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Tennessee Workers' Comp Conference - Materials Only

Tennessee Workers' Comp Conference - Materials Only

Product Code: T19WCM

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Tennessee Workers' Comp Conference - Materials Only

Held at the Nashville School of Law on Wednesday, Thursday, and Friday, November 6-8, 2019

This conference puts you in contact 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 in the workers’ comp system.

Conference includes one day in which 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.

Topics will include the medical and legal determinations of causation in a workers’ comp case, challenges faced by employers when dealing with social media in the workplace, tips on how to avoid the imposition of penalties, a doctor’s perspective on the opioid epidemic, interplay between workers’ comp, the ADA, and the FMLA, termination and retaliation issues, and more.


Day 1: Wednesday, November 6, 2019 (1/2 Day) 

12:30 PM to 1:45 PM
I-9 Compliance: Preparation of I-9s, Self-Audits, and ICE Audit
Terrance L. Olsen

  • Employment Eligibility Verification - An Overview
  • Revised I-9 Form and Requirements
  • Recent Guidance on Electronic I-9 Systems and Internal Audits
  • Compliance and Risk Issues
  • Common I-9 Violations and Mistakes
  • Possible Fines and Penalties
  • Best Compliance Practices
  • The interplay between I-9 and E-Verify

1:50 PM to 3:20 PM
A Look at the Use of the AMA Guides, A Discussion by a Panel of Physicians
Kitty Boyte accompanied by Physicians Panel:
Paul A. Abbey, M.D., Gray C. Stahlman, M.D., & Joseph A. Wieck, M.D.

3:25 PM to 3:35 PM
Afternoon Break

3:35 p.m.- 4:50 p.m.
The Devil is in the Details: How to Improve Your Chances on Appeal
Elizabeth Vines

  • Appeals process from perspective of an Appeals Board staff attorney
  • Attention to detail, or lack thereof, affects a litigant’s chances of success on appeal

Day 2: Thursday, November 7, 2019



8:00 AM to 9:00 AM
Understanding the Uninsured Employers Fund: From Compliance to Benefits
Amanda Terry & Claudia Byers

9:00 AM to 9:15 AM
Morning Break

9:15 AM to 10:15 AM
Hot Topics in Worker’s Comp
Judge Thomas Wyatt

10:20 AM to 11:20 AM
Tennessee Court of Worker’s Compensation Claims
Judge Pamela B. Johnson

  • Best Practices for Litigating Cases in the Court of Worker’s Compensation
  • Update on the new Rules and Procedures: What are the Changes?
  • Test your Knowledge on Current Worker’s Compensation Laws

11:20 AM to 12:25 PM


12:25 PM to 1:20 PM
Key Areas of Tennessee Workers’ Compensation…An Examination in the Context of the 2013 Reform Act Changes (Part 1)
Judge Amber Luttrell & Judge Allen Phillips

  • How the definition of injury has changed and is evolving
  • The concept of causation and how to establish it
  • Permanent Disability then and now…partial, extraordinary and total

1:20 PM to 1:35 PM 
Afternoon Break

1:35 PM to 2:35 PM
Key Areas of Tennessee Workers’ Compensation…An Examination in the Context of the 2013 Reform Act Changes (Part 2)
Judge Amber Luttrell & Judge Allen Phillips

  • How the definition of injury has changed and is evolving
  • The concept of causation and how to establish it
  • Permanent Disability then and now…partial, extraordinary and total


2:40 PM to 3:40 PM
Ethics in Worker’s Compensation
Sean Hunt

3:45 p.m. – 4:45 p.m.
Trial and Tribulation: 2019 Developments in High Exposure Claims and Other Hot Topics

Evan Hauser

  • Mental Injury Statute of Limitations
  • Extraordinary Benefit Claims
  • Other Topics & Rule Change


3:50 PM to 4:50 PM
Trial and Tribulation: 2019 Developments in High Exposure Claims and Other Hot Topics
Evan Hauser

  • Mental Injury Statute of Limitations
  • Extraordinary Benefit Claims
  • Other Topics & Rule Changes




8:00 AM to 9:00 AM
Claims Management
Leslie Bishop

9:00 AM to 9:15 AM
Morning Break

9:15 AM to 10:15 AM
Legislative & Case Law Update
Catherine Dugan

10:20 AM to 11:20 AM
Medical Issues Update
Frank Gallina

11:20 AM to 12:25 PM

12:25 PM to 1:25 PM
Adult Education & Aging Workforce
Ian White, Department of Labor

 1:25 PM to 1:40 PM
Afternoon Break

1:40 PM to 2:40 PM
Do It Yourself Worker’s Comp
Evan Hauser

  • How to Build your own Self-Insured, Self-Administered Workers’ Compensation
  • Program Services & Workflow
  • Compliance Considerations
  • Claims Approach

2:30 PM to 2:45 PM 
Afternoon Break

2:45 PM to 3:30 PM
Employment Law Updates
Jennifer White

  • Anti-Bullying Policy
  • Federal Updates
  • TN Updates

3:35 PM to 4:50 PM

Trajectory of the TN Workforce
Deniece Thomas
Deputy Commissioner, Department of Labor


Day 3: Friday, November 8, 2019 (1/2 Day)

8:00 AM to 9:00 AM
Termination & Retaliation
Andrea Stilgenbauer
Ponce Law

9:05 AM to 10:05 AM
Best Practices in Workers’ Compensation Claims
Michael Haynie

  • Reporting claims
  • Providing and directing medical treatment
  • Avoiding pitfalls in common defenses
  • Reducing temporary and permanent disability exposure

10:05 AM to 10:20 AM
Morning Break

10:25 AM to 11:25 AM
2019 Wage & Hour Update for Employees & Employers
Bob Boston
Waller Law

  • The Trump administration’s influence on trends and changes in the past year
  • Recent changes to overtime exemptions and entitlement
  • Recent case law that may affect your client’s rights and obligations
  • What to expect in 2020 in regards to Wage & Hour Law

11:30 AM to 12:30 PM
The Shaft: What the Tennessee Worker really got in Reform Act
Rocky McElhaney

  • Remembering the Great Compromise
  • A look back at the 2013 debate
  • Real World stories of Real People under the New Law
  • What we know from the appellate decisions
  • What we know about the real costs of insurance and medical
  • Where are the jobs?


Your Distinguished Faculty

Dr. Paul Abbey, M.D.

Dr. Paul Abbey, M.D.
Board Certified Orthopedic Surgeon
Fellowship Trained in Hand & Upper Extremity Reconstructive Microsurgery

“My home is Tennessee, where else could you want to be”?  Well established in Central Tennessee, Dr. Abbey has made a home connected to a wide network of patient care.  “Hand Health is instrumental to “Life”, my goal is to offer restoration/maintenance for maximum hand facility.   His expertise initiated with family and Medical School in the North, Tufts University, School of Medicine   Boston MA.  Esteemed Residency coupled with our very own Vanderbilt University Medical Center, in addition to Tufts University School of Medicine.  Further training expanded Worldwide, coupled with Baylor University, Dallas Texas AND St. Vincent’s Hospital Melbourne and John Madden, MD with Tucson, AZ.   Dr. Abbey complimented the pace of developing expertise with the growth of his patient’s desire for improved health.

Leslie Bishop

Leslie F. Bishop, a Lewis Thomason shareholder, 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.

Ms. Bishop joined the firm from the Tennessee Department of Labor Workers’ Compensation Division where she supervised the Knoxville Regional Office which covered nineteen 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.

Bob Boston: Companies seeking strategic advice or hands-on representation in business, commercial, labor or employment litigation matters rely on Bob Boston for his depth of knowledge and extensive trial experience. A litigation strategist and tactician, Bob helps clients look beyond the reactive way of thinking to develop solutions to their litigation and employment issues. Clients rely upon Bob for his practical, creative advice. Representative companies include:

  • Retailers
  • Domestic and international manufacturers
  • Nationwide service providers
  • Healthcare systems, suppliers, providers, and payors of all kinds

Clients and peers report that Bob is "clearly one of the leaders" in his field. His amiable style and intellectual approach to problem-solving balance a formidable courtroom presence and willingness to do battle. Businesses hire Bob for his reputation as a determined thinker and preeminent litigator. They rehire him because he delivers results.

During his career as a commercial and employment litigator at Waller, Bob has over 30 federal and state reported and published appellate opinions from multiple jurisdictions. He has handled litigated matters in 28 states.

Kitty Boyte has over the past 20+ 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 the 95 counties in the state of Tennessee. She is a frequent speaker to industry and its insurers on local state, and national levels; and is a guest lecturer on workers’ compensation at the Nashville School of Law and on business ethics at Middle Tennessee.

Claudia Byers

Claudia Byers is an Associate Attorney for the Tennessee Bureau of Workers’ Compensation, where she provides legal support for the Compliance Unit and represents the Bureau in contested matters. She also assists in the administration of the UEF Benefit program. During her time with the Bureau, Claudia has developed many valuable training opportunities for the Compliance Unit. She is a member of the Employee Misclassification Advisory Committee. Claudia is active in the community and currently serves as the Vice President of Operations for the Junior League of Nashville. Claudia earned her JD from Belmont University College of Law in 2014. 

Catherine Dugan

Catherine Dugan is a litigation attorney who has practiced in the insurance defense industry since 2004. 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, Cate’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 when needed. 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 Cate’s 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. Cate also enjoys lecturing and presenting at seminars and conferences on important issues facing the practice of workers’ compensation defense.

Cate was chosen for the Tennessee Bar Association Leadership Law Program and has been selected as a Mid-South Super Lawyers Rising Star.  She has also recently been named an Ambassador for the Alliance of Women in Workers’ Compensation. Cate is a Past President and current Board Member with the Tennessee Defense Lawyers Association. She is also the Tennessee State Representative for the Defense Research Institute, as well as an active member of the DRI Workers’ Compensation Committee. Cate is also involved with the Mid-South Workers’ Compensation Association, the Blue Goose Tennessee Pond, the Tennessee Bar Association Leadership Law Alumni, and the Lawyers’ Association for Women, Marion Griffin Chapter. She is licensed to practice in all courts in the State of Tennessee. 

Frank Gallina

Frank 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.


Gallina 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.

Michael Haynie

Michael L. Haynie is a principal with Manier & Herod.  For over 20 years, he has specialized in representing employers and insurers in workers’ compensation claims.  Mr. Haynie is frequently called upon to draft and advise on workers’ compensation legislation in the Tennessee General Assembly and has authored amicus briefs filed in the Tennessee Supreme Court on behalf of the business community.  He is also actively involved in forums and rulemaking proceedings at the Tennessee Bureau of Workers’ Compensation.  In recognition of his contributions to the Tennessee Workers’ Compensation Law, Mr. Haynie received the Tennessee Defense Lawyers Association 2016 Defense Lawyer of the Year award.  


Evan E. Hauser

Evan E. Hauser joined the Knox County Law Director’s Office as Deputy Law Director in July, 2013 to design, implement, and oversee Knox County’s self-insured, self-administered workers’ compensation program. In July, 2016 the Knox County Law Department- Workers’ Compensation Division assumed coverage and administration for Knox County Schools’ workers compensation claims under the Knox County’s self-insured program. The Workers’ Compensation Division currently self-insures approximately 11,800 employees.

Practicing law since 2005, Evan also counsels Knox County leaders and supervisors in a variety of employment law and general torts liability matters in addition to litigating claims in court.

Sean Antone Hunt is the owner of the Memphis boutique commercial defense law firm, The Hunt Law Firm, where the two-person law firm brings a unique team format to in-house counsel and business clients for their litigation needs. For the past 20 years, he has practiced in the areas of section 1983 litigation, construction litigation, products liability, personal injury, workers' compensation, and insurance defense. Recently, Mr. Hunt has become a Rule 31 trained mediator as well.

Pamela Beason Johnson

Pamela Beason Johnson is a Workers’ Compensation Judge for the Tennessee Court of Workers’ Compensation Claims. In May 2014, Judge Johnson was appointed to the newly established Tennessee Court of Workers’ Compensation Claims. Now a twelve-member Court, Judge Johnson currently hears cases pending in Knoxville. She is a member of the Tennessee Bar Association (TBA), Knoxville Bar Association (KBA), and East Tennessee Lawyers’ Association for Women (ETLAW). She is also a member of the National Association of Workers’ Compensation Judiciary (NAWCJ) where she sits on the Board of Directors. She is a regular speaker on issues of workers’ compensation practice and procedures at the national, regional, state, and local levels. She received her Bachelor’s Degree from the University of Tennessee, Knoxville in August 1997, and her law degree from the University of Memphis, Cecil C. Humphreys School of Law in May 2000.

Judge Amber Luttrell

Judge Amber E. Luttrell
Tennessee Court of Workers’ Compensation Claims
In 2015, Judge Luttrell was appointed to the Tennessee Court of Workers’ Compensation Claims. She currently hears cases pending in Jackson and Memphis.  Before her appointment, Judge Luttrell practiced law with Waldrop & Hall in Jackson in the area of insurance defense with a concentration in workers’ compensation. She is licensed to practice law in Tennessee and Mississippi. She is a member of the National Association of Workers’ Compensation Judiciary (NAWCJ) and a Master of the Bench in the Howell Edmunds Jackson Chapter of the American Inn of Court. Judge Luttrell is a regular speaker on all things relevant to Tennessee workers’ compensation law.  She received her bachelor’s degree from Millsaps College, and her law degree from the University of Mississippi School of Law in 2001. 

Rocky McElhaney

Rocky McElhaney is the award-winning founder and CEO of the Nashville based Rocky McElhaney Law Firm where he limits his practice to significant cases involving catastrophic, brain and spinal cord injury, wrongful death and commercial vehicle crashes.  From offices in Nashville, Hendersonville and Knoxville, Rocky and his nationally recognized team represent injury victims across Tennessee and throughout the Southeast.  Rocky is an active member and past President-Elect of the Tennessee Trial Lawyers Association.  He and his wife Penny, also a trial lawyer, work together at the office on serious injury cases and at home raising four rambunctious kids, a black lab, a barn cat, a gecko and two thoroughbred racehorses named Titan and Tank.  Rocky is just as comfortable coaching his sons on the little league baseball field as he is arguing for his clients before the Tennessee Supreme Court, which he has done six times, clarifying or creating law for injured people across Tennessee. 

Terry Olsen

Terrence L. Olsen, Esq.. (“Terry”), partner of Olsen Law Firm founded Olsen Law Firm in September 2003, and practices Immigration & Nationality Law exclusively. Terry has served, and continues to serve, the international community and his clients’ interests in the United States and internationally. By actively participating in government discussions of immigration law and policy, Terry is an active participant with the agencies governing immigration law, rather than being an observer on the sidelines.

Terry is an alumnus of William and Mary Law School, Southern Illinois University, and the University of Tennessee at Chattanooga. While in law school, Terry spearheaded several legal organizations and was involved in the following law student organizations – member of the William and Mary Law Review, Articles Editor of the William and Mary Bill of Rights Journal, Justice of Phi Alpha Delta, Virginia Trial Lawyers Association, Technical Assistant of Courtroom 21, Research Assistant for Professor Grover, Law Clerk for the Commonwealth’s Attorney, and Extern at Goodman and Company.


Judge Allen Phillips

Judge Allen Phillips hears cases in the Court of Workers’ Compensation Claims in Jackson and Memphis. A Jackson native, Judge Phillips attended Lambuth College where he graduated with honors in 1987. Judge Phillips graduated from the University of Tennessee College of Law in 1990. While in law school, he served on the editorial board of the Tennessee Law Review. Judge Phillips was one of the first eight judges appointed to the Court of Workers’ Compensation Claims in 2014. Before his appointment, he practiced law with Waldrop & Hall in Jackson for twenty-four years in the areas of insurance defense and general practice with a concentration in workers’ compensation. He was in active in the local Bar Association, serving on the Board of Directors and receiving the Liberty Bell Award in 1995 for outstanding service to the Bar. He is currently a Master of the Bench in the local American Inns of Court, a member of the National Association of Workers’ Compensation Judiciary and was a major contributor to “A Century of Progress and Prospective,” a book commemorating the Centennial of Workers’ Compensation in Tennessee. 

Dr. Gray Stahlman

Dr. Gray C. Stahlman is board certified by the American Board of Orthopedic Surgery and specializes in surgery of the spine. His practice includes all aspects of spinal care including degenerative stenosis, lumbar disc herniation, lumbar instability, spinal deformity and spinal trauma. He also performs cervical spine surgery, minimally invasive spine surgery, sacroiliac fusion and kyphoplasty for compression fractures. In addition to his clinical practice, Dr. Stahlman has been retained on numerous occasions as a legal consultant and testifying expert regarding spinal issues representing both plaintiff and defense cases.

Dr. Stahlman joined Tennessee Orthopedic Alliance in August of 1996. He has numerous publications and several book chapters about the spine to his credit. His research has been presented at several national meetings.

Dr. Stahlman has previously served in the leadership of TOA, on the Board from 2003 through 2008. He has been the corporate compliance officer of TOA for more than a decade and also currently serves on the TOA manpower committee. He has served as vice chief and chief of the department of Orthopedics at St. Thomas Midtown Hospital twice each in recent years and continues to consult with the medical staff with respect to spinal concerns.

In his time away from the office, he enjoys cycling, exercise, sporting clays, cooking (and of course eating) and spending time with his wife and his dog. He and his wife have a particular love for the South Carolina low country. Certifications: American Board of Orthopedic Surgery

Andrea Stilgenbauer

Andrea Stilgenbauer is from Detroit, Michigan. She received her bachelor’s degree in business from Tennessee Tech University where she graduated magna cum laude and played on the women’s soccer team. Andrea also attended the Institute in Bioethics at Yale University. She earned her Juris Doctorate at the University of South Carolina School of Law. Andrea is an attorney at Ponce Law and has several years of legal experience fighting for injured people in Tennessee. Her practice areas at Ponce Law include motor vehicle collisions, personal injury claims, and workers’ compensation cases.

Amanda Terry

Amanda Terry is the Director of Compliance for the Tennessee Bureau of Workers’ Compensation. She has been with the Bureau since 2015. In her role, she oversees the Compliance Unit consisting on investigators and attorneys that identify employers that fail to comply with the requirements of the Workers’ Compensation Laws. She also assists in the administration of the UEF Benefit program. Prior to becoming Director, Amanda worked as an attorney and a mediator for the Bureau. She is a graduate of the Tennessee Government Executive Institute and serves as the Chair of the Employee Misclassification Advisory Committee. Amanda earned her JD from Mississippi College School of Law in 2009.

Deniece Thomas

Deniece Thomas
Deniece Thomas currently serves as the Deputy Commissioner of Workforce Learning and Development with the Tennessee Department of Labor and Workforce Development. She has oversight of Adult Education, Workforce Service and WIRED division which houses LMI along with data research and analytics teams.

Elizabeth Vines

Elizabeth Vines received her undergraduate degree from Mary Baldwin College, a Master’s in Criminal Justice from the University of North Alabama, and her law degree from Vanderbilt University Law School. She joined the Bureau of Workers’ Compensation in 2008 as a Workers’ Compensation Specialist. In that capacity, she mediated several hundred workers’ compensation claims and handled several hundred requests for assistance. She has been a staff attorney for the Workers’ Compensation Appeals Board since 2015, working out of the Cookeville office.

Dr. Joseph A. Wieck

Dr. Joseph A. Wieck graduated from the University of Notre Dame in 1981, with a degree in Biology. He then received his Medical Degree from the University of Tennessee Center for Health Sciences in Memphis in 1985, where he also served his general surgical internship. He completed his residency at the Campbell Clinic in Memphis, Tennessee.

Dr. Wieck is Board Certified by the American Board of Orthopedic Surgeons. His areas of specialization include sports medicine, arthroscopy, surgery of the knee and shoulder, trauma, and joint replacement. He is a fellow of the American Academy of Orthopedic Surgeons, the American Medical Association, and many other societies. His medical staff affiliations include the Hughston Clinic Orthopedics Surgery Center, Southern Hills Medical Center and Stonecrest.

Dr. Wieck’s professional experience includes service in the United States Navy, where he served during Operation Desert Storm. From 1994 to the present, he has been in private practice in Nashville.

Dr. Wieck’s Specialties Include: Arthroscopy, General Surgery, Joint Replacement, Sports Medicine and Orthopedic Trauma

Ian White, Assistant Commissioner

Ian White was appointed Assistant Commissioner of the Adult Education division in 2017.  He began his career with the Department of Labor and Workforce Development as the Director of Performance and Compliance for that division. In this role, White handled reporting requirements for local adult education programs; ensuring data was captured properly for federal reporting.  During that time he also led the team that monitored the local programs, to make certain all grantees abided by, and remained in compliant with, state and federal requirements.

Before working with the Adult Education division, White served as an Appeals Hearing Officer for Unemployment Appeals unit in the Department’s Employment Security division.  In this role he reviewed and made decisions on appeals of unemployment benefits decisions.

Prior to his coming to Tennessee state government, White worked with the University of Mississippi Medical Center, where he analyzed legislation during the Mississippi legislative session to determine any possible impact on the hospital.

White graduated Freed Hardeman University with a Bachelor of Arts in History and minor in Political Studies.  He later earned his Juris Doctor degree from Mississippi College School of Law.

Jennifer White

Jennifer White began her practice in 2002 in criminal defense and plaintiff personal injury work. In 2004, she made the change to insurance defense, and began a career of representation of employers and insurance companies throughout Tennessee. She has represented companies in the defense of numerous workers compensation and personal injury claims, defense of retaliatory discharge claims, and in collection actions. She is an experienced trial attorney who has been litigating in both state and federal courts throughout Tennessee since 2002. In 2011 she was one of the founding partners of Peterson White, LLP, a firm which focuses on representing employers and carriers in Tennessee, Kentucky and Alabama.

Judge Thomas Wyatt

Judge Thomas Wyatt 
Is a judge in the Chattanooga office of the Court of Worker’s Compensation Claims. He was appointed in 2014 as one of the initial class of Worker’s Compensation Judges. Prior to that, Judge Wyatt was in private practice for 32 years with Summers & Wyatt, P.C. in Chattanooga where he handled workers’ compensation, tort, and social security cases. A graduate of the University of Tennessee College of Law, he attianed his undergraduate degree in Political Science at the University of Tennessee at Chattanooga. During his professional career, he was a hearinf examiner for the Tennessee Bpard of Professional Responsibility and a fellow of the Chattanooga Bar Foundation. Judge Wyatt served on several committess of the Chattanooga Bar Association and is married to Linda. They have two grown sons and three grandsons. He is a Bible study teacher in his church and enjoys traveling, yardwork, and watching his grandsons’ athletic activities.

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