EMPLOYER TRACK

Day 1 – Full Day with 2 simultaneous tracks

Day One of the conference features two tracks – one for attorneys and one for employers and others.

8:30 a.m. to 9:30 a.m.
Returning the Injured Employee to Work
Mark Travis, Cookeville attorney
Wimberly Lawson Seale Wright & Davies PLLC

Because awards for many workers’ comp injuries are capped at 1.5 times the employee’s medical impairment rating if the employee returns to work at the same pay, it is often to your advantage to return the injured worker to the job. What are the practical considerations when returning the injured employee to work? Is light work appropriate? Are accommodations required?

9:30 a.m. to 9:45 a.m. BREAK

9:45 a.m. to 10:45 a.m.
Benefit Review Process: What Employers Need to Know
Teresa Bullington, Director of the Benefit Review Program, Tennessee Department of Labor and Workforce Development

• Legislative intent and purpose of the Benefit Review Program
• Who can use the Benefit Review Process?
• What functions does the Benefit Review Process perform?
• Where does the Benefit Review Program have offices?
• How is the time limit for filing a lawsuit protected by using the Benefit Review Process?
• What are the procedures used in performing the functions of the Benefit Review Program?

10:45 a.m. to 11:45 a.m.
Implementing an Effective Safety Program
Ray Higgs, Environmental Health and Safety Manager
Cummins Filtration, Cookeville

Avoiding accidents and injuries benefits your employees and saves your company money. What can you do to reduce the number of workers’ comp claims at your company? Learn seven steps to implementing an effective safety program.

11:45 a.m. to 1:00 p.m. LUNCH
Network with your peers as you enjoy a complimentary lunch!

1:00 p.m. to 2:00 p.m.
Accident Investigation and Fraud
Jason Ensley, Johnson City attorney
Baker, Donelson, Bearman, Caldwell, & Berkowitz PC

• Tips for conducting an effective accident investigation
• Identifying “red flags” of employee fraud
• Recognizing available defenses to non-compensable claims

2:00 p.m. to 2:30 p.m.
Drug-Free Workplace
Jason Ensley, Johnson City attorney
Baker, Donelson, Bearman, Caldwell, & Berkowitz PC

Learn from an experienced defense attorney the benefits of and the requirements for implementing a certified Tennessee Drug-Free Workplace Program.

2:30 p.m. to 3:00 p.m.
Regulatory Compliance with the Workers’ Compensation Law
Pete Halverstadt, Director of the Penalty Program, Tennessee Department of Labor and Workforce Development

• Non-compliance with a workers’ compensation
  specialist’s order
• 25% penalties
• Claims form filing violations
• Benefit review conferences
• Medical Fee Schedule

3:00 p.m. to 3:15 p.m. BREAK

3:15 p.m. to 4:15 p.m.
Preventing Injuries and Rehabilitating the Injured Worker
Gary Robinson, OTR, CHT, MBA
Director of Hand Therapy Services
Results Physiotherapy

Learn what steps you can take to prevent injuries or reduce the severity of injuries to workers. Are there simple changes you can make to lessen the risk of injury? Once an injury occurs, learn what you can do to facilitate the rehabilitation process so that the worker returns to his or her pre-injury form.

4:15 p.m. to 4:45 p.m.
Combating the High Cost of Workplace Injuries
Holly Corbin, Claim Business and Account Management Department - The Hartford Insurance Company

• Managing employees toward health and safety
• Training supervisors
• Getting the behavior you seek
• Using the past to predict your future

4:45 p.m. to 5:15 p.m.
What NOT To Do When an Employee is Injured
Gregory D. Jordan, Jackson attorney
Rainey, Kizer, Reviere & Bell PLC

Was there something you did or did not do that made an injured employee NOT want to return to work or NOT want to settle a workers’ comp claim for a reasonable amount? Learn from an experienced defense attorney what mistakes or oversights can make settlement negotiations turn ugly.

ATTORNEY TRACK

8:30 a.m. to 9:30 a.m.
Building and Managing Your Workers’ Comp Case
Steve Karr, Nashville attorney - Stillman & Friedland

• Investigating the case
• Determining the nature and extent of disability
• Determining what benefits are available
• Communicating with and maintaining clients
• Working with medical experts

9:30 a.m. to 9:45 a.m. BREAK

9:45 a.m. to 10:45 a.m.
Mediation and Settlement Tips
Mark Travis, Cookeville attorney
Wimberly Lawson Seale Wright & Davies PLLC

Most workers’ comp cases are settled. Learn settlement tips and techniques from an experienced defense attorney who is the Coordinator of the Grievance Mediation Program for the Tennessee Center for Labor-Management Relations.

• Dispute resolution in Tennessee
• Effective use of mediation
• Obtaining the best settlement for your client
  

• Legislative intent and purpose of the Benefit Review Program.
• Who can use the Benefit Review Process?
• What functions does the Benefit Review Process perform?
• Where does the Benefit Review Program have offices?
• How is the time limit for filing a lawsuit protected by using the Benefit Review Process?
• What are the procedures used in performing the functions of the Benefit Review Program?

11:45 a.m. to 1:00 p.m. LUNCH
Network with your peers as you enjoy a complimentary lunch and a panoramic view of downtown Nashville!

1:00 p.m. to 1:30 p.m.
Discovery Procedures
Richard Murrell, Designated Discovery Attorney, Benefit Review Division of the Department of Labor and Workforce Development

• Discovery as part of a request for assistance
• Discovery as part of a benefit review conference
• Manner of referral to the designated discovery attorney
• Process upon referral

1:30 p.m. to 2:00 p.m.
Administrative Review of Workers’ Compensation
Specialists’ Orders
Richard House, Administrator’s Designee, Administrative Review Division of the Department of Labor and Workforce Development

• History and purpose of administrative review
• Request for assistance
• Informal conference
• Order resolving a request for assistance

2:00 p.m. to 2:30 p.m.
Regulatory Compliance with the Workers’ Compensation Law
Pete Halverstadt, Director of the Penalty Program, Tennessee Department of Labor and Workforce Development

• Non-compliance with a workers’ compensation
  specialist’s order
• 25% penalties
• Claims form filing violations
• Benefit review conferences
• Medical Fee Schedule

Just because an injury occurs “on the clock” does not mean it is compensable. An experienced defense attorney addresses the most common defenses to workers’ compensation claims and examines the critical elements for establishing these defenses.

3:00 p.m. to 3:15 p.m. BREAK

3:15 p.m. to 4:15 p.m.
Common Problems in Workers’ Comp Cases: A View from
the Bench
Chancellor Ellen Hobbs Lyle, Davidson County
Chancery Court

• Statute of limitation
• Medical evidence
• Causation issues
• Proving vocational disability

4:15 p.m. to 5:15 p.m.
When Is an Injury Within the Scope of Employment?
Wade Cowan, Nashville attorney
Davies, Humphreys, Horton & Reese PLC

Did an employee’s injury “arise out of” and “within the course and scope of” his or her employment? What if the employee is attacked by a co-worker? What if an employee’s fall is idiopathic? What if the employee is on a break or is eating lunch when he or she is injured? These are just a few of the questions recently addressed by the Tennessee Supreme Court and the Workers’ Compensation Appeals Panels.

Day 2 (one-half day with 3 joint sessions)

8:30 a.m. to 9:30 a.m.
Legislative and Case Law Update
Mark Travis, Cookeville attorney
Wimberly Lawson Seale Wright & Davies PLLC

Get up to date on the latest workers’ comp legislation:

• What is the effect of filing a request for assistance on the time limit for filing a benefit review conference?
• What future changes did the legislature make to coverage requirements for contractors? and
• What issues have legislators been studying in preparation for next year’s session?

You’ll also get the latest word from the Supreme Court and Workers’ Compensation Appeals Panels on such issues as:

• When an employee can recover for an injury while engaging in sports or recreational activities during a work break;
• What the court says about injuries to employees while they are working at home; and
• What confidentiality exists between an injured employee and the physician provided by the employer.

9:30 a.m. to 9:45 a.m. BREAK

9:45 a.m. to 10:45 a.m.
Walking the Tightrope Between Workers’ Comp, FMLA,
and ADA
Mark Travis, Cookeville attorney
Wimberly Lawson Seale Wright & Davies PLLC

• How to compare the triggering conditions which invoke the protections of each law
• How to deal with confusing attendance and leave
  policy issues
• The effect of return-to-work and accommodations issues
• How to handle the difficult issues arising when terminating an injured employee

10:45 a.m. to 11:45 a.m.
Overview of the Changes to the AMA Guides, Sixth Edition
Dr. James Talmage, Associate Editor of The Guides Newsletter

• Five steps in determining an impairment
  rating percentage
• Changes to rating for several common injuries
• An example of how an injury is rated