a.m. 11:50 a.m. Collaborate with your Peers, Discuss Hot Topics and Share Practice Pointers: Breakout Have you wanted to collaborate with and find out what other lawyers in your field are doing to improve their practice, from substantive law to law office economics? Here s your chance to participate in an interactive discussion of hot topics, both substantive and practical, with your peers, claimant s attorneys, defense attorneys, and judges. The groups will meet separately in a breakout session. COORDINATOR: Lindsey Mills, Scheldrup Blades, West Des Moines, IA DISCUSSION LEADERS: Hon. Sylvia Medina-Shore, Florida Office of Judges of Compensation Claims, Division of Administrative Hearings, Tallahassee, FL Glen Weiland, Wieland, Hilado & Delaitre, P.A., Claimant Attorney, Orlando, FL John J. Jake Schickel, Coker, Schickel, Sorenson & Posgay, Claimant Attorney & Mediator, Jacksonville, FL > 11:50 a.m. 12:00 p.m. Planning Meeting for 2014 Midwinter Seminar and Conference > 7:00 p.m. The College of Workers Compensation Lawyers Induction Ceremony and Dinner (Invitation only ticketed event not included in meeting registration fees.)

8 GENERAL INFORMATION Hotel Accommodations We have negotiated a special group rate at the The Biltmore Hotel of $249 for single or double occupancy rooms. To reserve your room, call the hotel at or and reference the ABA 2013 Workers Compensation Committee Midwinter Seminar & Conference. The group rate will be honored until February 20, 2013 or until the room block is exhausted. You must cancel your reservation 48 hours prior to your scheduled arrival date to avoid a one-night cancellation charge. Rooms will be available for check-in no later than 3:00 p.m., with a checkout time of 12:00 p.m. Meeting Registration The registration fee for the 2013 Midwinter Seminar & Conference is $395 for Section of Labor & Employment Law and Tort, Trial and Insurance Practice Section members, $495 for non-members, $225 for government agency attendees, and $125 for guests. Please note that Fellows of and nominees to the College of Workers Compensation Lawyers may register at the Section member rate. The fees cover your meeting materials and your attendance at all committee meetings and social functions. Those who can only attend one day of the seminar may register only for that day at a rate of $125. Complete online registration by visiting You also may register by completing the registration form included in this brochure and returning it with your payment to Lynette Kelley, Meetings Registrar, Section of Labor and Employment Law, American Bar Association, 321 N. Clark Street, Chicago, IL by February 28, Refunds, less a $50 administrative fee, will be made on registration cancellations received in writing before February 28, Air Travel Discounts American Airlines and United Airlines provide two types of airfare discounts to ABA meeting attendees. You can receive these discounts offline by calling, toll free, American Airlines at or United Airlines at or Orbitz For Business at For more information visit the ABA Travel Website Continuing Legal Education Credit Required sponsor documentation will be forwarded to and credit requested from MCLE states with general requirements for all lawyers. Each state determines the number of hours to be credited for attendance. Uniform Certificates of Attendance will be available at the meeting. Please visit our website at laborlaw for information on our Fellowship Programs. Ground Transportation The Biltmore Hotel is located approximately 5 miles from the Miami International Airport. Taxi fare from the airport averages $22.

9 American Bar Association Workers Compensation Committee Section of Labor and Employment Law Tort, Trial and Insurance Practice Section REGISTRATION FORM 2013 MIDWINTER MEETING The Biltmore Hotel Coral Gables, FL March 14 16, 2013 Registration Deadline: February 28, 2013 Online: (Credit card payments accepted online only.) Mail: ABA Section of Labor & Employment Law Fax: (312) Attn: Lynette Kelley, Meetings Registrar 321 North Clark St., Chicago, IL Check enclosed (made payable to American Bar Association) NAME NICKNAME/BADGE NAME FIRM/ORGANIZATION STREET ADDRESS CITY STATE ZIP CODE PHONE FAX ADDRESS NAME OF ATTENDING SPOUSE/PARTNER/GUEST(S) AFFILIATION: Employer Union & Employee Neutral (Please choose one) Employee/Plaintiff Public/Government Other First Time Attendee Registration Fees Number Attending Total Member (LEL or $395 $ ABA # College of Workers Compensation Lawyers $395 $ Non-Section $495 $ Government $225 $ $125 $ $125 $ Social Events Thursday Reception Friday Reception (included in registration fee) (included in registration fee) Total Enclosed: $ If any special arrangements are required under the ADA, contact Judy Stofko at 312/

10 American Bar Association Section of Labor and Employment Law 321 North Clark Street Chicago, IL Workers Compensation Midwinter Seminar and Conference March 14 16, 2013 Coral Gables, Florida The Biltmore Hotel Non-Profit Organization U.S. Postage PAID American Bar Association

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