Workers Compensation Section Executive Council Meeting

Workers’ Compensation Section Executive Council Meeting

Orlando, FL

August 20, 2013

2:00 p.m. EST

I. Presiding: Christopher Smith, Chair

A. Welcome-Dawn Traverson, Past Chair

1. Welcome guests

·  Matt Carrillo-at large candidate

·  Judge Langham

2. Awards

·  Jeff Appel for exemplary service to News & 440

·  Chris Petrucelli for exemplary service as CLE Committee chair

·  Martin Liebowitz for exemplary service as technology chair

·  Allison Hunnicutt for exemplary service as Forum chair

3. Gavel passed to Chris Smith as new Chair of the section

B. Attendees:

Dawn Traverso Paolo Longo

Christopher Smith Bill Rogner

Joanne Prescott Richard Thompson

Alan Kalinoski Mark Touby

Jeffrey Jacobs Glen Wieland

Philip Augustine Timothy Dunbrack

Herb Langston Leo Garcia

Richard Chait Martin Liebowitz

Allison Hunnicutt Alison Schefer

Paul Anderson Brian Carter

Richard Berman Robert Grace

Neal Falk Brian Sutter

Michael Rudolph Al Frierson

Robert Strunin Dennis Smejkal

Bill Berke Lorna E. Brown-Burton

Mike Winer Rick Morales

Chris Petrucelli Mark Zientz

Richard Sicking Geoff Bichler

Glen Wieland Leo Gomez

Leo Garcia

Willie Mae Shepherd

Fausto Gomez

Judge Langham

Jeffrey Appel

Al Frierson

Dennis Smejkal

II. Approval of minutes of May 13, 2013 meeting as amended to include that Rick Morales appeared by phone at the meeting.

III. Treasurer: Alan Kalinoski

·  $57,011 revenue budgeted but already collected $87,225, so we are already well ahead.

·  $75,480 expenses budgeted, spent $79,239…5% over budget

·  Fund balance, budget $61,489, actual $76,676

·  Treasurer’s report approved

IV. Committee Reports

A. CLE-Chris Petrucelli, Chair

·  Sign up for Learn at Lunch program, classes set up for October through June, participation strongly encouraged

·  Also think about doing live seminars in addition to Learn at Lunch programs

·  Chris Smith talked about expanding some of the committees so that every committee has at least a chair and co-chair and a plaintiff and defense balance

·  Dawn Traverso-Vail, Marriott in Lions Head, 2/23/14-2/27/14, slate of speakers already set, including 2 judges

B. Legislative Committee-Paul Anderson, Chair; Fausto Gomez, Section Lobbyist

·  There are substantive changes planned, including those by the CFO office. Possibly about medical reimbursements; Westphal issue; proposed 1% rate increase. Due to change in leadership, there may not be much tort reform in the future so there may be change pushed now.

·  Paul asked for “hands on deck” to assist if there are substantive changes

·  Rick Thompson suggested that the focus is on hospital reimbursements because it is $.70 of every $1.00 we spend. He does not think the focus will be on decreasing injured workers’ benefits or attorney’s fees.

·  Fausto Gomez said CFO’s proposals for substantive changes…440.107 employer compliance; change to the max comp rate of 66 2/3. Office of Insurance Regulation is supposed to recommend changes to the 3 member panel and facilities reimbursement.

C. New & 440 Report—Jeff Appel, Chair

·  Chris Smith would like to add people to this committee

D. Appellate Issues Committee—Bill Rogner, Chair

·  Court has committed to hold oral argument day before January Exec meeting (1/24), along with a dinner that night. Richard Chait to coordinate the dinner.

·  Randy Porcher contacted him to ask about type of cases that could be argued here.

·  Westphal- last brief filed on 5/16; opinion could come out any day

·  Curry-challenged constitutionality of virtually certain standard. 5th DCA

·  Castellanos-oral argument 9/18

·  Tammy Davis-Zientz challenging limit of psych TTD benefit

·  Chris Smith suggested Mike Winer, Brian Sutter and Jeff Appel to serve on committee as well.

E. Membership Committee—Paolo Longo and Tim Dunbrack, Co-chairs

·  Had a table at convention

·  May focus on out of state members and will have a table at the DRI Convention

·  Dawn Traverso has been contacted by Judge Lazzara regarding practicioners that are adjunct professors at law schools teaching workers’ compensation. Judge Lazzara suggested having the section sponsor a Book Award at each school. Then we can encourage student membership and get some good will. Dawn estimates it will cost the section $1,300 per year. Paul Anderson suggested having firms underwrite the cost even more. Richard Chait suggested having a member of Exec Council go to talk to the classes. Mark Touby suggested to give the Book Award winner a free one year membership to the section. Alan Kalinoski noted that we will need to modify the budget to accommodate the cost.

·  Florida State, Nova, Stetson, Florida Coastal, Barry

·  Chris Smith moved to have the section approve $1,400 of the cost to sponsor a book award for a workers’ compensation class at each of the 7 schools and give the winners a one year membership and to make a line item change to the budget this year. Motion approved.

·  Jeff Appel suggested sending out an email blast to remind section that paralegals can become adjunct members. We will need to make this more clear and amend the bylaws.

·  Issue as to affiliate membership will be tabled. Tim Dunbrack and Mark Liebowitz were appointed to subcommittee to investigate expansion of affiliate membership.

·  Judges suggested that if we waived a membership fee that they would all join section. Issue is whether we are allowed to waive the fee. Bill Rogner appointed to subcommittee to investigate.

G. Judge Langham spoke about a new child support approval process on line. DOR and County court info. All counties will be checked state-wide. We will be given aggregate amount. If there are multiple cases, once settlement is reached, then send in an amended request to ask for the cases to be broken down.

·  The cases will be searched by the available information, even if social security number is not available.

·  Will not need to provide the documents, but should still should note on the motion the date that the child support info was uploaded to DOAH.

H. Forum Committee—Allison Hunnicutt, Chair

·  Great success.

·  Section will make $27,407.04 profit.

·  Leo Garcia is now co-chair.

·  Contract with WCCP ends this year. A-team suggested we renew the contract through 2015.

·  Contract with the Omni runs through 2015. WCCP will investigate Rosen Shingle Creek and the Omni for the future.

·  We received 45% and WCCP receives 55% of profit

·  Future dates are 4/10/14-4/11/14 and 4/9/15-4/10/15

·  It has been reiterated that only sponsoring law firms will receive the list of attendees.

·  There is one law firm that did not pay for sponsorship but had received the benefit of sponsorship. They were approached about retroactively paying for the sponsorship, but that money will not be collected.

·  Allison Hunnicutt made a motion to have contract with WCCP renewed through 2015. Motion approved.

I. Rules Committee-Philip Augustine and Rick Morales-Co-Chairs

·  Smith attended Rules Advisor Committee meeting yesterday. It was discussed the rules would be evaluated every 2 years to see if changes need to be made.

o  Suggested that all three should have say Exec Council, FWA and rules advisory committee.

o  Fix to Longly decision? SOL not running if fees are not resolved

·  Rick Morales talked about photo copy charge being $1.00/page, but this will need to be done through the legislature

J. Judiciary Committee—Leo Garcia

·  Judicial Luncheon was attended by 21 judges.

·  Martin Liebowitz suggested that the Executive Council and section meet at the Forum as opposed to the comp convention, along with the judicial luncheon. This may require moving the retreat to September.

·  Issue is tabled.

K. Board Certification—Phil Augustine

·  10 of 11 who signed up actually set for test; 4 people passed. Next test is next May.

·  Brian Carter questioned whether the application can be shortened. Lorna Brown-Burton will raise the issue as the Bar is going through an evaluation of certification process.

L. Technology—Martin Leibowitz

·  Website is up and running. Martin asked for suggestions. He reminded us that there is a way to advertise on the website. This would provide additional revenue.

·  Mike Rudolph would like to have a career center to post resumes and advertise jobs. The Florida Bar will have a link on our website so that we can go directly to the Bar site career center.

·  Chris Smith appointed a subcommittee to address advertising.

·  Mike Rudolph moved to create a link from the section website to the Bar website career center.

V. Chair’s Report: Christopher Smith, Chair

A. Smith noted that his email will constitute

B. Smith is a proponent for:

·  Central location electronically for case-related documents; electronic funds transfers; electronic medical records and direct contact with providers’ offices.

·  Following nation workers’ compensation trends. Rick Thompson is going to assist.

·  Expansion of legislative positions to add three topics:

o  Freedom of both sides to freely contract.

o  Appoint rate making committee to study competitive rate making or transparency in how rates are calculated. Thompson and Berman to co-chair.

o  Production of medical records at the actual cost to the provider and not at an inflated rate.

·  He will reassign committees after vote today.

·  Discussion that our already established legislative positions are already all-encompassing to meet the above-stated goals.

VI. Chair-Elect’s Report: Bill Rogner, Chair Elect

VII. Unfinished Business

VIII. New Business:

A. Chris Smith moved to reappoint Fausto Gomez’s contract and appoved.

B. There were no excused absences.

C. Rick Thompson talked about investigating judge’s survey

D. Executive Council unanimously nominated Mike Winer to serve as Chair-Elect after Bill Rogner.

E. Motion to maintain Alan Kalinoski as treasurer and Joanne Prescott as secretary. Motion approved.

IX. Future Meetings:

A. January 23-24, 2014, Miami

B. February 23-27, 2014 in Vail

C. May, 2014 probably in New York

Meeting was adjourned at 4:13 pm.