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Tennessee Workers' Comp Conference - Materials Only

Tennessee Workers' Comp Conference - Materials Only

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Tennessee Workers' Comp Conference - Materials Only

Conference Presented: Nashville, Wednesday - Friday, November 8-10, 2017

Conference Materials now available!

Does your career involve the Tennessee workers' comp system?

The 11th Annual Tennessee Workers' Comp Conference provides essential updates, guidance, and advice for Tennessee attorneys, employers, HR professionals, TPAs, insurers, consultants and others who need the latest and most accurate information. When you attend, you'll connect with judges from the Workers’ Compensation Appeals Board and the Court of Workers’ Compensation Claims, leading workers’ comp attorneys, representatives from the Bureau of Workers’ Compensation, and other key players.

Highlights:

  • You’ll hear from Chief Judge Ken Switzer and Judge Pamela Johnson, with the Court of Workers’ Compensation Claims, as well as Judge Marshall Davidson, presiding judge of the Workers’ Compensation Appeals Board.
  • You’ll gain insight on causation issues under the new law from a panel of attorneys and physicians.
  • You’ll discover when it is legal to fire an employee who has filed a workers’ comp claim.
  • You’ll receive a comparison of how workers’ comp interacts with two employment-related laws, i.e., the ADA and the FMLA.
  • You’ll learn about the unique challenges employers face in dealing with social media in the workplace.
  • You’ll get an update on the latest rulings from the Workers’ Compensation Appeals Panels, the Workers’ Compensation Appeals Board, and the Court of Workers’ Compensation Claims.
  • You’ll hear from a Bureau of Workers’ Compensation representative on how to avoid the imposition of penalties in the workers’ comp arena.
  • You’ll hear from a pain management specialist about the long term impact of opioid use on employers, employees, and society in general.
  • Employers will get up to date on relevant issues, such as managing claims under the new law, traps to avoid when investigating an accident or responding to a fraudulent claim, the use of the social component of surveillance as an effective tool in the employer’s arsenal, third party work injuries, compensability of a claim when an employee is traveling to or from work, handling the medical aspects of a claim, and preventing workplace injuries.
  • Attorneys will get up to date on complex issues, such as Medicare set-asides, the role of medical issues in a worker’s comp claim, pitfalls to avoid when settling cases, “hot topics” from the plaintiff’s perspective, and ethical issues arising during ADR.
  • On Thursday, attendees may to choose to attend a track designed for attorneys or one designed for employers and others – or you may mix the tracks to better serve your needs.
  • You get an interactive program, including panel discussions – the speakers welcome your questions and feedback.


Your Conference Faculty:

WORKERS’ COMP JUDGES 

  • Judge Marshall Davidson 
  • Judge Pamela Johnson 
  • Chief Judge Ken Switzer


TENNESSEE BUREAU OF WORKERS’ COMPENSATION 

  • Troy Haley


WORKERS’ COMP/EMPLOYMENT LAW ATTORNEYS 

  • Mary Dee Allen, Wimberly Lawson Wright Daves & Jones PLLC 
  • Fred Baker, Wimberly Lawson Wright Daves & Jones PLLC 
  • Leslie Bishop, Lewis, Thomason, King, Krieg, & Waldrop, P.C. 
  • Kitty Boyte, Constangy, Brooks, Smith & Prophete, LLP 
  • Catherine Dugan, Peterson White 
  • Frank Gallina, Parker, Lawrence, Cantrell & Smith 
  • Howard M. Kastrinsky, King & Ballow 
  • Rockforde (Rocky) D. King, Egerton, McAfee, Armistead & Davis, P.C. 
  • Charles (Chuck) J. Mataya, Bradley Arant Boult Cummings LLP 
  • Marshall McClarnon, Ponce Law 
  • Lynn C. Peterson, Lewis, Thomason, King, Krieg & Waldrop, P.C. 
  • Mallory Schneider Ricci, Constangy, Brooks, Smith & Prophete, LLP 
  • Steven L. Shields, Jackson, Shields, Yeiser & Holt 
  • Steven N. Snyder, Jr., McAngus Goudelock & Courie 
  • Kenneth D. Veit, Leitner, Williams, Dooley & Napolitan PLLC


OTHERS
 

  • Wendy Fisher, Safety Compliance Manager with Tennessee OSHA 
  • Dr. Jeffrey Hazlewood, Board Certified in Physical Medicine and Rehabilitation, subspecialty Board Certification in Pain Medicine 
  • Dawn Trojan-Randle, Claim Specialist at Brentwood Services 

Your Conference Faculty

Mary Dee AllenMary Dee Allen has been a member in the Cookeville office of Wimberly Lawson Wright Daves & Jones, PLLC, since 2003. She has been a practicing trial attorney since 1992, handling primarily workers’ compensation defense and employment discrimination defense, in state and federal courts and administrative agencies. She obtained an Associates Degree in Nursing from Union University in 1988, a Bachelor’s Degree in History from Union University in 1989, and a JD from the University of Memphis in 1992. She is Legislative Co-Chair of the Upper Cumberland Society of Human Resource Management.


Fred BakerFred Baker has been a member in the Cookeville office of Wimberly Lawson Wright Daves & Jones, PLLC, since 2001. His practice includes an emphasis in workers’ compensation and employment discrimination defense, as well as ADA and FMLA compliance. He is the editor of the Tennessee Workers’ Compensation Handbook, 5th Edition, published by M. Lee Smith Publishers, a division of BLR®, and he is on the Advisory Board for the Tennessee Workers’ Comp Reporter. He was selected as a Rising Star in 2012, 2013, and 2014 by Super Lawyers. He received his Bachelor’s degree in Philosophy, summa cum laude, from Transylvania University and his law degree, magna cum laude, from the University of Tennessee.


Leslie BishopLeslie Bishop is a defense attorney and shareholder with the Nashville office of Lewis, Thomason, King, Krieg, & Waldrop, P.C. She is responsible for all aspects of a general defense litigation practice, with an emphasis in workers’ compensation and employment law. Her employment practice ranges from representation of employers at state agencies to trial on all employment issues. She currently serves as co-chair of the firm’s Workers’ Compensation Practice Group. She joined the firm from the Tennessee Department of Labor Workers’ Compensation Division where she supervised the Knoxville Regional Office which covered 19 counties. She has served as a member of the Governor’s Task Force charged with reform of workers’ compensation laws in the State of Tennessee. She has been a certified Mediator and has successfully participated in over 1,000 mediations, primarily workers’ compensation disputes.


Katherine (Kitty) BoyteKatherine (Kitty) Boyte is a defense attorney with Constangy, Brooks, Smith & Prophete, LLP, in Nashville. She has, over the past 20 plus years, successfully guided many of the largest employers of middle Tennessee through workers’ compensation and employment law issues. She has litigated workers’ compensation cases in well over half of the 95 counties in the state of Tennessee. She is a frequent speaker to workers’ comp insiders and insurers on a national level, and is a guest lecturer on workers’ compensation at the Nashville School of Law. She is also heavily involved in legislative changes to the workers’ compensation system in Tennessee, and previously served as a member of the Tennessee Workers’ Compensation Advisory Council.


Marshall L. Davidson, IIIMarshall L. Davidson, III, is the Presiding Judge for the Tennessee Workers’ Compensation Appeals Board, appointed to this position by Governor Bill Haslam in 2014. After graduating with honors from the University of Tennessee College of Law, where he served on the Tennessee Law Review, Judge Davidson worked as a law clerk for Judge Houston Goddard on the Tennessee Court of Appeals and then Chief Justice Frank Drowota on the Tennessee Supreme Court. He then spent time in private practice, handling both civil and criminal cases before serving as a Staff Attorney for the Tennessee Supreme Court for 22 years, focusing on civil appeals. Under the supervision of the Chief Justice, Judge Davidson implemented and managed the Supreme Court’s system for handling appeals of workers’ compensation cases for part of that time. He has served as a Judge Advocate General Officer in the United States Army Reserves, was an adjunct professor at Middle Tennessee State University for 11 years, and has been on the faculty of the Nashville School of Law since 1992, teaching torts and advanced legal writing.


Catherine DuganCatherine Dugan, with Peterson White in Nashville, is a litigation attorney with more than 11 years of experience in insurance defense. She has handled claims from workers’ compensation to general liability to coverage, and has worked in private practice and in-house. For most of her career, Ms. Dugan’s focus has been on defending employers and insurance carriers in workers’ compensation claims, assisting her clients as they navigate necessary administrative procedures and defending claims through litigation, as necessary. She has tried cases before Courts throughout Tennessee and has successfully argued before the Tennessee Supreme Court Special Workers’ Compensation Panel. Another key focus of her practice is on training and education for employers and carriers, keeping her clients updated as the workers’ compensation law has evolved in recent years and advising on successful practices to avoid common pitfalls when a worker is injured. Ms. Dugan also enjoys lecturing and presenting at seminars and conferences on important issues facing the practice of workers’ compensation defense. She was chosen for the Tennessee Bar Association Leadership Law Program Class of 2014, and was selected as a Mid-South Super Lawyers® “Rising Star” in 2013.


Wendy Fisher is Safety Compliance Manager with Tennessee OSHA.


Frank GallinaFrank Gallina, with Parker, Lawrence, Cantrell & Smith in Nashville. Mr. Gallina has been practicing law in the Nashville area since 2004. While enrolled in law school, Mr. Gallina worked as a law clerk for the Honorable James F. Russell of the Shelby County Circuit Court. Mr. Gallina was Vice President of the Student Bar Association and Vice Magistrate of Phi Delta Phi Legal Fraternity at the University of Memphis. In 2004, he was awarded the Smith’s Distinguished Service Award and the CALI Award (highest grade) in Alternative Dispute Resolution/Mediation. Mr. Gallina is a member of Phi Beta Kappa academic honor society. He is a member of the Tennessee Bar Association and the Nashville Bar Association. He is also licensed to practice in Kentucky. Mr. Gallina has spoken at continuing legal education seminars discussing advanced issues in workers' compensation. He is also a founding board member of the non-profit corporation, Round Up for Nolensville, Inc., which assists those in need in the Nolensville area.Troy Haley is the Administrative Attorney, Legislative Liaison, and Director of the Penalty Program for the State of Tennessee’s Division of Workers’ Compensation. He has been with the Department of Labor & Workforce Development since 2007, where as a Workers’ Compensation Specialist he conducted hearings and issued determinations regarding temporary disability and medical benefits, reviewed and approved workers’ compensation settlement agreements, and mediated workers’ compensation disputes. Since June 2014, he has served as counsel for the Division of Workers’ Compensation and liaison for the Division and the governor’s office. He is a Nashville native and a graduate of Stratford High School in east Nashville. He received his B.A. degree from David Lipscomb College, his M.A. degree from Tennessee State University, and his J.D. degree from the University of Memphis. He has been licensed to practice law in Tennessee since 1992. He has been a Rule 31 mediator since 2008. Prior to his state service, Mr. Haley worked as staff counsel for a title insurance company and was also in private practice.


Dr. Jeffrey E. HazlewoodDr. Jeffrey E. Hazlewood practices physical medicine and rehabilitation in both Lebanon and Murfreesboro and is an Associate Staff member of the University Medical Center in Lebanon. After receiving his medical degree from the University of Tennessee, Memphis, he completed his residency at the University of Alabama, Birmingham. A Fellow of the American Academy of Physical Medicine and Rehabilitation, Dr. Hazlewood is Board Certified in Physical Medicine and Rehabilitation with a subspecialty Board Certification in Pain Medicine. He is a member of the Medical Impairment Rating Registry and has received training on the Fifth and Sixth Editions of the AMA Guides to the Evaluation of Permanent Impairment. His society memberships include The American Academy of Physical Medicine and Rehabilitation, the American Association of Electrodiagnostic Medicine, the Tennessee Medical Association, the American Medical Association, and the Rotary Club. Dr. Hazlewood is an experienced speaker on various aspects of pain management.


Judge Pamela B. JohnsonJudge Pamela B. Johnson is a judge on the Court of Workers’ Compensation Claims. She was previously Of Counsel with Leitner, Williams, Dooley & Napolitan PLLC in Knoxville, where she focused her practice in the areas of workers’ compensation defense, personal injury defense, premises liability defense, products liability defense and construction liability defense. She represented various individuals, employers, businesses and insurers in matters of civil liability, including workers’ compensation defense, premises liability defense, personal liability defense, products liability defense, and construction liability defense. Her practice included an active trial and appellate practice as well as an administrative practice before the Tennessee Department of Labor and Workforce Development.


Howard M. KastrinskyHoward M. Kastrinsky is a Partner in the Employment and Discrimination Section of King and Ballow in Nashville. His practice areas are in all phases of Employment and Labor Law. He concentrates in the representation of management in all workplace-related matters, with an emphasis on employment discrimination. He advises employers and represents them before federal and state agencies in employment discrimination matters. He is also Co-Editor of King & Ballow's Employment Law blog, “Keeping You Posted.” He is a member of the Nashville Bar Association and the Tennessee Bar Association. He has been awarded the Martindale-Hubbell peer review rating of "AV Preeminent," which is the highest level of professional excellence. Mr. Kastrinsky is admitted to practice in Tennessee, North Carolina, before the District of Colorado, the Tennessee Supreme Court and the U.S. Court of Appeals for the First, Sixth, Seventh, and District of Columbia Circuits. He received his undergraduate degree from Cornell University and his law degree, with honors, from the University of North Carolina School of Law, he was a member of the University of North Carolina Law Review and Order of the Coif.


Rockforde (Rocky) D. KingRockforde (Rocky) D. King is a shareholder with Egerton, McAfee, Armistead & Davis, P.C., in Knoxville. He practices primarily in the areas of workers’ compensation, insurance defense, products liability, and personal injury. Most of his present practice is concentrated in the area of workers’ compensation, where he is an attorney for the Grocery Manufacturer’s Association. He was a founding member of the Coalition of Food Industry Defense Counsel (COFIC), a group that defends and promotes the food industry interests at both manufacturing and retail levels. He has worked closely with such industry leaders as Bush Brothers, Inc., Campbell Soup, Dole, Gerber, Heinz, Hormel, Kraft, Quaker Oats, and Star Kist. He is listed in Mid-South Super Lawyers®. Mr. King became board certified in civil trial law by the National Board of Trial Advocacy, an American Bar Association accredited organization, in December 1995, and by the Tennessee Commission on Continuing Legal Education and Specialization in February 1996. Before attending law school, he was a trainer with the University of Tennessee Athletic Department from 1977-1982, and was an authorized sports agent for the players’ associations of the NFL, NBA, and MLB for several years thereafter.


Charles J. MatayaCharles J. Mataya, with Bradley Arant Boult Cummings LLP in Nashville, has developed a focused practice of litigation and counseling in various areas of labor and employment law, including the defense of class and collective individual actions in both state and federal courts. Mr. Mataya acts as lead counsel for prominent employers throughout the United States in the counsel and defense of employment and labor claims, including claims of wrongful discharge, breach of an employment contract, illegal discrimination under the various federal and state laws, and myriad other areas of employment and labor law. These areas include issues and claims relating to the Occupational Safety and Health Act (OSHA) and related state statutes, the Fair Labor Standards Act (FLSA), the American with Disabilities Act (ADA), the Family Medical Leave Act (FMLA), the National Labor Relations Act (NLRA), and obligations and issues relating to Executive Order 11246, including affirmative action obligations and the defense of enforcement actions brought by the Office of Federal Contract Compliance Programs (OFCCP). He represents clients in various industries, but over the last decade he has developed a concentration in the representation of employers in healthcare, manufacturing, government contracting, and retail sales. He is a frequent lecturer on topics related to labor/management relations, including the ADA, drug testing and privacy issues, the FLSA, Anti-Harassment in the Workplace, Title VII, and discipline and discharge policies and procedures. Mr. Mataya has been listed in The Best Lawyers in America® for Employment Law-Management (2016), Litigation-Labor & Employment (2015-2016), and Labor Law-Management (2015-2016). He has been included in Mid-South Super Lawyers® for Employment & Labor, Nashville, since 2012; and in Chambers USA for Labor & Employment (2008-2009; 2014-2016). He was recognized in 2007's Nashville Business Journal's “Best of the Bar” publication for Employment & Labor, and was identified in Lawdragon 3000, a list that recognizes less than one percent of the legal profession.


Marshall McClarnonMarshall McClarnon, with Ponce Law in Goodlettsville, handles workers’ compensation, personal injury, auto accident, premises liability, and products liability cases. Prior to joining Ponce Law in December 2013, he worked as a plaintiff’s attorney for six years. Mr. McClarnon grew up in Gallatin, Tennessee. He attended Lambuth University in Jackson, Tennessee, where he graduated cum laude with a double major in history and political science. While an undergraduate, Marshall served as president of his chapter of Sigma Phi Epsilon fraternity and studied abroad at Regent’s University London. He went on to earn his J.D. from Southern Illinois University Law School in Carbondale, Illinois. He is licensed to practice law in Tennessee and the United States District Court for the Middle District of Tennessee. He became an attorney because he wanted to help people and provide equal access to the law and court system. He volunteers with the Tennessee Immigrant and Refugee Rights Coalition Citizens Workshop that helps immigrants navigate the citizenship application process.


Lynn C. PetersonLynn C. Peterson is a shareholder with Lewis, Thomason, King, Krieg & Waldrop, P.C., in Knoxville. Ms. Peterson is a Supreme Court Rule 31 Mediator, and she practices primarily in the personal injury, workers’ compensation, insurance defense, malpractice, employment law, and general litigation areas of law. She has defended civil rights and municipal liability cases in state and federal court. Ms. Peterson has been a speaker at workers’ compensation and employment law seminars sponsored by lawyers as well as by employers. She has also participated in in-house training for large employers. She is President of the Blount County Youth Court and President of the Tennessee Youth Courts, Inc. She is a member of the Tennessee Defense Lawyers Association, the Defense Research Institute, the Mid-South Workers Compensation Association, and a member/past officer of the Tennessee Lawyers Association for Women.


Dawn Trojan-RandleDawn Trojan-Randle is a Claim Specialist with Brentwood Services Administrators, Inc., in Brentwood, Tennessee.

 

 


Mallory Schneider RicciMallory Schneider Ricci, with Constangy, Brooks, Smith & Prophete, LLP, in Nashville, focuses her practice on assisting employers in defense of labor and employment matters in federal and state courts, as well as before administrative agencies. She represents a wide range of clients in a variety of employment matters, including alleged race, sex, age, and disability discrimination; wrongful termination claims; and state law claims. Ms. Ricci also assists employers in responding to administrative complaints and investigations before the Equal Employment Opportunity Commission. She was named a “Rising Star” by Mid-South Super Lawyers® in 2016. Ms. Ricci was born in Shalimar, Florida, and received her undergraduate degree from Florida State University and her law degree from Cumberland School of Law at Samford University, where she served as the Symposium Editor on the Cumberland Law Review. During law school, she competed on both the Mock Trial and Moot Court National Competition Teams. In recognition of her success and involvement in mock trial and moot court, she was inducted into the Order of the Barristers.


Steven L. ShieldsSteven L. Shields is a founding partner of Jackson, Shields, Yeiser & Holt in Memphis. His legal practice focuses on representing employers, both private and public sector. He is the Past President of the Memphis Bar Foundation and Past Chair of the Memphis Bar Association Section on Labor and Employment Law. He has been asked to serve on numerous boards, and in 2005 was appointed by the Commissioner of Education to the Tennessee Educator's Ethics Task Force. He is a frequent speaker at seminars on matters related to the focus area of his practice, having addressed more recently issues on resolving disputes in the workplace. He is the author of several publications including Alternative Dispute Resolutions in Tennessee (Professional Education Systems), Alternative Dispute Resolution: Staying in Business and Out of Court (Institute of Business Law). He has been listed in Best Lawyers in America® since 1991 and has been listed in Super Lawyers of the Mid-South® since 2008. He is a graduate of Hanover College, University of Toledo College of Law (cum laude), and Yale Law School. He is a member of the Memphis Bar Association, the Tennessee Bar Association, and the American Bar Association, as well as the Council of School Attorneys.


Steven N. Snyder, Jr.Steven N. Snyder, Jr., with McAngus Goudelock & Courie LLC in Memphis, focuses his practice in the area of workers’ compensation. He was named a Mid-South Super Lawyers® “Rising Star” in 2014, 2015, and 2016. He received his BA from the University of Arkansas and his JD, magna cum laude, from the University of Arkansas School of Law. He is admitted to practice law in both Tennessee and Arkansas. He has been admitted to practice in the U.S. District Court for the Western District of Tennessee, Western Division, and the U.S. District Court for the Eastern District of Arkansas, Eastern Division.


Chief Judge Ken SwitzerChief Judge Ken Switzer, of Nashville, is chief judge of the Court of Workers’ Compensation Claims. He previously practiced law at Howard Tate in Nashville, where he focused his practice in the areas of workers’ compensation, employment discrimination, personal injury, medical malpractice, and products liability defense. He received his B.A., cum laude, from David Lipscomb College and his J.D. from the University of Louisville.

 


Kenneth D. VeitKenneth D. Veit has been practicing law since 2003. Mr. Veit practices civil litigation in several areas of insurance defense. While in law school, Mr. Veit was a member of Phi Delta Phi, served on the Moot Court Board and was a member of the Jessup International Moot Court Team. Mr. Veit is a member of the American Bar Association, Tennessee and Nashville Bar Associations, Kentucky Bar Association, ALFA International, Defense Research Institute, and Tennessee Defense Lawyers Association. He has extensive workers' compensation defense experience at administrative, trial and appellate levels. He also performs general insurance defense work including premises liability, auto liability, trucking liability, and construction.

Agenda

DAY ONE (WEDNESDAY AFTERNOON, November 8)

Tennessee’s Court of Workers’ Compensation Claims: Practices & Procedures
1:00 p.m. to 2:30 p.m.
Chief Judge Ken Switzer, Court of Workers’ Compensation Claims
Judge Pamela Johnson, Court of Workers’ Compensation Claims
The creation of the Court of Workers’ Compensation Claims was a significant part of the 2013 reforms. Since that time, the number of trial judges has expanded to twelve, statutes, regulations, and rules have been tweaked a couple of times, and cases are now moving steadily through the trial system. This session will provide an update on the trial procedures and practices, including tips from the bench on trial practice, settlement approvals and closing medical benefits, what you can and cannot do by rule in the Court, and highlight some pitfalls to avoid.

  • Petition for benefit determination
  • Mediation requirements
  • Dispute certification notice
  • Initial hearings
  • Catastrophic injury
  • Expedited hearings
  • Discovery
  • Time requirements
  • Settlements


Break
2:30 p.m. to 2:45 p.m.

Causation: Medical or Legal Determinations, Panel and Case Law Discussions
2:45 p.m. to 4:00 p.m.
Kitty Boyte, Constangy, Brooks, Smith & Prophete, LLP, along with a panel of other attorneys and physicians
Causation is a key concept in Tennessee Workers’ Compensation Law that consists of both medical and legal components. Understanding what medical facts need to be expressed by the physician to support the application of the legal standard by attorneys and judges for medical causation will be the focus of a panel discussion. The panel, which will be led by Ms. Boyte and will include other attorneys and physicians, will explore situations such as work injuries that are the primary cause for a need for medical treatment but an underlying pathology already existed. The panel will discuss what findings must be present in an individual’s medical record to support a conclusion that factors other than work activity caused an injury or a need for treatment.

Social Media and the Workplace
4:00 p.m. to 4:45 p.m.
Catherine Dugan, Peterson White
Ms. Dugan will discuss some of the unique challenges faced by employers in dealing with social media in the workplace.

  • Best methods to obtain social media evidence
  • How to use and authenticate social media evidence
  • Privacy and evidentiary challenges


Penalties and How to Avoid Them
4:45 p.m. to 5:15 p.m.
Troy Haley, Director of Penalty Program
Mr. Haley will discuss the penalty rules, give examples of penalty-worthy offenses, and offer tips on how to avoid the imposition of penalties.

 

DAY TWO (THURSDAY, November 9)

 


ATTORNEY TRACK

Navigating the Workers’ Compensation Appeals Board
8:00 a.m. to 9:15 a.m.
Judge Marshall Davidson, Presiding Judge, Workers’ Compensation Appeals Board
The reforms to Tennessee’s Workers’ Compensation Act that took effect July 1, 2014, included the creation of the Workers’ Compensation Appeals Board. Now, three years later, the Appeals Board has rendered numerous decisions, initiated changes in legislation and regulations, and continually updated its Practices and Procedures. In this session, Judge Davidson, the presiding judge of the Appeals Board, will discuss the proper procedure for appealing a decision of the Court of Workers’ Compensation Claims and provide some practical advice for brief writing and oral argument, all of which is designed to help attorneys more easily and successfully navigate the appeals process.

Workers’ Comp Update
9:15 a.m. to 10:00 a.m.
Fred Baker, Wimberly Lawson Wright Daves & Jones
Mr. Baker will review the latest decisions from the Workers’ Compensation Appeals Panels, the Workers’ Compensation Appeals Board, and the Court of Workers’ Compensation Claims.

Morning Break
10:00 a.m. to 10:15 a.m.

Medicare Set-Asides in Workers’ Comp: What’s New?
10:15 a.m. to 11:00 a.m.
Steven N. Snyder, Jr., McAngus Goudelock & Courie

  • The Medicare Secondary Payer Statute
  • When is approval required – CMS published thresholds
  • Why obtain approval from CMS
  • What if a case does not meet Medicare’s threshold amounts
  • Allocating settlement funds when a settlement does not meet the threshold amount
  • Use of rated age in an MSA
  • Use of an annuity for MSA funding
  • Terms of the MSA account
  • Administration of a MSA account
  • Medicare’s enforcement rights


Mediation Ethics: Ethical Practices During ADR
11:00 a.m. to 12:00 p.m.
Steven L. Shields, Jackson, Shields, Yeiser & Holt
Mr. Shields will discuss ethical considerations in workers’ compensation practice faced by mediators and attorneys during an alternative dispute resolution proceeding.

  • Potential sources of bias, including prior relationships, the reaction to parties’ conduct during mediation, and bias in favor of a party or an outcome
  • Conduct that undermines self-determination
  • Distinguishing between providing legal information and giving legal advice


LUNCH (lunch is included with registration)
12:00 p.m. to 1:00 p.m.

Medical Issues and Their Role in a Workers’ Comp Claim
1:00 p.m. to 2:00 p.m.
Frank Gallina, Parker, Lawrence, Cantrell & Smith

  • Psychiatric and mental injuries
  • Occupational stress claims
    • Establishing stress claims
    • Proving compensability
    • Benefits available for stress claims
    • Injury fund claims
  • Work-related aggravations of pre-existing conditions
  • Repetitive motion and related injuries
  • Vocational rehabilitation
    • Impact of injury upon the worker and “suitable gainful employment”
    • Effective tools for dealing with injured workers
    • Cost-effective rehabilitation
    • The role of physical therapy


The Workers’ Comp Settlement Process
2:00 p.m. to 3:00 p.m.
Rocky King, Egerton, McAfee, Armistead & Davis, P.C.

  • Determining the settlement range
  • Types of settlements
  • Settlement agreements
    • What should be included?
    • Period of time for which benefits are paid
    • Critical language
  • Pitfalls to avoid when settling cases
  • Post-settlement issues


Afternoon Break 
3:00 p.m. to 3:15 p.m.

Hot Topics in Workers’ Comp: The Plaintiff’s Perspective
3:15 p.m. to 4:15 p.m.
Marshall McClarnon, Ponce Law
Mr. McClarnon will discuss some “hot” topics which plaintiff’s attorneys are dealing with under the current workers’ comp system.

Panel Discussion on New Law and Procedures 
4:15 p.m. to 5:00 p.m.
Fred Baker, Wimberly Lawson Wright Daves & Jones, moderator
Kitty Boyte, Constangy, Brooks, Smith & Profete
Frank Gallina, Parker, Lawrence, Cantrell & Smith
Rocky King, Egerton, McAfee, Armistead & Davis, P.C.
Marshall McClarnon, Ponce Law
The panel will discuss and entertain questions regarding the new court system and the changes which became effective in 2014.

     


EMPLOYER TRACK

Claims Management Tips for Employers
8:00 a.m. to 9:00 a.m.
Leslie Bishop, Lewis, Thomason, King, Krieg, & Waldrop, P.C.
Effective workers’ compensation claims management saves employers time, money and grief. Best practices in cost control strategies, plan design and program development positively impact the bottom line. Ms. Bishop will give an overview of how to manage a workers’ comp claim from start to finish and offer tips on how best to handle some issues that arise.

The Role of Handbooks, Policies, and Training
9:00 a.m. to 9:30 a.m.
Mallory Schneider Ricci, Constangy, Brooks, Smith & Prophete, LLP

  • Proper form and content
  • How to handle updates and policy revisions
  • Training supervisors and management to handle issues as they arise
  • What not to include


Conducting Investigations and Responding to Fraudulent Claims
9:30 a.m. to 10:00 a.m.
Mallory Schneider Ricci, Constangy, Brooks, Smith & Prophete, LLP

  • Call-in and sick leave policies
  • Information acquired from questionable sources, e.g., social media, office gossip, etc.
  • How to know when there is reasonable suspicion to launch an investigation
  • What not to include


Morning Break
10:00 a.m. to 10:15 a.m.

Workers’ Comp Update
10:15 a.m. to 11:00 a.m.
Fred Baker, Wimberly Lawson Wright Daves & Jones
Mr. Baker will review the latest decisions from the Workers’ Compensation Appeals Panels, the Workers’ Compensation Appeals Board, and the Court of Workers’ Compensation Claims.

Third Party Work Injury Claims
11:00 a.m. to 11:30 a.m.
Dawn Trojan-Randle, Claim Specialist, Brentwood Services Administrators, Inc.
If an employee is injured on the job and the employee’s injury was caused in whole or in part by the negligence of a third party, the employee may still seek and recover workers’ compensation from the employer. Let Ms. Randle explain how a workers’ comp claim is affected when a third party is involved in causing the accident and injury.

Conducting Effective Surveillance
11:30 a.m. to 12:00 p.m.
Dawn Trojan-Randle, Claim Specialist, Brentwood Services Administrators, Inc.
The use of surveillance in workers’ comp cases is an effective tool in the employer’s arsenal which may help employers to leverage settlements or get physicians to reconsider restrictions placed on injured workers. What’s new in the surveillance landscape is the social component of surveillance, which includes investigating an injured worker’s Facebook, Instagram, and other social media accounts. Let Ms. Randle walk you through some ways to use surveillance to your advantage.

LUNCH (lunch is included with registration)
12:00 p.m. to 1:00 p.m.

Workers’ Comp Claims: From Initial Report to Initial ADR
1:00 p.m. to 2:00 p.m.
Lynn C. Peterson, Lewis, Thomason, King, Krieg & Waldrop, P.C.
Let Ms. Peterson guide you through a typical workers’ comp case and offer you tips on handling the case – from the initial report of injury to the mediation hearing.

Scope of Employment Issues
2:00 p.m. to 3:00 p.m.
Kenneth D. Veit, Leitner, Williams, Dooley & Napolitan PLLC
Mr. Veit will review the scope of employer liability issues, including who is covered under workers’ compensation and what injuries are compensable.

  • Idiopathic injuries
  • Injuries occurring on the way to work or on the way home from work
  • Injuries occurring as the result of the actions or conduct of a third party


Afternoon Break 
3:00 p.m. to 3:15 p.m.

Preventing Workplace Injuries
3:15 p.m. to 4:00 p.m.
Wendy Fisher, Safety Compliance Manager, Tennessee OSHA
Creating and maintaining a safe and healthful workplace is an opportunity to “make” money. The costs associated with workplace accidents are many and not as obvious as one might believe. Ms. Fisher will offer tips on preventing workplace injuries before they happen.

Practical Considerations for Handling the Medical Aspects of Your Claim
4:00 p.m. to 5:00 p.m.
Mary Dee Allen, Wimberly Lawson Wright Daves & Jones
Ms. Allen will offer tips on handling the medical aspects of a workers’ comp claim. 

  • Physician panels
  • Causation opinions
  • Ratings
  • Communicating with the medical provider

 

DAY THREE (FRIDAY MORNING, November 10)

Why Do Opioids Not Work Long Term?
8:00 a.m. to 9:15 a.m.
Dr. Jeffrey Hazlewood, Board Certified in Physical Medicine and Rehabilitation, subspecialty Board Certification in Pain Medicine
Opioids have been around since the 1950s and have been prescribed for multiple conditions—to suppress cough, diarrhea, treat addiction, and most notably pain. Now, they have become the most addictive, most prescribed and most illegally used drugs in the United States. They aren’t even that effective long term. This session will look at possible reasons why long term opioids don't usually work in terms of improving quality of life and function. In addition to updating "the opioid crisis,” this session will explore possible reasons for failure: Opioid hyperalgesia and central effects of opioids; why opioids especially don't work in many injured workers; the lack of anatomical pain generators in many of these patients; and the psychological basis of pain and resulting opioid failure. Dr. Hazlewood will look at two case studies of opioid failure in work-related injuries and will look at research data on problems with long term usage.

Break
9:15 a.m. to 9:30 a.m.

Interplay Between FMLA, ADA, and Workers’ Compensation
9:30 a.m. to 10:45 a.m.
Howard M. Kastrinsky, King & Ballow
Mr. Kastrinsky will discuss how workers’ comp laws interact and affect two other employment-related areas—the Americans with Disabilities Act and the Family and Medical Leave Act—and will offer tips on how to comply with the unique requirements of each law.

  • Overlapping benefits
  • Transitioning between benefits
  • Keeping good records
  • Common pitfalls in eligibility verification


Termination and Retaliation Issues
10:45 a.m. to 11:45 a.m.
Chuck Mataya, Bradley Arant Boult Cummings LLP

  • Recent case law
  • Whistleblowers
  • When is termination a legal option?
    • Available leave?
    • Unrelated employee conduct or policy violation
    • Dealing with RIFs
    • Wrongful termination

 

 
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