Wednesday, August 9, 2017

Breakout on Multi-State Workers’ Compensation Laws

Sponsored by the Workers' Compensation Defense Institute

 

8:30 – 3:30 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 opioid epidemic and medical marijuana, an expert panel to address trending legal issues, state-specific topics, as well as a continuation of our state breakout programs in the afternoon so as to allow in-depth question and answer interaction between the audience, legal experts and regulators. Finally, the multi-state group will offer an expert’s view on the use of drones in workers’ compensations claims including video and discussion regarding legal risks /rewards from drone use. 

The program will begin with a quick introduction of our participating jurisdictions followed by a presentation from our national expert on opioids, medical marijuana, and the legal ramifications from the use of both in the workers’ compensation setting. As such, whether you are a claims handler, safety administrator, or human resource specialist, you will want to know what is coming your way via a pharmacy near you. This topic is a “must see” as the use of opioids for work-related injuries has reached epidemic proportions. 

At the conclusion of our national expert presentation on opioids and marijuana, we will have each of our presenting jurisdictions address what is unique to them for 2017. As in years past, state regulators will be available and encouraged to comment on these topics which will include, but not be limited to, new electronic form filing developments, trending case decisions, as well as new or proposed legislative changes. To stay ahead of the curve in any of our participating jurisdictions, you will want to be sure to attend this presentation spotlighting important legal issues now percolating. 

Before and after a multi-state provided lunch, the unique and highly popular state-specific breakout presentations will begin. The presentations will take place in two (2), one hour sessions allowing participants to move from one jurisdiction to another and /or from one topic to another as they see fit. Because the breakout sessions are state-specific, they are more intimate and encouraging of audience participation. There is no reason not to ask the legal experts any state-specific question you have! There may even be a regulator in the room to whom you can address a particular question! As the program is repeated over the course of the day, participants are encouraged to attend as many different breakout sessions as they need. Topics covered will include form filing requirements, case law updates, cost savings advice, and much more! Take advantage of this opportunity to question the experts. 

Our day will culminate with an exciting presentation on drone technology in the workers’ compensation setting. This presentation will not just consist of a demonstration of a drone’s technological capabilities. It will also cover the legal limits of when a drone can and cannot be used, to include a discussion of potential liability for their misuse. Technological developments in the surveillance world do not come without complications---of this you absolutely must be aware. If you would like to assess and utilize new surveillance technology with success, you will want to be sure to stay with us and attend this presentation. 

Last but not least, the 2017 multi-state workers’ compensation laws, rules, regulations and forms from each jurisdiction 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. 

For more information on the Workers’ Compensation Defense Instititue or any of its members, visit www.wcdefenseinstitute.com 
    
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
    
James M. Anderson, Attorney
Anderson Crawley and Burke, PLLC 
Ridgeland, MS
    
8:45 – 9:45 am     
Implications of Marijuana Legalization and Opioid Use to the Workplace and the Workers’ Compensation System 

    
Mark Pew
Senior Vice President
PRIUM
Duluth, GA

Everyone – especially in workers’ compensation – knows about the opioid epidemic started in the mid-1990’s. Everyone knows about the parallel heroin epidemic. Additionally, everyone knows about the momentum towards marijuana legalization, medicinal and recreational, around the country. But does everyone know how they are all related? The mantra being used by advocates around the country is that marijuana could be the solution for the opioid epidemic. In the workers’ compensation system, there is growing acceptance that marijuana can be “reasonable and necessary” medical treatment, which has led to payers reimbursing for cannabis in at least six states—all while marijuana is still a federally illegal controlled substance. So where does all of this lead? Attend this session to understand how these issues are interrelated, what they present, and what the future holds. 
    
9:45 – 10:45 am    
Multi-State Panel Discussion on Current Trends and Litigated Issues In our Practicing Jurisdictions

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

Erwin A. Nepomuceno, Attorney
Manning & Kass, LLP
Los Angeles, CA

Christopher G. McCue, Attorney
McConnaughhay, Coonrod, Pope, Weaver & Stern, PA
Tallahassee, FL
    
R. Briggs Peery, Attorney
Swift, Currie, McGhee & Hiers, LLP
Atlanta, GA
    
Hanna J. Williams, Attorney
McConnaughhay, Coonrod, Pope, Weaver & Stern, PA
Thomasville, GA
    
Richard Thompson, Attorney
Levy, Thompson, Sibley & Hand, LLC
Albany, GA  

Richard W. Lenkov, Attorney
Bryce Downey & Lenkov LLC
Chicago, IL 
    
Walter E. Harding, Attorney
Boehl Stopher & Graves, LLP
Louisville, KY 
    
Jeffrey C. Napolitano, Attorney
Juge, Napolitano, Guilbeau, Ruli & Frieman
Metairie, LA
    
James M. Anderson, Attorney
Anderson Crawley & Burke, PLLC
Ridgeland, MS 
    
Ryan Bisplinghoff, Attorney
McAngus Goudelock & Courie LLC
Wilmington, NC 
    
Leah P. Keele, Attorney
Latham Wagner Steele Lehman PC
Tulsa, OK 
    
Randy Hedlund, Attorney
McAngus Goudelock & Courie LLC
Greenville, SC 
    
James H. Tucker, Jr., Attorney  
Manier & Herod PC
Nashville, TN
    
Robert D. Stokes, Attorney
Flahive, Ogden & Latson
Austin, TX  

This session is designed as a pre-cursor to the more in-depth multi-state breakout sessions offered later in the day. Each of our state legal experts will highlight trending legal issues in their respective jurisdictions enabling the attendees to choose which breakout sessions they should visit later in the program. 
    
10:45 – 11:00 am     
Break
    
11:00 – 12:00 pm     
Individual State Overviews with Regulators & Attorneys

Topics: Critical Litigation Deadlines, Undocumented Workers, Idiopathic Injury Claims, Burden of Proof, Evidence Issues, Relevant Legislative/Rule Changes, Statute of Limitations, Medical Causation and more…
    
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
Manning & Kass, LLP
Los Angeles, CA

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
Richard Thompson, Attorney
Levy, Thompson, Sibley & Hand, LLC
Albany, GA

Illinois:
Richard W. Lenkov, Attorney
Justin T. Nestor, Attorney
Maital Savin, Attorney
Bryce Downey & Lenkov LLC
Chicago, IL

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

Russell Travis, M.D.
Travis Neurosurgical Consulting
Lexington, 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
Melissa Cleary, Attorney
McAngus Goudelock & Courie LLC
Asheville, NC / Charlotte, NC / Raleigh, NC / Wilmington, NC

Oklahoma:
Leah P. Keele, Attorney
Molly E. Lawyer, Attorney
Travis R. Colt, Attorney
Lori R. Whitworth, Attorney
Latham Wagner Steele Lehman PC
Tulsa, OK

South Carolina:
Randy Hedlund, Attorney
Allison Nussbaum, Attorney
J. Stuart Moore, Attorney
Kelly F. Morrow, Attorney
Rusty Goudelock, 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

12:00 – 1:00 pm     
Complimentary Lunch 

(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)

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 and regulators actively practicing in those jurisdictions. 
    
1:00 – 2:00 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.
    
2:00 – 3:00 pm     
Practical and Legal Issues Presented by the Use of Drones in the Workers’ Compensation Setting

Grand Ballroom 7A
Convention Level

Handout
    
Timothy D. Crawley, Attorney
Anderson, Crawley and Burke, PLLC
Ridgeland, MS

This presentation on drone technology in the workers’ compensation setting is designed to present the audience with real life updates on surveillance technology and the issues created by their use. The discussion will include the legal limits of when a drone can and cannot be used, including a discussion of potential liability for their misuse. The presentation will also include some examples of drone capability and technology. Star Wars? We are not quite there yet, but what can be observed from up high should grab your attention! 
    
3:00 – 3:10 pm    
Break
    
3:10 – 3:30 pm    
Closing General Session Including Q & A and Statute Distribution