2013 Workers’ Compensation Midwinter Seminar and ConferenceMarch 14–16, 2013Coral Gables, Florida The Biltmore Hotel

American Bar AssociationSection of Labor and Employment LawTort, Trial and Insurance Practice Section

American Bar AssociationSection of Labor and Employment LawTort, Trial and Insurance Practice Section WELCOME

Dear Colleague:

We are pleased to provide you with this invitation to register for the 2013 Workers’ Compensation Midwinter Seminar and Conference to be conducted March 14–16 in Coral Gables, Florida. We are confident this will be the most comprehensive program on Workers’ Compensation law offered in the coming year. The Seminar and Conference is presented by the Workers’ Compensation Committees of the ABA Section of Labor and Employment Law and Tort, Trial and Insurance Practice Section.

As the brochure outlines, the panel topics relate to Workers’ Compensation law and highlight nationally recognized speakers, including judges and government officials as well as private practitioners. The program will address issues and concerns from the perspective of employee, management, union and government counsel.

We hope that you will join us in Coral Gables for this exceptional conference!

Sincerely,

Section of Labor and Employment LawWorkers’ Compensation Committee

Kathleen S. GlancyEmployee Co-Chair

Richard J. SwansonUnion & Employee Co-Chair

Rayford H. Taylor Employer Co-Chair

Hon. David B. TorreyPublic Co-Chair

SPONSORS

FACULTYStewart Manela

Chair, Section of Labor &

Employment LawArent Fox LLP

Washington, DC

Dick SemerdjianChair, Tort, Trial and Insurance

Practice SectionSchwartz

Semerdjian Ballard & Cauley LLPSan Diego, CA

Brian FrancisCorporate/Insurance

Program Co-Chair Maxis

Southfield, MI

Gregory T. Presmanes

Employer Program Co-Chair

Bovis, Kyle & Burch LLCAtlanta, GA

Joshua G. HoldenChair of TIPS

WC & Employers Liability Committee

Fish Nelson, LLCBirmingham, AL

Thomas L. HolderEmployee

Program Co-ChairLong & Holder LLP

Atlanta, GA

Kathleen S. Glancy

Employee Co-Chair of LEL WC Committee

Kathleen S. Glancy Law Office

Wilmington, NC

Richard SwansonUnion & Employee

Co-Chair of LEL WC CommitteeMacey Swanson

and AllmanIndianapolis, IN

Rayford TaylorEmployer Co-Chair of LEL WC Committee

Casey Gilson PCAtlanta, GA

Hon. David TorreyPublic Co-Chair of

LEL WC CommitteePA Dept. of Labor & Industry Office of Adjudication Pittsburgh, PA

Ann BishopA.B. Bishop and Associates LLCMarietta, GA

Vicki BurkhartKids’ Chance of America

Pennsylvania

James ReiterCharfoos Reiter

Hébert P.C.Farmington Hills, MI

Ambuj Kumar, M.D., M.P.H

Ctr. for Evidence Based Medicine & Health

Outcomes Research Dept. of Internal

Medicine, Clinical & Translational Science

Institute College of Medicine, University

of South FloridaTampa, FL

Rod BordelonTexas Commissioner of Workers Compensation

Austin, TX

Kevin ElsenheimerMichigan Workers’

Compensation AgencyLansing, MI

Hon. David W. Langham

Florida Office of Judges of Compensation Claims, Division of Administrative

HearingsPensacola, FL

Teresa Bartlett, M.D.Medical Quality-Sedgwick, CMSMemphis, TN

Joe LemanHarriss &

Hartman Law FirmDalton, GA

Kim MartensThe KS Experience

Hite, Fanning & Honeyman LLP

Wichita, KS

Kip KubinBottaro,

Morefield, Kubin & Yocum P.C.Leawood, MO

Jerry KenterBoyd & Kenter P.C.Kansas City, MO

Robert ZilskeZilske Law FirmBrookfield, WI

Hon. Luann Haley

Industrial Commission of ArizonaTucson, AZ

John H. GeaneyCapehart

Scatchard P.A.Mt. Laurel, NJ

Alan AronsonRosenthal, Levy,

Simons, RylesWest Palm Beach, FL

Albert RandallFranklin & Prokopok

Baltimore, MD

Melissa ClearyTeague, Campbell,

Dennis & Gorham LLPRaleigh, NC

Suzann BylundDirector of

Workers’ Comp & Disability

Management, Ascension Health

St. Louis, MO

Hon. Todd B. Seelig

PA Dept. of Labor & Industry

Workers’ Compensation Judge

Philadelphia, PA

Eileen Pomento

Krasno, Krasno & Onwudinjo

Harrisburg, PA

Kara M. MillerFranklin & Prokopik

Easton, MD

Christian DavisWeber, Gallagher,

Simpson, Stapleton, Fires & Newby LLPPhiladelphia, PA

Donald Lampert

Calfee Halter & Griswold LLPCleveland, OH

Alan J. ShapiroShapiro, Shapiro and Shapiro Co.,

L.P.A.Warrensville Heights, OH

Rick Bordonaro

Marnen Mioduszewski

Bordonaro Wagner & Sinnott LLC

Erie, PA

Hon. Melodie Belcher

Georgia State Board of Workers’

CompensationAtlanta, GA

Mark ZientzOn Federalization

Miami, FL

Richard SickingRichard A.

Sicking P.A.Coral Gables, FL

Professor John Burton, J.D., Ph. D.

Professor Emeritus, School

of Management and Labor Relations,

Rutgers University Princeton, NJ

James M. GallenEvans &

Dixon LLCSt. Louis, MO

Hon. John Lazzara

Florida Office of Judges of

Compensation Claims, Div. of

Admin. HearingsTallahassee, FL

Lindsey MillsScheldrup Blades

West Des Moines, IA

Hon. Sylvia Medina-ShoreFlorida Office of Judges of Comp Claims Division

of Administrative Hearings

Tallahassee, FL

Glen WeilandWeiland, Hilado & Delaitre, P.A.

Orlando, FL

John J. “Jake” Schickel

Coker, Schickel, Sorenson & Posgay

Jacksonville, FL

AmericAn college of occupAtionAl And environmentAl medicine

Thursday, March 14, 2013> 10:30 a.m.

Registration

> 12:45 p.m. – 1:00 p.m.Introduction/Welcome RemarksKathleen S. Glancy, Employee Co-Chair, Kathleen S. Glancy Law Office,

Wilmington, NCRichard Swanson, Union & Employee Co-Chair, Macey Swanson and Allman,

Indianapolis, INRayford Taylor, Employer Co-Chair, Casey Gilson PC, Atlanta GAHon. David Torrey, Public Co-Chair, Workers’ Compensation Judge, Pennsylvania

Department of Labor & Industry, Office of Adjudication, Pittsburgh, PA Joshua G. Holden, Chair of TIPS Workers’ Compensation and Employers’

Liability Committee, Fish Nelson, LLC Birmingham, ALTom Holder, Employee Program Co-Chair, Long & Holder LLP, Atlanta, GABrian Francis, Corporate/Insurance Program Co-Chair, Maxis, Southfield, MIGregory T. Presmanes, Employer Program Co-Chair, Bovis, Kyle & Burch LLC,

Atlanta, GA

> 1:00 p.m. – 1:15 p.m.Section Updates from LEL and TIPS Stewart Manela, Chair, Section of Labor & Employment Law,

Arent Fox LLP, Washington, DCDick Semerdjian, Chair, Tort, Trial and Insurance Practice Section,

Schwartz Semerdjian Ballard & Cauley LLP, San Diego, CA

> 1:15 p.m. – 1:25 p.m. Kids’ Chance of AmericaAnn Bishop, A. B. Bishop and Associates LLC, Marietta, GAVicki Burkhart, Executive Director, Kids’ Chance of America, Pennsylvania

> 1:25 p.m. – 1:30 p.m.Introduction of SponsorsTom Holder, Employee Program Co-Chair, Long & Holder LLP, Atlanta, GA

> 1:30 p.m. – 3:30 p.m.Evidence Based Medicine: EBM From Medical School, To the Clinic and the CourtroomOur panel of experts will discuss EBM from medical school to the court room. If it works, how does it work? Should it be advisory or mandatory?

MODERATOR:James Reiter, Charfoos Reiter Hébert P.C., Farmington Hills, MI

PANEL:

EBM Medical School and BeyondAmbuj Kumar, M.D., M.P.H., Associate Professor/Director Center for Evidence

Based Medicine and Health Outcomes Research Department of Internal Medicine, Clinical and Translational Science Institute College of Medicine, University of South Florida, Tampa, FL

Multi States Panel: How it Works or Doesn’t Work in Our StateRod Bordelon, Texas Commissioner of Workers’ Compensation, Austin, TX Kevin Elsenheimer, Director Michigan Workers’ Compensation Agency,

Lansing, MIHon. David W. Langham, Chief Judge of Compensation Claims, Florida Office

of Judges of Compensation Claims, Division of Administrative Hearings, Pensacola, FL

2013 MIDWINTER PROGRAM AGENDA

The Sedgwick Multi-State ExperienceTeresa Bartlett, M.D., Sr. VP, Medical Quality-Sedgwick, CMS, Memphis, TN

The Attorney PerspectiveJoe Leman, Harriss & Hartman Law Firm, Dalton, GAKim Martens, The KS Experience, Hite, Fanning & Honeyman LLP, Wichita, KS

> 3:30 p.m. – 3:45 p.m. Break

> 3:45 p.m. – 4:45 p.m.Ethics: College of Workers’ Compensation LawyersTHE FINAL FOUR: Four Important Ethics Topics The panel of attorneys and judges from across the nation will discuss four current, important topics on Ethics: Ethical Considerations of Representing Undocumented Workers; Ethical Considerations in Advertising and Social Media; The “Rat” Rule and When Do You Have to Report Your Colleagues; and Confidentiality in the New Era. The panel will identify the ethical rules that impact these areas and analyze how they apply to your practice.

MODERATOR: Kip Kubin, Bottaro, Morefield, Kubin & Yocum P.C., Leawood, MO

PANEL: Hon. Luann Haley, Administrative Law Judge, Industrial Commission of Arizona, Tucson, AZ

Jerry Kenter, Boyd & Kenter P.C., Kansas City, MO Robert Zilske, Zilske Law Firm, Brookfield, WI

> 5:30 p.m. – 7:00 p.m.Welcome Reception

Friday, March 15, 2013> 7:00 a.m. – 8:00 a.m.

Continental Breakfast and Yesterday’s SoupFollow up discussions on yesterday’s program

> 8:00 a.m. – 9:00 a.m.Employment Law, ADA, FMLA, WC and Global ReleasesOur panelists will discuss the effect of employment releases when workers’ compensation cases are settled, particularly in light of the ADA and state anti-retaliation laws. This program will provide an overview of the ADA’s approach to disability status in light of the ADAAA and the law’s emphasis on making individualized assessments, an explanation of the nuts and bolts of preparing enforceable labor releases, the perspective of the insurance carrier, releases from the claimant’s perspective, and when to get an employment release and under what circumstances. A key issue which the panelists will consider is whether such releases can be challenged as retaliatory under state workers’ comp laws or discriminatory under the ADA.

MODERATOR: John H. Geaney, Capehart Scatchard, P.A., Mt. Laurel, NJ

PANEL: Alan Aronson, Rosenthal, Levy, Simon, Ryles, West Palm Beach, FL Albert Randall, Franklin & Prokopik, Baltimore, MD Melissa Cleary, Teague, Campbell, Dennis & Gorham, LLP, Raleigh, NC Suzann Bylund, Director of Workers’ Compensation and Disability

Management, Ascension Health, St. Louis, MO

> 9:00 a.m. – 9:05 a.m.A Word from our SponsorsGreg Presmanes, Employer Program Co-Chair, Bovis, Kyle & Burch LLC, Atlanta, GA

> 9:05 a.m. – 9:20 a.m. Break

2013 MIDWINTER PROGRAM AGENDA

> 9:20 a.m. – 10:20 a.m.“I Know What You Did Last Weekend”: Effective Use of Social Media in WC LitigationAttendees will walk away with a better understanding of the do’s and don’ts of social media as it relates to litigating a workers’ compensation case. The program will feature ethical dilemmas faced by attorneys and clients by showing several vignettes including: counsel’s knowledge of a client removing content off a social media page; “friending” clients and witnesses; investigation techniques using social media; and use of social media sites at trial. After watching each vignette, the audience and panel will discuss the issues presented and recommend solutions.

MODERATOR: Hon. Todd B. Seelig, Workers’ Compensation Judge, Philadelphia, PA

PANEL: Eileen Pomento, Krasno, Krasno & Onwudinjo, Harrisburg, PA Kara M. Miller, Franklin & Prokopik, Easton, MD Hon. Todd B. Seelig, Workers’ Compensation Judge, Philadelphia, PA Christian Davis, Weber, Gallagher, Simpson, Stapleton, Fires

& Newby LLP, Philadelphia, PA

> 10:20 a.m. – 11:20 a.m.Workers’ Compensation for Telecommuters: New Bottle for Old Wine?Panelists include a Plaintiff lawyer, a Defense lawyer, a Judge and an Employer. The Employer would discuss general considerations as to why telecommuting is good for employers. The Plaintiff and Defense lawyers will then argue two different extended fact patterns.

MODERATOR: Donald Lampert, Calfee Halter & Griswold LLP, Cleveland, OH

SPEAKERS: Alan J. Shapiro, Shapiro, Shapiro and Shapiro Co., L.P.A., Warrensville Heights, OH

Rick Bordonaro, Marnen Mioduszewski Bordonaro Wagner & Sinnott LLC, Erie, PA

Hon. Melodie Belcher, Division Director & Chief ALJ, Georgia State Board of Workers’ Compensation, Atlanta, GA

> 5:30 p.m. – 7:00 p.m.Networking Reception

Saturday, March 16, 2013> 7:00 a.m. – 8:00 a.m.

Continental Breakfast and Yesterday’s SoupFollow up discussions on yesterday’s program

> 8:00 a.m. – 9:30 a.m. Federalization/Federal Standards and Workers’ Compensation; Effects of the Affordable Care Act on the SystemPolicymakers have long pondered the idea of federalization of the workers’ compensation program and, in 1972, with the renowned National Commission, the federal government published recommended federal standards. The members of this panel will explore the history of, and the present-day thinking on, this issue. What aspects of the system might a reconvened National Commission best address? What is the case against federalization? What are the risks of not obliging states to provide uniform, standardized benefits? Finally, what are the effects of the Affordable Care Act on the system, particularly in the wake of National Federation of Independent Business v. Sebelius (U.S. 2012) and the reelection of President Obama?

MODERATOR: Hon. David Torrey, Workers’ Compensation Judge, Pennsylvania Department of Labor & Industry, Office of Adjudication, Pittsburgh, PA

SPEAKERS: Mark Zientz, Law Office of Mark L. Zientz, P.A., Miami, FL Richard Sicking, Richard A. Sicking, P.A., Coral Gables, FL Professor John Burton, J.D., Ph.D., Professor Emeritus,

School of Management & Labor Relations, Rutgers University and Professor Emeritus, School of Industrial & Labor Relations, Cornell University, Princeton, NJ

James M. Gallen, Evans & Dixon LLC, St. Louis, MO

> 9:30 a.m. – 9:35 a.m.A Word from our SponsorsTom Holder, Employee Program Co-Chair, Long & Holder LLP, Atlanta, GA

> 9:35 a.m. – 9:50 a.m. Break

> 9:50 a.m. – 10:50 a.m.Judges’ Panel: National Association of Workers’ Compensation Judiciary: How Judges Judge and Why (In Short, Why You Lost or Won: A Peek at the Judge’s Notes and Thinking)Do Judges rule based solely on the law and the facts presented in a claim? Is there decisional independence in the administrative adjudicatory process? This panel will discuss the difference in judging styles depending on jurisdiction; the impact of agency rules and policy; and the attorneys’ role in insuring the objective application of the law to the facts to achieve reasoned and impartial decision-making.

MODERATOR: Hon. John Lazzara, Florida Office of Judges of Compensation Claims, Division of Administrative Hearings, Tallahassee, FL

SPEAKERS: Hon. Melodie Belcher, Division Director & Chief ALJ, Georgia State Board of Workers’ Compensation, Atlanta, GA

Hon. LuAnn Haley, Administrative Law Judge, Industrial Commission of Arizona, Tucson, AZ

Hon. David B. Torrey, Workers’ Compensation Judge, Pennsylvania Department of Labor & Industry, Office of Adjudication, Pittsburgh, PA

> 10:50 a.m. – 11:50 a.m.Collaborate with your Peers, Discuss Hot Topics and Share Practice Pointers: BreakoutHave you wanted to collaborate with and find out what other lawyers in your field are doing to improve their practice, from substantive law to law office economics? Here’s your chance to participate in an interactive discussion of hot topics, both substantive and practical, with your peers, claimant’s attorneys, defense attorneys, and judges. The groups will meet separately in a breakout session.

COORDINATOR: Lindsey Mills, Scheldrup Blades, West Des Moines, IA

DISCUSSION Hon. Sylvia Medina-Shore, Florida Office of Judges of LEADERS: Compensation Claims, Division of Administrative Hearings, Tallahassee, FL Glen Weiland, Wieland, Hilado & Delaitre, P.A., Claimant Attorney,

Orlando, FL John J. “Jake” Schickel, Coker, Schickel, Sorenson & Posgay,

Claimant Attorney & Mediator, Jacksonville, FL

> 11:50 a.m. – 12:00 p.m.Planning Meeting for 2014 Midwinter Seminar and Conference

> 7:00 p.m.The College of Workers’ Compensation Lawyers Induction Ceremony and Dinner (Invitation only ticketed event – not included in meeting registration fees.)

GENERAL INFORMATION

Hotel AccommodationsWe have negotiated a special group rate at the The Biltmore Hotel of $249 for single or double occupancy rooms. To reserve your room, call the hotel at 800.727.1926 or 305.445.1926 and reference the “ABA 2013 Workers’ Compensation Committee Midwinter Seminar & Conference.” The group rate will be honored until February 20, 2013 or until the room block is exhausted. You must cancel your reservation 48 hours prior to your scheduled arrival date to avoid a one-night cancellation charge. Rooms will be available for check-in no later than 3:00 p.m., with a checkout time of 12:00 p.m.

Meeting RegistrationThe registration fee for the 2013 Midwinter Seminar & Conference is $395 for Section of Labor & Employment Law and Tort, Trial and Insurance Practice Section members, $495 for non-members, $225 for government agency attendees, and $125 for guests. Please note that Fellows of and nominees to the College of Workers’ Compensation Lawyers may register at the Section member rate. The fees cover your meeting materials and your attendance at all committee meetings and social functions. Those who can only attend one day of the seminar may register only for that day at a rate of $125.

Complete online registration by visiting www.americanbar.org/laborlaw. You also may register by completing the registration form included in this brochure and returning it with your payment to Lynette Kelley, Meetings Registrar, Section of Labor and Employment Law, American Bar Association, 321 N. Clark Street, Chicago, IL 60654 by February 28, 2013. Refunds, less a $50 administrative fee, will be made on registration cancellations received in writing before February 28, 2013.

Air Travel DiscountsAmerican Airlines and United Airlines provide two types of airfare discounts to ABA meeting attendees. You can receive these discounts offline by calling, toll free, American Airlines at 800-433-1790 or United Airlines at 800-521-4041 or Orbitz For Business at 877-222-4185. For more information visit the ABA Travel Website www.abanet.org/travel.

Continuing Legal Education CreditRequired sponsor documentation will be forwarded to and credit requested from MCLE states with general requirements for all lawyers. Each state determines the number of hours to be credited for attendance. Uniform Certificates of Attendance will be available at the meeting. Please visit our website at www.americanbar.org/laborlaw for information on our Fellowship Programs.

Ground TransportationThe Biltmore Hotel is located approximately 5 miles from the Miami International Airport. Taxi fare from the airport averages $22.

GENERAL INFORMATION

REGISTRATION FORM2013 MIDWINTER MEETING

The Biltmore Hotel • Coral Gables, FL • March 14–16, 2013Registration Deadline: February 28, 2013

Online: http://www.americanbar.org/groups/labor_law/calendar_of_events.html (Credit card payments accepted online only.)

Mail: ABA Section of Labor & Employment Law Fax: (312) 988-5814 Attn: Lynette Kelley, Meetings Registrar 321 North Clark St., Chicago, IL 60654 Check enclosed (made payable to American Bar Association)

NAME NICKNAME/BADGE NAME

FIRM/ORGANIZATION

STREET ADDRESS

CITY STATE ZIP CODE

PHONE FAX

E-MAIL ADDRESS

NAME OF ATTENDING SPOUSE/PARTNER/GUEST(S)

AFFILIATION: Employer Union & Employee Neutral (Please choose one) Employee/Plaintiff Public/Government Other

First Time Attendee

Registration Fees Number Attending Total

Member (LEL or TIPS) ________ @ $395 $_____________

ABA #____________________________

College of Workers’ Compensation Lawyers Fellow ________ @ $395 $_____________

Non-Section Member ________ @ $495 $_____________

Government Agency ________ @ $225 $_____________

1-Day ________ @ $125 $_____________

Spouse/Guest(s) ________ @ $125 $_____________

Social EventsThursday Reception ________ (included in registration fee)

Friday Reception ________ (included in registration fee)

Total Enclosed: $_____________

If any special arrangements are required under the ADA, contact Judy Stofko at 312/988-5813.

American Bar AssociationWorkers’ Compensation Committee

Section of Labor and Employment LawTort, Trial and Insurance Practice Section

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