2020 CLM Workers Compensation and Retail, Restaurant and Hospitality Conference
- Schedule/Sessions
- Speaker Bios
- Travel/Hotel Accommodations
-
SESSION 1 - Human Trafficking — The Silent Risk Download SESSION 1 - Start from the End-Managing High Exposure Litigation with Questionable Liability Download SESSION 2 - Defining Ethical Social Media Investigations and Leveraging Social Media Evidence to Craft a Solid Defense Download SESSION 2 - High Exposure Questionable Liability — Managing Litigation from a Hospitality Standpoint Download SESSION 3 - When Serving A Double Means Trouble Download SESSION 4 - Whose Employee is It - Borrowed Servant, Agency, and Vicarious Liability Dangers Download SESSION 5 - Assault and Battery- Emerging Trends in the Hospitality Industry Download SESSION 5 - Trends in Snow and Ice Slip and Fall Litigation Download SESSION 6 - Managing and Defending Employment Litigation With High Exposure Download SESSION 7 - New Technology Risks and Rewards Download SESSION 7 - Slip, Trip, and Fall Managing These Cases In A Retail, Restaurant, and Hospitality Environment Download SESSION 8 - Lawyers, Guns and Money Negligent Security Claims in the Age of Gun violence Download - Sponsors
- Event Policies
Schedule/Sessions
2020 CLM Workers Compensation and Retail, Restaurant and Hospitality Conference
2020 CLM Workers Compensation and Retail, Restaurant and Hospitality Conference
Session 1 - Human Trafficking — The Silent Risk
- Speakers:
Lance Ewing, Cotton Holdings, Inc.
Brittany Harvey, Aon
Kimberly Mehlman-Orozco, Freedom Light
Marisa Trasatti, Cipriani & Werner, PC
This session will discuss an overview of the shifting landscape of anti-trafficking work. The audience will learn about evolving case law and legislation, red flags of human trafficking, how the insurance industry is responding to the uptick in related claims, and how social media is being used to ensnare victims and combat traffickers.
The panel will lead discussions on what is human trafficking and the two primary types — labor trafficking and sex trafficking. They will also address legislation at state and national level, industries affected by trafficking and insurance fraud risks, and trafficking via social media and internet.
Session 1 - QCARE — Embracing Negligence Liability Exposure for Better Medical Outcomes and Cost Savings
- Speakers:
Ryan Brannan, The Brannan Firm
Jerry Fazio, Owen & Fazio, P.C.
Bill Minick, PartnerSource
Jeffrey Strege, Sysco Corporation
QCARE may be the most significant innovation in the field of workers compensation in the past quarter century. QCARE is a no-cost, voluntary, online designation to recognize employers with a responsible Texas injury benefit program that satisfies high industry standards emphasizing legal compliance, fairness in benefit delivery, insurance protections, and professional claims administration. It raises the bar on standards for a competitive alternative to traditional workers compensation. And rather than focus on how to avoid employer tort liability exposure, QCARE embraces tort liability exposure as a powerful force for good in driving safer workplaces, customer service, better medical outcomes for injured workers and cost savings. Attendees will understand the requirements for QCARE designation, including applicable state/federal laws, key injury benefit plan design elements, and requirements for insurance and claims administration.
Back to topSession 1 - Should I Talk to You? Potential Issues in Communicating with Brokers and Claims Advocates
- Speakers:
Bruce Bollman, Cincinnati Insurance Company
D. Pat Eckler, Pretzel & Stouffer, Chartered
Whitney Ross, WTW
Kathleen Wyeth, AF Group
The panel will discuss issues related to attorney-client privilege in the defense of matters and communications with brokers and claims advocates that are not related to the defendant’s insurer or defense counsel. As individuals in these roles increase to assist in the claims management process, insurers, defense counsel, and defendants should consider what information is appropriate to provide from a claim file to these various parties.
Back to topSession 2 - Age of Technology — Managing Workers Compensation Claims and Litigation Today
- Speakers:
Jeff Heaser, Astrus Insurance Solutions
Jennifer Morris Jones, Cranfill Sumner LLP
Dorothy Riviere, Bardavon Health Innovations
Caryn Siebert, Gallagher Bassett Services, Inc.
Technology is ingrained as an aspect of everyday life both at work and at home. With wearable devices such as Fitbits and smart watches, as well as social media, employees and employers are utilizing technology in unprecedented ways. This session will focus on both an overview of legal and medical breakthroughs, challenges, and strategic management of technological utilization in workers compensation claims. Specifically, it will focus on how technology can be used to monitor employee performance and safety, enhance post-injury care, and create additional opportunities for employees to return to work. Participants will also join in the conversation on how various issues and barriers from both the employer/administrator/insurer and the injured worker points of view must be considered when using technological advances in the workers compensation claims management process.
Back to topSession 2 - Start from the End — Managing High Exposure Litigation with Questionable Liability
- Speakers:
Sherri Johnson, Aimbridge Hospitality
Ryan Sandstrom, Self Employed
Michael Stine, Gallagher Bassett Services, Inc.
The session focuses on working a case backwards — beginning with an understanding of what the end goal is for each case, and managing the cost to get there. The panel will address initial reporting, budgeting, and setting realistic reserves, as well as detailed updating throughout litigation. The panel will also address building discovery with a focus on summary judgment. Participants will better understand how to evaluate specific venues, trial trends, and judge tendencies. The discussion will also outline jury research and jury selection tactics to manage the exposure of the case and associated costs. Finally, compassion and reptile elements of numerous cases will be addressed to highlight how to properly value a case, including costs, from the beginning to reach the end goal.
Back to topSession 2 - Work Comp? Premises Liability? You Can’t Have It Both Ways
- Speakers:
Paul Caleo, Gordon Rees Scully Mansukhani
Sonya Goykhman, Starbucks Corporation
Richard Keating, Swanson Martin & Bell, LLP
What happens when an employee is also a customer and an incident occurs? Does it matter if the person started the day as an employee, but ends the day as a customer? This session will discuss the intersection of a workers comp claim and a premises liability cause of action using an actual lawsuit involving a national retailer. The issues discussed will include the fraud and dual capacity exceptions to workers comp exclusivity as applied to a retailer, as well as the successful trial strategies used including the exclusion of the plaintiff's liability expert; the admission into evidence at trial of the comp benefits provided to the plaintiff and the basis for granting of a non-suit. The strategies and legal arguments used can be applied to other lawsuits and claims to assist in understanding and defining the risk that others may face.
Back to topSession 3 - Premier Session: Find, Develop and Retain – Mining the Next Gen of Leaders
- Speakers:
Shuaib Ahmed, ASA Law Group
Magdalena Alvarez Miller, ICW Group
Timothy Kelly, Gallagher Bassett Services, Inc.
Joan Ruedel, McDonald's Corporation
Executives from the RRH & WC industries share thoughts and insights on developing the Next Generation of Leaders. The panelist discuss their experience on the struggles and strategy necessary to ensure the Next Gen is ready to assume the leadership reins. Focus is given to specific strategies in the recruitment and retention of key talent that will emerge as the Next Gen Leadership.
Session 4 - Lawyers, Guns and Money — Negligent Security Claims in the Age of Gun Violence
- Speakers:
Sante S. Fratarcangeli, Conifer Insurance
Jeffrey Gill, Vernis and Bowling
Daniel Jahnsen, Dorf Nelson & Zauderer LLP
This session will include an overview of Premises Liability, focusing on the duty to foresee, prevent, and protect against gun violence. Is there a duty to screen for weapons and monitor social media for threats against your clientele? How is comparative fault applied and how is fault allocated between the respective parties? We will also discuss differences in joint and several liability, appropriate affirmative defenses, selection of experts as well as strategies in developing expert testimony. Our panel will discuss techniques in identifying potentially favorable jurors for these often complex cases.
Back to topSession 4 - Malingering — Perpetuating Fraud
A 2002 study in Journal of Clinical and Experimental Neuropsychology found that up to 29 percent of personal injury and 30 percent of disability claims involved possible malingering and symptom exaggeration, compared to probable malingering in up to 8 percent of medical cases not related to litigation. Malingering is a difficult diagnosis to prove. Courts generally view evidence in the light most favorable to the patient. Additionally, physicians base their opinions on their patients’ subjective complaints. Doctors need to trust their patients in order to effectively treat and support their patients.
Back to topSession 4 - Survivor — Workers Compensation Edition
- Speakers:
Michelle Leighton, Conner Strong & Buckelew
Michele Punturi, Marshall Dennehey
Robin Roeder, Sedgwick
David Shoaff, Red Lobster
When a valid workers compensation claim is made, the goal is a fair and swift resolution. Contested claims are a different story. Winning a contested claim is the goal for employers and insurance companies. However, employers are all too well aware that winning every contested claim is not possible. The realistic approach to claims resolution is to poke multiple holes in the employee's claim, thereby posturing the company for the best settlement outcome. This panel will discuss how employers can survive and thrive in the workers compensation claims management arena. Learn how two national companies are mitigating exposure and bolstering defenses with strategic risk management and claims management tactics. From pre-placement physicals, to safety and wellness plans, to employee and management education – you'll hear best-in-class strategies for realistic claims management that can allow for favorable resolution and even immunity from litigation.
Back to topSession 5 - Social Determinants of Health in Workers Comp Claims
When someone gets hurt at work, it's not just the injured party who is affected. For the employer, a work injury may mean lower productivity, higher costs and less money to the bottom line. And, let's not forget, the injured worker's family also often must deal with additional stress, changes in routine, and potential financial difficulties. Join this team of experts to discuss the importance of asking the right questions and gathering the right information so you understand what barriers might be in the way to an injured worker’s recovery. The panel will address socioeconomic status like age and housing, personal factors including finances and transportation, physical demands of employment, and access to appropriate healthcare — all of which can affect an injured worker's recovery and potential return to work.
Back to topSession 5 - Top Five from Four — Compelling Workers Compensation Topics from Four Perspectives
- Speakers:
Kevin Adams, General Mills, Inc.
Deborah Baker, State of Illinois
Michael Milstein, Downey & Lenkov LLC
Jill Wagner, Disparti Law Group
Ever wonder what opposing counsel is thinking? Or what your arbitrator really thinks of your case? Well, wonder no more. In this fast-paced, interactive, and engaging session, a panel of all-star workers compensation professionals will give you the inside scoop on five of the most compelling and current workers compensation topics. This one-of-a-kind gathering will help you with tools to identify and successfully manage workers compensation risks, claims, and legal issues. You’ll leave with practical takeaways on handling your day-to-day claims.
Back to topSession 5 - Whose Employee Is It? Borrowed Servant, Agency, and Vicarious Liability Dangers
- Speakers:
Cynthia Flanagan, Schenck, Price, Smith & King, LLP
Yvonne Hill-Planter, Skyward Specialty Insurance
Kevin O'Connor, Peckar and Abramson, PC
Kristen ONeill, The Hanover Insurance Group
What happens when a claim involves a contract worker? A temporary worker? This session will focus on the importance of investigating the existence of an employer/employee relationship at the outset of a claim. The panel will lead a discussion on how to determine if the insured staffing agency is an employer. Various liability standards under Title VII, ADA, and general vicarious liability standards wil be addressed.
Session 6 - Collateral Consequences of Weed — The Challenges of Cannabis in Claims
- Speakers:
Stephanie Burnstein, Segal McCambridge
Ronald A. Mazariegos, Ambridge
Donna Thomisee, Lugenbuhl, Wheaton, Peck, Rankin & Hubbard
Cannabis, whether used for medical or recreational purposes has a growing affect in workers compensation cases claims, employment cases, and general liability cases. Issues from testing, to what constitutes impairment or intoxication are common concerns in many legal arenas. In workers compensation, some issues include whether carriers must pay for medical marijuana, do they pay it directly to the provider or reimburse the worker, what rate to pay and what type of quality is required, and what is the liability in relation to Federal law still labeling it as a prohibited substance. In the employment arena, questions arise as to whether an employer can have a no tolerance policy. What policies are needed/required to accommodate medically prescribed marijuana? Lastly, we’ll discuss the critical issues regarding lack of standards for testing and levels of impairment, comparative liability, and admissibility of evidence.
Back to topSession 6 - Trends in Snow and Ice Slip and Fall Litigation — Industry Standards, Certifications, Legislation and Changing Contract Terms
Much has changed in the professional snow and ice management industry in the past few years. Attendees will learn about the American National Institute's recently accredited standards for snow and ice management. Developed for professional snow and ice management companies, companies that follow these standards are better able to protect themselves and those in the hospitality, restaurant, and retail when litigation ensures, especially as it pertains to slip and fall claims. Additionally, the industry has developed various certifications that will be discussed.
The panel will also discuss this tort legislation proposed and passed in various states and the effect of those in the retail, restaurant and hospitality industries. This session will provide attendees with the knowledge to better assess slip and fall claims from the outset and manage risk, and teach what experts are going to be looking at to find fault based on contract language as well as the written standards.
Session 6 - Using AI to Forecast Medical Exposure for Life Care Plans Used in Litigation
- Speakers:
Melissa Lawrence, BerkleyNet
William Pipkin, Austill, Lewis, Pipkin & Maddox, P.C.
Bennett Pugh, Fidelity Fiduciary Company LLC
Deborah Watkins, Care Bridge International, Inc
For those high exposure litigated claims, a medical cost projection or Life Care Plan is used to valuate future medical exposure, but are conventional methods accurate? We discuss, using research outcomes, the validity and integrity of existing methods and offer a use case for machine learning algorithms is improving the accuracy of medical valuations and real case studies demonstrating comparative outcomes. You do not want to miss this opportunity!
Back to topSession 7 - Bring on the All Stars —Building Your Team to Battle Work Comp Fraud
This session addresses effective fraud investigation in workers compensation claims. The most overlooked part of work comp claim handling is assembling the best cohesive team possible and how that team should interact. When in complete concert, the people in the team have a much greater efficiency than the sum of their individual parts. This leveraging for additional strength and efficiency is a golden opportunity for clams handling. This session will focus on how to assemble the best team possible, areas of responsibility and the importance of continuity and cohesiveness. Attendees will leave this session with a vastly increased knowledge of exactly how to assemble their team and make it the most effective.
Back to topSession 7 - Going to Pot — The Future of Pain Management
- Speakers:
Shari Botelho , Absentia Solutions
David Gold, Litchfield Cavo LLP
Matthew Gonder, BerkleyNet
Laws about medical and recreational marijuana vary from state to state making marijuana in workers compensation even more confusing for employers. To complicate matters, it is nearly impossible to assess a marijuana user’s level of impairment making it difficult to prove proximate cause. And, what happens if the marijuana has been prescribed by the injured workers’ physician for a medical condition? Or, what if the marijuana is prescribed to treat the work-related injury? Is marijuana, a Schedule I drug, a better alternative to Schedule II drugs such as OxyContin? Is this the future of pain management? This session will cover how claims professionals, medical professionals, and legal counsel can work together on workers compensation claims involving marijuana to obtain the best outcome for the carrier and the injured worker. The session will discuss the cannabis laws in the various jurisdictions as well as and what defense counsel would like carrier clients to know in order to prepare the best defense. The presenters will give practical tips for carriers and employers showcasing different claim and case management strategies to be used from causation investigations through return-to-work and recovery.
Back to topSession 7 - When Serving a Double Means Trouble
- Speakers:
Tanner Lenart, Christensen & Jensen
Jennifer Marino, Litchfield Cavo LLP
Gabriel S. Slominski, Crum & Forster
Bryan Vadnais, Bloomin' Brands, Inc.
Liquor liability claims can be some of the most costly claims and deadly situations the hospitality industry faces. From restaurants, to hotels and resorts to the simple grocery chain or convenience store, the exposure can be great. This session will focus on both tools to prevent liquor liability claims (training, policies, licensing issues, sales, and intoxication) to how to handle a claim once it arises. A substantive analysis of the industries duty of care to patrons, DRAM shop laws throughout the country, the potential to transfer risk, as well as recent updates as to changes in the law and recent significant legal progeny will be offered by counsel. The session will also include a practical discussion on handling these types of claims. Finally, this course will provide an analysis of coverage issues that arise when liquor liability is involved.
Back to topSession 8 - A Match Made in Heaven — How to Build a Strong Attorney-Client Relationship
- Speakers:
Brad Gronke, Gallagher Bassett Services, Inc.
Rich Lenkov, Downey & Lenkov LLC
Jennifer Rizk-O'Lynnger, Nyhan, Bambrick, Kinzie & Lowry, P.C.
Melissa Spinazzola, Amerisure Mutual Insurance Company
The working relationship between a defense counsel and the claim professional can have a major impact on the outcome of a claim. This session will focus on how to have the best relationship possible. Panel adjusters will highlight the qualities that make them want to refer files to a certain attorney time and time again. How do they best receive information from attorneys to assist in the day-to-day handling of their claims? What makes you select one attorney over another? What are the biggest pet peeves you have when dealing with attorney? Defense counsel will shed light on what an adjuster can do to help them have the best chance of success in litigation. Claims professionals will share their insights on how defense counsel can work best with them to formulate the strongest defense.
Back to topSession 8 - Advancing the Care of Patients with Disorders of Consciousness
The brain is one of the most complex organs in the body, and damage can cause a wide range of impairments called “Disorders of Consciousness.” The three main disorders of consciousness are coma state, vegetative state, and minimally conscious state. The challenge is to better understand and diagnose these dynamic states to apply the right care. Disorders of consciousness are fluid, which makes it challenging to directly observe and assess the impairments. Opinions among medical professionals often differ.
Back to topSession 8 - Managing and Defending Employment Litigation with High Exposure but Questionable Liability
- Speakers:
Robert Bernstein, Laner Muchin, Ltd.
Cindy Braun, Great American Insurance Group
Carrie Graziani, The Hanover Insurance Group
The panel will discuss the various legal and practical considerations associated with managing and defending employment litigation with high exposure but questionable liability. The panel will draw upon their experiences to discuss the importance of early evaluation of employment litigation matters, the potential effectiveness of mediations and settlement conferences, as well as the management and defense of these matters in the event that earlier resolution of these matters is not feasible given the particular circumstances involved. The panel will use case studies to illustrate important points and considerations in these areas.
Session 9 - Defining Ethical Social Media Investigations and Leveraging Social Media Evidence to Craft a Solid Defense
- Speakers:
Troy Bell, Courington, Kiefer, Sommers, Marullo & Matherne, L.L.C.
Curtis DeVries, Fraudsniffr
Rebecca Kassel, PMA Companies
Ebony Morris, Foley & Mansfield, PLLP
Janet Tucker-Coffey, Michaels Stores Inc.
Social media has become a hotbed of potential evidence in many cases over the past several years, especially in the areas of personal injury and workers compensation. This session will provide practical knowledge on ways to best access this invaluable data, to preserve social media sites, to obtain the evidence through discovery, and other ethical considerations associated with social media evidence.
Back to topSession 9 - Is It a Bot World? Can Digitized Claims Replace Human Touch?
- Speakers:
Jay Gates CPCU,ARM, AIC , Arthur J. Gallagher & Co.
Katie Hensley, Cottingham & Butler
Melissa Icban, ARM, Sedgwick
Patrick Sodoro, Sodoro Law Group
Join this interactive panel discussion on the issue of technology solutions utilized by third party administrators and claims managers and the impact of going digital. We’ll discuss the need for human contact with the claims professional and their skill set for handling claims. A look at the generation differences as to what injured workers need and will use from a technology standpoint will also be discussed.
Back to topSession 9 - Weed’s Legal, Now What? Developing Effective Drug Use and Safety Policies
- Speakers:
David Cohen, JMB Insurance Agency
Jerrold Leikin, NorthShore University HealthSystem
Lauren Serafin, Hennessy & Roach P.C.
Renee Sykes, The Ritz-Carlton, Chicago - Sage Hospitality Resources
With more states legalizing medical and recreational marijuana, employers face a whole new world of potential risks. This panel will provide an overview of the expansive and often conflicting federal and state marijuana laws. We will also address the pharmacology of marijuana and distinguish how it differs from alcohol. The panel of experts will focus on medical, recreational, and household product use. We will discuss the challenges in establishing a drug-free workplace while recognizing legal uses. How do you prioritize employee, customer, and guest safety within the scope of legal marijuana use? Employers also need to determine whether and for what to test. Challenges in this area include right to privacy laws, how recent one may have used marijuana, and whether it was done medically or recreationally within the scope of permitted state law or otherwise. We will discuss the challenge of attracting applicants from a labor pool that may be trending toward increased marijuana use.
Back to topSession 10 - High Exposure: Questionable Liability — Managing Litigation from a Hospitality Standpoint
- Speakers:
Wayne Clark, Foley & Mansfield, PLLP
Margaret Hackbarth, Renaissance Centro, LLC
Gale Kleitsch, Gallagher Bassett Services, Inc.
Anthony Martin, Wyndham Hotel Group
Managing claims where damages are high but liability is questionable requires finesse in the hospitality industry. This session will provide unique insight into how clients view these claims. The panel will discuss the important role playbed by the claims professional, risk manager, and outside counsel. The session will also address how large self insured companies expect their claims professionals to monitor and manage claims with possible high exposure.
Back to topSession 10 - Light Duty Works, If You Do
- Speakers:
Beth Burry-Jackson, Sedgwick
Lindsay Huffman, Amerisure Mutual Insurance Company
Kirsten Kaiser Kus, Downey & Lenkov LLC
Claire Muselman, Self Employed
Please join our panel to discuss the best ways to get Plaintiffs back at work and to MMI. Off work Plaintiffs do not rehabilitate and recover as well as those with a purpose. We will examine the mindset of injured workers in rehabilitation, returning Plaintiffs to work before reaching MMI and finding work available within restrictions. Our panel will also get into problem areas, such as dealing with malingerers, using surveillance to get Plaintiffs back to work and examining creative ways to give old claims a new look to move them in the right direction. We will also discuss when and how to utilize vocational rehabilitation efficiently.
Back to topSession 10 - New Technology Risks and Rewards — Robotics, Driverless Vehicles and Virtual/Augmented Reality
- Speakers:
Sean Milano, Morrison Mahoney, LLP
Adam Russ, Gordon, Arata, Montgomery, Barnett, McCollam, Duplantis & Eagan, LLC
The future is now as retailers, restaurants, and hospitality companies are embracing new technologies and advancements in robotics, driverless vehicles, and virtual/augmented reality in order to attract and satisfy tech-savvy customers; better deliver goods and services; and address labor and cost issues. This adoption of new technologies by the retail, restaurant and hospitality industries will result in great rewards, but undoubtedly also give rise to new legal and risk management challenges. This engaging panel will present and discuss topics for consideration and discussion.
Back to topSession 11 - Assault and Battery — Emerging Trends in the Hospitality Industry
- Speakers:
Heather Bailey, Amundsen Davis LLC
Danny Hart, CNA Insurance
Gary Linder, Jones, Skelton & Hochuli, P.L.C.
This session will provide an overview of assault and battery claims in the hospitality context — patron versus patron; security versus patron; and police versus patron. Specific topics will include: coverage pitfalls; affect of alcohol and drugs on defense; combining assault/battery with a premises liability claim; self-defense; the effect of internal security policies on the standard of care; the effect of the emergence and availability of body cam footage; and the pros and cons of sophisticated surveillance in the context of preventing future spoliation allegations and adverse inference rulings.
Session 11 - The Drones Have It — Flying Your Way into Work Comp
- Speakers:
Alicia DePalma, Lockton Companies, LLC
Cindi Hodges, Southern States Insurance Exchange
Wendy Smith, Morgan & Akins, PLLC
Joseph Teitelman, ARCCA, Inc.
As risk management evolves with technology, one of the new ways to reduce risk and injury is through drones. Drones have been used to prevent catastrophic injuries, reduce risk of exposure to hazardous substances, and assist in checking remote sites for employers. This reduces the cost of claims. With changes in the FAA regulations, more insurers have been using drones. We will explore how drones are affecting scene investigation, accident reconstruction, surveillance, monitoring disabilities, claims settlements, and exposure reduction.
Back to topSession 11 - The Opium of the Working Masses
- Speakers:
L. A. Casto, CPCU, Encova Insurance
Roberta Green, Shuman McCuskey Slicer PLLC
Donald B. “Bo Kirkpatrick, Carr Allison, P.C.
The opioid epidemic didn’t happen overnight and the solution to it won’t either. From 1999 to 2017, more than 700,000 people have died from a drug overdose. Around 68 percent of the more than 70,200 drug overdose deaths in 2017 involved an opioid. In 2017, the number of overdose deaths involving opioids (including prescription opioids and illegal opioids like heroin and illicitly manufactured fentanyl) was six times higher than in 1999. This session takes a high-level view of the national response to this crisis from a workers compensation standpoint. The panel will also focus in on the crisis from a state and local level with a focus on legislation and government action that have been effective.
Back to topSession 12 - Injury Care: Achieving Mental and Physical Recovery
- Speakers:
Mark Debus, MSW, LCSW, Sedgwick
Jim Roach, Hennessy & Roach P.C.
Thomas Ryan, Self Employed
Nancy Strubler, National Express Corporation
Recent workers’ compensation cases show that life-altering incidents can happen at any time or in any place. These events impact not only workers but also families and friends of those who were hurt. Workers’ compensation professionals must have a plan in place to protect and care for employees when these types of situations arise. It is important that a care plan respond quickly and effectively. Care and compassion from those trained and equipped to handle the aftermath of such injuries are needed. More attention must be given to mental well-being and behavioral health matters. Often, injury recovery and physical well-being are intertwined with mental health. The time to act is now before any of these types of situations occur. This session will examine realistic and practical ways to enhance the claims experience to ensure both mental and physical recovery and well-being.
Back to topSession 12 - Saving $1,000/Day — Avoiding Mandatory Reporting Civil Money Penalties
- Speakers:
Lavonya Chapman, Esq, RN, CMSP , Optum
Robert J. Finley, Hinshaw & Culbertson LLP
Suzanne Jordan, Broadspire
Michael Merlino, Sedgwick
Ever since the passage of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA), payers are looking deeper into their own mandatory insurer reporting processes and procedures and are becoming aware of the numerous potential penalties throughout the life of the claim. This includes a $1,000 per day civil money penalty for noncompliance. The panel will discuss safe harbors for Responsible Reporting Entities, which can evidence good faith efforts to properly and timely report mandatory information. The panel will also discuss the range of penalties that may be associated with a specific act, an omission, a purposeful mistake, a deliberate wrongdoing, a repetitive and wanton disregard for compliance, as well as for accidental acts, errors, omissions, and one-off mistakes.
Back to topSession 12 - Slip, Trip, and Fall — Managing These Cases in a Retail, Restaurant, and Hospitality Environment
- Speakers:
Tamara Cohen, ARCCA, Inc.
Gwyneth K. Murray-Nolan, Murray-Nolan Berutti LLC
Cathleen Rebar, Rebar Kelly
Jaynie Spies, Network Adjusters, Inc.
Slip, trip, and fall incidents are common in the retail, restaurant, and hospitality environments. How can they be prevented and what factors are involved in determining the liability for any claimed injuries by employees? This session addresses those topics and more as it provides a better understanding of how a biomechanical engineer evaluates slip, trip, and fall cases specific to employees in retail, restaurant, or hospitality environments. We will also look at the engineering codes and standards and labor laws for different scenarios. Proactive measures for safe working environments as a documentation for liability will also be discussed.
No Learning Objectives Available