Sponsored by the Workers’ Compensation Defense Institute (WCDI)

Wednesday, August 22, 2018

8:30 – 3:15 pm
Grand Ballroom 7A
Convention Level

Continuing the trend of offering workers’ compensation topics and presentations to address current events and the interests of our audience, the Multi-State Breakout will cover national and state-specific workers’ compensation issues in both a thought-provoking and participation encouraging manner. The program this year will include a presentation by a national expert on the potential for the establishment of national standards applicable to all workers’ compensation laws; an analysis of the growing trend by some carriers to deal with Medicare issues without submission of MSA’s for approval by the CMS; and individual state breakout sessions for each of the participating jurisdictions with added time for question and answer sessions.

The program will begin with an overview of the need for national standards to be applicable to every workers’ compensation law. Variability in definitions and standards in workers’ compensation are numerous from state to state. This session will explore how creating national standards could make for a more equitable system nationwide for all stakeholders.

Before and after a WCDI provided lunch, the unique and highly popular state-specific breakout presentations will begin. The presentations will take place in two (2) one-hour and 15 minute sessions allowing participants to move from one jurisdiction to another. Because the breakout sessions are state-specific, they are more intimate and encouraging of audience participation. Handout materials will be available for each jurisdiction. Topics covered will include form filing requirements, statutory changes, rule changes, case law updates, tools to evaluate exposures, and much more!

The day will culminate with an exciting presentation by the Managing Assistant General Counsel for a major workers’ compensation insurer. She is responsible for overseeing all Medicare compliance for claims within the company. As recognition is growing that submission of an MSA to CMS for review is not a legal requirement, there is more industry discussion surrounding MSA non-submit programs. Recent presentations on the topic have suggested that TPAs, carriers, self-insured employers, and attorneys should perform a risk analysis to determine what the best course would be for them. This presentation will walk through the federal law, discuss what the legal requirements are and the potential consequences of non-compliance. Non-submission does not mean non-compliance.

Last but not least, the 2018 multi-state workers’ compensation laws, rules, regulations and forms from each of our 12 jurisdictions will be distributed to all attendees at the conclusion of the day. This is an invaluable resource tool for any employer or claims handler conducting business in more than one of our states. In addition to the rules and regulations, the booklet will also include easy reference to rules and form filing deadlines.

Multi-State Bag Sponsor: Carlisle Medical, Inc., Mobile, AL

8:30 – 8:45 am
Opening Remarks: Welcome, Announcements and Introduction of Attorneys and Regulators

Moderators:
R. Briggs Peery, Attorney
Swift Currie McGhee & Hiers, LLP
Atlanta, GA

Kyle L. Kinney, Attorney
Miller, Christie & Kinney, PC
Vestavia Hills, AL

8:45 – 9:45 am
Exploring National Standards In Workers’ Compensation

Carlos Luna
Vice President of Marketing and Business Development
Risico Total Managed Care
Fresno, CA

Variability in definitions and standards in workers’ compensation are numerous from state to state. Varying availability of resources from one jurisdiction to the next presents limitations for all stakeholders. This session will present examples of variability and explore how creating national standards for such variables could make for more equitable and understandable workers’ compensation laws especially for those responsible for the administration of multiple state laws.

9:45 – 10:05 am
Q & A Time In Breakout Rooms

10:05 – 11:20 am
Individual State Overviews with Regulators & Attorneys

Topics: State system management, Forms, Penalties, Defenses, Evaluating Permanent Disability, Medical Management, Changes in the law

Move into individual breakout rooms
Alabama – Grand Ballroom 1
California – Hall of Cities – Chicago
Florida – Grand Ballroom 2
Georgia – Grand Ballroom 3
Illinois – Grand Ballroom 4
Kentucky – Grand Ballroom 5
Louisiana – Grand Ballroom 6
Mississippi – Hall of Cities – Tampa
North Carolina – Hall of Cities – St. Louis
Oklahoma – Hall of Cities – San Francisco
South Carolina – Hall of Cities – San Antonio
Tennessee – Hall of Cities – Los Angeles
Texas – Hall of Cities – Denver

Individual State Presenters:

Alabama:
Stephen D. Christie, Attorney
Kyle L. Kinney, Attorney
Miller, Christie & Kinney, PC
Vestavia Hills, AL

California:
Erwin A. Nepomuceno, Attorney
Emily Edwards, Attorney
Janet John, Attorney
Manning & Kass, LLP
Los Angeles, CA

Tyson Guin
G2 Secure Staff LLC
Irving, TX

Florida:
Christopher G. McCue, Attorney
McConnaughhay, Coonrod, Pope, Weaver & Stern, PA
Tallahassee, FL

Georgia:
R. Briggs Peery, Attorney
Michael Ryder, Attorney
Chad E. Harris, Attorney
Lisa A. Wade, Attorney
Swift, Currie, McGhee & Hiers, LLP
Atlanta, GA

Hanna J. Williams, Attorney
McConnaughhay, Coonrod, Pope, Weaver & Stern, PA
Thomasville, GA

Nate Levy, Attorney
Phillip A. Sibley, Attorney
Casey B. Foreman, Attorney
Kelly R. Speir, Attorney
Levy, Sibley, Foreman & Speir, LLC
Albany, GA

Illinois:
Richard W. Lenkov, Attorney
Bryce Downey & Lenkov LLC
Chicago, IL

Kentucky:
Walter E. Harding, Attorney
Boehl Stopher & Graves, LLP
Louisville, KY

Louisiana:
Jeffrey C. Napolitano, Attorney
Matthew M. Putfark, Attorney
Keith Pittman, Attorney
Thomas Ruli, Attorney
Juge, Napolitano, Guilbeau, Ruli & Frieman
Metairie, LA / Covington, LA

Mississippi:
James M. Anderson, Attorney
Daniel M. Baker, Attorney
Daniel P. Culpepper, Attorney
Amanda L. Myers, Attorney
Anderson Crawley & Burke, PLLC
Ridgeland, MS / Oxford, MS

North Carolina:
Ryan Bisplinghoff, Attorney
Joseph Hamrick, Attorney
Sally Moran, Attorney
McAngus Goudelock & Courie LLC
Asheville, NC / Charlotte, NC / Raleigh, NC / Wilmington, NC

Oklahoma:
Leah P. Keele, Attorney
Travis R. Colt, Attorney
Jennifer Ahrend, Attorney
Latham Wagner Steele Lehman PC
Tulsa, OK

South Carolina:
Randy Hedlund, Attorney
Allison Nussbaum, Attorney
J. Stuart Moore, Attorney
Rusty Goudelock, Attorney
Chad Abramson, Attorney
Scott Garrett, Attorney
McAngus Goudelock & Courie LLC
Charleston, SC / Columbia, SC / Florence, SC / Greenville, SC / Myrtle Beach, SC

Tennessee:
James H. Tucker, Jr., Attorney
John W. Barringer, Jr., Attorney
David J. Deming, Attorney
Heather Hardt Douglas, Attorney
Manier & Herod PC
Nashville, TN

Texas:
Robert D. Stokes, Attorney
Steve Tipton, Attorney
Flahive, Ogden & Latson
Austin, TX

11:20 – 12:20 pm
Complimentary Lunch –
Sponsor: Chronovo, Burlington, MA

(Provided for Multi-State seminar attendees by the Workers’ Compensation Defense Institute – LUNCH TICKET NEEDED FOR ENTRY)

Grand Ballroom 7B, Convention Level
(Entrance through corridor between Grand Ballrooms 7 & 8)

Moderators:
Robert D. Stokes, Attorney
Flahive Ogden & Latson
Austin, TX

James M. Anderson, Attorney
Anderson Crawley and Burke, PLLC
Ridgeland, MS

The educational agenda will continue during lunch time with the opportunity for attendees to sit at state designated tables. Attendees may sit at all tables of interest and continue discussions with attorneys actively practicing in those jurisdictions and regulators.

12:20 – 1:35 pm
Repeat of Individual State Overviews With Regulators & Attorneys
(Alabama, California, Florida, Georgia, Illinois, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Oklahoma, Tennessee, Texas)
* Repeat allows participants to attend overviews of more than one state.

1:35 – 1:55 pm
Q & A Time in Breakout Rooms

1:55 – 2:55 pm
Performing a Risk Analysis to Consider an MSA Non-submit Program
Grand Ballroom 7A
Convention Level

Moderators:
Jeffrey C. Napolitano, Attorney
Juge, Napolitano, Guilbeau, Ruli & Frieman
Metarie, LA

Heather Hardt Douglas, Attorney
Manier & Herod
Nashville, TN

Speaker:
Kathleen Wyeth
AF Group
Lansing, MI

As recognition is growing that submission of an MSA to CMS for review is not a legal requirement, there is more industry discussion surrounding MSA non-submit programs. Recent presentations on the topic have suggested that TPAs, carrier, self-insured employers, and attorneys should perform a risk analysis to determine what the best course is for them. However, without a solid understanding of federal law and the risks in this regard, it is impossible to perform an adequate and thoughtful risk analysis. This presentation will walk attendees through the federal law, discuss what the legal requirements are, and illuminate the potential consequences of non-compliance. Non-submission does not mean non-compliance, so this presentation will provide you with appropriate questions to ask to help determine if a settlement approach is compliant.

2:55 – 3:15 pm
Closing General Session Including Q & A and Statute Distribution