The Tennessee transfer of adjudication of disputed workers’ compensation cases from trial courts to a

specialized administrative tribunal – enacted 2013, effective July 1, 2014 – is a momentous event. This is so

not only for the Tennessee workers’ compensation community, but with regard to the century-old history of

compensation in general.

The National Association of Workers’ Compensation Judiciary is pleased and excited to be participant in this

event through assistance in New Judge Training, Nashville, TN, June 17-18, 2014. Under the leadership of our

Program Chair, Judge David Langham, we have developed a series of lectures and workshop-style discussions

that should be of interest not only to the already-accomplished new Tennessee judges, but to anyone new to the

office of WCJ. You’ll find the complete agenda on page 48-52 of this issue of Lex & Verum.

A bit of history and reflection on the subject of adjudication in our field proves that July 1, 2014, is a pivotal

date. In this regard, whether administration and adjudication of cases should be in a court or administrative

setting was an issue from the earliest days of workers’ compensation programs. When the enactment of

workers’ compensation laws swept the country in the initial decades of the last century, fourteen states opted to

have adjudication in court. This type of choice was obviously the minority approach. Still, court-based

adjudication was not itself novel. It opting for court administration of the law such states, including Tennessee,

followed the example of England. It was in that country (along with Germany and France) where workers’

compensation originated, and the laws of that country were particularly influential on U.S. policymakers. And,

of course, administrative law agencies were still somewhat of a novelty a hundred years ago.

Lex and Verum

The National Association of Workers’

Compensation Judiciary

Number LVII

June 2014

A New Court for Tennessee

Workers’ Compensation Cases

By Hon. David Torrey*

NAWCJ Lex and Verum Page 1

Continued, Page 2.

A New Court, continued from Page 1.

As for Tennessee, one consultant, writing for the National

Commission, in 1972, posited, “The original statute, passed

in 1919, provided for court administration partially because

of the erroneous belief that the program would be primarily

self-administering, and in part because of the over-reaction

of the bar association who feared that the advent of

workmen’s compensation would eliminate litigation.”

In any event, over the century a phenomenon has existed

for states which originally opted for court administration to

move towards dispute resolution in the executive branch.

The most recent states to do so were Louisiana (1983, 1988),

New Mexico (1986), and Wyoming (1986). With the

Tennessee Reform Law of 2013, only Alabama will maintain

a regime of entertaining disputed workers’ compensation

cases in civil court.

To the outsider, the Tennessee legislature has, ironically,

undertaken this dramatic change with a nod towards

tradition. The Reform Law (overall) is intended to make the

state “an attractive destination for business,” and the law is

no longer to be liberally construed. Still, the new

administrative tribunal within the reformed system is the

Court of Workers’ Compensation Claims – not some mere

hearing office. Its adjudicators, meanwhile, are Judges – as

opposed to rubberstamping clerks. The Division within

which the court and its judges reside, meanwhile, is to be

independent and autonomous.

The import of all this is that, however business-friendly the

reform law may be, the crucial decisional independence of

courts – which was inherent in the traditional Tennessee

approach – is to continue without interruption.

__________ * Judge David Torrey is the President of the National Association

of Workers’ Compensation Judiciary. He is a Workers’

Compensation Judge in Pittsburgh, PA and an Adjunct Professor

of Law, University of Pittsburgh School of Law.

Scholarship Deadline

Extended!

Judiciary College 2014 Applications due by

June 15, 2014 See pages 42-44

NAWCJ Lex and Verum Page 2

Interesting Workers’

Compensation Blogs

DePaolo’s Work

Comp World http://daviddepaolo.blogspot.com/

New Jersey Workers’

Compensation Blog http://www.njworkerscompblog.com/

Florida Workers’

Compensation Adjudication http://flojcc.blogspot.com/

Managed Care Matters http://www.joepaduda.com/

Workers’ Comp Gazette http://workerscompgazette.com/

Workers’ Compensation http://workers-compensation.blogspot.com/

Alabama Workers’

Compensation Blawg http://www.alabamaworkerscompblawg.com/

Maryland Workers'

Compensation Blog http://www.coseklaw.com/blog/

Workers’ Comp Insider http://www.workerscompinsider.com/

CDC NIOSH Science Blog http://blogs.cdc.gov/niosh-science-

blog/2014/01/10/workers-comp/

When Roger Williams became Chairman of the Commission in 2012, he began an internal dialogue, inquiring

of staff how the Commission might be updated and its processes improved. One problem identified was the

length of time it took cases to be adjudicated. The statewide average length of time from filing of a claim to the

rendering of a decision after a hearing was almost 300 days. Approximately 61% of the cases referred to the

judicial dockets were resolved by agreement, but only after significant delay to the parties and with significant

cost/use of resources by the Commission. The discussion focused on how the Commission could reduce the

time to hearing by motivating the parties to settle that same 61% sooner, rather than later, in the process.

An Experiment and Effecting Change

Since 1999 the Commission has offered mediation, but the program was limited in practice to mediation

where settlement of entire claims was the goal. Well aware that many states have some form of mandatory

mediation. The Commission undertook a pilot project in Alternative Dispute Resolution (ADR) beginning in

November 2012. For three months Deputy Commissioner Deborah Wood Blevins directed the endeavor during

which time cases with discrete, defined issues were referred to the project. Both issue facilitation and issue

mediation were offered by phone, in an attempt to make ADR convenient and affordable. In those cases in

which the parties participated in ADR, 95% resulted in resolution of some or all of the issues in controversy.

Additionally, many cases settled without Commission intervention after the case was referred to ADR.

Given the success of the ADR Pilot Project, the Commission endorsed expansion of Alternative Dispute

Resolution in February 2013. Alfred G. Bridger, Jr., formerly head of Alternative Dispute Resolution Services

at the Virginia Department of Agriculture and Consumer Protection, was hired as ADR Program Manager in

May 2013.

In July 2013 the Commission began a Strategic Planning process, which involved all levels of Commission

staff, from Call Center telephone operators to the Executive Director, and representatives from every

department. An outside facilitator was engaged to conduct initial sessions which had the stated goal of

answering this question: How can we integrate ADR into our process to reduce the average time from claim to

resolution by one-third? All participants were given an equal voice in brainstorming to create the plan. The

process was exciting and fun, and enthusiasm for the ADR project spread quickly from department to

department.

Simultaneously with the internal strategic planning process, Bridger and Blevins conducted a survey of ADR

programs in workers’ compensation in other states. Peers from Georgia, Florida, Tennessee, South Carolina,

and many other states shared their successes and their shortcomings. The networking opportunities afforded by

NAWCJC and SAWCA proved to be invaluable.

By the end of 2013, the major areas of concern identified

were identified as process, staffing, training and maintaining

confidentiality. As all Commission records are electronic, a

major redesign effort was initiated to accommodate the

housing of confidential mediation communications and

documents within the computer record-keeping system. In

January 2014 the Commission adopted a long term strategic

plan for ADR and allocated funding for the computer redesign

project.

Growth of ADR in Virginia

Workers' Comp Commission By: Deborah Wood Blevins, Deputy Commissioner

NAWCJ Lex and Verum Page 3

Continued, Page 4

The Lex and Verum

published monthly by

The National Association of

Workers’ Compensation Judiciary P.O. Box 200, Tallahassee, FL 32302

850.425.8156

Growth of ADR, continued from Page 3.

Why does it work?

Under Virginia’s statutory scheme, a lifetime medical award accompanies every case which is found to be or

is accepted as compensable. As in familial custody cases, the relationship between the parties doesn’t

necessarily end when conflict arises. Because of the ongoing nature of the relationship between the parties,

mediation is well suited to resolve conflict.

ADR has the potential to be a win/win for everybody. It empowers the parties to decide the outcome of

conflict for themselves. The mediator helps keep the conversation on track and civil, but the substance of any

resolution is completely up to them. Particularly in the case of specific issue conflicts, it offers a quicker and

less costly alternative to traditional litigation.

The Commission has experimented with the use of technology to speed up the process and decrease the

cost for the parties. While mediation of entire claims is predominantly in person, issue mediation or issue

facilitation routinely occur over the telephone. Each mediator has a bridge line which allows participants to call

into a toll free number for mediation. In the future, mediation will be allowed over video conferencing. Until

then, parties may appear over Skype, assuming they provide all equipment and have the consent of the other

parties and the mediator.

Cases are screened before the Commission offers Issue Mediation, both for the type of issue involved and for

the capacity of the participants to meaningfully engage in the process. Not every case should be mediated; for

example, on an original claim for benefits where the statute of limitations has been raised as a defense,

mediation of specific issues, like average weekly wage, would be a waste of time until compensability is

determined. On the other hand, litigation of mileage reimbursement claimed in a compensable case is an

inefficient use of judicial resources; mediation is the better alternative.

Approximately forty percent of the claimants in Virginia are not represented by an attorney, and some of the

pro se litigants do not have the education or ability to understand the process or the legal ramifications of a

negotiated agreement. The ADR Strategic Plan envisions creation of an Ombudsman office to offer information

and assistance to these and any other parties.

What the future holds

ADR events held by the Commission grew from 213 in 2012 to 410 in 2013, an increase of 92%. ADR is now

available on a voluntary basis upon request of one or more of the parties or upon referral of a Deputy

Commissioner or other Commission staff member. Issue mediation and facilitation are available by phone or in

person on specific issues, and mediation of entire claims is available in person across the Commonwealth from

Abingdon to Virginia Beach. Commission mediators are all certified by the Supreme Court of Virginia, and

have an ongoing resolution rate in excess of 80%. The creation of an ADR Department is ongoing, and in

February 2014 a Basic Mediation Course was offered to 17 potential new mediators.

The Virginia Workers’ Compensation Commission is committed to Alternative Dispute Resolution and those

it serves. ADR will put the system back in the hands of the parties. For further information, contact Program

Manager Alfred G. Bridger at alfred.bridger@workcomp.virginia.gov __________

NAWCJ Lex and Verum Page 4

Deborah Wood Blevins is a 1980 honors graduate from Swarthmore

College and a 1983 graduate of the University Of Virginia School

Of Law. Deputy Commissioner Blevins is a mediator certified by

the Virginia Supreme Court and a mediator mentor. She is currently

managing the Alternative Dispute Resolution Department within the

Virginia Workers’ Compensation Commission.

Judiciary College 2014 August 17-20, 2014

Marriott World Center, Orlando, Florida

NAWCJ Judiciary College Hotel

Buena Vista Suites

$101.00 per night; INCLUDES BREAKFAST!

One block away from Marriott World Center (convention site)

Continuous shuttle service to/from Marriott World Center.

To reserve, email arrival and departure dates to Shirley@wci360.com

Alternative Accommodations:

. The Caribe Royale (one block away from

convention site)

$132.00 per might, single/double

call toll free (800) 823-8300, (407) 238-8000,

or make your reservations on-line

Marriott World Center (WCI Host Hotel)

$168.00 per night single/double

Reservations must be made via website or call

(800) 621-0638 and ask to be transferred to

Passkey reservations.

Judiciary College 2014!

Tuition is only $225.00 (NAWCJ members) or $350.00 (non-members) if

paid by July 15 and $265 (members) or $360.00 (non-members) if paid after

July 15. On-line registration is NOW OPEN at www.NAWCJ.org.

NAWCJ Lex and Verum Page 5

Pennsylvania Welcomes Five New Workers’

Compensation Judges

The Pennsylvania Bureau of Workers’ Compensation announced the addition of three

new workers’ compensation judges in May. Judges Erin Young and Audrey Timm will

be assigned to the Philadelphia office. Judge Snyder will be assigned to the Wilkes-Barre

office. Judge Nathan Pogirski will be assigned to the Pottsville Office and Jeffrey

Russell to the Harrisburg Office.

Judge Pogirski most recently practiced with Post and Schell in their Philadelphia

office. He began practicing law in 2002 and has represented both employers/insurers and

injured workers in workers’ compensation proceedings. He graduated from Messiah

College and earned his J.D. from the Dickenson School of Law at the Pennsylvania State

University.

Judge Russell earned his law degree from the University of

Pittsburgh in 1988, and his Bachelor’s from the same school in 1985. He focused his

practice on workers’ compensation and Social Security, most recently with O’Malley and

Magley in Pittsburgh since 2007. He is the author of a workers’ compensation manual

specifically for self-insured Pennsylvania employers and third party administrators.

Judge Snyder most recently practiced with White and Williams, and has primarily done

workers’ compensation defense work for the last fifteen years. He graduated from

Pennsylvania State University in 1990 and from Widener Law in 1994.

Judge Timm graduated from the University of Pennsylvania

and earned her J.D. from Temple University. She was admitted to

practice in 1989. Most recently, she was employed with

Traveler’s Insurance Company’s staff counsel in Philadelphia.

She has experience with trial litigation and extensive appellate brief writing experience.

Judge Young graduated from University of Delaware and earned her law degree from

Widener School of Law. She has practiced with Carpenter, McCadden and Lane for the

last eleven years. Her practice has been exclusively in the defense of workers’

compensation claims. She is a member of the Delaware County Bar Association, the

Pennsylvania Bar Association, and the Pennsylvania Defense Institute.

NAWCJ Lex and Verum Page 6

Judge Pogirski

Judge Young

Judge Snyder

Register Now!

Judiciary College 2014!

August 17-20, 2014

A thought for the Day

"Every moment of one's existence one is

growing into more or retreating into less. One

is always living a little more or dying a little

bit."

Norman Mailer

College Scholarship Deadline Extended! Applications due by June 15, 2014 See pages 42-44

Workers’ compensation is a subject near and dear to our hearts. We have invested a significant portion of our

lives to the topic. We have struggled with the questions of compensability, causation, medical necessity, major

contributing cause, apportionment, constitutionality, statutory construction, retroactive application, regulatory

interpretations, and more. We have each struggled with results we found to be unfair or unjust, and that is true

on both sides of the conflicts. As professionals, we sometimes find ourselves the object of derision or the brunt

of jokes from other lawyers and professionals, for doing “just comp.” Despite our immersion in the subject, or

perhaps because of it, few of us realize that workers’ compensation has intriguing beginnings. Fewer still realize

just how significant this area of the law has become in the last 103 years. As we ruminate on the many changes

that have occurred in this practice, there are potentials on the horizon for further change, about which we might

all be interested, or perhaps it is more accurate to say we all should be interested.

Workers’ compensation is big. Obviously, there are a multitude of individual state programs across the

continent. Federalism has dictated that workers’ compensation per se is a state-by-state process. There are

similarities among the various states’ programs, but also numerous differences. States’ leaders watch the

experience of other states, perhaps most closely their neighbors. Changes are made in one state’s laws

sometimes because of the perception that such a change has been beneficial in other jurisdictions. We have even

seen an appellate court panel find constitutional relevance in comparing our state’s benefits to those provided by

neighboring states. Though that decision was withdrawn by the court in later issuing an en banc decision, the

comparative perspective has nonetheless now been seen in the appellate judicial process.

Of course, when perceptions arise that some legislative effort has been beneficial, there is always the question

“beneficial to whom?” In some measure, the world of workers’ compensation will always be a series of

compromises between employers and workers. Perhaps neither side of the debate will ever be completely

satisfied. There are those who say that the “pendulum has swung too far,” in one direction or another. How one

feels about the pendulum in any particular jurisdiction at any particular moment is likely influenced to some

degree by the positioning of that observer along the continuum and the interests that the observer has on a

personal level, whether professional, economical, academic, or social. Regardless, however, there seems to be a

consistent tendency for us all to point to other jurisdictions for ideas whether we see their efforts as beneficial or

detrimental based upon personal perspective.

There have been suggestions that a federal workers’ compensation system would be more efficient, a solution

to the “nation's fragmented and chaotic workers' compensation medical delivery system.”1 Jon Gelman, a

workers’ compensation practitioner in New Jersey, writes a great deal on the subject of workers’ compensation

and related employment subjects. He contends that the Supreme Court’s decision upholding the mandate for

insurance coverage under the Affordable Health Care for America Act2 paves the way for similar federalization

in the arena of workplace injuries. This is an interesting analysis and worthy of consideration.

Is a “one size fits all” federal program practically possible in our time? Would there be benefit(s) to a “one

size fits all” federal approach to workers’ compensation? Would a nationalized process become a solution to

perceived problems in the various current state processes, without creating new and different problems?

Arguably, having one system would probably promote uniformity, which might make the marketplace as a

whole more predictable. On the other hand, a national process might not adapt as well to more local concerns

and distinctions. This is a debate that will likely continue. There are already several compensation systems in

place for a variety of federal employees, and for a few subsets of non-federal employees. These existing federal

programs are not necessarily the epitome of consistency. In other words, if the current federal programs are not

“one size fits all;” would a nationalized workers’ compensation program be any more so?

Where did it Come From, Where is it Going,

and How “Huge” is it Anyway? By: David Langham

NAWCJ Lex and Verum Page 7

Continued, Page 8.

How Huge, continued from Page 7.

One aspect of states’ workers’ compensation

has been federalized with little fanfare

following the terrorist attacks on September 11,

2001. That attack illustrated the risk associated

with “employee concentrations,” that is the risk

of having significant portions of any carrier’s

risk pool concentrated in one area. The

insurance industry is built upon a foundation of

spreading risk across large populations, so that

there may be loss in any one location or

population subset, but the absence of loss in

other subsets will offset those losses. In the

context of workers’ compensation, underwriters

can predict the probabilities of loss in a given

geographic, occupational, age, or other

demographic. The injuries and exposures that

followed that terrorist attack were significant,

and concentrated in New York City.

Following September 11, 2001, insurers

became cautious about how much risk they

underwrote in a particular geographic area to

avoid the disproportionate risk of an attack and

its effect on predictable underwriting estimates.

The federal government stepped into that

uncertainty with the Terrorism Risk Insurance

Act (TRIA) passed in 2002. It was re-

authorized as the Terrorism Risk Insurance

Extension Act (TRIEA) in 2005 and as the

Terrorism Risk Insurance Program

Reauthorization Act (TRIPRA) 2007.3 That law

will expire in December 2014, unless

reauthorized. There is uncertainty in the

marketplace regarding the probability of

reauthorization.

This U.S. Treasury program

(TRIA/TRIEA/TRIPRA) on terrorism acts

provides a “shared public and private

compensation for certain insured losses

resulting from a certified act of terror.”4 Not a

federalization of workers’ compensation per se,

but an example of the federal government

already exerting influence in the state workers’

compensation risk market. According to a

report by Marsh,5 uncertainty surrounding the

future of this “backstop” program is already

contributing to uncertainty in the workers’

compensation insurance markets.

Your 2013-14 NAWCJ Board of

Directors

Hon. David Torrey, President Pittsburgh, Pennsylvania

Pennsylvania Department of Labor and Industry

Hon. Michael Alvey, President-Elect Owensboro, Kentucky

Kentucky Workers’ Compensation Board

Hon. Jennifer Hopens, Secretary Austin, Texas

Texas Dept. of Ins., Div. of Workers’ Compensation

Hon. Robert S. Cohen, Treasurer Tallahassee, Florida

Florida Division of Administrative Hearings

Hon. Ellen Lorenzen, Past-President, 2010-12 Tampa, Florida

Florida Office of Judges of Compensation Claims

Hon. R. Karl Aumann Baltimore, Maryland

Maryland Workers’ Compensation Commission

Hon. Melodie Belcher Atlanta, Georgia

Georgia State Board of Workers' Compensation

Hon. David Imahara Atlanta, Georgia

Georgia State Board of Workers' Compensation

Hon. Sheral Keller Baton Rouge, Louisiana

Louisiana Workforce Commission

Hon. David Langham Pensacola, Florida

Florida Office of Judges of Compensation Claims

Hon. John J. Lazzara, Past-President 2008-10 Tallahassee, Florida

Florida Office of Judges of Compensation Claims

Hon. Jim Szablewicz Richmond, Virginia

Virginia Workers’ Compensation Commission

Hon. T. Kent Wetherell, II, Tallahassee, Florida

Florida First District Court of Appeal

NAWCJ Lex and Verum Page 8

Continued, Page 9

How Huge, continued from Page 8.

TRIA/TRIEA/TRIPRA is likely pressuring state premiums upward as carriers prepare for the contingency that

such terrorist risks will again be theirs to underwrite without federal assistance if the program is not extended

before December 2014.

The impact of workers’ compensation is all around us. There are dramatic effects that can follow workplace

injuries, for employers and employees. A widely cited quotation on the importance of workers’ compensation

comes from Judge E.R. Mills, of the Florida First District Court of Appeal, who said:

Workers' compensation is a very important field of the law, if not the most important. It touches

more lives than any other field of the law. It involves the payments of huge sums of money. The

welfare of human beings, the success of business, and the pocketbooks of consumers are affected

daily by it.6

His characterization, “huge sums of money” is intriguing. Workers’ compensation is huge, at least in the

context of the lives it touches. It is huge in that every reader of this small piece will have an interest in the topic

and will have been touched by a workers’ compensation system in some manner. Its impact is demonstrated by

the conferences that are held across the country to study it, the books that are written to explain it, and the

population of experts marketing their knowledge of various discrete aspects of it. But how huge is it anyway?

The answer is that it is billions of dollars annually huge, but how many billions?

Before answering the question, it would be better if we could agree on a context within which to measure its

size. Our world is full of objective measures by which we analyze things. For example, there is a speed limit on

the interstate, 70 miles per hour. With that context, we can judge that someone is going “too fast” or “too slow,”

compared to that “normal” speed. For comparison, when we have difficulty arriving on time, we might say that

traffic was “heavy.” This “heavy” description is similar to “huge,” descriptive, but not objective or verifiable in

the way a comparison to the speed limit might be.

There are multiple ways we could analyze the size of the industry that is workers’ compensation, and two of

them are addressed here: the premiums charged for workers’ compensation coverage and the volume of

workers’ compensation benefits delivered. These are verifiable and objective measures of this industry’s

financial impact. They are likely not the best measure of the importance of workers’ compensation. The best

measure of importance would more likely be the overall benefit provided to both the employee and the

employer by the existence of the grand compromise that is workers’ compensation. That benefit, however, is

more difficult to measure objectively.

Workers’ compensation is a fairly recent development. It has its roots in Western Europe in the late 1830s,

culminating in Germany’s compulsory care act which was finalized in 1884.7 England, similarly, passed the

Employer’s Liability Act in 1880. At that time, though the industrial revolution was in full swing, 49% of

Americans still earned their living from agriculture.8 To some degree, workers’ compensation was one of the

first American efforts at tort reform. In the 1850s, the practice of contingency fee representation had become

popular, and ordinary people were more likely to have access to courts. There was a resulting backlog in the

court systems. Crowded dockets led to delays, and there was a sentiment that some process must be devised to

deal with the risks faced by both the employee and the employer in an industrialized nation.9

The initial state efforts began in Georgia, with the passage of Employer Liability Acts. These efforts were

primarily aimed at preventing employee lawsuits. As of “1907, 26 states had passed employer liability acts.”10

These were protections for the employer, without a commensurate benefit to the injured worker. There was no

quid pro quo, and the acts were not effective in relieving the courts. In the early Twentieth Century, the broader

concept of workers’ compensation began to emerge on this continent. Early efforts were passed in New York,

Maryland and Massachusetts, but did not survive constitutional challenge. Initially, the concept of liability

without fault was frowned upon from a due process perspective.

The first constitutionally successful efforts were passed in 1911. Wisconsin was first, followed by similar

1911 enactments in California, Illinois, Kansas, Massachusetts, New Hampshire, New Jersey, Ohio and

Washington.11

Between 1912 and 1915, 23 more states adopted workers’ compensation laws.12

NAWCJ Lex and Verum Page 9

Continued, Page 10

How Huge, continued from Page 9.

Between 1916 and 1920 eleven more states passed workers’

compensation laws.13

North Carolina joined the trend in

1929, Florida and South Carolina in 1935, Arkansas in

1939, and finally Mississippi in 1948.14

The New York Court of Appeals concluded the New

York statute was constitutional,15

as did the United States

Supreme Court in 1917 in New York Central Railroad v.

White.16

The distinction leading to the conclusion of

constitutionality is the quid pro quo, or compromise

character, of modern workers’ compensation where both

sides to the debate each received a benefit and suffered a

detriment. From the Court’s holding in White, we learned

the phrase “natural justice,” later cited by Florida’s First

District Court of Appeal in the February 28, 2013 panel

decision in Westphal v. City of St. Petersburg

(withdrawn).17

This was an interesting analysis in that it

sought to determine constitutionality not based upon the

nature of Florida’s current compromise or quid pro quo

itself, but based upon comparing the perceived value of a

specific element of that compromise compared to the

current specific element of the compromise in states that

neighbor Florida. Some questioned that comparative

methodology generally. Others, conceding that comparative

methodology could have merit, questioned whether such

comparison could logically be micro-focused on a single

element of a statute (such as temporary total disability

benefits), or whether any such state-to-state comparison

would have to include the full spectrum of various benefits

afforded by each such system. With the withdrawal of the

Westphal panel decision, that constitutional debate is left

for another day.

The rapid spread of workers’ compensation across the

country is intriguing. In nine years, from 1911 through

1920, workers’ compensation laws were passed in 43 states.

The Longshore and Harborworkers Act was added in

1927,18

and amended in 1928 to extend coverage to the

District of Columbia. In 1979 the District passed its own

workers’ compensation act.19

There are now federal

programs for railroad injuries (FELA), federal and Postal

workers (FECA), nuclear workers (Energy Employees

Occupational Illness Compensation) and defense base

workers (Defense Base Act.). These programs are

mentioned by those who argue in favor of a federalized

workers’ compensation system for all American workers.

These programs illustrate, however, that even on a national

level there exists a patchwork of systems and processes,

each distinguished by their respective enabling statutes.

Thanks to our 2013

NAWCJ

Judiciary College

Sponsors:

Torrey-Greenberg Pennsylvania Workers’

Compensation treatise, as published by Thomson-

Reuters.

NAWCJ Lex and Verum Page 10

Continued, Page 11.

How Huge, continued from Page 10.

The existence of these multiple federal processes may cast doubt on the prognostication that a seamless and

consistent process of national workers’ compensation for all states could be enacted in the 21st Century.

But again, how huge is workers’ compensation? As of 1995, 91% of the wages paid in this country were

covered by some workers’ compensation system.20

That is a huge percentage. One objective measure of size

would be the volume of benefits provided to injured workers through the various programs; another would be

the volume of premiums collected from employers. In 2011, $60.21 billion in medical and indemnity benefits

were paid.21

That year, the overall net premium written for workers’ compensation was $37.5 billion.22

These

are both huge sums of money.

Interestingly, 60.4% of that $60.21 billion in 2011 medical and indemnity benefits, or $36.35 billion, was paid

by the top 10 largest workers’ compensation systems.23

The largest system is not the federal government despite

the variety of programs it administers. The largest is California, followed by New York, the combined federal

programs, Illinois, Pennsylvania, Florida, Washington state, Ohio, New Jersey and Texas.24

Coincidentally, the

six most populous states in the country are in this group, they are California, Texas, Florida, New York, Illinois,

and Pennsylvania.25

The analysis of this 60.4% is also comparative, considering also the percentage of workers’ compensation

benefits that were paid in each of these ten jurisdictions compared to the percentage of U.S. workers in each

jurisdiction and each state’s percentage of “all U.S. wages covered by workers’ compensation.” Overall, the

states’ percentage share of the workers’ compensation benefits paid is rarely commensurate with its share of

workers or wages. All of the figures in the following summary chart are from Business Insurance.26

Rank Jurisdiction % of Benefits Paid

% of U.S. Workers

in Jurisdiction

% of U.S. Wages

Paid in Jurisdiction

1 California 17.4% 11.4% 13.0%

2 New York 8.5% 6.6% 8.5%

3 Federal 6.3% 2.3% 3.5%

4 Illinois 5.1% 4.3% 4.6%

5 Pennsylvania 4.8% 4.3% 4.2%

6 Florida 4.5% 5.3% 4.6%

7 Washington 3.8% 2.2% 2.2%

8 Ohio 3.7% 3.9% 3.4%

9 New Jersey 3.6% 2.9% 3.5%

10 Texas 2.7% 6.6% 6.7%

Total 60.4% 49.8% 54.2%

The first and tenth programs in this chart provide a stark contrast. California, with 13% of the countries wages,

paid 17.4% of the total 2011 workers’ compensation benefits. Texas, with 6.7% of the wages, paid only 2.7% of

benefits. This may be explained by a variety of factors, see below. The chart illustrates, however, that there is a

potential for comparative advantage between the states regarding the cost(s) of doing business.

The measure of benefits paid to (and on behalf of, such as medical care) injured workers is dependent on a

variety of statutory and regulatory definitions and constraints. For example, each state may define its own

calculation of the average wages upon which payments of indemnity benefits would be premised. Each provides

its own parameters for when and how long such indemnity benefits are paid. Each state may restrict or define,

through regulation or law, the amounts that physicians, hospitals, and others are paid for services rendered to

the injured workers, and the nature and extent of such benefits.

NAWCJ Lex and Verum Page 11

Continued, Page 12

How Huge, continued from Page 11.

One law firm therefore contends that state’s efforts at workers’ compensation

“reform” are part of a “race to the bottom,” in a “fallacious attempt to appear less

expensive than their neighboring state.” The attorneys assert that this results in a

“continuing spiral downward of worker rights and protections often placing the

burden of workplace safety and injuries not on the responsble (sic) parties, but on

the workers and local, state, and national government.”27

Despite the motivation thus ascribed to the states, questions may remain

regarding the efficacy of statutory reforms. Marsh notes that “California passed a

significant workers’ compensation reform bill in 2012, but the promised savings to

employers remains to be seen.”28

In fact, rates charged for workers’ compensation

coverage continue to rise, despite these reforms, “driven in large part by

dramatically escalating medical costs in the U.S.”29

The contribution of medical

care costs to premiums is echoed by the Florida Office of Insurance Regulation,

which notes “substantial rate reductions would occur if the cost in Florida were

brought in line with other states for drugs, inpatient hospital, outpatient hospital

and ASC (ambulatory surgical center) reimbursements rates.”30

A “comparative advantage” is where someone “can produce it (a product or

service) at lower cost than anyone else.”31

Comparative economic analysis is

ultimately at the root of much of our shifting work environment and American

economy in the last few decades as companies transferred manufacturing

duties/jobs to countries with lower labor costs, thus enabling them to produce their

product at a lower cost and thus gaining a comparative advantage over their

marketplace competitors.

Comparative advantage between states might likewise be gained through a

variety of legislative “investments.” A sound and useful transportation

infrastructure or a well-educated workforce could render a state more attractive to

business than neighboring or otherwise competing states. The argument of Messrs.

Famer and Dreiser (endnote 27) is that constraints on workers’ compensation

benefits, and thus of cost, are being used by jurisdictions to create a comparative

advantage over their competing states, whether those states are adjacent or not.

The underlying theory is substantially similar to the wage rate concept. If workers’

compensation benefits are lower in a state, then premiums for workers’

compensation coverage can (will?) be lower, and the cost of doing business in that

state can therefore be lower. Similar economic arguments might be made

regarding a vast variety of state laws and regulations.

The premiums collected for workers’ compensation coverage represent a cost to

employers and is therefore an element in the methodology each must use in

calculating its overhead expense, and its charges for goods or services. Thus, a

company facing a decision to build and staff a facility, with otherwise equal

attractions to Texas and California, might see a comparative advantage in a Texas

location due to the lower cost of workers’ compensation coverage and tort

immunity.

Questions about this “race to the bottom” theory might also involve a discussion

of results versus intents in the context of whether statutory changes really create

long-term cost decreases. As benefits to injured workers’ decrease through

statutory constriction, the expectation might be decreased premiums.

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NAWCJ Lex and Verum Page 12

Continued, Page 13

How Huge, continued from Page 12.

Modern workers’ compensation involves much more than the employer and employees though. If vendors or

medical providers increase their costs, the net result of the alleged “race to the bottom” statutory constriction

may not be any real cost savings, but only a shift from workers receiving benefits to vendors being better paid

for the services they deliver to either injured workers or to the insurance industry itself.

How huge is workers’ compensation? The national net premium written for workers’ compensation in 2011

was $37.5 billion.32

The all-time high for net written premium was $49.2 billion in 2005.33

The difference

between the 2011 premium, $37.5 billion, and the 2011 indemnity and medical payments of $60.21 billion, is

$22.7 billion. Each of these is a significant amount. Each might be characterized as “huge.”

According to AM Best the 25 largest workers’ compensation insurers, based upon their net written premium,

account for about 70% of the net written premium in the country. The top ten carriers alone account for 50%.

They are (in order): Liberty Mutual Insurance, American International Group (AIG), Travelers Group, Hartford

Insurance Group, State Insurance Fund of New York, State Compensation Insurance Fund of California, CNA

Insurance Companies, Zurich Financial Services NA Group, Chubb Group of Insurance Companies, and Texas

Mutual Insurance Company.34

Ten companies collecting half of the $37.5 billion premium! Despite this

significant volume of premium collected, the Marsh Insurance Market Report 2014 noted that “workers’

compensation continued to be a generally unprofitable line of business for insurers in 2013.”35

Claims costs are

increasing and are predicted to continue to rise.36

This is in spite of the “race to the bottom” argument of

Messrs. Famer and Dreiser (endnote 27).

How huge is workers’ compensation? Compare the 2011 net premium written for workers’ compensation of

$37.5 billion and the 2011 indemnity and medical payments of $60.21 billion to some other American

industries. In 2013, the National Football League (NFL) had revenues of just above $9 billion,37

Major league

baseball (MLB) revenues were about $8 billion, the National Basketball Association (NBA) about $5 billion,

NASCAR about $3.1 billion,38

and The National Hockey League (NHL) about $2.9 billion.39

These total only

$28 billion. How huge is workers’ compensation? It has revenues (net premiums) of more than the combined

revenues of American football, baseball, basketball, NASCAR, and hockey; it paid benefits in 2011 more than

double the annual revenue of these national pastimes.

Florida alone had $2 billion in written workers’ compensation premium in 2012. According to the Department

of Insurance Regulation, “in 2012, 245 privately-owned insurers actively wrote workers’ compensation

insurance in Florida. In total, these private sector insurers wrote $2,013,465,276 of coverage.”40

California

alone had written premium of over $9 billion in 2012.41

California’s written premium exceeded the revenue of

the NFL. The six most populous states’ written premiums equaled $23 billion in 2012, which is more than the

combined revenues of the NFL, MLB, and the NBA. Workers’ compensation is huge.

There is potential for change on the horizon. One possibility cited by Mr. Gelman above is that workers’

compensation could be federalized (endnote 1). Proponents of this suggest that such standardization would

bring the market more stability and remove any incentive for the “race to the bottom” described by Messrs.

Famer and Dreiser. They also argue that a variety of disputes and costs in workers’ compensation could be

eliminated in a single-payer system with one set of legal standards, regulations, and forms for all jurisdictions.

Issues of where a particular employer might legally contract to perform services would be eliminated as

coverage would be nationwide. Opponents of such a move argue that the federal government has not

distinguished itself in the field of efficient management. One might argue that its 6.3% of benefits paid,

compared to its 2.3% of United States workers and 3.5% of U.S. wages does not signal efficiency. There would

also likely be arguments of states’ rights and federalism, though as Mr. Gelman points out, the recent decisions

regarding the Affordable Care Act might foreshadow the outcome of such challenges in a workers’

compensation federalization setting.

Another possibility suggested recently is that workers’ compensation could lose relevance generally if states

follow the lead of Oklahoma. Oklahoma recently amended its workers’ compensation statute to allow an opt-out

for businesses. According to Marsh, “Other States in 2014 will continue to monitor opt-out options, and may try

to pass similar legislation to drive costs out of the workers’ compensation system.”42

NAWCJ Lex and Verum Page 13

How Huge, continued from Page 13.

Texas has allowed an opt-out for about 20 years. In Texas, however, the opt-out from workers’ compensation

leaves that business subject to the tort system and all of the potential damages that entails. The Texas opt-out

allows business to escape the burdens of worker’s compensation (payments) but likewise relieves them of the

benefits (tort immunity). In Texas, a business may either have its cake or eat its cake.

Oklahoma by contrast allows employers to opt out of the workers’ compensation system and avoid the

burdens, but to nevertheless retain their immunity from tort claims if they provide an equivalent benefit

package. Essentially, this would apparently allow employers to create their own, individualized, workers’

compensation programs, defined and administered by the employer. The Oklahoma employer is still subject to

some of the burden, that is, the payment of benefits to injured employees, but it perhaps has greater latitude for

defining their own processes and procedures for the delivery and dispute resolution processes to which such

benefits are subjected.

Thus the Oklahoma opt-out does not necessarily allow the employer to “have its cake and eat it too,” but it is

perceived as beneficial to business. It is therefore leading to discussion as to whether this provides Oklahoma a

comparative advantage over other states, and whether that could attract business there. In the comparative

advantage discussion, is it coincidence that Oklahoma neighbors Texas? If Oklahoma enjoys a comparative

advantage from its recent enactment, will its change “serve as a prototype for other states?”43

If the Oklahoma

opt-out, with tort immunity, succeeds, could that alternative to workers’ compensation spread across the country

with the speed that workers’ compensation was adopted initially? Will the second decade of this century see

legislative change similar to the second decade of the last century? For those whose first reaction is “it cannot

happen here,” I commend reading of Fla. Stat. §440.211 (and similar state provisions). Yes, Florida already has

an opt-out (some prefer that these be referred to as “carve outs”) similar in nature to Oklahoma’s, though more

limited in scope to businesses involved in collective bargaining. It is 20 years established, and has been

effectively used. Florida is not alone in this regard.44

The topic is detailed by Judge David Torrey in Workers’

Compensation “Carve-outs”: Law, Background, Criticism, and a Twelve State Table,45

published by the

NAWCJ.

One striking element of the comparison between states (chart above) is that Texas is the tenth largest workers’

compensation system in the country. This might not be perceived as curious at first blush, as Texas does not

compel participation in workers’ compensation. However, despite the option, only about one-third of Texas

employers exercise the opt-out, according to the National Council on Compensation Insurance.45

Thus, although

Texas business has had the option for years, most businesses nonetheless elect coverage, likely for the controls

which workers’ compensation provide in terms of cost and immunity. Would that proportion change if Texas

adopted an Oklahoma style opt-out that retains immunity and control? If Oklahoma is successful, will Texas

have any option except to adopt a similar provision to compete with Oklahoma?

Whether workers’ compensation will trend to greater uniformity through federalization or to an even more

diverse assortment of plans through further adoption of opt-out provisions remains to be seen. What is clear,

however, is that Judge Mills was right, “workers' compensation is a very important field of the law, if not the

most important.46

It is huge, by any standard by which you would measure it. It affects millions of Americans

every year.

Over the last many years, I have witnessed many exceptional intellects that have been drawn to this most

important field of law. I continue to be impressed by the ingenuity and imagination of those on both sides of the

various debates constitute workers’ compensation litigation. Many will play a role as workers’ compensation

progresses, either through incremental change in the hearing rooms and courts or through legislative change

either towards more opt-outs or to federalization. Regardless of direction or degree, the progress of workers’

compensation will be in the hands of so many who read this and who individually trust their own personal

convictions regarding this huge thing we call workers’ compensation. __________

Endnotes are on page 48.

NAWCJ Lex and Verum Page 14

NAWCJ Educational

Opportunities 2014! New Judges College

In cooperation with The Tennessee Department of Labor

and Workforce Development, Division of Workers’

Compensation, June 17-18, 2014, Nashville, Tennessee.

Details on Page 15 and 48-52 of this issue.

NAWCJ Judiciary College 2014 In cooperation with the Workers’ Compensation Institute,

August 17-20, 2014, Marriott World Center, Orlando,

Florida.

Full Curriculum and Faculty biographies on

Pages 25-47of this issue.

Judicial Education Program In conjunction with the International Association of

Accident Boards and Commissions (IAIABC), September

29-30, Austin, Texas.

Details Coming Soon!

Judiciary College 2014 is 73 days away

Register now at www.NAWCJ.org

Hotel arrangement details on page 4!

NAWCJ Lex and Verum Page 15

And then there was one. In 2012, there were two states in this country that used their constitutional courts, that is courts of general jurisdiction, to hear workers’ compensation trials. Alabama, and Tennessee were the last adherents to this model; and Oklahoma had a distinct constitutional court for such trials as does Rhode Island. In 2013 Oklahoma and Tennessee adopted the administrative hearing process instead, leaving Alabama as the last general jurisdiction hold-out. Despite the overwhelming trend in the administrative process direction, a Louisiana senator sponsored SB227 this year that would have moved that state’s process from its current administrative setting back to the state courts. That proposal has not as yet gotten any traction. The NAWCJ has been honored to play a small role in Tennessee’s transition to the administrative process. The week of June 16, 2014 adjudicators and regulators from eight jurisdictions will be in Nashville to provide judicial training for the first eight Tennessee workers’ compensation judges. They were appointed in mid-May. There will also be an appellate board appointed soon as Tennessee gears up for transition of new claims to the administrative process beginning July 1, 2014. The Tennessee Division Administrator is Abigail Hudgens. She benefits from long experience in workers’ compensation both in the private sector and as risk manager for two of the largest cities in the state, Nashville and Knoxville. She is responsible for management of the Tennessee Workers’ Compensation Division, whose regulatory responsibilities are similar to so many other states including assistance for injured workers, administering penalties for employer non-compliance, a second injury fund, and an uninsured employer fund. The Division is involved in regulation of impairment rating guidelines, drug free workplace, and data collection. With the 2013 amendments, she was tasked with managing the creation of the administrative trial process, the vetting of judges, and much more. She chaired the committee that interviewed the many applicants who sought to fill the role of Tennessee workers’ compensation judge. The Division Assistant Director is Jeff Francis. He has significant responsibilities in the management of Division business, including budgeting, personnel management, management information systems and claims. His experience in workers’ compensation includes management of the Medical Impairment Rating Registry. He has played a significant role in the planning for the Seventeenth Annual Tennessee Workers’ Compensation Educational Conference (TWCEC), and in the New Judges College which will be held in conjunction with the TWCEC. Hon. Kenneth M. Switzer has been selected to serve as Tennessee’s first Chief Judge. He graduated from David Lipscomb College and earned his law degree from the University of Louisville. Judge Switzer has been practicing law almost forty years, since 1977. He has been a litigator and a mediator in workers’ compensation personal injury and medical malpractice. Judge Switzer is certified by the National Board of Trial Advocacy. During his practice, he has been a frequent speaker at educational seminars on the subjects of civil trial and workers’ compensation practice.

Tennessee Names First Eight Workers’

Compensation Judges By: Per Curium

Director Abigail Hudgens

Assistant Director

Jeff Francis

Chief Judge Switzer

Judge Addington

NAWCJ Lex and Verum Page 16

Continued, Page 17.

Tennessee, continued from Page 16.

Hon. Brian Addington graduated from Pikeville College, and from the University of Tennessee College of Law in 1993. He practiced as a corporate attorney. He became an Unemployment Hearing Officer in 1996, and presided over those disputes until 2004 when he began working for the Tennessee Workers’ Compensation Division. In that role, he has heard disputes regarding temporary benefits, medical authorizations and settlements. Hon. Joshua Baker graduated from Auburn University and earned his law degree from Appalachian School of Law in

2005. He was an administrative attorney and legislative liaison with the Tennessee Division of Workers’ Compensation. As such, he was integrally involved in the regulatory process regarding Tennessee workers’ compensation, including rule

development. His past experience includes service as an Assistant Attorney General. At the Attorney General’s office, he counseled and represented the Department of Labor and Workers’ Compensation Division. Hon. Pamela Johnson graduated from the University of Tennessee and earned her law degree from the University of Memphis in 2000. She was Of Counsel with Leitner, Williams, Dooley and Napolitan. She focused her practice on defense of workers' compensation, personal injury, premises liability, products liability and construction liability defense. She has also been involved in appellate practice and administrative practice. She has been involved in the Knoxville Bar Association, the Mid-South Workers' Compensation Association, and Halls Business & Professional Association. Hon. Lisa Knott graduated from University of Tennessee and earned her law degree from Cumberland School of Law at

Samford University. She was a Workers’ Compensation Specialist 4 with the Division of Workers’ Compensation in their Knoxville office. She conducted Request for Assistance hearings and settlement approval hearings. Prior to working at the Division, she practiced eleven years defending workers’ compensation, personal injury, product liability and premises cases in Tennessee for eleven years. She has been very involved in the legal community including the Knoxville Bar Board of Governors and the Tennessee Bar Young Lawyers’ Division. Hon. Allen Phillips was a partner with Waldrop & Hall, where he had practiced since 1990. His varied practice included employment law, personal injury, insurance

defense, family law and workers’ compensation. He served on the board of directors of the Jackson-Madison County Bar Association. He graduated from Lambuth College and earned his J.D. from the University Of Tennessee College Of Law in 1990. Hon. Jim Umsted graduated from the University of Memphis School of Law in 1971. He has worked as an Assistant City Attorney in Memphis, and as founding partner of Long, Umsted and Jones. His practice included products liability, personal injury and workers’ compensation. In 2003, he joined the Tennessee Dept. of Labor and Workforce Development as a Workers’ Compensation Specialist. Hon. Thomas Wyatt earned his J.D. and bachelor’s degrees

from the University of Tennessee in Knoxville. He clerked for the Honorable Hershel P. Franks of the Tennessee Court of Appeals, and since that time has worked at Summers and Wyatt, P.C. His practice has been focused on representation of injured persons in workers' compensation, personal injury, and Social Security Disability cases.

NAWCJ Lex and Verum Page 17

Judge Baker

Judge Knott

Judge Johnson

Judge Phillips

Judge Umsted

Judge Wyatt

THE NATIONAL ASSOCIATION OF WORKERS’ COMPENSATION

JUDICIARY

APPLICATION FOR MEMBERSHIP

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NAWCJ Lex and Verum Page 18

Senate Bill Would Promote Data-Sharing to

Tackle Fraud By Peter Mantius

A U.S. Senate bill introduced Tuesday by Sen. Bill Nelson, D-Florida, seeks to promote fraud data-sharing to

combat ever-increasing sophistication of illegal schemes against Medicare, private health care insurers and

workers' compensation carriers. The bill, S. 2361, comes only a week after a federal fraud strike force charged

90 individuals in Miami, Houston, Los Angeles, Detroit, Tampa and New York City with $260 million in false

health care billings. “Medicare fraud continues to run rampant,” Nelson, a former Florida insurance

commissioner, said in remarks on the Senate floor. “It’s especially true in my state of Florida, where South

Florida remains unfortunately ground zero for Medicare fraud.”

The bill would enable insurers and law enforcement officials to freely exchange case and crime trend data

without being vulnerable to defamation suits by persons discussed in confidential case files.

Dennis Jay, executive director of the Coalition Against Insurance Fraud, said insurers have been leery about

sharing case information because of the threat of litigation. Although actual lawsuits are relatively rare, the

threat has had a chilling effect on sharing by private insurers at a time when cooperation is becoming an

increasingly critical anti-fraud tool, Jay said. About a dozen states have passed laws that provide insurers

immunity, including Pennsylvania and Maryland, according to Coalition officials. “With these laws, the

lawsuits get quashed,” Jay said. “Without them, insurance companies worry about spending a lot more money

defending suits.”

The Nelson bill would provide a degree of immunity on a national level. It would also require Medicare to use

databases to verify the background of health care providers before allowing them to enroll in the system.

“That’s an upfront control that we can and should implement,” co-sponsor Sen. Susan Collins, R-Maine, said in

her remarks on the Senate floor Tuesday. “Currently Medicare relies on self-reported information,” Collins said.

“As a consequence, providers who previously had an ownership interest in an organization that defrauded

Medicare can potentially get back into the program by simply using different names and failing to disclose

(their history of wrongdoing).”

Enforcement officials said fraud schemes have been continuously evolving and growing more sophisticated.

Often they have links in several cities, and often they are managed by ethnic groups, including Russians in New

York City, Cubans in Miami, Albanians in Southern California, as well as Estonians, Latvians and Armenians

in other cities, Coalition officials said. Enforcement officials have noted that some organized ethnic fraud rings

specializing in insurance fraud use the proceeds to fund other criminal activity.

The types of fraud vary from auto-crash rings that exploit both health and property/casualty insurers to

medical mills that exploit workers’ compensation insurers and Medicare. CNA, Travelers and Zurich, three of

the nation’s largest workers’ compensation carriers, are members of the Coalition, which is a cofounder of the

Healthcare Fraud Prevention Partnership, a national group of public and private insurers, law enforcement and

public interest groups.

On March 26, the Senate Special Committee on Aging, which Nelson chairs, heard testimony on Medicare

fraud. Brian Martens, a special agent with the Office of Inspector General in the federal Department of Health

and Human Services, explained that new permutations of fraud schemes are arising constantly.

NAWCJ Lex and Verum Page 19

Continued, Page 20

Senate Bill, continued from Page 19

“Not only are fraud schemes mutating, they are migrating, geographically and even

between parts of the Medicare program,” Martens said. “We are seeing an evolution

of beneficiaries’ roles in health care fraud … including victims of medical identity

theft.”

Martens said organized criminal networks were becoming more common and more

threatening. “The criminals committing these crimes are often dangerous, and we

regularly encounter stockpiles of weapons when we execute arrest warrants and

enforcement operations,” Martens said. “Fraud schemes can be both viral and

migratory,” he added. “For example, we first saw an HIV fraud scheme in Miami.

Through aggressive prosecution in Miami, we saw the decrease of those services

billed under Medicare Part B in Miami and saw the fraud scheme surface in Detroit.”

The schemes in Detroit were organized by relatives of the co-conspirators in Miami,

Martens said. The nationwide arrests May 13 involved various health-care fraud

activities, involving medical treatments and services, home health care, mental health,

psychotherapy, physical and occupational therapy, durable medical equipment and

pharmacy fraud. Among the defendants were 27 medical professionals, including 16

doctors. The fraud was rampant, it was brazen, and it permeated every part of the

Medicare system,” said Acting Assistant Attorney General David A. O’Neill.

Jay said the Coalition Against Insurance Fraud and the Healthcare Fraud Prevention

Partnership have turned to data exchange and analysis to combat the new trends in

fraud. “This data exchange, while protecting the privacy of patients and medical

providers, is essential for the success of the partnership,” Jay wrote in a letter backing

Nelson’s legislation. Jay acknowledged that most legislation faces an uphill battle in a

highly partisan Congress, but he noted that Nelson’s bill has clear bipartisan support.

Plus, there is near universal understanding “that the federal government is leaking a

lot of money to fraud,” he said. Jay acknowledged that some privacy advocates and

medical providers might take issue with certain provisions. But he said that he and

other drafters of the legislation “tried to make sure we weren’t creating enemies.”

AASCIF Outlines Potential ACA

Impacts on Workers’ Comp

The impact of the Affordable Care Act on workers’ compensation is still an open

question. But the American Association of State Compensation Insurance Funds is

looking for answers in a study of the aftermath of Massachusetts’ health care reform

and using it to make predictions.

The Massachusetts reform and the ACA have many of the same provisions,

AASCIF said in the latest edition of its quarterly newsletter. A 2012 Rand study of

the Massachusetts health care reform found that workers’ compensation hospital

billing decreased as a likely result of the expansion of health insurance coverage. “It

is reasonable to assume a positive impact on workers’ compensation if overall health

insurance coverage is expanded," AASCIF said. However, this will vary by state.

NAWCJ Lex and Verum Page 20

Continued, Page 21

AASCIF, continued from page 20.

The predictions include:

A reduction in nonwork-related medical care shifted to workers’ compensation (by both

injured workers and providers).

Greater general access to primary care, increased preventive care, expansion of wellness

initiatives, etc., resulting in improvement in overall health of population, reduction of

comorbidities, etc. (lower severity, shorter return to work, reduced indemnity payments, etc.).

Increased demand for primary care providers resulting in providers moving away from

workers’ compensation.

Government-mandated cost containment and Medicare payment reductions increasing

financial pressures on providers; resulting cost shifting to workers' compensation (particularly

in states with higher workers' comp reimbursement rates).

An increased expense for the cost of installing required universal Electronic Health Records.

“Many of these predictions make sense as valid benefits or risks to the industry. Some are more speculative at

this point, or longer term in nature. Regardless of predictions and ultimate impact, insurers can (and should) be

doing things now to protect themselves,” the newsletter said.

THE NATIONAL ASSOCIATION OF WORKERS’ COMPENSATION

JUDICIARY

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Mail your application and check to: Kathy Shelton, P.O. Box 200, Tallahassee, FL 32302 850.425.8156; Email: kathy@wci360.com

NAWCJ Lex and Verum Page 21

Sorry, no pun intended. Not suggesting you inhale, but rather take a step back before you get all excited about

a single court case. Finally, there’s an actual real live bona fide true factual documented report of medical

marijuana (MM) paid for by work comp. To date, there’s been much speculation, a lot of pixels published, and

way too much hot air – but now we have our first – and as far as I can tell only – time a work comp payer has

been told to pay for MM. Let the floodgates open. Or perhaps not.

Our industry loves to hyperventilate endlessly on newly-emerging-highly-unlikely-but-really-scary cost

drivers. Medical marijuana, obesity, an aging population have had their day in the virtual sun, and although the

latter two are worth discussing, the reality is the research indicates they just aren’t that much of a factor.

But now, a court in New Mexico has said an insurer has to pay for marijuana. Thanks to the pros at

WorkCompCentral, the case, Vialpando v. Ben’s Automotive Service and Redwood Fire & Casualty, is now on

the tip of everyone’s tongue. The claimant’s attorney is telling insurers to contract with marijuana dispensaries

(!), others are opining the “floodgates” will open, and friend Mark Pew is advising employers to implement

drug-free workplaces.

Before we spend a lot of time and energy on this, let’s consider the real world. There is little credible research

indicating medical marijuana is an effective treatment for pain. Yes, there is some evidence that in relatively

small populations MM has been beneficial, however they aren’t large enough, nor objective enough, to provide

convincing proof. Notably, it is difficult for researchers to study a Schedule I drug, and that has undoubtedly

hampered the process. Despite that limitation, over 40 studies have been conducted, and according

to Medscape; “The majority of the studies showed an improvement in pain relief in comparison to a placebo or

to other traditional pain medications. About a quarter of the studies showed no improvement.”

When one digs into the research, there’s quite a bit of variation in the study design, the pain type, duration,

measurement methodology and assessment process making it difficult if not impossible to come up with an

overall sense of efficacy or effectiveness. Some research even indicates THC can increase sensitivity to some

types of pain.

THC – the most studied active ingredient in marijuana – has

been studied extensively, with mixed results. In a relatively-small

study of advanced-stage cancer patients, some subjects become

highly agitated and anxious after ingesting THC orally. Others

reacted differently, and to varying degrees.

All that said, I could not locate any large-scale, double-blind

randomized control studies addressing the effect of MM on pain.

The studies tend to be small, deal with discrete groups of

volunteers (hey, want to get paid to get high?), and focus on one

specific type of pain (neuropathic the most common, where the

effect of MM seems to be pretty significant).

Does MM offer a possibly-better-alternative to opioids?

Absolutely. Does it come with its own set of problems?

Absolutely: about 10 percent of users may become “addicted”;

others experience very high anxiety levels; it certainly can be

diverted.

What does this mean for you?

Medical marijuana in work comp –

take a deep breath, folks…

By: Joe Paduda*

NAWCJ Lex and Verum Page 22

Continued, Page 23

Marijuana, continued from page 22.

Until and unless there is credible research and a clear understanding of the risks and potential benefits of

medical marijuana, we won’t see widespread – or even very little – use in workers’ comp. Schedule I status,

problematic side effects, social stigma, and legal issues are all major barriers – and will remain so.

Okay, let’s get back to real issues.

BTW, kudos to WCC; the article is comprehensive, well-researched, and provides a solid background on the

overall issue as well as an explanation of the legal situation in New Mexico and other states. __________

Joseph Paduda is a nationally recognized expert, speaker, media source and author on managed care in group health and

in workers’ compensation. He translates complex data into actionable knowledge and is able to take an aerial view or to

drill down into intricate niches His practical approach and nearly 20 years experience in the field give clients precise

direction and applicable programs.

___________

The foregoing was originally published on Managed Care Matters, a healthcare blog, and is reprinted here with the

author’s permission. http://www.joepaduda.com/author/joe-paduda/

NAWCJ Lex and Verum Page 23

Commission Chair Aumann (MD)

moderates a panel including Judge David

Torrey (PA), Commissioner Jack Nolish

(MI), Judge Deneise Lott (MS) and Judge

Murphy (MD) at the Judicial College held

in San Diego, California in conjunction

with the IAIABC Annual Convention.

NAWCJ President Judge David Torrey

(PA), at the Judicial College held in San

Diego, California in conjunction with the

IAIABC Annual Convention.

NAWCJ

Annual Business Meeting

Tuesday, August 19, 2014

Marriott World Center, Grand Ballroom 6

4:50 p.m.

The Annual Business meeting will be held pursuant to the bylaws (visit www.nawcj.org and click on the link to

“organization” and then “bylaws”) on Tuesday, August 19, 2014 at 4:50 p.m.

Pursuant to Article VII, any amendments to the Bylaws must be transmitted to the membership thirty days prior to the

annual meeting. Therefore, any proposed bylaw amendments should be forwarded to the Chair of the Nominations and

Bylaws Committee, Hon. John J. Lazzara (john.lazzara@doah.state.fl.us) before the close of business on June 30, 2014.

Pursuant to Article III, the election of officers shall occur at

the annual meeting. Nominations are therefore open for the

positions of President-Elect, Secretary and Treasurer as defined

in Article IV of the Bylaws. Any nominations for these offices

must be received by the Chair of the Nominations and Bylaws

Committee, Hon. John J. Lazzara

(john.lazzara@doah.state.fl.us) before the close of business on

June 30, 2014.

Pursuant to Article V. There shall be a Board of Directors of

the Association. The members of the Board are appointed by

the Officers and shall serve a term of one year. Therefore, any

nominations for Board service must be received by the Chair of

the Nominations and Bylaws Committee, Hon. John J. Lazzara

(john.lazzara@doah.state.fl.us) before the close of business on

June 30, 2014.

NAWCJ Lex and Verum Page 24

Congratulations to NAWCJ’s next

President, Hon. Michael Alvey of Kentucky.

See his complete bio on page 33.

Scholarship opportunities available,

see page 42 of this issue!

NAWCJ Judiciary College 2014

Orlando, Florida

August 17-20, 2014

Sunday, August 17, 2014

12:00 - 1:30 MOOT COURT JUDGES’ LUNCHEON

1:40 – 5:00 EARLE E. ZEHMER MOOT COURT PRELIMINARY ROUNDS Celebrating 27 years in 2014, the E. Earle Zehmer Competition will include sixteen teams.

The competition is co-sponsored by the NAWCJ and the preliminary rounds are judged by

members of the NAWCJ. The final rounds on Monday are judged by a panel of the Florida

First District Court of Appeal. The competition is outstanding, the participants are

exceptional, and this opportunity to contribute to the students’ development is both exciting

and gratifying.

Monday, August 18, 2014

8:00 – 8:30 REGISTRATION AND INFORMATION

8:30 – 9:00 WELCOME

Honorable David Torrey, NAWCJ President

Pennsylvania Department of Labor and Industry

Pittsburgh, Pennsylvania

9:00 – 10:50 EVIDENCE FOR ADJUDICATORS

Honorable David Torrey, Introduction of Speaker

Pennsylvania Department of Labor and Industry

Pittsburgh, Pennsylvania

Professor Charles W. Ehrhardt

Florida State University School of Law

Tallahassee, Florida

Workers’ Compensation adjudicators across the country are bound by evidence codes to

varying degrees, sometimes depending upon the type of hearing they are then presiding over.

Professor Ehrhardt brings over forty years of experience teaching evidence. This program

will provide insight into specific challenges of trial evidence, effective consideration of and

ruling upon evidentiary objections, and interpretation of specific evidentiary issues common

to evidence codes.

NAWCJ Lex and Verum Page 25

Monday, August 18, 2014, Continued

11:00 – 11:50 JUDICIAL ETHICS

Honorable Jennifer Hopens, Introduction of Speaker

Texas Department of Insurance, Division of Workers’ Compensation

Austin, Texas

Honorable Sheral Kellar

Louisiana Workforce Commission

Baton Rouge, Louisiana

Jeffrey C. Napolitano, Esq.

Juge, Napolitano, Guilbeau, Ruli & Frieman

Metarie, Louisiana

Codes of Judicial Conduct are familiar to all. These set forth very broad parameters to assure the appropriate conduct of adjudicators. Some states specifically apply their Code to workers’ compensation adjudicators. Other states have separate specific ethical requirements for their workers’ compensation adjudicators, and still other state utilize less specific standards of conduct. Chief Judge Kellar and attorney Napolitano bring a wealth of perspective from each side of the bench on how ethical concerns are perceived and addressed.

12:00 – 12:30 LUNCH

12:30 – 2:00 COMPARATIVE LAW PANEL

This panel discussion will bring perspective on how our statutes are different, and how they are similar. Dealing with statutory interpretation is part of our daily routine. Despite the diversity of our particular statutes, we share a multitude of concordant issues and challenges, which this program illuminates. Each year brings different states to the panel, and therefore different perspectives to the conversation. This program is consistently among the highest rated of the judiciary college.

Honorable Karl Aumann, Introduction of Moderator

Maryland Workers’ Compensation Commission Chair

Baltimore, Maryland

Honorable Scott Beck, Moderator South Carolina Workers’ Compensation Commission Columbia, South Carolina

Panel

Honorable Tom Stine

Nebraska Workers’ Compensation Court

Lincoln, Nebraska

Honorable Jane Williams

Kentucky Department of Workers’

Claims

Frankfort, Kentucky

Honorable Ingrid French New Jersey Department of Labor and Workforce Development Trenton, New Jersey

Honorable Lisa Klaeren Workers' Compensation Board of Magistrates Lansing, Michigan

NAWCJ Lex and Verum Page 26

Monday, August 18, 2014, Continued

2:00 – 5:00 NAWCJ NEW JUDGE PROGRAM

Back by popular demand, the NAWCJ presents education specifically for the new

adjudicator. Transitioning to the bench from private practice can involve various challenges.

The three hour “New Judge” program Monday afternoon is intended to foster frank

discussions in small groups. This series of discussions is intended for those who have been

on the bench for two years or less.

2:00 – 2:50 FROM ADVOCATE TO ADJUDICATOR Honorable Laura Roesch

Florida Office of Judges of Compensation Claims

Panama City, Florida

Honorable Edward Ramos-Almeyda

Florida Office of Judges of Compensation Claims

Miami, Florida

Honorable Margret Kerr

Florida Office of Judges of Compensation Claims

Miami, Florida

Honorable Mark Massey

Florida Office of Judges of Compensation Claims

Tampa, Florida

After grueling years in law school and practice, we all adapted to the role of advocate. We

learned to “think like a lawyer.” There are tools, tricks and practices that make one

successful as an advocate. With far less time to transition, a new adjudicator must learn to

think like a judge, and leave the role of advocate behind. This transition must be made in the

way one thinks, researches, and writes. There are also distinctions in the way we are involved

in cases. Issues that occupy attorneys for months or years periodically come to the workers’

compensation adjudicator, are processed and we move on. Join this panel for a lively and

interactive discussion of the challenges to a successful transition to the adjudicator role.

3:00 – 3:50 JUDICIAL INDEPENDENCE AND RELATING TO THE COMMUNITY AND BAR

Honorable Michael W. Alvey, NAWCJ President-Elect

Kentucky Workers’ Compensation Board

Frankfort, Kentucky

The various Codes of Judicial Conduct both encourage adjudicators to be involved in the

legal profession and constrain the ways in which we may be involved. Attorneys are involved

in a vast array of community and bar activities. When appointed to an adjudicator role,

adjustments may be necessary regarding the kinds of involvement within organizations and

the adjudicator will have to examine carefully which organizations may be inappropriate for

involvement.

NAWCJ Lex and Verum Page 27

Monday, August 18, 2014, Continued

4:00 - 4:50 TRANSITIONING TO THE BUREAUCRACY OF STATE GOVERNMENT

Honorable Elizabeth Gobeil

Georgia State Board of Workers' Compensation

Atlanta, Georgia

Honorable James Szablewicz

Virginia Workers’ Compensation Commission

Richmond, Virginia

The operation of state governments is confusing, sometimes illogical, and periodically

vexing. There are forms for this and forms for that, reporting requirements, financial

disclosures, bureaucracy, politics, and more. This panel will be a frank discussion regarding

the navigation through these challenges for the new adjudicator.

2:00 – 5:00 SAWCA REGULATOR ROUNDTABLE

For the more seasoned judges, Monday afternoon offers the opportunity for a doctorate level

exposure to comparative law in workers’ compensation. The Southern Association of

Workers’ Compensation Administrators (SAWCA) will present their 4th

Annual Regulator’s

Roundtable. Regulators and Administrators from across the country will discuss hot topics

challenging workers’ compensation systems. Attendees will hear perspectives, initiatives,

problems and solutions. Details on page *.

Tuesday, August 19, 2014

9:00 – 10:00 LIVE SURGERY

Orlando Orthopedic Center is proud to present the “Orthopedic Workers’ Compensation Live

Surgery Event.” Be our guest for one of the conference’s most highly anticipated events. The

Live Surgery event allows the audience to view and interact in “real time” with Orlando

Orthopedic Center physicians while they perform surgery live to the audience. This

educational event is aimed at providing an up close, personal perspective of some of the more

common and complex orthopedic workers’ compensation procedures. This event will surely

be a highlight of your conference experience. Come join hundreds of other workers’

compensation professionals who will be present to witness the high definition video stream

of some of today’s most advanced orthopedic surgical techniques. This year, Orlando

Orthopedic Center physicians will be performing two unique live surgeries, featuring:

Joseph D. Funk, D.P.M., is a Board Certified Podiatrist who specializes in Forefoot and

Reconstructive Rear foot/Ankle surgery. Dr. Funk will perform a workers’ compensation

related procedure on the ankle or foot.

Bryan L. Reuss, M.D., is a Board Certified Orthopedic Surgeon who is also Board Certified

in Sports Medicine and specializes in knee, shoulder and hip injuries. Dr. Reuss will be

performing a minimally invasive arthroscopic shoulder labrum repair.

NAWCJ Lex and Verum Page 28

Tuesday, August 19, 2014, Continued

10:00 – 11:50 JUDICIAL WRITING

Honorable Michael W. Alvey, Introduction of Speaker

Kentucky Workers’ Compensation Board Chair

Frankfort, Kentucky

Honorable Melanie G. May

Florida Fourth District Court of Appeal

West Palm Beach, FL

The ability to write well, with clarity, is critical in the legal profession. Judicial writing is

unique though. Adjudicator clarity is critical to the lawyers’ and parties’ clear understanding

of both the trial outcome and the reasons for it. Effective judicial writing is a service to the

parties, and facilitates an effective appellate review process. Judge May served eleven years

as a trial court judge and eleven years on the District Court of Appeal. She was a writing

instructor at the Nova Law Center, and has been an instructor at the National Judicial

College. She will bring her perspective on effective adjudicator writing to the NAWCJ in

2014.

12:00 – 1:00 LUNCH

1:00 – 2:50 MEDICAL DECISION MAKING IN GRADUAL ONSET, TRIVIAL TRAUMA AND

DISEASE CASES

Honorable Melodie Belcher, Introduction of Speaker

Georgia State Board of Workers' Compensation

Atlanta, Georgia

James McCluskey, M.D., MPH, PhD.

University of South Florida

Tampa, Florida

Causation and effective care can be a difficult subject in any case, but in exposure,

occupational disease, and trivial trauma cases the questions can be particularly vexing.

Beyond causation, there are determinations of impairment and disability that are also distinct

in these claims. Dr. McClusky will guide us through the medical process of addressing the

way medical conclusions are reached in these complex cases.

NAWCJ Lex and Verum Page 29

Scholarship opportunities available,

see page 42 of this issue!

Tuesday, August 19, 2014, Continued

3:00 – 3:50 MEDICAL PANEL – WHAT WOULD YOU DO

Honorable John J. Lazzara, Introduction of Panel

Florida Office of Judges of Compensation Claims

Tallahassee, Florida

Dean Brown, DC

Chiropractor Care Center

Tampa, Florida

Terry W. Kuhlwein, M.D.

The Mayo Clinic

Jacksonville, Florida

Nathan D. Zasler, M.D.

Concussion Care Center of Virginia

Richmond, Virginia

The human body is complex to say the least. Medicine has adapted to the complexity and the

ever-expanding knowledge we have of the body by evolving into increasingly specialized

practices. Time brings new developments, better diagnosis, advanced diagnostics, innovative

treatments, and more. This panel of practitioners will address a variety of hypothetical

conditions, and describe how each specialty would approach the appropriate diagnosis and

treatment. This is a comparative medical panel highlighting the old, the new and perhaps

foreshadowing the future.

4:00 – 5:00 JUDGES AS MEDIATORS

Honorable Jim Szablewicz, Introduction of Panel

Virginia Workers’ Compensation Commission

Richmond, Virginia

Honorable Bill Culbreth

Virginia Workers’ Compensation Commission

Richmond, Virginia

Honorable Deneise Lott

Mississippi Workers’ Compensation Commission

Jackson, Mississippi

Honorable Dwight Lovan

Kentucky Department of Workers’ Claims

Frankfort, Kentucky

Mediation is a relatively new process in some jurisdictions. There are those who claimed

mediation would “never work” in workers’ compensation. Despite this, the use of mediation

continues to spread. Alternative resolutions are popular among litigants, and benefit the

system by unburdening dockets. In many jurisdictions adjudicators are wearing two hats,

splitting their time between mediation and adjudication. This panel will address the

challenges of mediating for adjudicators, and the benefits that flow from the effort.

NAWCJ Lex and Verum Page 30

Wednesday, August 20, 2014

9:00 – 10:15 JUDICIAL ROLES

Honorable Ellen Lorenzen, Introduction of Speaker

Florida Office of Judges of Compensation Claims

Tampa, Florida

Roger Williams

Virginia Workers’ Compensation Commission

Richmond, Virginia

There are a multitude of workers’ compensation processes across the United States. They

have similarities and distinctions. As adjudicators, some of us are bound by Codes of Judicial

Conduct and evidentiary codes, others are not. Some systems are adversarial by nature and

others are less so. Some statutes imbue the adjudicator with an obligation to investigate, other

systems obligate the adjudicator to remain impartial. This panel discussion will focus on the

role do the adjudicator from various perspectives. Attendees will be challenged to discuss the

processes and challenges of their jurisdiction, providing illustrations of contrasts for all.

10:30 - 11:45 SOCIAL MEDIA ROUNDTABLE

David DePaolo

Workcompcentral.com

Camarillo, California

David Langham

Florida Office of Judges of Compensation Claims

Tallahassee, Florida

The age of the Internet has come, and perhaps gone. Social media is the hot topic of the day.

Social media presents adjudicators with personal challenges, such as when we may

appropriately use it. It also presents professional challenges as we hear more about the use of

social media in the trial setting. Evidentiary challenges, ethical challenges, and privacy

challenges may all present before us. As social medial evolves and grows, we will face new

and challenging situations as adjudicators. This discussion will provide an overview of what

is hot in social media professionally and personally.

NAWCJ Lex and Verum Page 31

Mark Your Calendar now

Judiciary College 2014!

August 17-20, 2014 – Orlando!

Wednesday, August 20, 2014, Alternative Programming

8:30 – 4:30 The Professional Mediation Institute

This is a full day program with a variety of nationally recognized speakers providing insight

into the challenges of mediation within the specific context of workers’ compensation and in

the broader context of mediation generally.

8:30 – 3:30 The Workers’ Compensation Institute Multistate Program Sponsored by the Workers' Compensation Defense Institute, this program provides insight

and edification about the inner workings of Alabama, Florida, Georgia, Kentucky, Louisiana,

Mississippi, North Carolina, South Carolina, Tennessee, Texas and Virginia. This program

features prominent attorneys and state administrators discussing the significant developments

and distinctions of their respective jurisdictions.

9:00 – 4:10 Medicare Secondary Payer Compliance: A Discussion on

National Issues and Solutions This program presents a masters degree level or information on the operations of the

Medicare system, its implications and influences regarding workers’ compensation claims,

their management, and settlement. A world-class faculty provides information, insight, and

advice.

9:00 – 12:30 The Center for Excellence - The Study of Medical Cost Drivers

In Workers’ Compensation National experts on the management of workers compensation claims present a variety of

topics related to the cost of the industry, and the market and human forces that drive costs.

NAWCJ Lex and Verum Page 32

NAWCJ Judiciary College 2014 Faculty

Honorable Michael Alvey

Chairman Michael W. Alvey received his Bachelor’s degree from Western

Kentucky University, and his J.D. from the University of Kentucky College of Law.

Admitted to the Kentucky Bar in 1988, Chairman Alvey practiced primarily defending

workers’ compensation, federal black lung and personal injury claims. On November

13, 2009 Chairman Alvey was appointed to serve as Chairman of the Kentucky

Workers’ Compensation Board effective January 5, 2010. Chair Alvey has served on

the board of directors of the National Association of Workers’ Compensation Judiciary,

Inc., and is the President-Elect.

Chairman Alvey retired from the Kentucky Army National Guard in 2000 where

he served nearly 21 years as an armor officer and is a graduate of the Armor Officer

Basic Course and Armor Office Advanced Course.

Chairman Alvey resides in Owensboro, Kentucky where he has been involved in various church and civic

activities as well as working with youth sports including both coaching and officiating.

Honorable Scott Beck

Commissioner Beck was appointed to the South Carolina Workers’ Compensation

Commission on June 30, 2008. In 2010, he was elected by the Commission as Interim

Chairman and in December 2012, Governor Haley nominated Commissioner Beck for

reappointment as Chairman.

He graduated with a BS degree from Penn State in 1981 and from the USC School of

Law in 1999. Prior to joining the Commission, he served in various positions in Law

Enforcement from 1979-1996 and most recently as an Assistant Attorney General from

2000-2008 prosecuting healthcare fraud cases. Commissioner Beck served as a city

councilman in North Augusta, South Carolina from 1993-1996, and was elected to the

South Carolina House of Representatives, serving from 1996-2000.

Chiropractor Dean Brown

Chiropractor Brown earned his undergraduate degree at the University of Florida, and his

chiropractic degree, Magna Cum Laude at Life University. He has practiced in Tampa

since 2002 and has performed over 80,000 successful spinal adjustments. He has

completed post doctoral courses in whiplash and brain traumatology, spine disorders, and

spinal rehabilitation. He is a member of the International Chiropractic Association,

American Chiropractic Association, Florida Chiropractic Association and Hillsborough

County Chiropractic Society.

Honorable Bill Culbreth

Bill Culbreth is a Deputy Commissioner and Administrative Law Judge for the Virginia

Workers’ Compensation Commission, serving the Shenandoah Valley. He teaches

Business Law I and II, Human Resource Management, and the MBA law course at

Eastern Mennonite University. Judge Culbreth earned a B.A. in anthropology from

Wake Forest University and a Juris Doctor from the T.C. Williams School of Law of the

University of Richmond.

NAWCJ Lex and Verum Page 33

David DePaolo

After practicing workers' compensation law for nearly 18 years, David DePaolo founded

and grew WorkCompCentral into the most respected news and education service in the

workers' compensation industry. He is a regular public speaker on workers'

compensation to industry trade shows, educational seminars, radio and television, and

has been quoted or cited in general media publications such as Fortune Magazine, the

LA Times and Wall Street Journal. He has been published in leading industry journals

and scholarly publications on topics ranging from the underlying financial issues that led

to an historic makeover of the California workers' compensation system, to the new

paradigm in work injury protection and national trends in the workers' compensation industry.

Professor Charles W. Ehrhardt

Author of Florida Evidence (West 2011), the leading treatise on the topic, and Florida

Trial Objections (West 4th ed. 2007), Professor Ehrhardt has been cited as an authority

by appellate courts more than 500 times. He taught Torts, Evidence, Trial Practice and

Trial Evidence Seminar, and was named Outstanding Professor seven times. After

serving as the Ladd Professor of Evidence for 35 years, he earned emeritus status in

2007. He continues to teach Evidence at the law school.

Professor Ehrhardt served as a commissioner to the National Conference of

Commissioners on Uniform State Laws from 1996-2005. He was a member of the

faculties of both the National Judicial College in Reno, Nevada, and the Federal

Judicial Center in Washington, D.C. He has been a visiting professor at University of

Georgia and Wake Forest. Professor Ehrhardt received the Selig I. Goldin Award from the Criminal Law

Section of The Florida Bar and the President's Award from the Florida Board of Trial Advocates. He clerked for

the Honorable M.D. Oosterhout of the U.S. Court of Appeals for the Eighth Circuit and joined Florida State

University College of Law's faculty in 1967.

For almost 20 years, he served as the university's representative to the NCAA and the ACC. In 2007, he was

inducted into the Florida State Sports Hall of Fame. Education: J.D., University of Iowa, 1964; B.S., Iowa State

University, 1962.

Honorable Ingrid French

Judge French graduated from Rowan University in Glassboro, New Jersey in 1976, and

the University of California, Hastings College of Law in San Francisco, California in

1984. In the years between earning her bachelor’s degree and her law degree, Judge

French earned a Paralegal Certificate from Upsala College in East Orange, New Jersey,

and a Graduate Certificate in Business Administration from Long Island University,

Brooklyn Center in New York. Judge French was an Adjunct Professor at Camden

County College in Blackwood, New Jersey for seven years prior to becoming a Judge.

She taught Sociology of Family and Social Problems.

As an attorney, Judge French represented injured workers, employers, insurance

carriers and a municipality; each in the context of their respective interests in workers’

compensation claims. The Honorable Ingrid L. French, J.W.C. practiced law in the workers’ compensation

courts throughout the State of New Jersey for more than 15 years prior to becoming a Judge. On March 20,

2008 she became the first African-American female Judge of Workers’ Compensation in New Jersey and only

the fifth African-American Judge of Workers’ Compensation in New Jersey since 1911.

As a Judge of Workers’ Compensation, she is responsible for insuring that all employers in New Jersey

comply with New Jersey’s Workers Compensation Statute. Each day, Judge French handles an average list of

70 claims. Workers Compensation courts do not have juries, and, as a result, Judge French is both a trier of fact

and the law. All settlements in workers’ compensation claims in New Jersey must be approved by the Judge of

NAWCJ Lex and Verum Page 34

Compensation. Trials in the workers’ compensations courts can take place over a myriad of issues; including,

but not limited to whether the injury occurred out of, and in the course of employment or the value of a

claimant’s injuries. All of Judge French’s decisions are final and must be appealed to the Appellate Division of

the State’s Judiciary Branch.

Honorable Elizabeth Gobeil

Elizabeth D. Gobeil is a Commissioner of Georgia’s State Board of Workers’

Compensation, serving as a Director of the agency and as a judge within the

Appellate Division. Prior to joining the Board, Elizabeth served as senior counsel to

two global pharmaceutical companies (UCB, Inc. and Solvay Pharmaceuticals,

which subsequently was acquired by Abbott). She also served as partner at the

Atlanta office of Thompson Hine LLP, a mid-sized national business law firm,

where she was part of the life sciences and corporate practice groups. Her legal

experience includes substantial regulatory and general counsel support across a range

of clients and disciplines.

Commissioner Gobeil has significant experience in policy and government affairs.

She served as an aide to the late U.S. Senator Paul Coverdell (including judicial, health care, and insurance

issues), and worked as a private sector government affairs professional, and as a staffer to the Federalist Society

of Law and Public Policy. This experience included development of policy, drafting legislation and Public

Comment, organizing grassroots activities, and lobbying. She received her B.A. in 1991 from Emory University

and her J.D. in 1995 from the University of Georgia School of Law.

Honorable Sheral Kellar

Sheral C. Kellar has served at the Louisiana Workforce Commission (formerly the

Louisiana Department of Labor) as a Workers’ Compensation Judge since 1991 and

as Workers’ Compensation Chief Judge since May 1999. Judge Kellar was appointed

co-chair of the Louisiana State Bar Association Access to Justice Committee and

served from June 2004 to June 2008. In June 2007 she received its President’s Award

for her many contributions to the Bar Association and her exceptional service as Co-

Chair of the Access to Justice Committee. She is a member of Baton Rouge Bar

Association, Louisiana Association of Administrative Law Judges, Louisiana State

Bar Association Medical Legal Inter-professional Committee and the National

Association of Workers’ Compensation Judges. In 2009 she was elected the

recording secretary for the Louisiana Center for Civil Justice, a state-wide call center

that facilitates the provision of pro-bono and low-fee civil legal assistance to Louisiana’s poorest citizens. Also,

in 2009 Judge Kellar was appointed Chair of the Access to Justice’s Gap Assessment Sub-Committee, where

she spearheaded an Economic Impact Study detailing the tremendous positive financial impact Louisiana’s

legal services programs have on the state economy. She is a former member of the American Bar Association,

the National Legal Aid & Defender Association, board member of the Louisiana Bar Foundation and at-large

member of the Louisiana State Bar Association Board of Governors having been appointed in 2002 to a three

year term. She is also a Court Appointed Special Advocate (CASA volunteer) and in June 2005 she was

selected the CASA-Baton Rouge volunteer of the month. Judge Kellar speaks frequently on issues of workers’

compensation and professionalism. She received her Bachelor of Science and Juris Doctorate degrees from

Louisiana State University.

NAWCJ Lex and Verum Page 35

Honorable Lisa Klaeren

Lisa A. Klaeren is a graduate of Western Michigan University and Thomas M.

Cooley Law School. She graduated cum laude from Cooley in September 1987,

and has been licensed to practice law in Michigan since that time. Ms. Klaeren has

worked in workers’ compensation her entire career. She began her legal career as

an Associate Attorney for Chambers Steiner, P.C. representing plaintiffs.

Thereafter, Ms. Klaeren worked for ten years as a Senior Staff Attorney for

Hartford Insurance representing defendants. She was appointed to the Board of

Magistrates by Governor Granholm in March 2008, and was appointed

Chairperson of the Board of Magistrates by Governor Snyder in July 2011,

responsible for the fifteen magistrates located throughout the State of Michigan.

In addition to her duties as Chairperson, Ms. Klaeren currently handles dockets in

Kalamazoo and Dimondale.

Terry W. Kuhlwein, M.D.

Dr. Kuhlwein is the Senior Associate Consultant for the Mayo Clinic, Department of

Family Medicine, in Jacksonville, Florida. He also serves on the faculty of the Mayo

Clinic College of Medicine. Dr. Kuhlwein is licensed in Florida and Ohio. He is

Board Certified in Family Medicine and a Diplomat of the National Board of Medical

Examiners. Dr. Kuhlwein has worked in occupational, emergency and family

medicine for the over two decades, as well as serving periodically as a paramedic. He

is a member of the Florida and American Academies of Family Physicians, and the

American College of Occupational and Environmental Medicine. He has lectured for

the Florida Association of Self-Insureds and other groups regarding challenges of

occupational medicine.

Honorable David Langham

David W. Langham is the Florida Deputy chief Judge of Compensation Claims. He

has practiced workers’ compensation his entire career, and was appointed Judge of

Compensation Claims in 2001 and Deputy Chief in 2006. He has delivered hundreds

of professional lectures on the law, predominantly on Constitutional Law, Business

Law and Workers’ Compensation. He has served as an instructor/adjunct at multiple

universities and colleges, has published numerous articles in professional journals and

newsletters, and publishes a biweekly blog on workers’ compensation. A founding

member of the National Association of Workers’ Compensation Judiciary (NAWCJ),

he has served on the NAWCJ Board since and is editor of the Lex and Verum. He

serves on the program committee of the Workers’ Compensation Institute, as Vice President of the Southern

Association of Workers’ Compensation Administrators (SAWCA), and as Chair of the Constitution and Bylaws

Committee of the International Association of Accident Boards and Commissions (IAIABC).

NAWCJ Lex and Verum Page 36

Hon. John Lazzara

Judge Lazzara was initially appointed Judge of Compensation Claims (JCC) for the Tampa District in 1990 by Governor Bob Martinez. In 1993 he requested reassignment to the Tallahassee District following the retirement of the late Judge Gus Fontaine. Since then he has been reappointed twice by Governors Lawton Chiles and Jeb Bush, and once by Governor Charlie Crist. In 1998 and 2002, Judge Lazzara was nominated for appointment to the First District Court of Appeal. In November 2005, Governor Bush was appointed him Interim Deputy Chief Judge, and served in that capacity until May 2006. Prior to his appointment to the tribunal, Judge Lazzara practiced law in Tampa for 23

years, and served as a Hearing Officer for the Hillsborough County Environmental Commission and the Property Appraisal Adjustment Board. He was also an Arbitrator with the Florida New Motor Vehicle Arbitration Board and the American Arbitration Association. Judge Lazzara has been a Certified Circuit Civil Mediator since 1989, when the Florida Supreme Court appointed him to its initial Special Committee for Mediation/Arbitration Rules. Judge Lazzara was President, Florida Conference of Judges of Compensation Claims (1997-99); Chair, The Florida Bar Workers’ Compensation Rules Committee (1994-95); and Chair, Division of Administrative Hearings’ Workers’ Compensation Rules of Procedure Revision Committee (2005-06). He was a member of the Florida Bar Appellate Court Rules Committee (2001-07) and chaired its Workers’ Compensation Practice Subcommittee (2002-03, 2005-07). He is a member of The Florida Bar’s Standing Committee on Professionalism, and chairs the Scholarship Committee of the North Florida Chapter of Friends of 440. In 2009, he was inducted as a Fellow of the College of Workers’ Compensation Lawyers, and is a founding Director and the Inaugural President of the National Association of Workers’ Compensation Judiciary (2008-10). Judge Lazzara received his B.A. and J.D. degrees from the University of Florida. In 1996, he completed studies at the IAIABC International Workers’ Compensation College at Arizona State University. He is a frequent lecturer on workers’ compensation trial, appellate and procedural topics, and has testified before committees of the Florida Legislature on workers’ compensation legislation. Judge Lazzara has co-authored chapters on “Workers’ Compensation Mediation” in the Florida Bar’s Alternative Dispute Resolution in Florida, Vol. II, 1995, and in the Florida Workers’ Compensation Practice, 4

th & 5

th Editions and Supplements.

Judge Lazzara’s current community involvement include sitting on the Boards of Directors of Literacy Volunteers of Leon County, Treasurer, and the Epilepsy Foundation of the Big Bend, Vice-President; and former elementary school mentor as part of Governor Bush’s Mentoring Initiative.

Honorable Deneise Turner Lott

Deneise Turner Lott has served as an Administrative Judge with the Mississippi

Workers’ Compensation Commission since November 1988. She is currently senior

judge and is the first woman to hold that position. She was engaged in private law

practice with an emphasis on disability claims before joining the Commission as a

staff attorney. She served the Commission as senior staff attorney before becoming an

Administrative Judge.

She graduated from the University of Mississippi cum laude with a B. A. degree in

English. She also received her law degree from the University of Mississippi School of

Law. She has served on several bar committees and has twice served as chair of the

Administrative Law and Workers’ Compensation Section of the Mississippi Bar. She

has also taught administrative law and workers’ compensation law as an adjunct professor at Mississippi

College School of Law. She regularly provides programs for continuing legal education credit on workers’

compensation topics.

Judge Lott co-chaired the Kids’ Chance Mediation Project which is designed to help fund the higher

education of children of seriously disabled or deceased workers and which is sponsored by the Workers’

Compensation Section of the Mississippi Bar. She has twenty hours of mediation training and over 1000 hours

of court-annexed settlement experience.

Honorable Dwight Lovan

Commissioner Dwight T. Lovan received his Bachelor’s degree from Baylor

University and J.D. from the University of Kentucky College of Law. Admitted to the

Kentucky Bar in 1977, Commissioner Lovan worked as a staff attorney for the

Kentucky Court of Appeals with responsibility for workers’ compensation appeals for

15 months. From 1979 to 1990 he practiced law in Owensboro, concentrating in the

areas of workers’ compensation and civil litigation.

In May of 1990, Commissioner Lovan was appointed Administrative Law Judge

and remained in that position until August of 1994 when he was named to the

Kentucky Workers’ Compensation Board. Between July 2000 and January 2004,

Commissioner Lovan served as Chairman of the Kentucky Workers’ Compensation

Board before returning to private practice in the firm of Jones, Walters, Turner and

Shelton. By executive order signed on February 7, 2008, Commissioner Lovan was appointed to serve as the

Commissioner of the Department of Workers’ Claims.

Honorable Melanie G. May

Judge May has served as Chief Judge of the Florida Fourth District Court of

Appeal since 2011, and has served on that Court since 2002. Before her appellate

tenure, she served as a trial judge on the 17th

Judicial Circuit Court for eleven

years. Her initial legal experience was clerking at the U.S. Eleventh Circuit Court

of Appeal, after which she practiced for nine years before taking the bench. Judge

May has served on an array of councils, boards, and committees. These include

the Access to Courts Committee, the Unauthorized Practice of Law Committee,

the National Association of Drug Court Professionals, and the Supreme Court

Steering Committee on Treatment-Based Drug Courts. Judge May has been

involved in leadership of many such committees. She was an instructor on Legal

Research and Writing at the Nova Law Center and an Instructor with the National

Judicial College.

James McCluskey, M.D., MPH, PhD.

Dr. James McCluskey is a Board Certified Occupational Medicine Physician and a

PhD-trained Toxicologist. He is the Director of the USF Occupational Health

Surveillance and Preventive Services Program, as well as the Medical Director of the

Center for Environmental/Occupational Risk Analysis and Management at the

University of South Florida, Tampa, Florida. In addition, he is an assistant professor

at the USF College of Medicine in the Department of Internal Medicine, and a

research assistant professor at the USF College of Public Health in the Department of

Environmental and Occupational Health. Dr. McCluskey completed an advanced

subspecialty residency in Occupational Medicine in which the program curriculum

and clinical experiences were extensively weighted towards the recognition and

evaluation of complex occupation-related diseases. In addition, he has a PhD in Toxicology and Risk

Assessment. Dr. McCluskey is actively involved with a research team investigating the human health effects of

chemical exposure(s). His publications include articles on chemical exposures and various pulmonary

conditions, as well as co-authorship of a chapter on occupational asthma. He is a frequent lecturer for public,

private and academic groups. His medical practice is focused on the evaluation of medical cases involving

environmental/occupational chemical, respiratory, infectious and allergen exposures.

NAWCJ Lex and Verum Page 38

Jeffrey C. Napolitano, Esq.

Jeffrey Napolitano is a partner in Juge, Napolitano, Guiilbeau, Rulio and Freeman Ruli in

Metarie, Louisiana. He earned his bachelor of science degree, cum laude, from Louisiana

State University in 1982 and his Juris Doctor from Loyola University in 1985. Mr.

Napolitano practices state and federal workers' compensation and employers' liability. He

has been a featured speaker for numerous seminars including the Defense Research

Institute (DRI), the New Orleans Bar Association and the Louisiana Association of

Business & Industry. Mr. Napolitano has served as the national worker's compensation

Chair for DRI.

Honorable Laura Roesch

Judge Roesch earned a Bachelor of Science degree, Cum Laude, from Radford University

in 1985 and her law degree from Indiana University School of Law in 1988. She practiced

was a partner in a small private law firm in Panama City. Her practice initially included

family and civil law until she limited her practice solely to workers' compensation,

claimant and defense. Upon the retirement of the Honorable C. Douglas Brown, Judge

Roesch was appointed to serve as Judge of Compensation Claims in Panama City by

Governor Bush in 2001. She was reappointed in 2005, 2009 and 2013. She is presently a

member of the Executive Committee of the Conference of Judges of Compensation

Claims, serving as its Secretary. She has served on numerous workers' compensation

panels at seminars and conferences concerning workers' compensation trial and

procedural topics and has volunteered as a moot court judge at the Earle Zehmer Workers' Compensation Moot

Court Competition in Orlando every year since 2001. Judge Roesch's community activity involves volunteering

with the Bay Conservancy project as well as the "Justice Teaching" program in the Fourteenth Judicial Circuit.

She has also served as a member of Florida's Workers' Compensation Oversight Board; the Bay County

Planning Commission; Bay County law library; Fourteenth Judicial Circuit's Grievance, First Saturday Legal

Clinic, Bench & Bar, and Pro Bono Committees; League of Women Voters; Bay County Ad Hoc Recycling

Committee; Bay County Teen Court, Inc.; Big Brothers/Big Sisters; Girl Scouts of America; Gulf Coast

Triathlon Committee; Bay County Extension Office Master Gardeners' program; St. Andrews Bay American

Inn of Court and Rotary Club of Panama City Beach literacy project.

Honorable Tom Stine

Judge Stine is a graduate of Wayne State College (BS, 1984) and the University of South

Dakota School of Law (JD, 1987). He practiced from 1987 through 2000, and then served

as Assistant Attorney General for eleven years. From 2005 through 2011, he served as the

Civil Litigation Bureau Chief at the Nebraska Department of Justice, Office of the

Attorney General. He is a member of Nebraska State Bar Association (since 1989),

serving on its House of Delegates and Leadership Academy Steering Committee. Judge

Stine also serves on the Board of Directors of the Lincoln Community Playhouse.

NAWCJ Lex and Verum Page 39

The NAWCJ Judiciary College is the largest and most comprehensive

gathering of workers’ compensation adjudicators in the United States.

Honorable James Szablewicz

Jim Szablewicz is the Chief Deputy Commissioner of the Virginia Workers’

Compensation Commission and has been in that position since April 2004. In this

capacity, he supervises the Judicial Division of the Commission, including the

functions of the Commission’s Clerk’s Office, six Regional Offices and all of the

Deputy Commissioners state-wide. Prior to becoming Chief Deputy Commissioner,

Jim served as a Deputy Commissioner for two years, and was engaged in the private

practice of law on Virginia’s Eastern Shore for eleven years, primarily representing

injured workers. Jim received his B.A. in Political Science from Yale University in

1984 and his J.D. from the University of Virginia School of Law in 1987.

Honorable David Torrey

David B. Torrey, a native of Alexandria, VA, has been a Workers’ Compensation

Judge with the Pennsylvania Department of Labor & Industry since 1993. He is

Adjunct Professor of Law, University of Pittsburgh School of Law (1996-present). He

is also the Editor of the Pennsylvania Bar Association Workers’ Compensation

Newsletter (1988-present). He received his A.B., 1982, from West Virginia University;

and his J.D., 1985, from Duquesne University School of Law. While in law school, he

was Editor-in-Chief of the Duquesne Law Review (Volume 23, 1984-85). In 2010 he

was elected to membership in the National Academy of Social Insurance. He is the

President of the National Association of Workers’ Compensation Judiciary; and a

Fellow of the College of Workers’ Compensation Lawyers, an American Bar

Association affiliate. In 2008, he published the Third Edition of his treatise, Torrey &

Greenberg, Pennsylvania Workers’ Compensation: Law & Practice (4 Volumes: Thomson-Reuters 3rd ed. 2008

& Supp. 2013). He also served in the U.S. Army (1976-1979), and in the West Virginia Army National Guard

(1979-1982). Judge Torrey has recently published "Master or Chancellor? The Workers' Compensation Judge

and Adjudicatory Power" in the Spring 2012 issue of the Journal of the National Association of Administrative

Law Judiciary.

Honorable Jane Williams

Jane Rice Williams is an Administrative Law Judge with the Kentucky Department of

Workers Claims. Judge Williams received her Bachelor of Arts from the University of

Kentucky and Juris Doctorate from Salmon P. Chase College of Law. She was

admitted to the practice of law in the Commonwealth of Kentucky in October of 1995

and is a member of the Kentucky and Laurel County Bar Associations.

Judge Williams is a native of Harlan, Kentucky. She was in private practice in

Lexington and then London from 1995 until July 2012 handling a variety of civil

matters with a concentration on workers’ compensation law representing both plaintiffs

and defendants. Judge Williams was appointed as an Administrative Law Judge and

has served in that position since July 15, 2012.

NAWCJ Lex and Verum Page 40

Scholarship opportunities available,

see page 42 of this issue!

Honorable Roger Williams

Roger L. Williams, with the Virginia Workers’ Compensation Commission in

Richmond, was appointed by the 2008 Virginia General Assembly and began his

position on May 1, 2008. Along with two other Commissioners, he oversees the

administration of the Commission’s processing of Virginia workers’ compensation

claims; they hear appeals from decisions of deputy commissioners; and they formulate

Commission policy. For twenty-eight years, Commissioner Williams was engaged in

the private practice of law almost exclusively in the area of insurance defense

litigation with emphasis on workers’ compensation. He represented employers and

insurers in thousands of cases before the Virginia Workers’ Compensation

Commission. Commissioner Williams taught AIC34, the Insurance Institute of

America’s Workers’ Compensation course for insurance adjusters, lectured on the law

of workers’ compensation at various programs presented by the Virginia Workers’ Compensation Commission

and Virginia CLE, and conducted workers’ compensation seminars for various insurance carriers and self-

insured groups. He is a member of the Virginia State Bar and licensed in all state and federal courts in Virginia.

Commissioner Williams earned his B.S. at Washington and Lee University and his J.D. at the University of

Richmond.

Nathan D. Zasler, MD, FAAPM&R, FAADEP, DAAPM, CBIST Dr. Zasler is an internationally respected physician specialist in acquired brain injury

(ABI) care and rehabilitation. He is CEO and Medical Director of the Concussion

Care Centre of Virginia, an outpatient neurorehabilitation practice, as well as Tree of

Life Services, Inc., a living assistance and transitional neurorehabilitation program for

persons with acquired brain injury in Richmond, Virginia.

He is board certified in Physical Medicine and Rehabilitation and fellowship trained

in brain injury. Dr. Zasler is an affiliate professor in the Department of Physical

Medicine and Rehabilitation at VCU in Richmond, Virginia, as well as associate

professor, adjunct, in the Department of Physical Medicine and Rehabilitation at the

University of Virginia, Charlottesville, Virginia where he also serves on the UVA

Brain Injury and Sports Concussion Institute Professional Advisory Board. Dr. Zasler is a fellow of the

American Academy of Disability Evaluating Physicians and a diplomate of the American Academy of Pain

Management.

Dr. Zasler has lectured and written extensively on neurorehabilitation issues related to acquired brain injury.

He has won numerous awards for his work in TBI research, clinical care, and advocacy. He was the NHIF’s

(now BIAA) first recipient of the “Young Investigator Award.” He was the recipient of the Sheldon Berrol

Clinical Services award from BIAA in 2011. He has also been, repeatedly, nationally recognized by “Best

Doctors” for practice excellence in brain injury medicine. Dr. Zasler is active in local, national and international

organizations dealing with acquired brain injury and neurodisability, serving in numerous consultant and board

member roles. He has edited six books including “Rehabilitation of Post-Concussive Disorders,” “Medical

Rehabilitation of Traumatic Brain Injury,” “Rehabilitation of Functional Disorders,” “Brain Injury Medicine:

Principles and Practice”, Editions 1 and 2, and “Clinical Manual for the Management of Adults with Traumatic

Brain Injury”. He currently serves as a reviewer for over 10 peer reviewed scientific journals. Dr. Zasler is chief

editor of the international scientific publications, “Brain Injury” and “NeuroRehabilitation”. He also serves as

associate editor of the IBIA’s “Neurotrauma Letter.” Dr. Zasler currently is serving his second term as the

chairperson of the International Brain Injury Association (IBIA).

NAWCJ Lex and Verum Page 41

NAWCJ JUDICIARY COLLEGE

2014 SCHOLARSHIP OFFER The National Association of Workers’ Compensation Judiciary is offering limited scholarship opportunities

to adjudicators attending the 2014 Judicial College in Orlando, Florida, August 18-20, 2014!

Scholarship may be awarded to any currently presiding workers’ compensation adjudicator, who is also a

member of NAWCJ. Scholarships may include hotel accommodations, waiver of the conference registration

fee and one-half of travel expenses to and from the college. No scholarship funds are available for meals,

although there are two lunches and two receptions with heavy appetizers included in the registration. The

evaluation of scholarship applications will include whether the agency for whom the applicant works will or

will not provide funding. Preference will be given to adjudicators who have not previously attended the college

and who are interested in becoming more actively involved in NAWCJ and helping recruit members and future

attendees at the college.

The scholarship program is made possible through a grant from the Workers’ Compensation Institute as well

as annual dues from associate members of NAWCJ who are attorneys and other individuals or companies

interested in supporting the education of members of the workers’ compensation judiciary.

Each interested adjudicator must complete an application for the scholarship and submit by e-mail to

NAWCJscholarship@gmail.com on or before June 15, 2014. The successful scholarship recipients will be

informed of their selection by June 30, 2014, and will be asked to make their travel arrangements soon after

selection to help minimize airfares.

College attendees will have an opportunity to meet members of the workers’ compensation judiciary from

around the country, as well as practitioners and industry leaders in the field. The judicial college is an excellent

opportunity to receive continuing education credit in a variety of areas including evidence, medical issues, and

other matters that routinely come before members of the workers’ compensation judiciary.

I encourage you to apply for a scholarship to the 2014 judicial conference and look forward to meeting you

when the college convenes in August.

Sincerely,

David Torrey, President

NAWCJ Lex and Verum Page 42

Application for Scholarship,

NAWCJ Judiciary College, August 18-20, 2014 Name: _____________________________________________________________________________

Address: _____________________________________________________________________________

E-mail: _____________________________________________________________________________

Phone #: _____________________________________Fax #:___________________________________

Agency Name and Address: _________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

NAWCJ member since ____________ (year)

Have you ever attended a NAWCJ Judicial College or WCI Annual Meeting and Conference? ___YES

___NO

If so, what year(s)? ________________ Did you receive a scholarship? __________

Have you participated on a NAWCJ panel or committee in the past or would you be willing to do so in the

future? ___YES ___NO

Explain how you would like to participate in the NAWCJ: __________________________________________

Will you receive any support from your employer to attend the college? (leave time, payment of expenses

beyond registration waiver and partial reimbursement of travel expenses): ___YES ___NO

If yes, explain support offered by employer:

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

Please estimate your travel expenses for attending the college: _______________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

NAWCJ Lex and Verum Page 43

Current adjudicatory position, dates held and brief description of duties: _______________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

Past experience in workers’ compensation law (may attach resume): __________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

Please attach a brief statement specifically describing how you believe attending the 2014 NAWCJ Judicial

College and FWCI Conference will benefit you in the performance of your job:

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

Would you be willing to write a brief article for the NAWCJ newsletter about the 2014 NAWCJ Judicial

College and FWCI Conference and its benefits? ___YES ___NO

NAWCJ Lex and Verum Page 44

The Southern Association of Workers’

CompensationAdministrators

2014 National Workers’

Compensation Regulators College The Southern Association of Workers’ Compensation Administrators (SAWCA) membership

includes 19 jurisdictions; 17 states, District of Colombia and the Virgin Islands. The States are:

Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi,

New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia and West

Virginia. The Southern Association of Workers' Compensation Administrators, Inc. (SAWCA)

was formed in 1949 and incorporated in 1980.

Regulation of Workers’ Compensation systems involves a variety of challenges. There are

complexities resulting from interrelationships among and between the various constituencies

that comprise this unique marketplace. Employer participation in workers’ compensation, their

use of primary and excess insurance products, self-insurance, and a variety of ancillary service

providers are all regulatory concerns. Rule-making, regulatory compliance, licensing and more

present challenges to the Regulator. The vast diversity of workers’ compensation can be a

particular challenge to new Regulators.

SAWCA addresses these challenges with the New Regulator College. Offered by SAWCA in

conjunction with the Workers’ Compensation Institute in Orlando, August 18-20, 2014. Look

for details in the April 2014 Lex and Verum.

NAWCJ Lex and Verum Page 45

2014 SAWCA National

Regulators Roundtable This year celebrates the 4

th Annual National Regulators Roundtable, sponsored by the Southern Association

of Workers’ Compensation Administrators (SAWCA). This session is designed to bring together regulators

from throughout the country to discuss challenges, concerns and issues facing individual jurisdictions in the

oversight of the ever-changing workers’ compensation industry. Problems facing one jurisdiction may have

already been successfully addressed by another. A developing issue of concern in one state may be an omen for

future developments in another and certainly, legislative issues know no boundaries. The National Regulators

Roundtable is a forum where regulators share lessons learned and seek timely answers to their most pressing

issues.

Topics to be discussed include: Emerging Medical Treatments; Employer Compliance; Adjudication of

Benefits; Managing the Legislative Environment; Advancing Technology; Increasing Economic Pressure, and

ending with an open forum providing the audience the opportunity to raise their own issues and concerns for the

regulators to address.

The 4th

Annual National Regulators Roundtable remains open to all WCI attendees representing a unique

opportunity for participants and audience alike. Be sure to join us as the regulatory leadership from across the

nation gathers in Orlando addressing those topics that shape our industry.

Gerald Stringer

Ombudsman

Workers' Compensation

Division, Department of

Labor

State of Alabama

Montgomery, AL

Honorable Karen McKinney

Commissioner

Arkansas Workers'

Compensation Commission

Little Rock, Arkansas

Tanner Holloman

Director

Division of Workers’

Compensation

Tallahassee, FL

Andrew Sabolic

Assistant Director

Division of Workers’

Compensation

Tallahassee, FL

Paul Tauriello

Director

Division of Workers'

Compensation

Denver, CO

Honorable David Langham

Deputy Chief Judge

Florida Office of Judges of

Compensation Claims

Pensacola, FL

Welcome:

Gary Davis

Secretary / Treasurer

SAWCA Lexington, KY

Moderator:

Honorable Melodie L. Belcher

SAWCA President

Administrative Law Judge

Georgia State Board of

Workers’ Compensation

Columbus, GA

NAWCJ Lex and Verum Page 46

Honorable Frank McKay

Chairman

Georgia State Board of

Workers’ Compensation

Atlanta, GA

Honorable RD Maynard

Commissioner

The Idaho Industrial

Commission

Boise, ID

Larry G. Karns

Director

Division of Workers

Compensation

Topeka, KS

Honorable Dwight T. Lovan

Commissioner

Department of Workers’

Claims

Frankfort, KY

Honorable Sheral Kellar

Chief Administrative Law

Judge Louisiana Office of

Workers' Compensation

Administration

Baton Rouge, LA

Honorable Paul H. Sighinolfi,

Executive Director/Chair

Workers' Compensation

Board

Augusta, ME

Honorable Karl Aumann

Chairman

Maryland Workers’

Compensation Commission

Baltimore, MD

Gary M. Cannon

Executive Director

South Carolina Workers’

Compensation Commission

Columbia, SC

Landon Lackey

Director of Benefit Review

Tennessee Department of

Labor & Workforce

Development

Nashville, TN

Honorable Rod Bordelon

Commissioner

Texas Division of Workers’

Compensation

Austin, TX

Honorable Roger Williams

SAWCA President-Elect

Commissioner

Virginia Workers’

Compensation Commission

Richmond, VA

Honorable David E. Threedy

Chair

Board of Industrial Insurance

Appeals

Olympia, WA

Honorable Frank E. Fennerty, Jr.

Labor Member

Board of Industrial Insurance

Appeals

Olympia, WA

Scott Curtis

Assistant Attorney General

Maryland Workers’

Compensation Commission

Baltimore, MD

Honorable Deneise Lott

Administrative Law Judge

Mississippi Workers’

Compensation Commission

Jackson, MS

Honorable Ingrid French

Judge

New Jersey Department of

Labor and Workforce

Development

Trenton, NJ

Honorable Andrew T. Heath

Chair

North Carolina Industrial

Commission

Raleigh, NC

Honorable David P. Reid

Judge, Oklahoma Workers'

Compensation Court of

Existing Claims

Oklahoma City, OK

Honorable Elizabeth Crum

Director of Adjudication

Pennsylvania Department of

Labor & Industry

Harrisburg, PA

NAWCJ Lex and Verum Page 47

Endnotes from How Huge, Page 14.

NAWCJ Lex and Verum Page 53

1 Gelman, Jon, Workers Compensation,

http://workers-

compensation.blogspot.com/2012/07/pat

h-to-federalization-national-

workers.html. 2 National Federation of Independent

Business et al. v. Sebelius, 648 F.3d 1235

(2012). 3 Terrorism Risk Insurance Program, The

Department of the Treasury,

http://www.treasury.gov/resource-

center/fin-mkts/Pages/program.aspx 4 Id.

5 United States Insurance Market Report

2014, Marsh Risk Management

Research, February 2014;

http://usa.marsh.com/Portals/9/Documen

tsSecure/IMR_US.pdf, at page 4. 6 Singletary v. Mangham Construction,

418 So.2d 1138 (Fla. 1st DCA, 1982). 7 Harger, Lloyd, Workers’ Compensation,

A Brief History; www.myfloridacfo.com;

Florida Department of Financial

Services, Division of Workers’

Compensation,

http://www.myfloridacfo.com/wc/history

.html. 8 Growing a Nation, The Story of

American Agriculture,

http://www.agclassroom.org/gan/timelin

e/farmers_land.htm. 9 Infra, Workers’ Compensation, A Brief

History; www.myfloridacfo.com. 10

Id.. 11

Economic History Association, EH.net;

http://eh.net/?s=workers+compensation. 12

Arizona, Colorado, Connecticut, Indiana,

Iowa, Kentucky, Louisiana, Maine,

Maryland, Michigan, Minnesota,

Montana, Nebraska, Nevada, New York,

Oklahoma, Oregon, Pennsylvania, Rhode

Island, Texas, Vermont, West Virginia,

and Wyoming. EH.net;

http://eh.net/?s=workers+compensation. 13

Alabama, Delaware, Georgia, Idaho,

Missouri, New Mexico, North Dakota,

South Dakota, Tennessee, Utah, and

Virginia. EH.net;

http://eh.net/?s=workers+compensation. 14

EH.net;

http://eh.net/?s=workers+compensation. 15

Jensen v. Southern Pacific Co., 215 N.Y.

514, 109 N.E. 600 (1915). 16

New York Central Railroad v. White, 243

U.S. 188, 37 S.Ct. 247, 61 L.Ed. 667

(1917).

36 United States Insurance Market

Report 2014, Marsh Risk

Management Research, February

2014;

http://usa.marsh.com/Portals/9/Docu

mentsSecure/IMR_US.pdf, at page 4. 37

Burke, Monte, How The National

Football League Can Reach $25

Billion In Annual Revenues, Forbes

SPORTSMONEY, 8/17/2013,

http://www.forbes.com/sites/montebu

rke/2013/08/17/how-the-national-

football-league-can-reach-25-billion-

in-annual-revenues/ 38

http://www.statisticbrain.com/nascar-

racing-statistics/. 39

NHL celebrates record annual

revenue, Stadia Magazine,

http://www.stadia-

magazine.com/news.php?NewsID=2

9700 40

2013 Workers’ Compensation

Annual Report, Florida Office of

Insurance Regulation, P.6. 41

Id. at 9. 42

United States Insurance Market

Report 2014, supra, at 16. 43

Ceniceros, Roberto, Oklahoma's

workers comp opt-out law will serve

as a prototype for other states,

http://www.businessinsurance.com/ar

ticle/20130811/NEWS08/308119994 44

According to the Construction

Industry Service Corporation,

California, Maine, Massachusetts,

Florida, Kentucky, Minnesota, New

York and Hawaii have such statutory

options. https://cisco.org/collec

tively-bargained/. Attorney William

Ecklund wrote on the subject in

2007, listed these same jurisdictions

as well as Pennsylvania and

Maryland, and explained the role of

the Taft-Hartley Act in carve-outs .

This is another illustration of Federal

law tangentially affecting workers’

compensation laws.

http://www.pinp.org/files/lmcc/CBC

W_Seminar.pdf. 45

http://www.nawcj.org/Images/

archives/Comparative_Law/NAWCJ.

carve.outs.finalconsolidated.pdf

46 Grover, Nancy, Compensation: Is

Opt-Out the Answer?

http://www.ncci.com/Documents/Iss

uesRpt-2013-Grover.pdf. 47

Singletary, supra.

17 Westphal v. City of St. Petersburg, 2013

WL 718653 (Fla. 1st DCA Feb. 28,

2013); Case No. 1D12-3563 (Fla. 1st

DCA, 2013); withdrawn by en banc

decision, Westphal v. City of St.

Petersburg, 38 FLW D2029 (Fla. 1st

DCA Sept. 23, 2013). 18

http://www.benefits.gov/benefits/benefit

-details/100;

http://www.dol.gov/owcp/dlhwc/lspm/ls

pm0-200.htm. 19

Id. 20

EH.net;

http://eh.net/?s=workers+compensation. 21

Largest Workers Comp Systems,

http://www.businessinsurance.com/apps

/pbcs.dll/gallery?Site=CB&Date=20130

919&Category=PHOTOS&ArtNo=919

009999&Ref=PH 22

Best’s Special Report, November 12,

2012.

http://www.ambest.com/directories/best

connect/USWorkersComp_SR_2012_1

71.pdf 23

Largest Workers Comp Systems, supra. 24

Id. 25

2013 Workers’ Compensation Annual

Report, Florida Office of Insurance

Regulation, P.5;

http://www.floir.com/siteDocuments/20

13WorkersCompensationAnnual%20Re

port.pdf 26

Largest Workers Comp Systems, supra. 27

Knoxville Injury Blog, Law Offices of

Famer and Dreiser,

http://farmerdreiser.wordpress.com/201

3/05/17/the-results-of-the-continued-

race-to-the-bottom-in-workers-

compensation-laws/ 28

United States Insurance Market Report

2014, at 16. 29

Id., at 37. 30

2013 Workers’ Compensation Annual

Report, Florida Office of Insurance

Regulation, P.12. 31

Comparative Advantage, Library of

Economics and Liberty,

http://www.econlib.org/library/Topics/

Details/comparativeadvantage.html. 32

Best’s Special Report, November 12,

2012.

http://www.ambest.com/directories/best

connect/USWorkersComp_SR_2012_1

71.pdf 33

Id. 34

Id. 35

Id., at 16.