Ed Talks 4.0
Redefining Risk Management
The fourth in a series of educational talks featuring Rochester thought leaders on risk management issues concerning employers.
Compliance with Communication Standards in the NYS WC Arena
Andrew J. Ryan, Esq.
Partner, Woods Oviatt Gilman, LLP
Rochester, NY
Mr. Ryan will provide guidance regarding the best practices to follow when communicating with claimants, attorneys and medical professionals to avoid any potentially fatal pitfalls.
Addressing Claims Involving the Heart and Strokes – co-presentation
Anthony Ragusa, MD Edward Nicosia, Esq.
Greater Rochester Internal Medicine Nicosia Law, PC
Rochester, NY Rochester, NY
Dr. Ragusa will discuss the risk factors associated with heart and stroke-related cases and provide an overview as to how these events may occur with specific examples.
Mr. Nicosia will provide the legal framework to address these cases and provide strategies for defending them before the NYS WCB.
Preparing a Defensible Loss of Wage Earning Capacity Evaluation
Paul Coleman, M.S., C.R.C., L.M.H.C., N.C.C
Coleman Associates
Buffalo, NY
Mr. Coleman will provide insight regarding the components needed to prepare and successfully defend an evidence-based Wage Earning Capacity Evaluation for the permanently partially disabled claimant before the WCB.
Addressing Cases Involving Consequential Psychological Injuries
Kathryn T. Vullo, PhD
Licensed Clinical Psychologist
Rochester, NY
Dr. Vullo will provide her perspective as a clinical specialist in pain management and behavioral medicine regarding the development of consequential conditions such as depression from chronic pain.
Shoulder Impingement and Consequential Shoulder Injuries
William A. Ciszewski, MD
Westside Orthopedic Group
Rochester, NY
Dr. Ciszewski, as an upper extremity specialist, will discuss the onset of shoulder injuries and how a consequential shoulder injury may develop.
MSA’s and Professional Administration (Recent Updates)
Craig Pawley, VP of Sales
Medivest
North Carolina

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ED Talks 3.0
Redefining Risk Management
The third in a series of educational talks featuring Rochester thought leaders on risk management issues concerning employers.
Lifting the Burden of Your Employee’s Shoulder Pain: Orthopedic Treatment Under the NYS WC Guidelines
Stephanie E. Siegrist, MD
Orthopedic Surgeon
Rochester, NY
Dr. Siegrist will provide commentary on the options available to treat the shoulder as set forth in the WCB’s Medical Treatment Guidelines.
Labor Market Attachment:
Revisiting the Matter of American Axle
Bennett Davis, CRC
Vocational Rehabilitation Counselor
WCB – Rochester, NY
Jennifer Geiger, M.S., C.R.C
Business Relations Rep.
ACCES-VR – Rochester, NY
Louis Lopez
Regional Bus. Serv. Rep.
NYS Dept. of Labor
Div. of Employment & Workforce Solutions
Batavia, NY
Viatta Tolbert-Carter
Career Ctr. Mgr.
Rochester Works!
Rochester, NY
The seminal WCB decision outlining the requirements for a sufficient labor market attachment is now 7 years old. Local vocational experts will provide an overview of how their agency may assist a workers’ compensation claimant’s rehabilitation efforts. The recent modification of this decision will also be discussed.
Legal Considerations When Conducting an Internal Investigation of a WC Claim:
An Employer’s Perspective.
Amy R. Cote’, Esq.
Ms. Cote’ will describe the steps that every employer should consider when investigating a WC claim including fact finding, communications, utilizing resources and accountable third parties.
Using a Structured Settlement to Fund a Medicare Set-Aside
Richard E. Naylon, Jr. CSSC – Designed Settlement Services, Inc. – Buffalo, NY
Craig Pawley, Regional Manager – Medivest Allocation Services – Los Angeles, CA
Mr. Naylon will explain the potential benefits of a structured settlement when settling a WC claim and calculating a set-aside involving a Medicare recipient.
Mr. Pawley will explain the review threshold to submit the proposed set-aside to Medicare and settlement strategies.
Family & Medical Leave: Employer Challenges in the Administration of FMLA & an Overview of NY’s New Paid Family Leave Law.
Tiffany Passmore, Director of Client Services
The Flanders Group
Rochester, NY
Ms. Passmore will describe the feature of New York’s new Paid Family Leave Law and FMLA leave, including how they can be coordinated with other types of leave.
ED Talks 2.0
Redefining Risk Management
The second in a series of educational talks featuring respected Rochester thought leaders on risk management issues concerning employers.
A Surgeon’s Perspective Regarding Spinal Fusions and the WCB’s Medical Treatment Guidelines
M. Gordon Whitbeck, Jr. M.D.
Orthopedic Spine Surgeon
Rochester, NY
Dr. Whitbeck will comment on the criteria set forth within the “MTGs” when a fusion is being considered as a treatment option for the workers’ compensation claimant.
Understanding the MMPI-II and Other Tests of Psychopathology in the Legal Setting
Rory P. Houghtalen, M.D.
Clinical Director, Evelyn Brandon Center
Rochester (NY) Regional Health System
In his capacity as both a treating and forensic psychiatrist, Dr. Houghtalen will explain how psychological testing can be used to measure a litigant’s effort, veracity of symptom reporting and identify any relevant personality traits.
Wearing the White Hat: A View From the Other Side of the Table
David P Losi, Esq.
Senior Partner, Losi & Gangi
Buffalo, NY
Mr. Losi will share insight gained from his 30 years of experience as an attorney representing injured workers before the New York State Workers’ Compensation Board.
Investigating the Accuracy and Legitimacy of Business Records and Tax Returns in the Legal Setting
Brian Lafountain, CPA, CFE, Partner
Tim Ball, CFE, Manager
The Bonadio Group
Rochester, NY
Drawing from their considerable experience with forensic accounting and fraud examination, Mr. Lafountain and Mr. Ball will identify the methods utilized to audit and corroborate the business and financial records associated with a litigant’s self-employment or family-owned business.
Legal Considerations When Hiring and Advancing People with Disabilities in the Workplace
Jacqueline Phipps Polito, Esq.
Shareholder, Littler Mendleson PC
Rochester, NY
Ms. Phipps Polito will provide an overview of the potential legal implications that employers should consider when hiring and promoting a workers compensation claimant or another applicant with a disability.
Living in the Future—Loss of Wage Earning Capacity, a Legal and Actuarial Commentary
Ed Nicosia, Esq.
Nicosia Law, PC
Rochester, NY
Steven G. McKinnon, FCAS, MAAA, FCA
Principal, Oliver Wyman Consulting Actuaries
Melville, NY
Mr. Nicosia will discuss the current status of “LWEC” and the legal aftermath in its ninth year. Mr. McKinnon will address whether the anticipated cost savings associated with “LWEC” have come to fruition.
ED Talks 1.0
Different Viewpoints on Workers’ Compensation
The first in a new series of talks on Workers’ Compensation Law 2015 and its practical implications, presented by Nicosia Law, P.C.
A Treating Physician’s Perspective Regarding the WCB’s New York Non-Acute Pain Medical Treatment Guidelines
John D. Markman, M.D.
Pain Management Specialist
University of Rochester Medical Center
Dr. Markman will focus on how the WCB has attempted to address a WC claimant’s continued use of prescription medications.
Identifying Work-Related PTSD and Stress
Kimberly D. Kalish, Ph.D.
Clinical Psychologist
Dr. Kalish will review the diagnostic criteria required to make these diagnoses and the ways to successfully treat them.
The Link Between Employee Wellness and Injury Prevention
Tiffany Passmore, M.S.
Manager, Leave Administration & Wellness
Rochester Regional Health System
Ms. Passmore will discuss the connection between employee wellness, employee safety and the reduction of WC costs.
Understanding ACCES-VR And Its Successful Employment Strategies for the Workers’ Compensation Claimant
Jennifer Geiger, M.S.
Vocational Rehabilitation Counselor
NYS Department of Education
Ms. Geiger will describe the services
available to help rehabilitate a WC claimant and the process associated with it.
How to Avoid a Lawsuit Involving the Workers’ Compensation Claimant
Nelson Thomas, Esq.
Partner
Thomas & Solomon LLP
Mr. Thomas represents employees in all aspects of employment litigation. He will identify the employment-related legal implications which may arise from a WC claim beyond the WCB hearing process.
Treating Dental Injuries, Work-Related and Non Work-Related
Nicholas E. Nicosia, D.D.S.
Nicosia Dental
Dr. Nicosia will discuss the more common injuries that could arise from a traumatic event at work. He will provide a before and after case study of one of his own patients who had a WC claim.