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2007 Agenda

Claims Management Best Practices to
Minimize Costs and Maximize Efficiency

Thursday, June 14, 2007 Optional Workshops
7:30 am	8:30 am	Continental Breakfast and Workshop Registration
8:30 am	11:30 am	Workshop: Surviving the Workers' Comp Jungle: Everything You Need to Know About Delaware Workers' Comp Laws in Plain English
11:30 am	12:30 pm	Light Lunch and Conference Registration
Thursday, June 14, 2007 Main Conference
12:30 pm	12:45 pm	Opening Remarks from the Chair
12:45 pm	2:45 pm	KEYNOTE SESSION: Legislative Update: Interpreting the Impact of SB 1 Legislation on Delaware Employers
2:45 pm	3:00 pm	Break
3:00 pm	4:00 pm	Proactive Strategies for Handling Employees with Preexisting Injuries and Chronic Conditions: Understanding the Role of Employers in Diabetes Management
4:00 pm	5:00 pm	Point-Counterpoint: What You Can Do to Prevent Contested Claims and Expensive Litigation
5:00 pm		Day 1 Concludes
Friday, June 15, 2007 Main Conference
7:30 am	8:30 am	Continental Breakfast
8:30 am	9:45 am	KEYNOTE SESSION: Safely Navigating the Complex Maze of State and Federal Leave and Disability Laws: FMLA, ADA, Disability, and Workers' Comp
9:45 am	10:45 am	Maximizing the Results of Safety and Injury-Prevention Programs to Minimize Accidents and Costly Claims
10:45 am	11:00 am	Break
11:00 am	12:15 pm	Implementing a Return-to-Work Program that Will Have a Positive Impact on Employer Costs and Injured Employee Outcomes
12:15 pm	1:15 pm	Networking Lunch
1:15 pm	2:15 pm	Diminishing Your Liability Risk When Disciplining or Terminating Employees Who Have Been Injured or Filed a Claim
2:15 pm	3:30 pm	Stop the Suffering: Treating and Managing Back Injuries to Reduce Employer Costs and Employee Pain
3:30 pm		Conference Concludes
Workshop: Surviving the Workers' Comp Jungle: Everything You Need to Know About Delaware Workers' Comp Laws in Plain English When an employee is injured, the employer has to deal with a wide variety of challenges. You are working with the employee, the medical providers, claims managers, and the Office of Workers' Compensation. This can be complicated and frustrating if you are not sure of the path you need to follow. Our experienced speakers will walk you through the process from A to Z in plain language, so you can ensure compliance and maximize the efficiency of your process. Understanding the Delaware workers' compensation legislation Defining the agencies and responsibilities in the Division of Industrial Affairs Looking at the difference between private insurance and self-insurance What your organization can do to ensure efficient claims resolution Managing the paperwork, forms, and due dates for workers' compensation claims Tips for efficient and successful claims handling Resolving disputed claims through Division hearings Alcohol and drug use and eligibility for compensation Scott R. Mondell, Esq., Director ELZUFON AUSTIN REARDON TARLOV & MONDELL, P.A. Back
12:30 pm Opening Remarks from the Chair Timothy A. Casey, Esq., Shareholder MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Back
12:45 pm KEYNOTE SESSION: Legislative Update: Interpreting the Impact of SB 1 Legislation on Delaware Employers SB 1 reforms: How new legislation will revamp the workers' comp system The new Healthcare Advisory Panel: How will it affect fees, practice guidelines, and claims procedures? Certification of workers' compensation providers: Will this change treatment options? Standardized data transmission protocol: How will it change reporting? Correctly determining average weekly wages Working with the Delaware Division of Vocational Rehabilitation Don't call it an IME! Mediation, arbitration, and settlements in the SB 1 reforms Should you self-insure? The pros and cons of self-insurance Taking a look at the workplace safety program requirements in the SB 1 reforms Discover how the latest case law will impact your case settlements Timothy A. Casey, Esq., Shareholder MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Back
3:00 pm Proactive Strategies for Handling Employees with Chronic Conditions: Understanding the Role of Employers in Diabetes Management An employer can increase productivity and reduce lost time by ensuring employees take care of their health and individual conditions and being a cheerleader in the role of disability management. One condition that employers can really impact is diabetes. There are 28 million people in the United States with diabetes. That is 7% of the population. Sadly, 6.2 million people are unaware they have this disease. This chronic condition can cause serious health problems and make workers' comp injuries much, much worse. Listen as Kathy Stroh from the Diabetes Prevention and Control Program at the Delaware Division of Public Health gives you tips on how to help employees with diabetes prevent and control problems. Understanding how diabetes impacts the workplace Minimizing absenteeism and reduced productivity by keeping employees healthy Encouraging communication between employees, the employer, and medical providers Designing job descriptions with essential functions to determine the right requirements for each position Motivating employees to take control of their health Privacy concerns in taking an active role in employee health Kathy Stroh, MS, RD, CDE DIABETES PREVENTION AND CONTROL PROGRAM, BUREAU OF CHRONIC DISEASES, DELAWARE DIVISION OF PUBLIC HEALTH Back
4:00 pm Point-Counterpoint: What You Can Do to Prevent Contested Claims and Expensive Litigation Employees usually hire attorneys when they feel like no one is looking out for their best interests. Whether it is lack of communication, no follow-up, confusing statements, or that the employee is feeling attacked, there are ways you can minimize the chance the employee will contest or litigate his or her claim. Hear what our defense attorney and claimants' attorney have to say about ways you can prevent trouble. Avoiding the most common mistakes employers make when dealing with injured employees Understanding what a claimants' attorney looks for in cases to take to court: What your organization can do to avoid litigation Minimizing the difficulties in managing a disputed claim: Strategies for dealing with employees and their attorneys Alternative dispute resolution methods for handling contested claims Determining the key issues when looking for a settlement: How to make it a win-win negotiation Defense Attorney: H. Garrett Baker, Esq., Director ELZUFON AUSTIN REARDON TARLOV & MONDELL, P.A. Claimants' Attorney: Donald E. Marston, Esq., Attorney LAW OFFICES OF DOROSHOW, PASQUALE, KRAWITZ & BHAYA Back
8:30 KEYNOTE SESSION: Safely Navigating the Complex Maze of State and Federal Leave and Disability Laws: FMLA, ADA, Disability, and Workers' Comp There are so many overlaps in leave laws it can often be a confusing maze of rules and regulations, with no clear direction to take. Our speakers will provide you with a map to navigate your way through overlapping leave laws. Learn how you can manage your leave and absence program to ensure compliance. Determining whether an injury falls under workers' compensation, the ADA, or FMLA to ensure compliance Developing modified-duty and light-duty plans which return employees to work without exposing the employer to organizational liability under the ADA Identifying when a workers' comp injury can also be a serious health condition under the FMLA Creating integrated policies and procedures to ensure employees understand their rights and responsibilities under the ADA, FMLA, and workers' compensation laws Minimizing risk without violating the ADA: Determining if safety or reasonable accommodations come first when dealing with issues like intermittent explosive disorder Proper processes for terminating an injured employee without violating the ADA or FMLA regulations Getting the answers: Being proactive and asking the right questions Jennifer Wasson, Esq., Associate POTTER ANDERSON & CORROON, LLP G. Kevin Fasic, Esq., Principal LAW OFFICES OF G. KEVIN FASIC Back
9:45 am Maximizing the Results of Safety and Injury-Prevention Programs to Minimize Accidents and Costly Claims The proven best way to reduce workers' comp costs is to prevent injuries from happening in the first place. With fewer injuries there are fewer claims, less lost time, and less frustration! Safety programs can help your organization keep employees safe, making them less likely to be injured. Our safety professionals will talk about safety and wellness programs, how they impact their organizations, and what you need to know to design a successful program for your employees. Designing a safety program that works for your organization Incentivizing safety without reducing reporting Encouraging healthy and safe behaviors in and out of the workplace Safety committees and other ways to encourage employee involvement Determining the legal aspects involved in safety program Implementing a post-injury management plan that includes root-cause analysis William Leitzinger, Administrator, Occupational Health Program DIVISION OF PUBLIC HEALTH Back
11:00 am Implementing a Return-to-Work Program that Will Have a Positive Impact on Employer Costs and Injured Employee Outcomes Most workers' comp professionals agree that the longer an employee is out of work, the less likely it is they will return. Not only do employees out on lost-time injuries lose connection with their employer, they are less likely to ask questions and are more likely to be frustrated or confused. The quicker an employee is able to return to work, the better everyone feels. So, how can your organization design a return-to-work program that works for the employee and for you? Our vocational rehabilitation specialists will provide you with strategies to design a successful program to get your employees back to work. Reducing lost time and productivity with a successful return-to-work program Functional assessments, job analysis, and other important aspects of return to work How work-hardening programs can help your employees return to work Working with a nonprofit organization to return employees to light-duty or transitional-duty positions: Everyone wins! Deirdre O'Connell, Executive Director OMEGA MEDICAL CENTER Loretta Burton, COCN, Senior Manager, Medical Disability Program AMTRAK Back
1:15 pm Diminishing Your Liability Risk When Disciplining or Terminating Employees Who Have Been Injured or Filed a Claim To discipline or terminate an employee who has been injured carries with it high risks. Even if you are justified in your employment action, the employee may claim retaliation, discrimination, or wrongful discharge in response. Our workers' comp attorney will give you the strategies to lawfully discipline or terminate an employee who has an injury or suspected injury. Whether it is for prior bad behavior, safety violations that led to the injury, or other reasons, you should proceed with caution to reduce the risk of a claim. Disciplinary policies and procedures that can protect your organization from claims of discrimination, retaliation, or wrongful discharge Documentation and paperwork: Protecting your employer and yourself Understanding the burden of proof and the requirements to prove a legitimate reason for termination What to do when an injury stems from employee negligence, unsafe behavior, or drug use Can you discipline employees for filing fraudulent or bad-faith claims? Ronda K. O'Donnell, Esq., Shareholder MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Timothy A. Casey, Esq., Shareholder MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Back
2:15 pm Stop the Suffering: Treating and Managing Back Injuries to Reduce Employer Costs and Employee Pain The human back is a wonderful thing, until it starts to break down. Whether it is a back sprain, strain, or pulled muscle, how are you supposed to keep that employee from a more serious injury? Our orthopedic specialists will give you the rundown on back injuries and the best way to treat them. If you practice preventive medicine, you can keep a minor sprain from becoming a major pain! Prevention: Identifying the key risk factors for orthopedic injuries in the workplace and implementing strategies to significantly reduce the risks Ergonomics: Does it really work? Causation: Evaluating the causes of back injuries to prevent future problems Treatment options: Identifying and implementing the most effective treatment of the injury Work conditioning and rehabilitation options for back injuries Working with your medical provider to prevent a worsening back injury Joseph M. Dawson, Site Manager PHYSICAL THERAPY PLUS, CHRISTIANA CARE HEALTH SYSTEM Back

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Do not act or rely upon the information without seeking the advice of an attorney. Most of the attorneys in our firm are licensed and practice in the State of Delaware. Although Delaware is the primary practice jurisdiction of our firm, we also have attorneys licensed in other states, including PA, NJ & MD. © Law offices Doroshow, Pasquale, Krawitz and Bhaya, 2010.