By the end of this session participants will be able to…

•         Understand what information is privileged, and what is discoverable within a claims file by subpoena from an opposing party in a workers' comp or civil/employment matter.

•         Participants will be able to develop materials from claims file contents. Claims file should have all necessary appropriate information, but not confidential, but non-privileged information subject to subpoena.

Attorney, risk manager, and claims managers will discuss information in a claims file. Participants will be informed as to what is privileged, and what is discoverable by opposing counsel. Claims people will be advised how to describe events in a neutral, objective manner without exposing the employer to potential civil liability. Other documents in the claims file, including medical information, personnel file, and other documents from the employer will also be considered with regard to their confidentiality. We will discuss whether information should remain in a claims file, or be returned to the employer, or forwarded to an attorney.

 

Janet Selby, Workers' Compensation Manager, Municipal Pooling Authority (MPA)

Lynn Cavalcanti, Acclamation Insurance Management Services (AIMS)

Robert B. Hunter II, Attorney at Law, Snyder & Hunter

Shari Deutsch, ARM-P, Safety & Risk Administrator, Central Contra Costa Sanitary District

Anne E. Hernandez, Attorney at Law, Managing Partner, Senior Administrative Partner, Mullen & Filippi, LLP

 

 

By the end of this session participants will be able to…

•         Identify high risk areas of exposure to liability in law enforcement and corrections.

•         Learn about current state of the law and trends in litigation in law enforcement.

•         Understand how to minimize risk through training and awareness of civil liability.

 

The session will discuss recent case law (state and federal) dealing with liability in both law enforcement and corrections. Specifically, high risk areas for potential liability will be covered: use of force (Taser, Less-Lethal, etc.), laws of arrest, detentions, etc. This will identify what the trends are in California with respect to law enforcement litigation. Identification of these high risk areas will hopefully minimize risk through training and awareness of the potential for civil liability.

 

James J. Arendt, Weakley, Arendt & McGuire

Richard Desmond, California Highway Patrol

 

 

By the end of this session participants will be able to…

•         Develop and evaluate corrective actions after a claim or incident

•         Design and implement action plans that truly mitigate the risk and prevent recurrence

 

Are you tired of "pious gush" in the aftermath of a claim or incident that pretends to mitigate the risk but actually does nothing to change the underlying root cause(s)?  Handwringing and speeches don't mitigate root causes of loss.

Participants will learn:

1. techniques to develop corrective actions after a loss that fit

their organizational culture

2. how to bring lasting positive change to prevent recurrence

3. to use provided templates and apply appropriate techniques to third

party losses

4. what a public entity can do to develop, implement, and measure the

effectiveness of corrective action plans.

A small group breakout session gives participants a chance to use templates and techniques provided to:

• assess real claims

• propose and evaluate corrective actions, and in the process

• help their public entity improve its longer term risk.

(Electronic handouts and templates are downloadable from the PARMA website)

 

Larry Bailey, ARM, CSP, Executive Director, Water & Sewer Risk Management Pool

 

 

•         Participants will leave the session with an understanding on how using one's good leadership practices in  marketing  and promoting robust safety/loss control programs to an organization's stakeholders can result in the mitigation of the worker's compensation and general liability loss exposure. This, all the while providing for a valuable negotiation point in the insurance marketplace with an added benefit of likely improving an organization's morale.

 

The session will be broken down into 3 segments. The first will discuss what is meant by "good leadership practices". The second segment will discuss "marketing" strategies.  The third and final portion will cover the various positive outcomes one can expect to see from good leadership and a successful "marketing campaign". This will be in a "lecture" form, however we will invite audience participation, i.e. Q&A. A PowerPoint is likely and to help stay green, we will not do handouts.

 

Michael Alio, Risk Manager, City of Long Beach

Zachary Gifford, Associate Director, Systemwide Risk Management & Public Safety, The California State University - Office of the Chancellor

 

 

By the end of this session participants will be able to…

•         Close the gaps in their recreational activities protection through recreational releases in order to protect their entities from liability.

 

 

Robert R. Heft, Partner, Daley & Heft

Lee H. Roistacher, Partner, Daley & Heft

 

By the end of this session participants will be able to…

•         Understand how the preparation and receipt of the same actuary report can affect three different roles in the risk management community. It will provide useful information for the Risk Manager/JPA on why an actuary report is important for their entity or program, provide insight on the role of the TPA and how their reserving practices could dramatically affect the outcome and financial stability of the entity or program, and provide some behind-the-scenes work that takes place when an actuary report has been requested (each panelist providing insight from their perspective).

 

Overall, this panel discussion (Actuary, Risk Manager/JPA Administrator & TPA Representative - C.O.O. or VP Level) will provide a three-point view of how one actuary report will affect three different life's. Actuary - why an actuary report is important, what information is needed, and the role that the Risk Manager/JPA and the TPA play when an actuary report has been requested. Risk Manager/JPA - why a public entity would request an actuary report and put themselves through this misery! Kidding aside, what financial impact the actuary report can have on their program, when it should be requested, and what should be done with the report after it has been completed. TPA representative - what the TPA should do in preparation for an actuary report, how the TPA's reserving practices/philosophy will affect the actuary report, and what the TPA should do after the actuary report is received. Overall, each person who attends this presentation should take away that while each entity has a different role for the actuary report process, it is vitally important that they work as a team on an ongoing basis for an accurate and stable self-insured program.

Mujtaba Datoo, ACAS, MAAA, FCA, Consulting Actuary, ARM Tech/Aon Global Risk

Consulting

Linda Slaughter, ARM, Chief Operations Officer, Athens Administrators

Paula Tanguay, Chief Executive Officer, Alliance of Schools for Cooperative Insurance Programs (ASCIP)