Workers Comp Matters

Exploding Glue and Mermaid Dresses: When Workers’ Comp Gets Weird

Tue, 28 Apr 2026 11:00:00 -0000

It’s never funny when a worker is injured on the job, but some cases do raise eyebrows. In their annual look into some “unusual” Workers’ Comp cases, Jud and Alan uncover some incidents that challenged the system, some by just being so weird.

Where did my ladder go? A worker on a rooftop was stuck when others removed the ladder and left the job. Desperate to get down, he jumped, suffering back and foot injuries. Is the worker to be blamed for intentionally jumping, or was he left with no choice?

The falling clipboard case. From the Supreme Court of Idaho, a helicopter pilot died in a crash when a passenger dropped a clipboard that struck the tail rotor and damaged it. Who’s liable? What’s an accident, and where does civil liability intersect with Workers’ Comp?

A tryst in France, during a work trip, and the ensuing heart attack? Squeezing an oversized customer into a tiny mermaid-style wedding dress? Messing around with a flammable can of tire glue (at work)? Just as workers do unusual things, the courts also rule in unexpected ways. We can all learn from cases like these.

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com.

Mentioned in This Episode:

Thomas A. Robinson, WorkCompWriter.com

“Krinitt v. Dept of Fish and Game,” Justia.com

“The Surprisingly Broad Scope Definition of Workplace Accidents in France,” Proskauer

“Lea v. David Bridal of Greensboro, Inc. (2019)” Findlaw

“Zerofski's Case,” Massachusetts, 1982

“Employee Loses Testicle to Boss's Golf Swing: Court Affirms Boss's Liability,” FindLaw

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Leveraging Tech and AI (With a Compassion) in Workers’ Comp Management

Tue, 17 Mar 2026 11:00:00 -0000

With the rise of artificial intelligence, it makes sense to think about the use of AI analytics in Workers’ Compensation case outcome management. What types of tools lead to efficient claim management, including shorter claim durations and better outcomes?

Guest Ryan Murphy has spent his career understanding and developing case management systems. As vice president of product at the third-party Workers’ Comp benefits administrator CorVel Corporation, he works with clients and analyzes and develops solutions that remove friction and deliver successful resolutions for clients and work.

We’ve come a long way from the days of “snail mail” and faxes. Today’s tech allows case management specialists to incorporate operational efficiency technology and help workers and employers resolve cases and get injured workers back to their lives.

But as Murphy explains, tech isn’t a replacement for human communication and compassion, it’s a partnership. Data analysis, data aggregation, and claim summarization can help human case managers reach better conclusions faster. Every industry is being transformed by emerging technologies, Workers’ Comp is no exception. Be a part of the future today.

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com.

Mentioned in This Episode:

Previous episode of Workers’ Comp Matters, “A New Approach to Workers’ Comp: Being Nice?” with Claire Muselman

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The “Magellans” Navigating Workers’ Comp Care: Nursing Case Managers

Tue, 10 Feb 2026 12:00:00 -0000

Recovering from a workplace injury takes time, patience, and in many instances, professional case management. Guests Cindy Bourbeau and Annie Barach with Massachusetts-based Medical and Life Care Consulting Services explain how nursing case management professionals help injured workers through recovery and the Workers’ Compensation program.

Misconception that they are “spies” for insurers in claims cases. In reality, medical case management professionals help patients understand and work through Workers’ Comp, advocating for them and helping insurance companies understand necessary care to ensure a full recovery.

Licensed case managers help with medical evaluations programs of care that help injured workers return to their jobs and get on with their lives. At times, our guests explain, there are complications in the system that are akin to “untangling a web.”

Hear how professional case managers help coordinate care, medicines, logistical concerns, insurance, treatment approvals, and therapy, helping patients maximize recovery and return to the best lives they can.

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com.

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Workplace Mental Health: Employee/Employer Perspectives Can Differ.

Tue, 27 Jan 2026 12:00:00 -0000

Mental health plays a big role in workplace efficiency and safety, but it seems employers and employees view the topic differently. Guest Joseph Toppe, a longtime journalist and managing editor of the insurance news website PropertyCasualty360.com shares an interesting study from Pie Insurance.

In recent years, employee mental health has become a more prominent issue. You don’t see the physical injury, but the injury may be there just the same. Where do employers see the risks of mental health, and how does that compare to workers’ needs? Employers and employees don’t agree.

There’s a disconnect over workplace mental health that needs to be addressed. There needs to be a discussion. You can’t see a mental health injury the way you see a physical injury, but those injuries are real. And the evolution of AI and automation is only adding to the employee stress.

In small businesses, especially, claims for mental health injuries are on the rise. Do you understand this new frontier? Workers’ Comp doesn’t end with “slips, trips, and falls.”

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com.

Resources:

Articles by Joe Toppe

“Most U.S. Employers Say Mental Health Issues Contribute to Worker Absences,” by Joe Toppe

“New Report From Pie Insurance: Small Businesses Safety Priorities Shifting as Employee Needs Evolve, Survey Show” Pie Insurance

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“Many ills may strike, but one must answer.” Medical Causation Standards in Workers' Compensation Claims

Tue, 25 Nov 2025 12:00:00 -0000

Causation and Workers’ Compensation? It’s complicated, and it varies by state. The concept is that to qualify for Workers’ Comp there must be a direct link between the injury (or illness) and the workplace. But how do you prove what’s a direct result of the workplace and what was the result of a prior injury or condition?

Here’s where it gets confusing. Every state has its own rules. There are varying degrees of required proof, pre-existing conditions, mental trauma, contributing causes, and it can be a challenge to sift through each jurisdiction’s standards.

Hosts Judson and Alan Pierce dissect how pre-existing conditions complicate work-related injury claims. It’s not always as clear as it seems, and state-by-state regulations create even more confusion. Add in workplace psychological stresses and it goes even deeper.

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com.

Mentioned in This Episode:

“AMA Guides® to the Evaluation of Permanent Impairment: An Overview”

“AMA Guides to Disease and Injury Causation,” by J. Mark Melhorn

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Workers’ Comp, Politics, and the Economy: A Concerning Mix

Tue, 21 Oct 2025 11:00:00 -0000

It’s not you, the Workers’ Compensation system has changed over time, and not always for the best. Guest Christopher Godfrey, with a long career in Workers’ Comp, including his current role as research director at the Workers' Injury Law & Advocacy Group (WILAG) and a lengthy stint running the office of Compensation Programs at the U.S. Department of Labor, offers some insights.

Where a non-adversarial atmosphere used to prevail within Workers’ Comp, Godfrey worries it has been driven toward a confrontational system with a struggle for unilateral control. That isn’t how a program aimed at making injured workers whole and getting them back to work started out.

Also concerning Godfrey is a lack of funding for the Federal Employees’ Compensation Program, making it difficult for injured federal workers to even find a doctor willing to accept them as patients.

In both state and federal systems, Workers’ Comp is being buffeted by politics. Godfrey notes the government shutdown, a slowing employment environment, and even the potential for a stock market bubble threaten the system. Economics and politics can build hurdles that trickle down to how insurance companies and Workers’ Comp plans operate. Godfrey shares his personal concerns and describes what WILAG is doing today to protect the rights of injured workers.

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com.

Mentioned in This Episode:

Previously on Workers’ Comp Matters, guest Kenneth Feinberg, “’A Patriotic Obligation;” Kenneth Feinberg and the 9/11 Fund”

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A Teacher Injured in a School Shooting: When Is the School Responsible?

Tue, 23 Sep 2025 11:00:00 -0000

Workers’ Compensation has traditionally been a bargain, a “deal” workers and employers agree to. Workers injured on the job are compensated quickly and in exchange they don’t sue their employers. But when it came to a Virginia school teacher shot and seriously injured by a young student, was there an exception to the rule?

Recent law graduate Katie Jean won the Workers’ Compensation Lawyers John F. Burton Jr. Law Student Writing Competition with her entry “Rethinking the Intent Exception in the Case of Teacher Violence in Our Public Schools Modifying to Include Willful and Wanton Misconduct.” In it, she examines the case of teacher Abby Zwerner, shot by a 6-year-old with a documented pattern of disciplinary issues and had been seen at school with a gun.

Jean questions whether every school shooting can be ruled an accident for the purpose of Workers’ Compensation or if a known threat, with lack of corresponding action, entitles the injured teacher to sue for damages.

It’s an interesting issue, and at least one prior case involving a teacher injured by a student the school knew about was unsuccessful. Does a teacher “assume risk” by taking a job? This is a timely discussion and a sign of our times. Listeners who would like a copy of Jean’s award-winning paper to review may email the hosts at the addresses below.

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com.

Mentioned in This Episode:

“Virginia Teacher Shot by 6-Year-Old Student Can Proceed With $40M Lawsuit, Judge Rules,” NBC News

“Charge in Abby Zwerner's $40M Lawsuit Will Go to Jury Trial,” 13NewsNow

“Vallandigham V. Clover Park Sch. Dist.,” Casemine

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When You’re Hot, You’re Hot: The Impact of Heat on Workplace Injuries

Fri, 29 Aug 2025 16:58:00 -0000

Hot enough for ya? Guest Sebastian Negrusa Ph.D. is a researcher at the Workers’ Compensation Research Institute (WCRI) and the co-author of the recent WCRI study “Impact of Excessive Heat on the Frequency of Work-Related Injuries.”

What role does excessive heat in the workplace play in employee injuries? Turns out, it’s a lot. In temperatures of more than 90 degrees, the risk of injury on the job increases by a significant 5%-6%. Excessive heat, the study finds, impairs both cognitive and physical abilities, leaving workers more likely to make mental and physical errors and suffer injuries at work.

Part of an employer’s duty is to prevent injuries at the workplace, and Negrusa’s study aims to help employers better understand the added risk in high-temperature environments. Some states and the federal government are currently looking at workplace heat standards and safeguards.

Hear what occupations and employee groups are most vulnerable to these stressors and how employers can protect workers on the job (and what Workers’ Comp attorneys need to look for when representing injured workers).

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com.

Mentioned in This Episode

“Impact of Excessive Heat on the Frequency of Work-Related Injuries,” WCRI, by Sebastian Negrusa, Olesya Fomenko, Vennela Thumula

“Florida Blocks Heat Protections for Workers Right Before Summer,” NPR

“‘It’s Getting Hotter’: Bill Aims to Implement Strategies to Protect Outdoor Workers in High Temps,” Boston 25 News

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First Responders and Workers’ Comp, Understanding Workplace Injuries and PTSD

Tue, 29 Jul 2025 11:00:00 -0000

What happens when a first responder is hurt on the job or suffers from job-related post-traumatic stress? We depend on these heroes among us, always there when we need them most. But many must depend on Workers’ Comp professionals to help them when they are injured.

Guest Paolo Longo is a partner with the law firm Bichler & Longo PLLC in Orlando, Florida. He specializes not only in helping injured workers, but also those injured workers who happen to be first responders.

While physical threats are ever-present, PTSD is more common than many know. The hard part is getting victims and doctors to open up and talk about it. Police, fire, and corrections professionals are tough people. But the stress and injuries they suffer are real.

How do first responder Workers’ Comp cases differ by state? Where do some issues fall under the so-called “presumption law?” First responders today are exposed to hazardous materials, toxic smoke, and traumatizing situations. As advocates push awareness of the physical and mental challenge they face, it’s up to Workers’ Comp attorneys to stay current.

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com.

Mentioned in This Episode:

“Is PTSD Covered Under Workers’ Comp?” Bichler & Longo blog

Pulse nightclub shooting, Wikipedia

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Exclusive Remedy: The “Great Bargain” (and the Exceptions)

Mon, 02 Jun 2025 11:00:00 -0000

Let’s talk about the “exclusive remedy,” what it means, why Workers’ Comp matters, and the exceptions. The concept of exclusive remedy is based on the principle that in exchange for care and benefits, a worker injured on the job may surrender some options for additional remedies.

If you’re covered by Workers’ Comp, the ability to challenge the employer in court for injuries and pain and suffering may be limited. Workers’ Comp is the remedy. We are covered by Workers’ Compensation because that can be a good thing, but we may give up the right to sue. Ideally, it’s a fair deal for workers and employers. “The Great Bargain.”

But there are twists and turns. Negligence, bad faith, family medical leave needs, disabilities, “double compensation,” and third-party interests all add to the puzzle. When does an injured worker get the “green light” to seek compensation outside of the exclusive remedy?

And what about non-injury damages like defamation, malicious prosecution, slander, or mental anguish? Or what if a “leased” employee (think temp agencies) is hurt? While the exclusive remedy simplifies the management of workplace injuries in many cases, it’s not always as clear as it seems, and it’s important to know where the exceptions lurk. The goal is always to make injured workers whole. Every case matters.

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com.

Mentioned in This Episode:

Green v. Wyman-Gordon

Foley v. Polaroid

Longever v. Revere Copper & Brass Inc.

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When Undocumented Immigrants Are Hurt at Work

Tue, 29 Apr 2025 11:00:00 -0000

These are unprecedented times for the rights of immigrant workers in the United States. The current political climate has thrown a wrench into the Workers’ Compensation system when it comes to workers without documentation. Understanding the system can help.

Guest Enrique Flores is the founder of the Flores Law Group in Indianapolis, Indiana, and a leader in immigrant workers’ rights. The son of immigrant parents, he says immigrant workers have always sought to live and work unnoticed, “invisible.” But in today’s charged political climate, the fear is real.

When an undocumented worker contacts you for legal assistance, understanding the Workers’ Comp laws in your state is vital. Times may change, but the law and protections haven’t. The law provides benefits for people who are injured at work. What’s changed for workers is the importance of living a lawful life. Clients should stay out of legal trouble, ensure their car is legally registered and in working order, and avoid giving anyone a reason to question them.

At the workplace, if immigration services show up (ICE), clients should know to stay calm and carry what are called “red cards” detailing their rights along with the card of an attorney they can call. The law still works for injured workers, no matter their immigration status. For attorneys, a little proactive outreach to the community could go a long way.

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com.

Mentioned in This Episode:

Red Card/Tarjeta Rojas

Print your own Red Card, Immigrant Legal Resources Center

American Immigration Lawyer’s Association

National Immigrant Justice Association phone (800) 954-0254

National Immigration Law Center

Northwest Justice Project

Workers’ Injury Law & Advocacy Group

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More “Strange but True” Workers’ Comp Cases (and What They Teach Us)

Mon, 31 Mar 2025 11:00:00 -0000

Hosts Alan and Judson Pierce reflect on nearly two decades of the Workers Comp Matters podcast with an examination of unusual or bizarre claims and cases.

A reminder, while some of these cases may have puzzling or humorous elements on their face, it’s never funny when a person is hurt. We may wonder what people were thinking when these incidents happened, but we can learn from each case. For starters, always expect the unexpected.

An employee who thought her boss provided gluten-free pizza was actually fed pizza with gluten in it (what followed after her Workers’ Comp claim was denied is educational and clever). Or an octogenarian, part-time attorney who slipped and fell when he was summoned from his home office to a workplace office and claimed it was an exception to the “going and coming” rule? How about the “personal comfort doctrine” and the breakfast sandwich incident?

These and other unusual cases spotlight both employee behavior and how Workers’ Comp rules vary by state. They may challenge the way you view your own cases. This episode is well worth your time.

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com.

Referenced Links:

Thomas A. Robinson blog, WorkCompWriter.com

Walter A. Zerofski's Case, Masscases.com

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Sprain? Strain? Subluxation? Medical Insights That Can Help Attorneys.

Tue, 25 Feb 2025 12:00:00 -0000

Guest Dr. Peter Yeh is an orthopedic surgeon with more than 15 years in medicine treating shoulder, upper arm, and knee issues. The stuff that happens at the job.

When it comes to injured workers, they’re not that much different than an injured athlete. In both cases, the things they do can be a big part of their identity. And getting back to work is imperative. It’s not just physical, it’s mental. We all have different layers of what makes us who we are, and work is a big part of that.

Hear how Yeh learned how injured workers depend on doctors and the Workers’ Compensation system to help them cope both mentally and physically and get back to their lives. There’s no “cookie cutter” approach, and your clients depend on your understanding, compassion, and expertise.

Medical technology is rapidly evolving. Even the terms you need to know can change. Yeh explains some options that injured workers can explore, especially in cases involving injuries that would have been irreparable just two or three years ago. If you’re representing injured clients, it’s up to you to stay current and help them understand their options, available treatments, and the mental struggle of getting back to normal.

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com.

Mentioned in This Episode:

Previously on Workers’ Comp Matters, Claire Muselman, “A New Approach to Workers’ Comp: Being Nice?”

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Enhancing Your Argument With Storytelling

Tue, 21 Jan 2025 12:00:00 -0000

Being a good lawyer is a lot about great storytelling. Unfortunately, that’s often not taught in law school. Facts build the case, but effective storytelling wins the case.

Guest Robert Mattson is an experienced corporate communications leader and coach. But his skills go beyond that. He acts in and writes plays. He is also the founder and principal at Intrigue Communications and Coaching. He helps people not simply communicate but also tell a story.

When you’re in front of a jury or arbitrator, you’re performing. It’s part of our everyday lives. Are you consciously telling the story that will help your client achieve the best outcome?

Facts are vital. No argument there. But having the skills to help your audience understand those facts, embrace them emotionally, and understand what they are hearing is every bit as important. Mattson explains how understanding how stories are told makes you a better communicator. It’s more than an art, it’s a science. (Plus, he shares the three most important words in storytelling.)

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com.

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AI May Be Big, But Nothing Replaces People In Workers’ Comp Claims

Tue, 24 Dec 2024 12:00:00 -0000

AI may be changing the Workers’ Compensation insurance industry, but that doesn’t diminish the importance of a personal touch. Guest Michael Kelley leads the HUB International claims adjustment team in New England and explains how bringing cases to a satisfying conclusion for all involved can be as much of an art as a science.

There’s room for both automation and technology and face-to-face discussion, understanding the nuances of every situation, and negotiating.

Kelly shares his process and how he puts his 40+ years of experience to work, from soup to nuts. Hear what he considers and how he works with both employers and third-party insurers to reach a settlement that fairly compensates a worker while making sure a claims provider stays in business.

What role will today’s emerging AI technology play? Kelley says it can be an excellent tool for efficiency, but nothing will replace an adjuster’s wisdom and experience.

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com.

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Brain Strain: Workplace Psychological Injury Compensation

Mon, 02 Dec 2024 12:00:00 -0000

Guest Michael C. Duff, professor at the St. Louis University School of Law, explores the evolving field of mental health injuries in the Workers’ Comp world.

Stress and workplace trauma is real, and recognition of these injuries is developing, but there are still complicating factors. Did workplace stress cause a heart attack, or was there underlying heart damage? What constitutes post-traumatic stress, and at what point did that stress occur on the job?

There’s a lot to unpack. Daily on-the-job stress versus something truly unusual at the workplace; cumulative versus traumatic stress; faking versus real injury; causation; and privacy (HIPAA) all factor into a decision regarding compensation.

We all know a broken arm when we see it. But understanding a damaged mind can be tricky. First responders, air traffic controllers, and factory workers all face stresses, but not all stress is the same. Hear how jurisdictions differ in their view of psychological injury Workers’ Comp claims.

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com.

Mentioned in This Episode:

Agis v. Howard Johnson Co.

Previous Appearance on Workers Comp Matters, “For Every Wrong, A Remedy? When A Workplace Event Harms A Family”

Previous Appearance on Workers Comp Matters, “Presumptions in the Age of Covid-19”

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New Study Asks if Having a Lawyer Boosts Workers Comp Payments

Tue, 29 Oct 2024 11:00:00 -0000

Guest Bogdan Savych, a senior policy analyst at the Workers’ Compensation Research Institute (WCRI), discusses his new paper, written with David Neumark, entitled “Impact of Attorney Representation on Workers’ Compensation Payments.”

WCRI studied the impact of attorney representation when it comes to indemnity payments (income replacement benefits) for injured workers in what, on its face, is supposed to be a straightforward Workers’ Compensation system. What impact, statistically, does having an attorney represent an injured worker have on payments?

Not surprisingly, Savych’s research found that for workers, having an attorney represent them in their claims can result in higher payments, but there is still work to be done. And, as host Alan S. Pierce notes, it’s even possible involving an attorney can save the Workers’ Comp insurance company money by identifying other parties who are liable for the injury through negligence. But then, what about attorney fees? There are myriad factors to consider, and, as we know, every state is different.

If you’re an attorney who represents injured workers in Workers’ Compensation claims, or you’re otherwise connected to the world of Workers’ Comp, consider joining WCRI as a member.

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com.

Mentioned in This Episode:

“Impact of Attorney Representation on Workers’ Compensation Payments,” by Bogdan Savych and David Neumark

Free Report: “WCRI Medical Price Index for Workers’ Compensation, 16th Edition (MPI-WC)” by Workers’ Compensation Research Institute

Previously on Workers Comp Matters, “The Attorney’s Role in Workers Compensation”

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VA Disability Claims: An Often Overlooked Benefit Source

Tue, 17 Sep 2024 11:00:00 -0000

Our military and public service veterans deserve our best. Guest Alex Dell is a longtime Workers’ Compensation and Veterans Affairs compensation attorney, often representing injured public servants or military veterans. He’s also a former Division One hockey referee. In both roles, Dell explains how taking a broad view is crucial.

The key, he says, is to avoid “tunnel vision.” Learn to see issues from multiple angles. Take in the whole picture. In hockey, keep an eye out for penalties behind the play, and when a worker is hurt, especially a military veteran, watch for multiple claims to pursue as you seek to best represent your client.

When we talk about veterans’ claims, we’re looking at three areas: pension benefits, compensation for injuries, and “DIC” benefits, the dependency and indemnity claims for families who lost a loved one or who have a loved who was disabled. It can get tricky, and there are unscrupulous “representatives” eager to trick potential clients into making payments that are already covered by the compensation programs.

Representing public servants and veterans is nuanced. Some disabilities aren’t physical. Post traumatic stress disorder (PTSD) may not be evident at first but can manifest itself later. That’s still a real disability, and vets deserve compensation to help them recover. Some veterans may not even know help is available even a decade or more after service. And clients may also not understand a VA “denial” isn’t the end of the road. There are alternatives and appeals.

Do you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear? Contact us at JPierce@ppnlaw.com

Mentioned in This Episode:

Pro Hac Vice

Article, “Presumptive Evidence Of Causation In Workers’ Compensation Claims Related To World Trade Center Rescue, Recovery And Cleanup Operations”

“Your Intent to File a VA Claim,” U.S. Department of Veterans Affairs

“The Michigan Goal,” YouTube

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50 Years In Workers’ Comp: Alan Pierce’s Observations and Reflections

Fri, 30 Aug 2024 11:00:00 -0000

In this special episode, co-host Alan Pierce shares his thoughts on an auspicious occasion, celebrating his 50th year practicing Workers’ Compensation law. Alan’s son and law partner, Judson Pierce, interviews his father.

Fifty years of anything is a long time. Alan passed the bar in 1974 and began practicing Workers’ Comp law. He’s seen a lot. Incremental changes seem to pass slowly, but over half a century, Alan has had a front row seat to what’s become a revolution, from his start as a claims adjuster to attending law school at night to founding his own Workers’ Compensation law firm.

Since its introduction more than a century ago, Workers’ Comp evolved into a specialized, and highly complex system aimed at making injured workers whole and getting then back on the job while controlling costs, rehabilitating workers, and understanding and managing ever-changing workplace environmental challenges.

Today’s “gig economy,” artificial intelligence, the influence of business lobbying, and the decline of union political influence are ongoing issues that will shape Workers’ Compensation rules as the system heads into its second century. Hear Alan’s perspective on the changes he fears may ultimately harm workers if we don’t continue to uphold our long-held moral obligation to protect each other.

Do you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear? Contact us at JPierce@ppnlaw.com

Mentioned in This Episode:

Michael Duff, “How the U.S. Supreme Court Deemed the Workers' Compensation Grand Bargain ‘Adequate’ Without Defining ‘Adequacy’”

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Using AI To Help Both Sides, Adjusters And Injured Workers

Mon, 22 Jul 2024 15:30:00 -0000

How will AI help us help workers injured on the job? What voids will AI help us fill as we work to help people get back to work and life? Treatment authorizations, document delivery, and automation of mundane tasks such as signature acceptance help an injured person get back on the job faster and speed operations for the adjuster. Let’s work together.

As guests from digital communications platform Gain Life Tycho Speekenbrink and John Peters explain, claims are complicated. But automation can help speed the process by analyzing how prior cases and even patient locations have worked in similar cases. Today’s tech can help both sides eliminate bottlenecks, including routine treatment approvals, medical appointment scheduling, even transportation to and from care. Hear how AI can accelerate and simplify the process. Can AI help adjusters get past routine tasks and learn a little bit about empathy and collaboration, things that work for both the worker and the adjuster?

Workers’ Comp is struggling to get past the old “snail mail” and paper files era. Hear how AI can advance reaction time and attract new, younger, talent that has grown up in the digital age. The systems aren’t yet perfect, but you don’t want to be left behind. Change (for the better) is coming. AI won’t replace adjusters and attorneys, but it will help them do their jobs better.

Mentioned in This Episode:

“AI Sparks New Era In Empathetic Workers' Comp Claim Management,” PropertyCasualty360, by Tycho Speekenbrink and John Peters (free registration required)

OpenAI ChatGPT

Google Gemini AI

Coursera

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A New Approach to Workers’ Comp: Being Nice?

Fri, 28 Jun 2024 11:00:00 -0000

Guest Claire C. Muselman’s recent publication in WorkersCompensation.com encourages adjusters to take a new look at Workers’ Compensation’s goals. Maybe we should be less skeptical of workers and show empathy. In other words: Be Nice.

We all have biases. Sometimes they get in the way and keep us from caring. From social media to traditional learning to storytelling and anecdotes, how do those biases influence our assumptions when it comes to making workers whole and getting them back on the job after a workplace injury?

In her article, “Empathy’s Impact on Workers’ Compensation: Elevating Care for Injured Workers,” Muselman writes, “Empathy is the ability to understand and share the feelings of others. In the Workers' Compensation field, it involves recognizing and acknowledging the emotions of injured workers, seeing things from their perspective, and responding with compassion and understanding. Empathy goes beyond sympathy, which is pity or sorrow for someone's misfortune. Instead, empathy involves a deeper connection where we can truly comprehend and relate to another person's emotional experience.”

Wouldn’t it be great if we could step away from an adversarial position, stop trying to assign blame, and start thinking about the injured people and their families? It’s a new approach but perhaps a better one.

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Alternative Medicine and Workers’ Comp Coverage: A Puzzle.

Thu, 30 May 2024 16:00:00 -0000

Let’s talk about alternative medicine and coverage under Workers’ Comp’s hodgepodge of rules.

Guest Maya Rashid is a recent graduate of Penn State Law and the winner of the College of Workers’ Compensation Lawyers’ student writing competition with her article “Revitalizing Recovery: Exploring Workers’ Compensation Coverage of Alternative Medicine.”

Fighting for clients seeking treatment through alternative medicine under Workers’ Comp? Even traditional medicine can get tangled in case law and treatments, but when it comes to alternative medicines, where do you, and your clients, stand?

It’s a confusing issue, trying to figure out how injured workers can choose their own care and recovery path versus what insurers and jurisdictions determine is “reasonable.” The word “reasonable” varies across jurisdictions. Not to mention the confusion of medical bill coding. If you, and your clients, are confused, you aren’t alone.

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New Insights: How A Worker’s Mental State Influences Injury Recovery

Tue, 30 Apr 2024 11:00:00 -0000

When workers are recovering from a workplace injury, there are psychosocial factors, mental factors, which can impede the recovery from physical injuries. Things such as a worker’s recovery expectations, fear of pushing too hard or performing activities that may restrict the benefits of physical therapy and hamper recovery, or even new negative feeling about their job and perceived injustices over how a supervisor or employer reacted to the injury. Can these “mental” factors prolong recovery and delay a return to productive work?

Guest Vennela Thumula, Ph.D., works at the Workers’ Compensation Research Institution – a nonprofit, objective provider of research and analysis – and is the lead author of this year’s WCRI report, “Importance of Psychosocial Factors for Physical Therapy Outcomes.” The role of psychosocial factors is increasingly being recognized as a major factor in recovery.

Understanding a clients’ mental state – and its impact on recovering – may be just as important as their injury diagnosis when it comes to achieving full compensation and helping them return to a full, productive life. Just because you can’t see an injury doesn’t mean it isn’t there. What you hear on this episode of Workers’ Comp Matters may change how you approach each client’s individual situation.

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The “Multi-Tentacled Monster:” Repetitive Stress Claims

Tue, 26 Mar 2024 11:00:00 -0000

This episode opens a new topic for the Workers Comp Matters podcast: repetitive stress injuries, sometimes referred to cumulative trauma, acquired on the job. What happens to someone when someone develops a workplace injury, physical or mental, that can’t be traced back to a single, isolated event? Or what if the injury is the result of cumulative trauma developed under multiple employers?

Bodily wear and tear, the result of daily repetitive labor, is real. Think of the brick mason on his knees for decades or the mechanic crawling under vehicles and lifting heavy items, or the carpal tunnel injuries from working at a keyboard week in and week out. These injuries pose challenges when asked for a “date of injury” on a claim form.

For attorneys representing victims of repetitive stress, clarity is key, explaining clearly to the investigator that there is no single date. The injuries were the result of the entire period of labor. Lawyers need to think creatively to fully communicate that the injury is the direct result of the workplace.

We all “break down” as we age. For a successful claim, attorneys must show that the traumatic “wear and tear” injury is a direct result of the workplace, not simply the result of ordinary aging.

Mentioned in this Episode:

Massachusetts Zerofski Case

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Think You Know Workers’ Comp? The Times, They Are A Changing!

Wed, 28 Feb 2024 17:00:00 -0000

The “times they are a changing” in the world of Workers’ Compensation, a system developed when the relationship between workers and employers were more clearly defined. Guest Emily Spieler is an accomplished author, former professor, practicing attorney, and government official with a career that spans the space of workers’ rights, safety, and compensation.

The 100+ year old system of Workers’ Comp has evolved and continues to change and adapt. But the bottom line is we still have a duty to care for injured workers. How do we fit today’s challenges into an old model?

There’s a growing debate today in both legal and government circles over the definition of worker/employer relationships. The world today is more complex than when compensation rules were developed, and the nature of work has moved beyond old factory and mining jobs.

Contract workers, gig employees, and working remotely are shaking up the working world. Who should cover an Uber driver? As unions fade, who helps injured workers understand their rights, file claims, and protects them from retaliation for asking for compensation? Robotics, AI, rush warehouse fulfillment, and even jobs that haven’t been invented strain the limits of our current system. This is a fascinating conversation.

Mentioned in this Episode:

“(Re)Assessing The Grand Bargain: Compensation For Work Injuries In The United States, 1900-2017,” Emily A. Spieler, Rutgers University Law Review

“US Court Rules Uber And Lyft Workers Are Contractors,” BBC

“Oklahoma Workers’ Comp Opt Out Ruled Unconstitutional,” Insurance Journal

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When Things Get Weird, Volume 2: Unusual Cases of Workers’ Comp

Tue, 16 Jan 2024 11:00:00 -0000

A person getting hurt at the workplace is never funny. But it can be instructional to examine some of the strangest ways people manage to become injured at work. Hear about some “interesting” cases.

A schoolteacher whose leg “fell asleep” while he sat in a classroom falls trying to stand up. He broke his femur. Is he entitled to compensation from his employer?

An Amtrak baggage handler was visiting the restroom when someone tossed a firecracker into the room. Startled, he fell and was injured; is Amtrak responsible? How about a city worker who says he picked up a firecracker he found on the job, and it mysteriously exploded, injuring him?

People get hurt at work, but as these and other cases illustrate, it’s not always the responsibility of the employer. (And sometimes, workers do silly things…).

Mentioned in this Episode:

Tom Robinson’s Top 10 Bizarre Workers’ Comp Cases For 2022

Steven Silberberg v. Palm Beach County Schools

Phillip Durance v. National Railroad Passenger Corp aka Amtrak

Dylan Junior v. Illinois Workers’ Compensation Commission

Jonathan Hollis v. Acoustics, Inc. and Associated General Contractors of MS, Inc.

Donald Weed v. Spraying Systems, Co

Stanis v. Workers' Comp. Appeal Bd. (Brand Energy Servs.)

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Fighting The “HIPAA Police,” Accessing Your Client’s Medical Records

Tue, 19 Dec 2023 12:00:00 -0000

HIPAA, the Health Insurance Portability and Accountability Act, is 27 years old. For better or worse, it was designed to protect patients. But in reality, it has also hampered attorneys in their quest for medical records critical to ensuring fair compensation for injured workers.

Guest Jared Vishney is the founder and CEO of the medical record retrieval technology company Arctrieval. He says most firms wait more than three months for medical records, some as much as four months or more. HIPAA regulations (and penalties) have turned medical record holders so risk averse that it’s hard for patients to get their own records.

The rules around HIPAA and medical records are murky. How much time do institutions have to turn over requested records? How can attorneys and clients push providers to turn over records faster? Workers’ Comp attorneys may find themselves caught in a disconnect between medical record technology and a web of legislation that is supposed to oversee electronic health record systems and rates for copies of those records. It’s hard for clients and attorneys to know they’re getting the full picture, and costs can run into the thousands of dollars.

Hear about tips and tricks for getting the records you need. If you’ve been frustrated by a tangled medical records system, this episode of Workers’ Comp Matters is for you.

Mentioned in this Episode:

“Health Insurance and Portability and Accountability Act,” Centers for Disease Control and Prevention

“Section 164.524 - Access of individuals to protected health information,” Legal Information Institute, Cornell University

“Medical Records: Fees and Challenges Associated With Patient Access,” GAO report to Congress

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Long COVID And Workers’ Comp, A Deep Dive Into A Real Issue

Tue, 21 Nov 2023 12:00:00 -0000

Did we ever learn a lot during the once-in-a-generation health event that was COVID! Guest Dr. Bogdan Savych of the Workers Comp Research Institute (WCRI) is a policy analyst who is studying the lasting effects of the illness, as well as lingering cases of Long Covid.

What is “Long COVID?” How big is the problem? Is it even real? Is a pandemic an occupational disease? Savych is investigating who should pay and who decides how much a claim is worth. Imagine months, maybe years, of shortness of breath, brain fog, anxiety, and chest pain. The question is whether the workplace is responsible.

For Workers’ Comp attorneys representing clients, this becomes an issue of connecting the workplace to the initial infection, then to “Long COVID,” and finally to the worker’s ability or inability to return to work.

If you’re confused, this is the place to start. Four years after the onset of COVID, we’re still learning new things and still committed to helping workers recover and get back to their jobs.

Mentioned in this Episode:

Workers Compensation Research Institute, WCRI

“Long COVID in the Workers’ Compensation System in 2020 and 2021,” by Dr. Bogdan Savych

Dr. Bogdan Savych's previous appearance on Legal Talk Network

Centers For Disease Control And Prevention, CDC, “Long COVID Or Post-COVID Conditions”

National Institute for Occupational Safety and Health, NIOSH

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What Is A Workplace Injury When Your Home Is Your Workplace?

Tue, 17 Oct 2023 11:00:00 -0000

Our understanding of work and workplaces may have been forever changed by the COVID pandemic. Many workers today are working from their own homes or conducting meetings by phone during their occasional trip to an office.

When you’re working from home and slip and injure yourself in your own bathroom during the workday, who is responsible? If you are hit by a careless driver while conducting a business meeting by phone in your car, who pays?

Guest Cathy Surbeck of Surbeck Law is the incoming president for the Workers Injury Law & Advocacy Group (WILG). She shares how WILG members are grappling with a legal system that is struggling to keep up with the evolution of the workplace.

And while financial support is crucial in any workplace injury, so is medical care, rehabilitation, and recovery. After COVID, many care providers have shifted to a hybrid office and telehealth model. It remains to be seen whether this model can help an injured worker fully recover and return to work.

This is a challenging time for the Workers’ Comp field. Everything is changing, from where we work to how we receive care, and even how resolution hearings are held. Don’t be left behind.

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How A New Documentary Movie, “Americonned,” Relates To Workers’ Comp

Tue, 19 Sep 2023 11:00:00 -0000

Guest Dave Pederson is the producer of a new film, “Americonned,” that examines how the past few generations of workers have suffered from income inequality and been crushed by big business and its government influence. Wages aren’t keeping up, yet productivity has rocketed, on the backs of the American middle class.

The rich are getting richer, the middle class is seeing the bottom drop out. Why? And what do seismic shifts in wealth mean for the future of the middle class, unions, and the lawyers who represent them?

Organized labor and a strong middle class have been the drivers of Workers’ Comp protections. Without them, we may need to worry about the future. But as Pederson explains, a renewed interest in union membership and strength could be the turning point for workplace protections.

If the American working class is being conned, how can Workers’ Comp lawyers help?

Mentioned in this Episode:

Pitchfork Economics podcast

Laffer Curve

Trickle Down Economics explained

“Amazon Loses Bid To Overturn Historic Union Win At Staten Island Warehouse,” NPR

“UPS Deal Raises The Bar For Worker Demands,” Axios

Starbucks Workers United

Gaslit Nation podcast

Kurt Andersen, “Evil Geniuses,”

President Lyndon B. Johnson “War On Poverty” speech

“Student Loan Debt Crisis,” Education Data Initiative

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“For Every Wrong, A Remedy?” When A Workplace Event Harms A Family

Tue, 15 Aug 2023 11:00:00 -0000

What about the rights of an injured worker’s spouse and family members after a work-related injury or illness? Guest Michael Duff, law professor, former blue-collar worker, and expert on Workers’ Comp walks us through the California “Kuciemba Case,” a case where an employer may have violated COVID-19 pandemic regulations, infecting several workers. Victim Peter Kuciemba was infected and later his wife contracted the illness and ended up on a ventilator. Is he entitled to Workers’ Compensation? Beyond that, what about his wife?

This is a tough issue that comes down to what’s called the “exclusive remedy,” meaning Workers’ Compensation protections are understood to be responsible for workplace injuries, replacing civil tort liability. But if a spouse isn’t part of the employment contract, does “The Grand Bargain” apply?

Remember the sickened meat packers during the pandemic. The legal system said family members of workers who infected them, as a result of contracting the illness at work, cannot sue the workplace. Workers’ Comp trumps the civil case, even in case of employer negligence. Now, let’s go deeper. What about a non-family member, such as a romantic interest, or a friend?

This episode goes down a rabbit hole. But if you’re an attorney representing workers in workplace injuries, you’ve got to be thinking this way. How far does exclusive remedy go?

Mentioned in this Episode:

“At Least 59,000 U.S. Meat Workers Caught COVID-19 In 2020, 269 Died,” PBS Newshour

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The “F-Word” In Workers’ Comp: Fraud. Not Always The Employer?

Tue, 18 Jul 2023 11:00:00 -0000

Let’s talk about the F-word in Workers’ Compensation: Fraud.

Guest Connor Thomson is a second-year law student at Villanova University who won the College of Workers’ Compensation Lawyers John F. Burton Jr. Law Student Writing Competition with his paper “Fight Fire With Fire: The Need For Carriers To Be Afforded More Duties And Privileges To Combat The Pandemic Of Workers’ Compensation Insurance Fraud.” He explores an interesting, challenging issue in Workers’ Comp: Are employees sometimes cheating the system?

Workers’ Comp insurance fraud is a multibillion issue. Thomson takes a deep dive. The system does a lot of good, and employer fraud hurts workers. It happens. All fraud is wrong. But sometimes employees cheat, they collect a check for a workplace disability, but they work on the side, maybe under the table. That’s not a victimless crime either. It hurts us all, Thomson argues.

Sure, employers do check on workers who file claims, including the use of private investigators. And that comes with its own issues. But Thomson says controlling insurance fraud may have its place. If carriers can’t investigate, does everyone suffer because of higher insurance costs? This is an intriguing issue.

Mentioned in this Episode:

Workers Comp Matters, “Dissecting Fraud”

Connor Thomson “Fight Fire With Fire: The Need For Carriers To Be Afforded More Duties And Privileges To Combat The Pandemic Of Workers’ Compensation Insurance Fraud”

College of Workers’ Compensation Lawyers John F. Burton Jr. Student Writing Competition

Coalition Against Insurance Fraud

Coalition Against Insurance Fraud study and findings

Insurance Journal articles on Workers’ Comp fraud

Jesse Maxwell v. AIG Domestic Claims

Frontline, “The Myth Of Workers’ Compensation Fraud”

Workers Comp Matters, Legal Talk Network, archived episode, “The History of Workers’ Compensation With John F. Burton Jr.”

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Support That Goes Beyond Lawyers and Doctors: Kind Souls Foundation Lends An Ear

Tue, 20 Jun 2023 11:00:00 -0000

Helping workers and their families get back on their feet after a workplace injury or other workplace-displacing health event takes more than legal aid, insurance, and even doctors. Injured workers are people first, and people have emotional needs. Guest Danielle Troxel is managing director of Kind Souls Foundation, a non-profit, donation and volunteer driven organization dedicated to helping displaced workers with the emotional support and services navigation assistance they need to recover.

Many of us see ourselves as our job. It’s part of our identity. Being stripped of that routine may lead to feelings of isolation or loss of identity. Having someone to talk to about those feelings can help people adjust and move forward.

Assistance is offered discretely, even anonymously. There’s no need to provide a case number or any details. No insurance companies need to be involved and no medical records are needed. Kind Souls Foundation simply wants to help.

If a client or someone you know has been displaced from work due to a health event and could use emotional support, they can contact the Kind Souls Foundation at their website, https://www.kindsoulsfoundation.org/ and schedule a session. Help is available online through a face-to-face video connection, through text and chat sessions, or by phone.

Sponsorship opportunities are available at the Kind Souls Foundation website. Individual donations are accepted online at https://kindsoulsfoundation.charityproud.org/Donate .

Mentioned in this Episode:

Kids’ Chance

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Medical Marijuana, Your Client, And Who Pays

Tue, 16 May 2023 11:00:00 -0000

Marijuana was once fodder for stoner comedies and standup routines. But today, medical marijuana is a serious matter in Workers’ Compensation. Fair compensation, and proper medical treatment, is not always as clear as it should be. Laws evolve by the day, state by state.

Guest Jenifer Dana Kaufman is a Pennsylvania Workers’ Comp attorney who has developed a wealth of experience where marijuana law collides with fair compensation and treatment. In this episode of Workers’ Comp Matters, hear how Kaufman unraveled a complicated case and how competing state and federal laws tangle the issue of appropriate care when marijuana is involved, even when prescribed in a state where medical marijuana is legal.

Intent and medical recommendations matter, but can insurers be required to pay for a drug that is technically illegal under federal law? What’s the difference between an insurer paying directly for marijuana vs. reimbursing a patient? Take a deep dive into how marijuana therapy as a Workers’ Comp issue continues to develop.

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When A Worker Is Injured, So Is The Family: Helping Children Move Forward.

Tue, 25 Apr 2023 11:00:00 -0000

Guest Kathleen Fisher is an accomplished attorney in the field of Workers’ Compensation, but she’s also an active leader of the organization Kids’ Chance, dedicated to supporting the children of workers injured on the job.

Kids’ Chance provides scholarships to the children of injured workers. When a worker is hurt, or even killed, on the job, ripples spread throughout the family. Kids’ Chance is active in all 50 states and has awarded more than 9,300 scholarships. Hear how just a Workers’ Comp claim number can translate into scholarships for children of injured workers. Kids’ Chance offers a streamlined approach, laser focused on filling the gaps a workplace injury can create.

As a claimant’s attorney, you can help connect survivors with resources. Kids’ Chance is another tool in your toolbox as you help clients and families recover. Talk to your clients, ask how you can help, and learn about the services that support not just injured clients, but their families as well.

Mentioned in this episode:

Kids’ Chance

Kids’ Chance of Massachusetts

Kids’ Chance Awareness Week

WooSox Foundation

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Back To School: Learning To Focus On “Recovery,” Not “Claims”

Tue, 21 Mar 2023 11:00:00 -0000

Guest Robert “Bob” Wilson is a leader at Work Comp College, created to offer a deeper dive into workplace protections for employees. He’s not a lawyer or an academic type, but he’s long held an interest in the programs designed to protect workers and employers.

The field of helping workers recover from workplace injuries can get better, through training, tech, and, most importantly, through a renewed focus on recovery.

Wilson asks how can we bring the human element back. For attorneys representing both the injured worker and employers – even insurers – it seems we’ve forgotten about people, injured people the families who depend on them. Maybe it’s time to focus on restoring lives, not “processing claims.”

Dive into the world of making injured workers whole. Go beyond “compensation” and focus on “recovery,” getting to the right doctors, the right treatment, and getting back to feeling independent and enjoying meaningful work. Workers’ Comp is there to provide financial resources when workers are injured, but Wilson believes we go beyond “comp” and get to “recovery.”

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Settle Down: How Settlements Work in Workers’ Comp Cases

Tue, 21 Feb 2023 18:00:00 -0000

To settle or not to settle, often a question. Our guest, Jim Anderson, is a well-known Workers’ Comp attorney and a leader in the field in Mississippi. His input about “settlements” are respected, and he has led the field in helping both sides reach a solution.

The best claim is a closed claim. Is it sometimes better to simply settle a case fairly, to reach an accord, than let it linger and get worse. When a significant injury is involved, going before a judge can be risky. Seeking a settlement that is fair can be a better solution.

But how are settlement values calculated? This is the complicated part. Best case, worst case, and the fair target range. At what point do you make an offer?

Every case is different, and there is no “standard.” By talking with each other, maybe we can understand what the worker needs and what the company is responsible for. This is Workers’ Comp, not tort cases. There is no “pain and suffering” as in a civil case, but that can be hard for workers to understand. And with older workers injured on the job, Medicare eligibility adds a whole new twist. It’s a major factor easily overlooked. A settlement isn’t always just between the insured and the worker, there are other parties to think about. This is an eye-opening episode full of insights into the fine art of settlements.

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Urgent Need: Serving First Responders With PTSD

Tue, 24 Jan 2023 12:00:00 -0000

We depend on our first responders – firefighters, cops, emergency room workers – every day. They protect us from harm. But what happens when they need our help? Our guest Robert Wisniewski is a Certified Specialist in Workers’ Compensation law with the Arizona State Bar and a military veteran.

Post-traumatic Stress Disorder is a real thing, PTSD. How does this fit into state Workers’ Comp protections? You can’t see these mental scars. And every state is different. Some states don’t offer benefits for these issues.

The military and the Veterans Administration understand the damage we can’t see, but it’s unclear where first responders fit at a state level Remember, every state has its own rules. This is a tough one, but we’re talking about our hometown heroes. There can be a stigma, and sometimes issues don’t get reported until it’s too late, or the chain of command drops the ball.

And unlike falling off a ladder or getting in a car wreck on the job, PTSD injuries may be the result of repeated incidents over a long term. It’s hard to say “when” the mental injury happened, how do you make that claim? Courts are struggling with this. Non-physical stressors may be limited to a single incident, not a working lifetime of stress.

We owe first responders support and care when they need it. This is a confusing and complicated issue. But this is important.

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When Things Get Weird: Fascinating Cases, Different Jurisdictions

Tue, 20 Dec 2022 12:00:00 -0000

A reminder that every case is different. Injuries occur in unusual situations that challenge how we think about Workers’ Compensation and how every state and jurisdiction applies the law differently.

The “Skiing Chaperone Case,” is about a teacher who accompanies a school ski club as a chaperone. Is she eligible for Workers’ Comp if injured while skiing? Is this a work injury, or did her volunteer status exclude her? After all, skiing is fun. The answer may surprise you.
A worker on the job outdoors needed to relieve himself. He was standing on a railing over a concrete slab six feet below, unzipped … and he fell and was hurt Unfortunately, he also had an elevated blood-alcohol level and an indication of drug use. So, did the “the personal comfort doctrine” apply, or did intoxication trump his claim?
Plus, a law enforcement officer attending a conference partook of a “hospitality” suite, enjoying alcoholic beverages before falling off a balcony to his death; A truck driver who stepped into boiling water when he was awakened in his truck cabin; And an obese woman who got stuck in her workplace cafeteria booth, breaking a bone.

These are real cases, and real people were hurt. No injury is funny or subject to ridicule. But these cases illustrate the challenges Workers’ Comp attorneys face. Every worker is important and entitled to protections, but many cases are far from clear cut.

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Longshoremen and Workers’ Comp Act — Coverage, Benefits and Compensation

Tue, 22 Nov 2022 12:00:00 -0000

Enjoy a deep dive into the Longshore and Harbor Workers’ Compensation Act with a veteran of the field, guest Norman Cole. The Act is a federal comp provision that covers those who load, unload, and repair ships or work in related fields. It’s a fascinating field that differs from standard state compensation rules. For one, the injured worker doesn’t have to demonstrate employer negligence, as the work is inherently dangerous. In exchange, benefits are relatively defined.

The LHWCA is unusually generous to protect this vital workforce. Six figure awards are not uncommon. Learn what you need to know about this highly specialized field of Workers’ Compensation from a 40-year veteran. If you’re working with an injured dockworker, or are considering practicing in this Workers’ Comp niche, this episode of Workers Comp Matters could be the most valuable 30 minutes you’ll ever spend.

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Embrace Your Inner Matlock: “Acting” In The Courtroom

Wed, 19 Oct 2022 15:40:00 -0000

Guest Rachel Bailit is not an attorney, she’s an actor. So why is she a guest on a show about lawyers and legal issues? As an experienced acting teacher – in addition to an accomplished actor in movies, television, and live stage – Bailit specializes in teaching acting skills to public speakers, politicians, and attorneys.

Telling your story in court is acting. It’s important to use your story, your voice, and your body in concert to create a relationship with your “audience,” whether that’s a jury or a judge. It’s about effective communication.

Law school may prepare you for reading, interpreting, and writing the law. But what about performing? Authenticity and confidence create your courtroom presence. Get beyond explaining your case in legal terms to making your audience “feel” your story.

Learn about “getting off book,” taking your eyes off the printed page and looking into the eyes of the jury or judge. It takes practice. Rehearsal is not just for stage and screen! Understand how to recognize and replace old habits and crutches – be aware of your every word, gesture, and movement. Just like the practice of law, the art of acting requires study and effort. But you might even enjoy it.

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A Playbook for Tackling Workers’ Comp in Professional Sports

Wed, 28 Sep 2022 15:45:00 -0000

It’s one thing when a shelf stocker slips at work and injures her back. It’s another thing entirely when a professional athlete blows a knee on the football field. Our guest this week is Jonathan Israel, senior partner at the Jacksonville, Florida, law firm RITE where he represents professional athletes in Workers’ Comp cases.

Things get interesting when a case involves an athlete making millions of dollars. Even in a case of “maximum medical improvement” a player at the highest level may never return to the field, and it would be hard to match his or her former income in another line of work. How are benefits calculated? What happens when stars want to see their own doctor rather than the doctors the team is familiar with? Then there are issues of jurisdiction if a player is hurt on a road game and issues regarding a player’s status as a seasonal employee since games aren’t played year-round.

When representing today’s highly paid sports stars, even issues of depositions that might become public or concerns about countersuits for a motion to tax costs become elevated. Dig into a fascinating look into a unique corner of the Workers’ Comp world.

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Workers’ Comp Medical Fee Schedules: What You Need To Know

Mon, 12 Sep 2022 18:10:00 -0000

Workers’ Compensation is primarily designed to provide two benefits: payroll replacement for injured workers and medical payments to providers. But over the years, the process has become increasingly complicated.

Guest Ramona Tanabe is executive vice president and counsel for the Workers’ Compensation Research Institute (WCRI). In this episode, she explains the WCRI’s newly updated report, available now, “Designing Workers’ Compensation Medical Fee Schedules, 2022,” penned by the WCRI’s Olesya Fomenko and Te-Chun Liu.

Medical fee schedules, relative worth or value of medical services, state Workers’ Compensation calculations? Whew. When 50 states have 50 different procedures, it can be hard to follow the numbers.

Tanabe says it’s crucial to know how vastly different state payments are, payment gaps that have appeared, and how fee schedules can affect whether providers will accept a patient covered by Workers’ Comp.

This informative episode explains how rates for patient care are calculated and implemented for clients hurt on the job.

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Has the “Great Bargain” Worked? Well … It’s Complicated

Fri, 29 Jul 2022 10:59:00 -0000

Continuing our discussion of the 50th anniversary of the National Commission on State Workmen’s Compensation (as it was called) report. We’ve come a long way, but … it’s complicated.

Guest Abbie Hudgens, Administrator of the State of Tennessee Bureau of Workers’ Compensation, shares her thoughts on how far we’ve come with the “great bargain” that balances workers’ rights and the need to file a lawsuit for any injury on the job.

It’s a bit messy to this day. Fifty states, 50 systems. Are higher-paid workers being shortchanged? Should older, rural, or less educated workers receive more than others when they are injured and can’t work. And what’s the goal of a Workers’ Comp system, security for life, or helping workers get back on the job.

There remain many questions about disability and impairment, and even partial disability. It’s a fragile balance. As we’ve said, it’s complicated.

Mentioned in This Episode:

“AMA Guides® to the Evaluation of Permanent Impairment: an overview”

Workcomp Central

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50 Years After a Review of Workplace Protections, Time for Another Look?

Wed, 06 Jul 2022 11:00:00 -0000

July marks the 50th anniversary of the National Commission on State Workmen’s Compensation laws. The system we have in place wasn’t always so. Even after the passage of protections for workers, it took years to develop today’s standards.

In 1972, a federal panel released a comprehensive review of state Workmen’s Compensation (as it was then called) laws and guidelines. As Alan explains, several states had to readjust their systems. Our current system is a complex and delicate balance of federal and state oversight, adequate protections, and employer insurance costs.

Fifty years after the initial report, is it time to review Workers’ Compensation? The workplace has changed, the shift to gig working may be leaving many behind in the “new economy.”

On July 11, the U.S. Department of Labor hosts a public roundtable on the topic featuring Alan Pierce.You can register to join online as stakeholders across the workplace safety and protection community discuss the future of Workers’ Compensation.

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Workers’ Comp and COVID: An American Failure

Tue, 31 May 2022 11:00:00 -0000

Guest Joanne Doroshow is the founder and executive director of the Center for Justice & Democracy, a national consumer organization dedicated to protecting our civil justice system. She shares a new report from the Center’s Emily Gottlieb, “System Letdown: Worker Safety, Harm, and Compensation in the Age of COVID-19.”

The report examines the role of industry and the government during the COVID-19 pandemic and the effects on workers including illness, deaths, and worker safety violations.

From the start of the pandemic, the Center found businesses mishandled the situation and put front-line workers in peril. But issues didn’t end there as government protections, Workers’ Comp, and the civil justice systems continued to fail workers.

Go beyond data to the tragic personal stories as promised protections were pushed aside. Were the working people who kept the U.S. fed and supplied with goods – often lauded as heroes and essential – intentionally put in harm’s way in the name of profit? Who got stuck with the tab, and what did we learn?

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Immigrant Workers and Their Rights, Documented or Not

Wed, 20 Apr 2022 10:59:00 -0000

It doesn’t matter what country you’re from or if you’re in the U.S. documented or not. Workplace injuries don’t care about immigration status or language abilities. Everyone hurt on the job deserves representation. Arizona-based workers’ rights attorneys Robert Wisniewski and Javier Grajeda share their vast experiences representing immigrant workers.

Communication is vital, and those with limited English proficiency often need help. Wisniewski shares tips on helping foreign workers communicate the extent of their injuries. American demographics are changing, but our system of protections is for everyone. A competent, certified interpreter is one key.

Undocumented workers, and even documented immigrants, may not know they have rights or may be afraid to speak up. Some may not have valid tax ID information or may work under an assumed name. Others may have left the country or been deported after an accident.

What are cultural tells? How do other cultures react in a courtroom? How do legal professionals vet interpreters? How can you ask simple, direct questions that may uncover information a case hinges on? These and other tips, in this episode of Workers’ Comp Matters.

Special thanks to our sponsor PInow.com, Posh Virtual Receptionists, and MerusCase.

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Rebuttable Presumption of Intoxication: Workers’ Comp and Marijuana

Wed, 30 Mar 2022 13:00:00 -0000

Our guest is law student Simon X. Cao, winner of this year’s College of Workers’ Compensation Lawyer’s John F. Burton Jr. Student Writing Award. His essay, “Fighting The Tide – Overcoming The Rebuttable Presumption of Intoxication In The Age of Marijuana,” examines a common Workers’ Comp defense arguing an injured worker was somehow culpable in his own injury by virtue of intoxication.

Cao examines to what extent – if any – evidence of prior marijuana consumption can be used against injured workers, as a growing number of states legalize marijuana both for recreation and medical use.

The nexus of marijuana and injury compensation is a sticky issue. Evidence of marijuana can be detected in an injured worker’s system for weeks after use, unlike alcohol, but it can be present without indicating intoxication. How reliable is testing? How consistent are the rules across states? And what about presumed consent for a drug test after a workplace accident? All interesting topics that could affect your clients.

Special thanks to our sponsor PInow.com, Posh Virtual Receptionists, and MerusCase.

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Workers’ Comp Attorneys, Protecting Our Rights

Wed, 23 Feb 2022 09:00:00 -0000

Guest Malcolm Crosland is a South Carolina attorney with more than 30 years’ experience protecting workers and their rights. In today’s gig economy, it’s up to Workers’ Comp attorneys to guard against employers, lobbyists, and insurance carriers as they angle to classify workers in ways that could exclude them from workplace protections.

Crosland shares how important Workers’ Comp attorneys are both in fighting against efforts to weaken protections and in helping injured workers navigate a system that is increasingly adversarial and complex.

Public understanding of Workers’ Comp is, for many, out-of-sight-out-of-mind. Until they need it. Workers’ Comp attorneys and the Workers Injury Law and Advocacy Group stand at the ramparts ensuring that working people across the country are cared for and supported when a workplace injury occurs.

Special thanks to our sponsor PInow.com, Posh Virtual Receptionists, and MerusCase.

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Revisiting the History of Workers’ Compensation with John F. Burton, Jr.

Wed, 26 Jan 2022 14:00:00 -0000

The 1972 issuance of the Report of the National Commission on State Workmen's Compensation Laws is one of the watershed moments in modern workers' compensation. As this year marks the 50th anniversary of the report, we felt it was worth revisiting our conversation with John F. Burton, Jr., who served as chairman on that commission. In this episode, originally released in December of 2018, host Alan Pierce talks to John F. Burton, Jr. about his career as a workers’ compensation expert. They discuss the history of workers’ compensation, outlining its legal evolution through different political and economic eras in the United States.

Special thanks to our sponsors, PInow and MerusCase.

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All Aboard: Maritime and Defense Base Claims

Wed, 15 Dec 2021 13:00:00 -0000

Workers’ compensation cases take many forms and cover myriad workplace injuries. In this episode, guest Christopher Hug dives into one very specific area, maritime industrial accidents, injury, and compensation.

Hug specializes in maritime industrial cases, often under the Longshore and Harbor Workers’ Compensation Act and the very specific Defense Base Act, a World War II creation that covers workers on overseas assignments under contract to the military.

The Defense Base Act is especially interesting in that it covers workers in all fields on military installations, from mechanical workers to teachers or even dentists and can include both physical and emotional disability. Compensation is most often handled through private insurers.

In addition, Hug explains case timelines, representation across jurisdictions, and how lawyers are compensated for their representation.

Special thanks to our sponsors, PInow and MerusCase.

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“Do The Right Thing,” A 9/11 Hero To The End

Wed, 10 Nov 2021 15:00:00 -0000

Guest Phil Alvarez, director of 9/11 Outreach and Education for the law firm Hansen & Rosasco, shares how his brother fought to the end like the hero he was. Luis Alvarez was an NYPD detective who worked in the toxic ruins of the World Trade Center for months, not knowing a silent beast would stalk him for the rest of his life, and dying of cancer caused by the chemicals in the air and the rubble.

Before he died, Luis fought for every victim – past and future – of the terror attack, pressing Congress to pass a final, permanent victims’ fund, the “Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act.”

This heartbreaking tale of determination is a testament to our everyday heroes and the advocates who never give up their fight to protect America’s workers. Take a moment to listen and reflect on the vital importance of worker protections.

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“Law’s Finest Hour,” Tort Lawyers and 9/11

Wed, 06 Oct 2021 14:00:00 -0000

Guest Leo V. Boyle recalls the frantic 60 hours after the 9/11 terror attacks of 2001. He calls that time “law’s finest hour” as pro bono tort attorneys collaborated with Congressional leaders to craft the $7 billion victims’ compensation fund.

Boyle shares how lawyers from across the country came together and rushed to head off potentially pointless class action suits in favor of protecting victims, survivors, and their families in apparent contrast to everything he’s ever stood for. What would be the point of winning a judgment if there were no one who could pay? It was a time when everything changed for tort law.

Boyle’s tale coincides with the 20th anniversary of the most horrifying mass murder of our generation. The behind-the-scenes race to protect and provide for families is a story rarely told but truly represents the work so many in tort and workers’ comp law do. Don’t miss this episode.

Special thanks to our sponsor PInow.com.

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“A Patriotic Obligation”: Kenneth Feinberg and the 9/11 Fund

Wed, 15 Sep 2021 14:00:00 -0000

Guest Kenneth Feinberg was appointed by President George W. Bush to administer the September 11th Victim Compensation Fund after one of our greatest tragedies. In a very special episode of Workers’ Comp Matters, he shares how his team raced to administer $7.1 billion to families and victims of the 2001 terror attacks.

Feinberg compares the unique, Congressionally mandated process to current Workers’ Compensation and the raw emotions that made his charge painfully difficult. Working with thousands of survivors and injured victims, his team worked thr`ough their anger, sadness, and skepticism to resolve virtually every claim in 33 months. He calls his pro bono service “a patriotic obligation.”

The podcast is the first of two commemorating the 20th anniversary of the 9/11 tragedy and how a nation came together to support the victims, grieve, and heal.

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WWE Smackdown- Are Professional Wrestlers Employees?

Tue, 31 Aug 2021 14:00:00 -0000

In the potentially dangerous spectacle of big time WWE pro wrestling, performers work without Workers’ Comp or other recourse. Guest Mary Catena, a scholar and attorney, studies the issue.

While the WWE has successfully argued wrestlers are contract workers, Catena sees cracks in the wall. What might a favorable ruling mean for other contract workers – and employers?

Special thanks to our sponsor PInow.com.

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The “Going and Coming” Rule and the “Level Floor” Doctrine

Fri, 30 Jul 2021 14:00:00 -0000

Workers’ compensation law is full of doctrines, some easier than others to understand. To help clarify the specifics of two particular doctrines 一 the “going and coming” rule and the “level floor” doctrine 一 Judson Pierce takes the opportunity to interview Alan S. Pierce to get a detailed look at how these two doctrines operate.

Special thanks to our sponsor, PInow.

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Who Pays When Company Outings Lead to Injury?

Wed, 26 May 2021 22:07:09 -0000

As employers look to reconnect with their teams, Judson and Alan Pierce tackle the worker’s comp doctrine of recreational injuries. Special thanks to our sponsor, PInow.

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Extraordinary Courage in the Face of Injustice

Wed, 28 Apr 2021 14:00:00 -0000

The filmmaker behind the documentary ‘Radium Girls’ brings to life the inspiring and tragic tale of the teenage dial painters during WWI. Special thanks to our sponsor, PInow.

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How Voc Rehab Helps Injured Workers Recover on the Job Front

Wed, 31 Mar 2021 17:39:23 -0000

Counselor Rhonda Jellenik shares how the pandemic and disruptive technology is impacting workers with debilitating injuries and illnesses.

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Presumptions in the Age of Covid-19

Fri, 26 Feb 2021 23:40:49 -0000

Prof. Michael Duff breaks down the three presumptions guiding workers’ comp cases and issues arising out of Covid-19-related claims.

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The Future of Work: Utopia or Dystopia?

Wed, 27 Jan 2021 16:00:00 -0000

With a gig economy still spurring increases in temp and contract jobs, guest Darrell West explains why America needs a new social contract.

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The Year that Was in Workers Comp

Wed, 23 Dec 2020 15:30:00 -0000

Emily Spieler dismisses hype that Covid-19 will crush workers’ comp systems. But, though claims haven’t materialized, all still isn’t well.

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Want to Improve Performance? Take a Break

Tue, 10 Nov 2020 19:04:37 -0000

Encouraging a recharge will keep teams motivated. But if the boss presses ahead with no breaks, so will the team, sacrificing performance.

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Up in the Air: When Uniforms are Toxic

Thu, 24 Sep 2020 14:00:00 -0000

The client count is rising for Bruce Maxwell and Thomas Holder, who learned new uniforms were making flight attendants sick.

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Legislative Primer: What Lawyers Can Do to Push for Worker-Friendly Laws

Fri, 28 Aug 2020 14:00:00 -0000

Maritime lawyer Amie Peters updates host Judson Pierce on the state of federal advocacy for the essential workers risking their lives.

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Are Foreign Governments Responsible for Worker Safety in the US?

Wed, 22 Jul 2020 16:46:12 -0000

A workplace injury at a Canadian consulate in Boston raises key questions about when foreign governments have to comply with U.S. employment laws.

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Medical Marijuana Reimbursement in Workers’ Compensation Systems

Tue, 16 Jun 2020 20:03:05 -0000

George Flores shares insights from his article “Lewis and Bourgoin: The Growing Divide Over Reimbursement for Medical Marijuana in the Workers’ Compensation System.”

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QCARE Designation: What it Means for Texas Injury Benefit Programs

Wed, 06 May 2020 17:23:07 -0000

Bill Minick explains the QCARE designation for Texas employers who have opted out of traditional workers’ comp programs.

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Impacts of COVID-19 on Workers’ Compensation

Thu, 02 Apr 2020 17:35:22 -0000

Amie Peters and Mack Babcock answer common workers’ comp questions arising from the pandemic.

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How Inspiring Others Makes You a Better Lawyer

Thu, 23 Jan 2020 18:15:40 -0000

Michael Fanuele shares how lawyers can apply tactics from his book, “Stop Making Sense: The Art of Inspiring Anybody,” to improve their legal practices.

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Workers’ Comp Clients: When to Seek Counsel

Tue, 17 Dec 2019 21:24:35 -0000

Bernard Nomberg offers insights for injured workers on when and how to go about seeking legal advice for workers’ comp cases.

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Defining Employment Relationships in the Gig Economy–Can It Be Done?

Tue, 03 Dec 2019 17:44:55 -0000

Roger Finderson explains the nuances of employee-employer relationships in the gig economy.

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Pooled Special Needs Trusts: Low-Cost Asset Management for Injured Workers

Mon, 04 Nov 2019 20:02:24 -0000

Andrew Reinhardt and Joanne Marcus discuss the benefits of pooled special needs trusts for injured workers with disabilities.

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Peter Rousmaniere: Reflections from a Career in Workers’ Comp

Fri, 04 Oct 2019 18:38:37 -0000

Peter Rousmaniere shares insights from his career as a workers’ comp consultant and journalist.

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Examining State Variations in Opioid Dispensation with WCRI’s Dr. Vennela Thumula

Fri, 30 Aug 2019 21:17:31 -0000

Dr. Vennela Thumula gives an overview of the recently published study, Interstate Variations in Dispensing of Opioids, 5th Edition.

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Health Insurance and Outcomes of Injured Workers

Wed, 31 Jul 2019 17:04:02 -0000

Bogdan Savych discusses his study into how recent changes in the health insurance landscape affect outcomes for injured workers.

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The Evolution of Workers’ Compensation with Alan Pierce

Fri, 28 Jun 2019 17:11:51 -0000

Alan Pierce reflects on his career spanning 50 years in the area of worker’s compensation and discusses needed changes in current systems.

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Putting Workers Comp Policies Under the Microscope

Thu, 30 May 2019 21:39:31 -0000

Every year, the Workers Compensation Research Institute releases its CompScope Benchmarks report, measuring the performance of workers’ compensation systems across 18 states. The data found therein provides insights into how the different systems compare and reveals trends that can be invaluable to policymakers. WCRI executive vice president Ramona Tanabe joins host Alan Pierce to discuss WCRI’s work and to share some of the most interesting trends her organization is seeing in the field today.

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Drug Formularies in Workers’ Comp—Good for Injured Workers?

Thu, 25 Apr 2019 18:36:34 -0000

Host Alan Pierce talks to Tom Holder about the role of drug formularies in workers’ compensation. Drug formularies are put in place by insurance companies to regulate the amount and duration of medications for injured workers. Are these helpful in lessening medical costs, or are they a burden for workers and their doctors? Alan and Tom discuss the many issues surrounding drug formularies and their pros and cons in relation to overall medical care costs and quality of care for injured workers.

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Subrogation and Workers’ Compensation Liens on Third Party Settlements.

Wed, 03 Apr 2019 15:00:00 -0000

Host Alan Pierce welcomes Cathy Surbeck to discuss subrogation and liens on third party settlements. Subrogation refers to instances where an insurance company steps into the injured worker’s shoes to sue a third party. They explain the variables involved in these matters and give specific examples of how processes differ in various states.

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Wage Theft: From Investigation to Resolution

Wed, 20 Feb 2019 17:44:19 -0000

In this episode, host Alan Pierce talks to Karla Zarbo, an assistant attorney general in the fair labor division of the Massachusetts office of Attorney General Maura Healey. They discuss wage theft and its related issues and talk about the processes involved in investigating the many types of wage complaints. They also discuss the challenges immigrants face in receiving fair wages and what protections are in place for this particularly vulnerable group of workers.

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History of Workers’ Compensation with John F. Burton, Jr.

Fri, 28 Dec 2018 21:59:33 -0000

To have a deep understanding of workers’ compensation, lawyers need to know how it has evolved in our country. In this episode, host Alan Pierce talks to John F. Burton, Jr. about his career as a workers’ compensation expert, which has spanned over 50 years. They discuss the history of workers’ compensation, outlining its legal evolution through different political and economic eras in the United States.

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How Millennials and Work Remotes are Impacting Workers' Comp

Thu, 29 Nov 2018 22:57:07 -0000

By 2019 millennials will outnumber Baby Boomers in the United States. The amount of American workers working for themselves is expected to triple to 42 million by 2020 with 42% of them estimated to be millennials. Guest host, Judson Pierce is joined by Ryan Benharris of the Law Offices of Deborah G. Kohl, as they explore the millennial aka the “Cut Back Generation”, discuss the gig economy, millennials vs. boomers, and how working remotely affects workers’ compensation.

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Nursing The Wound: The Law and Ethics of Disability Management in Workers Compensation

Tue, 30 Oct 2018 19:16:17 -0000

Nurse case managers are often viewed with some suspicion by claimants and their lawyers, but a wider perspective is needed to understand the virtues of their profession. Host Alan Pierce talks to Justin Beck about his paper, “Nursing The Wound: The Law and Ethics of Disability Management in Workers Compensation.” They discuss the role of nurse case managers and highlight the ways they promote synergy between the carriers, providers, and patients involved in a claim.

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Controversy Over the AMA Guides, Sixth Edition

Fri, 28 Sep 2018 17:37:56 -0000

The AMA Guides to the Evaluation of Permanent Impairment is used in workers’ compensation to rate impairment, but the most recent edition is causing some to question its reliability. Host Alan Pierce debates with Chris Brigham about the sixth edition of the AMA Guides Impairment. They cover the primary objectives of both sides and highlight the difference between impairment and disability, including what factors are relevant in determining the outcome of a case.

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The Attorney's Role in Workers Compensation

Tue, 28 Aug 2018 18:48:55 -0000

Employees who are confronted by workers’ compensation claims for the first time can be overwhelmed by the legal process, but attorneys are there to help. Host Alan Pierce talks to certified specialist Bob Wisniewski about the experience of a workers’ compensation attorney and the most common reasons why an injured worker would seek out legal representation for a claim.

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Opioid Alternative Treatment Pathway

Thu, 28 Jun 2018 19:11:17 -0000

Massachusetts’ Department of Industrial Accident (DIA) is launching a two year pilot program called the Opioid Alternative Treatment Pathway (OATP). This program will allow attorneys, judges, and injured workers within the DIA system quicker access to medical professionals in the case of opioid dependency. Host Alan Pierce talks to Judge Omar Hernández about the program, how it works, and how it helps address the opioid epidemic.

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Are Student Athletes Eligible for Workers Comp?

Mon, 21 May 2018 20:02:19 -0000

Are there any situations in which an injured student athlete could be awarded workers’ compensation? In this episode of Workers Comp Matters, host Alan Pierce talks to Taylor O’Toole about the debate on whether student athletes at larger universities should be considered employees and, as such, should be entitled to workers’ comp. To cover the topic they take a look at significant cases that have challenged the NCAA’s tradition of amateurism and address the arguments that have been made both for and against student athletes as employees.

Taylor O'Toole is a J.D. Candidate at Pennsylvania State University, Penn State Law.

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Changes to Workers Comp Coverage in the Political Climate

Tue, 24 Apr 2018 17:56:10 -0000

Host Alan Pierce talks to Rick Victor about the major changes the workers compensation system has experienced and the new conflicts injured workers are dealing with. They also look to the future and attempt to interpret how the appeal of Obamacare, the labor shortage, and the current immigration policies will affect the workers’ comp industry.

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Technology's Impact on the Future of the Labor Force

Thu, 29 Mar 2018 17:01:19 -0000

Alan Pierce talks to Erica Groshen, head of the U.S. Bureau of Labor Statistics, about the trends that characterize the future of the U.S. workforce and how robotics and artificial intelligence will also have an impact on employment. Some of the trends they discuss include the fuzzy definition of what an employee is, a growing gig economy, and independent contractors versus traditional employment.

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Dealing with Chronic Pain in the Workplace

Thu, 22 Feb 2018 17:25:04 -0000

“Pain is inevitable, suffering is optional.” - George Beilin

When chronic pain hits it feels like the most important thing in your life, but it doesn’t have to control you. In this episode of Workers Comp Matters, host Alan Pierce talks to George Beilin about the different methods of measuring pain and the importance of coping with pain in a healthy way. George also shares his personal experience with crippling pain and how humor played a role in his recovery.

Dr. George Beilin is a seasoned licensed psychologist who specializes in the treatment of people with chronic pain, coexisting anxiety, and depression.

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Does Workers' Compensation Cover Hate Crimes in the Workplace?

Wed, 31 Jan 2018 18:44:47 -0000

For those who work at Planned Parenthood, there is increased risk of assault and harassment within the workplace, but if employees are attacked are they covered by workers’ compensation? In this episode of Workers Comp Matters, host Alan Pierce talks to Kyle Black about what is legally considered a hate crime and the various factors and risks that affect whether or not a hate crime case meets the criteria for compensability. They also discuss a Pennsylvania statute and the significant difference the varied interpretations, whether “reasons personal” is personal to the assailant or victim, really makes.

Kyle Black is an associate in the Pittsburgh office of Lewis Brisbois and a member of the commercial litigation, data privacy & cybersecurity, general liability, and employment & labor practices.

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New York Workers’ Compensation Changes in 2017

Sat, 30 Dec 2017 01:01:38 -0000

Workers’ compensation is one area of law that’s constantly adapting to the society around it. Some of the changes it goes through are for the better, while others are challenged by both injured workers and the attorneys that represent them. In this episode of Workers Comp Matters, host Alan Pierce talks to Michael Gruber about the controversial changes to New York’s workers’ comp rules that were put into place earlier this year. They explain the budget changes that lead to the shift in impairment guidelines, the secrecy of the decision process, and the resulting backlash. They also discuss what national workers’ comp issues will likely draw the most attention in 2018 including marijuana, opioids, and immigration.

Michael Gruber, a partner at Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP, handles workers compensation cases for the firm.

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Workers Comp Claims in Professional Sports

Thu, 30 Nov 2017 23:24:26 -0000

Representing professional athletes as a workers’ compensation lawyer comes with its own unique set of challenges. In this episode of Workers Comp Matters, host Alan Pierce talks to Gerry Carney about some of these challenges including the jurisdictional aspects of a case that can maximize or minimize benefits. Gerry also discusses some of the Chronic Traumatic Encephalopathy (CTE) and head injury claims he’s seen and his view of the class action lawsuit filed against the NFL that was recently settled.

Gerard Carney is the founder of Carney Law Firm and has dedicated his entire career to the representation of injured workers and their families.

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Social Security Disability Claims

Mon, 30 Oct 2017 19:22:22 -0000

For people with long term medical conditions that are expected to keep them from working for more than a year, Social Security will sometimes pay disability benefits. In this episode of Workers Comp Matters, host Alan Pierce talks to Janice Skillings-Goff about social security disability claims including who’s qualified to make these claims, eligibility requirements, and what to do if a social security claim is denied. They also discuss the role of an attorney in challenging a denial and how an average hearing is conducted.

Janice Skillings-Goff is a workers compensation attorney at Alan S. Pierce & Associates in Salem, Massachusetts.

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Workers’ Compensation for Performing Artists

Fri, 29 Sep 2017 20:05:16 -0000

In 2011, opera singer Wendy White fell from a platform eight feet above the stage during a performance. She suffered no broken bones, but resulting nerve damage prevented her from singing professionally and, because of these injuries, she moved to sue. But the Metropolitan opera claimed she was an employee that was simply doing her normal duties. Her case reflects some of the complexities surrounding workers’ compensation for performing artists. In this episode of Workers Comp Matters, host Alan Pierce talks to Justin Beck about the entitlement of performing artists to workers’ compensation. Their discussion incorporates exclusions in commercial general liability policy, the difference between star performers and the ensemble, and relevant cases, like Wendy White’s.

Justin Beck is a law clerk at Thomas, Thomas & Hafer LLP in Pittsburgh, Pennsylvania. He concentrates his research and work in the area of workers’ compensation and employer's’ defense.

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The Fact-Driven Complexities of Personal Comfort Doctrine

Thu, 31 Aug 2017 18:58:07 -0000

In the age-old battle of employee versus vending machine, who wins workers’ comp? In this episode of Workers Comp Matters, host Judson Pierce talks to Alan Pierce about personal comfort doctrine including what it is, factors that affect the outcome, and what acts are not compensable (like punching vending machines). They also discuss interesting personal comfort doctrine cases and why each case is unique based on the jurisdiction and facts involved .

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Constitutional Challenges to State Workers’ Compensation Laws

Mon, 31 Jul 2017 23:25:05 -0000

In this episode of Workers Comp Matters, host Judd Pierce talks to Alan Pierce about workers’ compensation laws that are affected by constitutional law. Their conversation dives into notable cases that speak to this issue and how this issue has developed over the years, including how the judiciary, particularly the appellate courts, get involved.

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How the Pawlosky Case Redefined Workplace Injury

Wed, 28 Jun 2017 15:56:46 -0000

Nowadays, if bakers contract asthma due to flour inhalation, they will almost certainly receive workers’ compensation. But this wasn’t always the case as it was a question of pre existing conditions. In this episode of Workers Comp Matters, host Alan Pierce talks to Justin Beck and Vincent Quatrini about Pawlosky v. W.C.A.B. and how the case set a new precedent for burden of proof and causation standards. They also discuss the outcome and lasting legacy of the case, including how it affects lawyers today.

Justin Beck is a law clerk at Thomas, Thomas & Hafer LLP in Pittsburgh, Pennsylvania. He concentrates his research and work in the area of workers’ compensation and employers’ defense.

Vincent J. Quatrini, Jr. is a founding partner at Quatrini Rafferty and serves as managing partner. He concentrates his practice in the area of workers' compensation and the representation of injured workers exclusively.

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Third Party Liability Waivers

Wed, 31 May 2017 19:17:44 -0000

We’ve all clicked through the terms of agreement without a second glance, which means we’ve also waived some of our rights without a second glance. In this Workers’ Comp Matters, host Alan Pierce talks to Alex Lonnett about third party liability waivers in employee contracts and how both insurance companies and lawyers are reacting to them. They also discuss the Vitale v. Jefferson Insurance Company of New York case and how rights waivers are affected by a modern workforce.

Alex Lonnett is a third-year student at the University of Pittsburgh School of Law where he was the first-place winner of the 2016 College of Workers' Compensation Lawyers' Student Writing Contest. His winning paper extensively examined the issue of third-party liability waivers in employment contracts.

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How Frances Perkins Impacted Workers’ Compensation

Wed, 26 Apr 2017 17:15:00 -0000

Frances Perkins, as FDR’s Secretary of Labor and the first woman appointed to the U.S. Cabinet, gave her voice to industrial workers and their safety, helping to establish the New Deal in response to the Great Depression. In this episode of Workers’ Comp Matters, host Alan Pierce talks to Chris Breiseth, chair of the Frances Perkins Center, and Tomlin Perkins Coggeshall, Frances Perkins’ grandson, about the effect she had on worker’s compensation and safety. Also, tune in to hear what made her more than just the Secretary of Labor.

Christopher Breiseth is the board chair of the Frances Perkins Center and the immediate past president and CEO of the Franklin and Eleanor Roosevelt Institute.

Tomlin Perkins Coggeshall has worked in publishing and marketing, mostly in the alternative energy field, focusing on hydrogen and clean energy.

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National Implications of Opt Out in Workers’ Compensation (Rebroadcast)

Thu, 30 Mar 2017 17:55:07 -0000

In this rebroadcast episode of Workers Comp Matters, host Alan Pierce interviews attorney, author, and historian Bob Burke about the implications of opt out programs. Together, they discuss the effects on workers, taxpayers, and even the court system as these new systems are put into place. Stay tuned, as both Alan and Bob reveal the primary movers for opt out as well as predictions for future public acceptance.

Bob Burke is an attorney, author, and historian with over 30 years of experience practicing law in workers’ compensation matters.

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Are Workers’ Comp Benefits Adequate?

Thu, 23 Feb 2017 17:28:18 -0000

If a worker is injured on the job, workers’ comp benefits are provided so they can support themselves while unable to work. But do these benefits properly support injured individuals immediately and over long periods of injury? In this episode of Workers Comp Matters, host Alan Pierce talks to Peter Rousmaniere about whether workers’ compensation benefits truly meet the needs of injured workers. In their discussion, they dissect waiting periods, weekly benefit caps, and the sustainability of these benefits for the injured employee. According to Peter’s research weekly benefit caps can be disadvantageous to workers who earn a high income or work overtime. In the conclusion of the episode, Peter offers more resources, including his own study “The Uncompensated Worker.”

Peter Rousmaniere helps organizations and individuals as they negotiate through the troubling waters of hazards, uncertainty, risk, and insurance. He specializes in workers’ compensation, other corporate types of insurance, new risk management product design and implementation, information technology, and risk communication.

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How the Trump Administration will Affect Workers’ Compensation

Mon, 30 Jan 2017 20:33:29 -0000

President Trump’s administration will no doubt herald significant change for the nation, but what will the change mean for workers’ compensation? In this episode of Workers’ Comp Matters, host Alan Pierce speaks to Peter Rousmaniere, consultant and award winning author on workers compensation, about the potential effect of President Trump, his administration, and a Republican majority in Congress on state-based workers’ comp programs. During their discussion they cover misclassification, immigration, and the Affordable Care Act (also known as Obamacare). They conclude with a conversation about the opt out movement and the biggest errors made by opt out advocates.

Peter Rousmaniere helps organizations and individuals as they negotiate through the troubling waters of hazards, uncertainty, risk, and insurance. He specializes in workers compensation, other corporate types of insurance, new risk management product design and implementation, information technology, and risk communication.

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Workers’ Comp from the Other Side: Pain Management (Rebroadcast)

Fri, 30 Dec 2016 22:00:24 -0000

In this republished episode of Workers Comp Matters, host Alan Pierce speaks with Rebecca Curtis about her work-related injury, her road to recovery, and the company she founded to help other injured workers like herself. Rebecca recalls her car accident during a trip home from a speaking engagement and how it left her with a spinal fracture and no feeling from the neck down. She opens up about her surgeries, having to learn to walk again, and the excellent workers’ compensation services and support she received.

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Workers’ Comp from the Other Side: Pain Management (Rebroadcast)

Mon, 31 Oct 2016 23:04:12 -0000

Many people have a negative perception of the benefits and treatment one receives through the workers’ compensation system. What examples are there of the system working, and what can injured workers do to help proactively manage their pain as they recover? In this episode of Workers Comp Matters, host Alan Pierce speaks with Rebecca Curtis about her work-related injury, her road to recovery, and the company she founded to help other injured workers like herself.

Rebecca Curtis is the founder of Take Courage Coaching. She is an international speaker on chronic pain management, has been a regular speaker at PAINWeek®, and trains, coaches, and travels extensively speaking to medical groups about the role of coaching in pain management.

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Alternative Benefit Systems and the Future of Workers’ Compensation

Thu, 25 Aug 2016 14:00:00 -0000

Due to recent constitutional challenges to workers' compensation in certain states, a nationwide debate among legal professionals has been ignited. How has this system evolved over time and in what ways might it change in the future?

In this episode of Workers Comp Matters, guest host Judson Pierce speaks with Workers Injury Law & Advocacy Group President Alan Pierce about the future of the American workers’ compensation system. Alan talks about the recent scrutiny that workers’ compensation has been under and how increased visibility has sparked a national conversation regarding the system’s effectiveness. He reflects on the 1911 enactment of state-based workers’ compensation systems and lists the safety-focused goals of the institution. Alan analyzes the federal government's 1970s involvement in the system, mainly through the establishment of the Occupational Safety and Health Administration, and the national commission report issued in 1972 that broadened and increased benefit coverage. He explains how costs associated with the system eventually increased as benefits expanded and how this led to system reform in many states. Alan closes the interview by discussing the recent challenges to the constitutionality of the workers’ compensation system in some states and an investigation of the problems with employer established alternative benefit systems.

Alan S. Pierce has served as chairperson of the American Bar Association Workers’ Compensation Section and the Massachusetts Bar Association’s Section on Workers’ Compensation Law. He frequently lectures on workers’ compensation issues around the nation, and in 2007 became one of the first attorneys in the country to be inducted as a Fellow into the College of Workers’ Compensation Lawyers of the American Bar Association.

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Using Neuroplasticity to Manage Chronic Pain

Fri, 15 Jul 2016 15:45:00 -0000

Currently, there are very few non-pharmaceutical pain management options for workers suffering from neuropathic injuries. What advancements have been made in treatment techniques for patients who are looking to move away from opioid-based treatment?

In this episode of Workers Comp Matters, host Alan Pierce talks with Dr. Roberto Feliz about pain management and Scrambler Therapy. Roberto opens the interview by defining chronic pain and shares that the body maintaining localized inflammation within the tissue is how acute pain transforms into chronic pain. He states that the continued bombardment of pain signals to your spinal cord and central nervous system forces the neurons in your brain to change and form new neural connections. Roberto explains that Scrambler Therapy, a pain management technique that blocks pain signal transmission and provides non-pain information to the affected nerve fibers, aims to deceive the brain into reading the pain signals in a different way. He analyzes what types of pain respond well to this therapy style and what pain types, like degenerative arthritis, do not. Roberto closes the interview with a comparison of how accepting private insurance and workers’ comp services are of this new therapy and discusses the cost and frequency of treatment.

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Workers’ Comp from the Other Side: Pain Management

Thu, 23 Jun 2016 16:08:14 -0000

In this episode of Workers Comp Matters, host Alan Pierce speaks with Rebecca Curtis about her work-related injury, her road to recovery, and the company she founded to help other injured workers like herself. Rebecca recalls her car accident during a trip home from a speaking engagement and how it left her with a spinal fracture and no feeling from the neck down. She opens up about her surgeries, having to learn to walk again, and the excellent workers’ compensation services and support she received. Rebecca also provides insight into her battle with pain management during her recovery process and how a program helped her to realize that there are many options available for pain management. She closes the interview with a discussion on how this experience inspired her to start her company, Take Courage Coaching, and dedicate her life to helping others struggling to manage chronic pain.

Rebecca Curtis is the founder of Take Courage Coaching. She is an international speaker on chronic pain management, has been a regular speaker at PAINWeek®, and trains, coaches, and travels extensively speaking to medical groups about the role of coaching in pain management.

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The International Association of Industrial Accident Boards and Commissions

Fri, 10 Jun 2016 18:22:53 -0000

Recently, a few states have pushed for the ability to allow companies to remove themselves from the state-regulated workers’ compensation system. What effects would this have on employers and their employees? What discussions are being had about the repercussions these employer-designed benefit packages could have on workers’ compensation in America?

In this episode of Workers Comp Matters, host Alan Pierce talks with Jennifer Wolf Horejsh about the International Association of Industrial Accident Boards and Commissions (IAIABC) and the recent challenges to workers’ compensation in the United States. Jennifer begins the interview by stating that the mission of the IAIABC is to advance the efficiency and effectiveness of workers’ comp systems around the world. The organization aims to connect industry professionals to identify emerging issues, develop resources, and reinforce the social purpose of workers’ compensation programs. She gives a brief history of the origins of the IAIABC, an overview of their membership numbers around the world, and reflects on her background and how she became executive director of the IAIABC. She talks about the first national conversation on workers’ comp hosted by the IAIABC at their most recent conference and closes the interview with an analysis of the recently proposed employer-designed optout benefit plans, a system of alternatives to workers’ comp, and their potential effects for the average employee.

Jennifer Wolf Horejsh has been with the IAIABC since 2002 and has served as executive director since 2012. She works closely with the IAIABC Board of Directors to implement initiatives that enhance the association’s reputation as a global expert on the regulation and administration of workers’ compensation. Jennifer closely monitors industry developments and trends, using this information to develop conference and educational content and respond to member questions and information requests. Jennifer has written articles and presented on various worker’s compensation topics.

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National Implications of Opt Out in Workers’ Compensation

Fri, 19 Feb 2016 19:19:12 -0000

In recent years, opt out alternatives to workers’ compensation have become increasingly popular systems for handling work-related injuries. Under an opt out program, employers are allowed to create their own system for taking care of employees that are injured on the job. To date, only Texas and Oklahoma allow employers to participate, but the list of interested states is continuing to grow. Despite the growing popularity, many are concerned that opt out programs will change the landscape of workers’ compensation for the worse and will incur unexpected costs both inside and outside the states that permit them.

In this episode of Workers Comp Matters, host Alan Pierce interviews attorney, author, and historian Bob Burke about the implications of opt out programs. Together, they discuss the effects on workers, taxpayers, and even the court system as these new systems are put into place. Stay tuned, as both Alan and Bob reveal the primary movers for opt out as well as predictions for future public acceptance.

Bob Burke is an attorney, author, and historian with over 30 years of experience practicing law in workers’ compensation matters. He is the former secretary of commerce and principal adviser on workers’ compensation during the administration of then-Oklahoma Governor David Boren. In 2011, he re-wrote the entire worker’s compensation law (Title 85) in Oklahoma as part of current Oklahoma Governor Mary Fallin’s reform. Burke has also been a speaker for over 100 CLE Seminars.

Opt Out Issues Discussed:

Statute of limitations for filing a grievance
Injuries excluded from coverage
Workplace incidents excluded from coverage
Medical procedures excluded from coverage
Home health care limitations
Taxpayer liability both inside and outside participating states

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What Stahl v. Hialeah Hospital Means for Florida’s Workers’ Compensation Laws

Thu, 28 Jan 2016 22:08:43 -0000

In 1911, the U.S. created the first state-based workers’ compensation laws as a legislative solution between labor and management. In this “grand bargain,” employers provide compensation to employees injured on the job and in exchange employees don’t sue the employers for negligence. The current case of Stahl v. Hialeah Hospital questions whether Florida’s compensation laws still provide adequate remuneration to injured workers. What could this case really mean for Florida’s state legislature?

In this episode of Workers Comp Matters, Alan Pierce interviews Mark Zientz, claimants' attorney for Stahl v. Hialeah, about the history of state workers’ compensation laws, legislative changes made in the 1970s, and the potential ramifications of three Florida cases pending at the appellate level. Together, they discuss contributory negligence vs. comparative negligence states and the creation of an OSHA commission to study the adequacy of workers’ compensation laws in the 1970s. Pierce and Zientz then move on to current cases in Florida, including Westphal v. St. Petersburg, Castellanos v. Next Door Company, and Stahl v. Hialeah Hospital. These cases question whether the compensation system is still an adequate replacement for the tort system which it supplanted. In other words, is workers’ compensation in Florida no longer constitutional?

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Section 28 of the MA Workers’ Comp Statute: Serious and Willful Employer Misconduct

Wed, 12 Aug 2015 20:23:23 -0000

Alan Pierce interviews attorney Martin Buzz Schneider, who represents insurers and companies in workers’ compensation claims, about Section 28 of Massachusetts’ workers’ compensation statute and the nature of serious and willful misconduct.

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2015 Workers’ Compensation Research Institute Conference: Perverse Effects of Low Fee Schedules

Wed, 27 May 2015 18:12:27 -0000

In this episode of Workers Comp Matters, Alan Pierce and Dr. Rebecca Yang discuss low and high fee schedules, how workers’ compensation fee schedule rates compare with Medicare and group health reimbursement rates, and why lower rates do not necessarily result in lower overall costs. Yang explains how lack of access to care, indemnity benefits, and litigation can lead to higher workers’ compensation costs when fee schedules are set too low. Additionally, in some jurisdictions, medical providers have recovered costs through physician dispensing, changing treatment or billing behavior, and denying care to workers’ comp patients. However, Yang says, if the fee schedule level is too high, there is a problem of medical cost containment. Tune in to hear more about the importance of carefully balancing fee schedule rates for workers’ compensation.

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2015 Workers Compensation Research Institute Conference: Cost and Impacts of Physician Dispensing Drugs

Tue, 05 May 2015 21:01:51 -0000

Workers Comp Matters host Alan Pierce attended the conference and sat down with two panelists to further discuss their panel topics. Dongchun Wang of WCRI discusses her research, the frequency and cost of physician dispensing and how it impacts workers compensation claim costs. The study analyzed reforms in the regulation of physician’s ability to dispense drugs across several states. Dr. Vennela Thumla of WCRI talks about her study on the relationship between physician dispensing and unnecessary opioid use (only in the state of Florida). She explains why this research is important and gives examples of opioid alternatives that emerged after a particular reform. Special thanks to our sponsors, Casepacer and PInow.

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Chronic Pain, Opioid Addiction, and Injured Workers

Thu, 26 Mar 2015 18:00:00 -0000

In this episode of Workers Comp Matters, Alan Pierce interviews Dr. Joel Martin about the association between chronic pain and opioid addiction, alternative treatments to long-term opioid prescription, and how his company, Summit Pharmacy, works to help injured workers and has guidelines to recognize potential overuse. Dr. Martin describes the need for a mental evaluation of a patient for depression or a history of addiction before prescribing highly addictive products. He discusses alternatives such as anti-seizure medication, anti-inflammatory drugs, muscle relaxants, and antidepressants as well as cognitive behavioral therapy, physical therapy, exercise therapy, and acupuncture. In the end, Dr. Martin says, it is the chronic pain issue that the medical, legal, and criminal community need to address. Special thanks to our sponsor, Case Pacer.

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FECA and Workers Compensation for Federal Employees

Thu, 26 Feb 2015 20:09:23 -0000

In this episode of Workers Comp Matters, Alan Pierce interviews attorney Steven Brown at the Workers’ Injury Law and Advocacy Group’s Conference. Brown talks about the differences between FECA benefits and state laws. Pierce and Brown discuss total disability versus partial disability, indemnity benefits and medical benefits, rates based on income, and the problems with the federal system of workers compensation benefits. In addition, Brown tells listeners about claims examiners, the first line of payment, and how the DFEC addresses denial and appeals. For any lawyer or federal employee interested in this area of workers compensation, Brown addresses how these laws work and the administrative process.

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Black Lung Disease: Coal Miners, Their Disability, and The Quantum of Proof

Fri, 30 Jan 2015 21:45:00 -0000

In 1969, Congress passed the Federal Coal Mine Health and Safety Act to help miners who, as a result of their work, developed pneumoconiosis, an occupational sickness more commonly known as black lung disease. The Act provides medical and financial benefits for those who qualify as well as death benefits for their beneficiaries. On this episode of Workers Comp Matters, host Alan Pierce interviews Joseph E. Allman, an expert trial attorney from Indiana. Together they discuss the causes of black lung disease, its latent or progressive manifestation, and legal presumptions based on years of exposure. In some cases, representation for plaintiffs can be free of charge. Tune in to learn more about determination of disability, administrative hearings, and the concept of responsible operator. Don’t forget to wait for the Case of The Day, where Alan reveals the dangers of smoking marijuana and working with bears.

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Overtime and the Fair Labor Standards Act

Tue, 30 Dec 2014 18:45:00 -0000

The Fair Labor Standards Act (FLSA) is often overlooked as a part of workers' compensation because it does not involve injury. The FLSA was a job creation bill passed in the 1930s that requires all employers in the United States to pay employees time-and-a-half, or 1.5 times their normal rate applied to every hour worked in overtime. As probably every worker knows, overtime starts after 40 hours of work per week. This is a federal statute that applies in every state to every worker, although 29 states have their own Wage and Hour laws. Who is exempt from the FLSA, how is this law enforced, and what related issues arise?

In this episode of Workers Comp Matters, host Alan Pierce interviews Michael Galpern, a workers' compensation lawyer who specializes in the Wage and Hour area of the law. Together they discuss the importance of the FLSA, what types of managerial positions are exempt from the law, and how the Departments of Labor enforce the law. Galpern explains the issues that arise with tipped employees and cash methods of compensation. If an employee has suffered an infraction or violation of the FLSA, he urges them to find a lawyer. The attorney will know what questions to ask of the employer and what documents to require for discovery. Furthermore, the defendant must pay for the attorney if the case is ruled in favor of the plaintiff. Galpern gives an example of a case, Stillman versus Staples, in which Staples had classified many of their assistant managers as managers and claimed them exempt from the FLSA. Tune in to hear the exciting verdict. Overall, Galpern emphasizes that every job in the United States is covered under the FLSA; some jobs may be covered and exempted, but all are initially covered.

Michael Galpern is the Co-Managing Partner and Chairman of the Wage and Hour department of the Locks Law Firm in Cherry Hill, New Jersey. Galpern is also the new president of the Workers Injury Law and Advocacy Group (WILG) and the past president of the New Jersey Association for Justice. Galpern has also been an invited lecturer on numerous occasions, speaking on subjects related to civil litigation and complex torts.

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Has Workers Compensation Become Unconstitutional?

Fri, 28 Nov 2014 18:12:15 -0000

About 100 years ago, a Workers Compensation System was created in the United States with a quid pro quo principle. The employers of injured workers were not liable for general damages such as pain and suffering in exchange for the guarantee of "adequate and reasonable" medical treatment and temporary wage replacement during the period of disability. Over the last twenty years, there has been an erosion of these workers comp benefit systems. Recently, there have been several cases in Florida questioning whether workers compensation benefits are still reasonable and adequate. Claimant attorneys are calling this the "tipping point." The question remains, how far can employers and insurance agencies reduce and restrict medical aid and wage replacement before the system becomes unconstitutional?

In this episode of Workers Comp Matters, Alan Pierce interviews workers compensation attorney Charles Davoli about what the "tipping point" means, the policies insurance agencies are putting into place, how legislators and laws are changing, and how workers compensation is being affected. Davoli begins by explaining the no-fault workers comp system that was created in order to provide injured workers with medical treatment and wage replacement in exchange for reducing their rights to sue the company. He then describes the erosion, or deform of the benefits and systems over the past twenty years in order for the insurance companies to stay profitable. There has been an increase in benefits for medical versus indemnity, medical fee guidelines, restrictive fee schedules, and peer reviews, all creating what Davoli portrays as a lot of litigious and controversial questions in workers comp. He then discusses the circuit court judgement in the Padgett v. State of Florida case and the 14th Amendment. Davoli's goal is to bring awareness to the public about cost shifting from the employers to the public via taxpayers and insurance premiums via policyholders. If well informed of this, taxpayers and policyholders alike should be outraged.

Charles Davoli practices with the law firm of Davoli, Krumholt, and Price and is the past president of the Workers Injury Law and Advocacy Group (WILG). WILG is a workers compensation association of claimant attorneys. Davoli has spoken on several occasions focusing on the "tipping point" of where the US is in the hundred year history of the rights of injured workers to get adequately, promptly, and justly compensated.

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Offsets and Overlaps in Workers’ Compensation and Social Security Disability Claims

Fri, 22 Aug 2014 20:05:34 -0000

When an employee has a debilitating accident at work, there are insurance and government benefits available to the employee and his or her family. Among the many benefits included are workers' compensation, Social Security Disability Insurance, Supplemental Security Income, and Medicare coverage. Despite the different sources and governing bodies, many of these federal, state, and municipal programs are interrelated with offsets and qualifying terms. Since the benefits and qualifications can differ from case-to-case and state-to-state, it can be difficult to figure out the bottom line without a lawyer.

In this episode of Workers Comp Matters, Alan Pierce interviews William Troupe, an expert attorney in the field of workers' compensation and Social Security Disability. They discuss Social Security Disability and the interrelationship with workers' compensation, and the varying laws concerning offsets of different benefits. They also discuss the formula of benefits received relative to Average Current Earnings (ACE) and auxiliary beneficiaries such as spouses and children. While this is all information that an employee should know, it is necessary to seek out an expert lawyer in any disability case that prevents someone from returning to work.

William Troupe is an attorney and owner of Troupe Law Office in Peabody, MA. He has 40 years experience in representing injured workers and their families both in workers' compensation and Social Security Disability cases. He is intricately involved with various bar associations and frequently lectures at continuing legal education programs. Troupe was recently inducted in the College of Workers' Compensation Lawyers.

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The Federal Laws that Affect Workers Compensation Claims

Mon, 16 Jun 2014 22:48:38 -0000

When a workers' compensation claim is made, there are many elements of federal law that get triggered. Among those elements are the Civil Rights Act of 1964, Family and Medical Leave Act, and Americans with Disabilities Act. As an employer, navigating these intersecting laws can be a challenging task while running a business. On this episode of Workers Comp Matters, host Alan Pierce interviews Melissa Fleischer from the HR Learning Center LLC. Together they discuss multiple federal components affecting workers' compensation claim rights and duties. In addition they talk about when workers can be terminated, healthcare commitments under COBRA, and unpaid leave. Tune in to learn more about different paperwork requirements under the different federal laws plus much much more.

Melissa Fleischer, Esq. is the President and Founder of HR Learning Center LLC with 20 years of law practice experience specializing in employment discrimination litigation. Her HR consulting firm specializes in providing workplace solutions and training to employers on a wide range of legal and human resource management issues. She was previously associated with Epstein Becker and Green in NYC and served as a chapter editor for the Family and Medical Leave Act Treatise, published by the Bureau of National Affairs. Ms. Fleischer is also an adjunct faculty member with the Professional Development Center at SUNY/Westchester Community College in Valhalla, New York and a member of the Society for Human Resource Management (SHRM).

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Employer Fraud and Recommendations from New York State Supreme Court’s Grand Jury Report

Mon, 19 May 2014 20:38:28 -0000

A recent Grand Jury Report from the New York State Supreme Court brought recommendations of change to handle Employer Fraud in Workers' Compensation. Among the recommended areas of change are the application process, criminal statutes, and the method of collecting data. On this episode of Workers Comp Matters, host Alan Pierce interviews Gilda Mariani of the Manhattan District Attorney's Office. Together they discuss the results of the Grand Jury Report and the subsequent victims of premium fraud. Tune in to learn more about employee classifications, the involuntary insurance market, and drivers of cost for workers' compensation insurance.

Gilda Mariani is with the New York County District Attorney's Office, having held supervisory positions including Deputy Chief of its former Frauds Bureau as well as Chief of its former Money Laundering and Tax Crimes Unit. She has had a significant role in drafting legislation, including the New York Money Laundering Statute and the misdemeanor crime of Providing a Juror with a Gratuity. She has conducted several investigations that have led to issuance of Reports by the New York County Grand Jury, including the Grand Jury Report released in March 2014 on workers' compensation reform. Mariani is also a recipient of the Robert M. Morgenthau Award by the District Attorneys Association of the State of New York.

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Medical Marijuana at Work: The Side Effects for Workers’ Compensation

Thu, 27 Feb 2014 20:47:56 -0000

With recreational and medical use of marijuana now approved in some states, concerns of workplace use are being raised. The impacts of this trend range from employee right to treatment and increased employer liability to OSHA regulations and ADA holdings. On this episode of Workers Comp Matters, host Alan Pierce discusses these issues along with medical studies, toxicology reports, and the intoxication defense with experts Jim Andrews and Albert Randall.

Jim Andrews has served as an executive in the pharmacy industry for the past 30 years. Currently, he is the Executive Vice President of Pharmacy Services for Healthcare Solutions and a frequent presenter on industry topics. He is also a renowned writer and thought leader in pharmacy journals.

Albert Randall is a principal at Franklin and Prokopik where his practice concentrates in employer defense for labor and employment, workers' compensation, tort liability, administrative and regulatory matters, and general civil litigation. He is also a member of the National Defense Lawyers Network and counsel to Maryland Motor Truck Association.

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WILG, MBA, and Attorney Generals: Meet the Lawyers Keeping the Workplace Safe

Fri, 07 Feb 2014 17:27:00 -0000

Are you concerned about workplace safety? Learn how lawyers from the Workers' Injury Law and Advocacy Group, Massachusetts Bar Association, and Office of the Louisiana Attorney General can help. In this episode of Workers Comp Matters, host Alan Pierce interviews Douglas Sheff, Chuck Davoli, and Will Green to reveal how attorneys are making a big impact in workplace safety.

Douglas Sheff is the current President of the Massachusetts Bar Association and the Senior Partner at Sheff Law. He has over 30 years experience in all aspects of personal injury law and is currently serving as the Chairman for both the Massachusetts Bar Association's Workplace Safety Task Force and the Massachusetts Academy of Trial Attorneys' Federal Legislation Committee.

Chuck Davoli is an attorney and sustaining board member for WILG and chairs its Workplace Safety and Occupational Disaster Committee. He is the Managing Partner for Davoli, Krumholt and Price and serves as a labor representative on the Louisiana Governor's Workers' Compensation Advisory Council.

Will Green is currently an Assistant Attorney General assigned to the Louisiana Workforce Commission Office of Workers' Compensation where he assists the Director of the Office of Workers' Compensation in developing and drafting legislation, rules, and policies for workers' compensation. In addition, he serves as general counsel to the Second Injury Board and is the former in-house counsel at Louisiana Workers' Compensation Corporation.

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Medical Treatment Guidelines for Injured Workers

Thu, 21 Nov 2013 19:58:13 -0000

Medical Treatment Guidelines are a list of procedures each state mandates to use when treating injured workers. The goal is for these guidelines to aid faster and better treatment for patients. The underlying issue is that they are crafted to cater to the general population based on trials and clinical tests, which allows for errors and variable factors. In this edition of Workers’ Comp Matters your host, Attorney Alan S. Pierce, invites Michael Gruber to discuss Medical Treatment Guidelines, how strict and effective the guidelines tend to be, and the risks of cost-shifting medical fees.

Michael Gruber recently finished Medical Treatment Guidelines: The Good, the Bad, and the Ugly. He is a practicing attorney for Pasternack, Tilker, Ziegler, Walsh, Stanton, and Romano, LLP, where he handles workers compensation cases for the firm. In 2012, Mr. Gruber was named as the chairman of the Workers’ Compensation Committee of the Brooklyn Bar Association and he is a member of numerous workers’-compensation-centered organizations.

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Mediation in Workers’ Compensation Cases

Fri, 25 Oct 2013 16:00:00 -0000

In this edition of Workers’ Comp Matters, host Alan Pierce chats with Teddy Snyder on the ins and outs of mediation regarding workers’ compensation cases. For those working in mediation, looking to work in mediation, or looking for a mediator to handle a case of their own, Snyder covers all the bases. Tune in to hear the advantages and disadvantages of mediation, a mediator’s role and goals on the job, and how to be most effective for their clients.

Teddy Snyder has been working as an attorney for more than 30 years. Licensed to practice law in Illinois and California, she is currently running a solo practice focusing on workers’ compensation mediation cases in the Golden State. Her goal is to create a win-win settlement for all parties.

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Handling and Preventing Shoulder Injuries

Fri, 26 Jul 2013 17:25:32 -0000

“There has been a dramatic rise in shoulder injuries in the last five to ten years,” Doctor Michael Ackland says, maybe we’ve just gotten better at diagnosing them. On this episode of Workers’ Comp matters, your host, Attorney Alan Pierce, will chat with Dr. Ackland, an examining physician who has worked with a fair amount of attorneys and insurers on shoulder injuries.

Dr. Ackland is an orthopedic surgeon and sports medicine specialist. He focuses in arthroscopic reconstruction of the shoulder and the knee. What he considers to be the most gratifying cases are revision surgeries after a patient has had a failed shoulder surgery.

Tune in to hear the basics of shoulder injuries, why they happen, preventative exercises, and how to handle a work-related injury.

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Workers’ Compensation for Harbor Workers and Longshoremen

Wed, 15 May 2013 16:46:04 -0000

Before The Longshore and Harbor Workers’ Compensation Act, policy covered those working on land and those working within navigable waters, and neglected worker’s on the harbor. This left harbor workers with nowhere to turn but litigation when they were injured on the job. On this edition of Worker’s Comp Matters your host Attorney Alan Pierce has invited Steven M. Birnbaum to discuss The Longshore and Harbor Workers’ Compensation Act, The Defense Base Act, and coverage for workers’ on the harbor.

Steven M. Birnbaum, Esq. started his private practice in 1983 specializing in workers’ compensation under The Longshore and Harbor Worker’s Compensation Act and the California Labor Code. He is a certified specialist in workers’ compensation by State Bar of California and a certified specialist in Admiralty and Maritime Law by State Bar of California. Birnbaum is a frequent lecturer on the topic of worker’s compensation and The Longshore and Harbor Workers’ Compensation Act.
Listen to the interview as two worker’s compensation specialists discuss coverage for those working on and along the water.

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Chat with Two National Leaders of the Workers' Comp Bar

Thu, 02 May 2013 17:01:56 -0000

On the May edition of Workers’ Comp Matters Host and Attorney Alan Pierce talks with two highly-respected guests in the field of workers’ compensation attorneys. The first half of the show he will speak with President of the Workers’ Injury Law and Advocacy Group (WILG) Cathy Stanton regarding proposed Federal legislation reforming the law regarding the Medicare Set-aside requirements as well as the recently enacted SMART Act. Cathy Stanton is an attorney with experience in dealing with all types of workers’ compensation claims, including those related to occupational diseases. In addition to being the president of WILG, she is also a member of the New York State Trial Lawyers Association and other organizations. Stanton has been named Super Lawyer for 2012 in the specialty of Workers’ Compensation by Super Lawyers magazine, this is her 6th time receiving the award. The second half of the show Pierce will chat with Deborah Kohl, past president of WILG, and current president of The College of Workers’ Compensation Lawyers about the college and it’s efforts. Deborah Kohl has been an attorney working in the area of workers’ compensation and disability law for more than 30 years. Kohl has been listed in the national publication Best Lawyers in America and is a frequent author and speaker on workers’ compensation law.

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Improving the Quality of Care for Injured Workers

Fri, 09 Dec 2011 17:40:27 -0000

In this edition of Workers’ Comp Matters, host Attorney Alan S. Pierce, welcomes Michael J. Shor MPH, Managing Director of Best Doctors Occupational Health Institute. Michael talks about his view of workers’ compensation, how to make sure that injured workers are getting the best medical care possible and how he works with both insurers and injured workers through their attorneys to achieve best the quality of care.

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The National Association of Workers’ Compensation Judiciary

Fri, 17 Jun 2011 19:41:19 -0000

The National Association of Workers’ Compensation Judiciary (NAWCJ) was founded in 2009 to provide educational opportunities for the workers’ compensation judiciary throughout the United States. On this Workers’ Comp Matters, host Attorney Alan S. Pierce is joined by Judge John J. Lazzara and Judge Ellen Lorenzen, at the Workers’ Compensation Centennial in Boston, Massachusetts, to spotlight The National Association of Workers’ Compensation Judiciary. Judge Lazzarra talks about the mission of the NAWCJ, education and the monthly newsletter and Judge Lorenzen discusses membership, common battles in the workers’ compensation field and the agenda of the Judiciary College.

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Celebrating 100 Years of Workers’ Compensation

Wed, 18 May 2011 15:57:39 -0000

Workers’ Compensation was the first social reform in America dating back to 1911. On this edition of Workers’ Comp Matters, host Attorney Alan S. Pierce, joins Andrew J. Reinhardt from the firm Reinhardt & Harper, PLC, at the Workers’ Compensation Centennial in Boston, Massachusetts, to discuss the latest in workers’ compensation and celebrate 100 years. Andy talks about his work with Workers’ Injury Law & Advocacy Group (WILG), legislative matters and upcoming congressional hearings in Washington DC pertaining to workers’ compensation.

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Privacy, Clients and Social Media

Thu, 14 Apr 2011 13:17:39 -0000

Social networking has become a popular topic within the workers’ comp community. In this edition of Workers’ Comp Matters, host Attorney Alan S. Pierce, welcomes Attorney Jon L. Gelman, to take a look a social networking in the workers’ comp world. Alan and Jon discuss privacy and their clients, client responsibility when it comes to putting up information on social media sites and how social networking can be used as a portal to monitor clients.

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Raytheon’s Integrated Disability Program

Tue, 15 Mar 2011 17:22:49 -0000

Returning to work after a disabling worker’s compensation injury involves many steps. In this edition of Workers’ Comp Matters, host Attorney Alan S. Pierce, welcomes Edmund C. Corcoran Jr., Director of Integrated Disability Programs for Raytheon Company and Daniel J. Knight, the Senior Manager of Workers’ Compensation for Raytheon Company, to take a look at the program, the interrelationship between workers’ comp and disability, returning to work, cost containment and safety initiatives.

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Fraud & Symptom Magnification in Workers Compensation

Mon, 01 Nov 2010 19:54:53 -0000

There is a phenomenon that we all see in workers’ comp cases, whether representing the claimant or the insurer. An insurer or its medical expert might call it symptom magnification. In this edition of Workers’ Comp Matters, host Attorney Alan S. Pierce, welcomes Attorney Douglas Jones, founder and Member-in-Charge of the law firm, Jones Dietz, PLLC, to look at the process, discuss related topics such as malingering as opposed to a more legitimate form of pain disorder and touch on the broader subject of fraud, which many people equate to symptom magnification.

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The History of Workers’ Compensation & the Workers’ Compensation Centennial 2011

Wed, 28 Jul 2010 18:06:40 -0000

The first constitutional workers’ compensation law in the United States was enacted back in 1911, and in recognition of this milestone of law, Massachusetts will host a centennial commemoration in April of 2011. In this edition of Workers’ Comp Matters, host Attorney Alan S. Pierce, welcomes the Honorable Richard S. Tirrell with the Department of Industrial Accidents and Attorney Joseph F. Agnelli, Jr., partner at Keches Law Group, P.C, to discuss the early origins of workers’ compensation and look ahead to the Workers’ Compensation Centennial 2011.

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The Intoxication Defense

Wed, 05 May 2010 13:50:20 -0000

In this special edition of Workers' Comp Matters from an ABA TIPS 2010 Conference on National Trends and Emerging Issues in Workers' Compensation, host and Attorney Alan S. Pierce spotlights the intoxication defense in defending a workers' compensation claim. Alan welcomes Attorney Gregory T. Presmanes from Bovis, Kyle & Burch, LLC to discuss how to best investigate these cases, how to educate clients, medical privacy issues and the intoxication defense in other jurisdictions.

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Workers' Compensation Surveillance

Thu, 08 Apr 2010 16:20:46 -0000

In this special edition of Workers' Comp Matters from an ABA TIPS 2010 Conference on National Trends and Emerging Issues in Workers' Compensation, host and Attorney Alan S. Pierce welcomes Jodi Harris from Blue Eagle Investigations, to discuss the pros and cons of workers compensation surveillance. Jodi will give an inside look at surveillance, combating the fraud that exists in the workers' comp system, ethical and privacy issues and the different types of investigations and surveillance when dealing with an illegitimate claim.

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The Occupational Disease Pilot Program & Healthcare

Thu, 25 Feb 2010 14:10:00 -0000

Health Care reform continues to be at the forefront of the Obama administration's agenda. Host and Attorney Alan S. Pierce welcomes Jon L. Gelman to discuss health care and workers' compensation and the Occupational Disease Pilot Program: a close look at the delivery of medical benefits when it comes to occupational disease and how workers compensation may or may not fit into the big picture of universal health care or health care reform.

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Workers' Compensation in the Immigrant Community

Thu, 28 Jan 2010 20:37:07 -0000

Host and Attorney Alan S. Pierce welcomes Marcy Goldstein-Gelb, Executive Director of the Mass. Coalition for Occupational Safety and Health (MassCOSH) and Stacie A. Sobosik, Esq. from the Law Offices of Martin Kantrovitz in Boston, to discuss access to workers' compensation in the immigrant community and the overwhelming challenges immigrant communities face in the workers' comp system.

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A Look Inside the Workers' Compensation System

Tue, 16 Jun 2009 15:35:02 -0000

Is the Workers’ Compensation system really there to protect us if we are injured on the job? On this Workers’ Comp Matters program, host Attorney Alan S. Pierce welcomes Dr. Patrice Woeppel to take an inside look at the ins and outs of the workers' compensation system and discuss her new book, Depraved Indifference: the Workers' Compensation System.

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Dissecting Fraud

Fri, 13 Feb 2009 18:53:24 -0000

On this Workers’ Comp Matters program, host Attorney Alan S. Pierce and Attorney Michael I. Fish, founding member of the Birmingham insurance defense law firm of Fish Nelson, LLC, will talk about the F word-fraud. It is something that makes workers comp attorneys on both sides of any case cringe. They will highlight employer fraud and hone in on premium misclassification and failure to obtain coverage by citing real life cases.

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The Independent Medical Evaluation (IME)

Wed, 04 Feb 2009 18:52:22 -0000

Did you ever want to know what goes on in an Independent Medical Evaluation (IME)? On this Workers’ Comp Matters program, host Attorney Alan S. Pierce and Dr. David Cooper from the Knee Center, will take an in-depth look at the elements of the IME. They will discuss the Waddell signs, how long a comprehensive physical examination should take and the relevance of records from insurance companies.

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MSA Update for Workers Comp Cases

Thu, 22 Jan 2009 18:51:25 -0000

Hear how to properly settle a workers’ comp case and comply with statutory requirements to create a medicare set aside program, allocation or trust. On this Workers’ Comp Matters program, host Attorney Alan S. Pierce, and Attorney Neal Winston from the firm, Moschella & Winston LLP, update Medicare Set-aside issues and discuss the implemented changes that will affect liability cases in 2009.

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Cardiac Injury Claims

Thu, 08 Jan 2009 18:50:35 -0000

Cardiac injury claims in workers comp cases can be tricky. On this Workers’ Comp Matters program, host Attorney Alan S. Pierce, turns to Dr. Julian M. Aroesty, cardiologist from Beth Israel Deaconess Medical Center in Boston, to explore the basics of proving and defending a work related cardiac injury claim focusing on basic causation issues, the importance of accurate history and a look at the role of a pre-existing condition.

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Workers Comp & the AMA Guides 6th Edition

Tue, 01 Apr 2008 18:49:43 -0000

Join host and Attorney Alan S. Pierce at the ABA Tort Trial & Insurance Section (TIPS) conference in Chicago recently for a candid discussion of the AMA Guides to Evaluation of Permanent Impairment, 6th Edition in this Workers Comp Matters. Join Alan with special guests, Dr. Christopher Brigham, board certified in Occupational Medicine, President of Brigham and Associates and Senior Contributing Editor to AMA Guides effective now in 2008 and Attorney Todd McFarren, partner at Rucka, O’Boyle, Lombardo and McKenna and past president of the Work Injury Law and Advocacy Group (WILG). What’s the importance of the Guides in workers comp cases as a standard to define the impact of an injury or illness? And hear the recent criticism from some lawyers in the plaintiff bar across the U.S. Hear the issues and answers!

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Workers Comp National Trends & Issues

Tue, 01 Apr 2008 18:04:50 -0000

The future of Workers Compensation laws are changing. Trends show the laws are being reformed making it more difficult for employees and easier for big corporations when it comes to Workers Comp. Is there a trend to federalize the laws? The questions are raised during Attorney Alan S. Pierce’s Workers Comp Matters program discussed before an audience at the recent ABA Tort Trial & Insurance Practice Section (TIPS) conference in Chicago. Listen as expert guests, Professor Ed Welch, School of Labor & Industrial Relations at Michigan State University and Professor John F. Burton, Jr., School of Management & Labor Relations at Rutgers University join Alan in this peek at the future and where we go from here in Workers Comp legal issues. Special thanks to TIPS Chair & Attorney Len Nason for inviting LegalTalkNetwork to the conference.

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Workers Compensation Post 911

Tue, 27 Nov 2007 18:47:43 -0000

On this Workers’ Comp Matters program, host Attorney Alan S. Pierce, turns to an expert to discuss the serious health problems of the World Trade Center rescue and the virtual collapse of the workers compensation system. Alan welcomes, Peter Rousmaniere, workers’ compensation consultant and author, who will discuss his in-depth article in Risk & Insurance magazine entitled Breach of Trust and explore the lives of the workers and workers compensation system six years after 911.

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What Every Lawyer Needs to Know About Federal Worker Compensation

Mon, 19 Nov 2007 18:46:49 -0000

On this Workers’ Comp Matters program, host Attorney Alan S. Pierce, is joined by one of the leading experts on representing the federal employee in workers comp cases. Alan welcomes, Attorney Daniel Shapiro of Shapiro & Associates, as they discuss the basics of federal workers compensation cases, the fate of the injured federal employee, representing the federal employee, the work of the OWCP and Attorney Shapiro’s involvement in these cases.

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Disability Prevention vs. Disability Management

Wed, 17 Oct 2007 18:33:25 -0000

Workers’ Comp Matters, hosted by Attorney Alan S. Pierce, devotes this show to disability prevention vs. disability management. Alan turns to the expert, Dr. Jennifer Christian of Webility.md to discuss this hot topic. Dr. Christian is Founder, President and Chief Medical Officer of Webility.md and chief designer of the business. She has a foundation of clinical expertise acquired during her 25 year career as a board-certified occupational medicine specialist. Don’t miss this discussion!

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Carpal Tunnel Syndrome and Other Repetitive Stress Injuries

Tue, 03 Jul 2007 18:45:50 -0000

On this Workers’ Comp Matters program, host Attorney Alan S. Pierce, turns to an expert to discuss Carpal Tunnel Syndrome and Other Repetitive Stress Injuries. Alan welcomes, Dr. J. Mark Melhorn, an occupational orthopedic physician who specializes in hands and the upper extremities. In addition to his practice in orthopedics at the Hand Center in Wichita, Kansas, Dr. Melhorn is a Clinical Assistant Professor, in the Section of Orthopedics, Department of Surgery at the University of Kansas School of Medicine-Wichita. Be sure to listen!

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Back Injuries and Treatments in the Workers Comp Setting

Thu, 28 Jun 2007 18:44:25 -0000

Workers’ Comp Matters, hosted by Attorney Alan S. Pierce, devotes this show to Back Injuries and Treatments in the Workers Comp Setting. Alan turns to the expert, Dr. Joseph Barr, Orthopedic Surgeon from Massachusetts General Hospital, specializing in spine surgery, to discuss this hot topic. And you won’t want to miss ‘Case of the Day,‘ as we put Dr. Barr to the test!

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Evidence in the Complex Workers Comp Case

Tue, 06 Mar 2007 18:29:42 -0000

WORKERS COMP MATTERS, hosted by Attorney Alan S. Pierce, takes up the topic of Evidence in the Complex Workers Comp Case. Our very special guest is a lawyer with a nationwide reach of expertise, Attorney Jon L. Gelman located in Wayne, New Jersey. Gelman specializes in the litigation of catastrophic injuries in work related accidents. Gelman is a well-known author on the topic and he’s been named by the Best Lawyers in America for the 12th year! Don’t miss this important information!

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Special Edition of Workers Comp Matters

Mon, 05 Mar 2007 18:39:19 -0000

Join WCM host, Attorney Alan S. Pierce from the ABA Mid-Winter Meeting of the Workers Compensation Committee with special guests discussing emerging issues such as the current MSA problem, legislative reform to make settlements in WC easier and the unforeseen issue of volunteers who have had to cross state lines in disasters such as Katrina and how that affects WC cases. You won’t want to miss the important news from guests, Attorney James A. Reiter, Chairman of the National Workers Compensation Defense Network and partner at the Michigan firm of Charfoos, Reiter, Peterson, Jones, Dorland & Hebertas well as Attorney Hervey Levin from the Dallas, Texas law firm of Hervey Levin.

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Psychiatric Disability

Fri, 21 Jul 2006 18:32:03 -0000

A disability may not be visible as physical injuries are, but psychiatric disabilities are just as serious. And physical injuries can be accompanied by emotional trauma or depression. How best to understand psychiatric disability in the workers comp case? Workers Comp Matters host, Attorney Alan S. Pierce discusses these issues with an expert in legal cases of this kind, Attorney Bernard Mulholland, principal in the firm of Ford, Mulholland & Moran, P.C. in Brockton, MA , practicing over 20 years and a legal expert in the field of workers comp and psychiatric disability. Its important information for lawyers, employers and insurers.

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Defending Complex Workers Comp Cases

Mon, 13 Mar 2006 18:31:00 -0000

WORKERS COMP MATTERS, hosted by Attorney Alan S. Pierce, devotes this show to Defending the Complex Workers Comp Case. We have one of the preeminent Boston attorneys as a guest, Attorney Thomas P. O’Reilly, who has developed a significant practice in the defense of occupational injury claims. He is a principal at the firm of Curtin, Murphy and O’Reilly - an experienced litigator in state and federal courts and has been counsel to several national corporations on toxic exposure claims. And you won’t want to miss ‘Case of the Day,’ as we put Attorney O’Reilly to the test!

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Social Security Disability

Tue, 06 Dec 2005 18:28:33 -0000

WORKERS COMP MATTERS, hosted by Attorney Alan S. Pierce takes up the topic of social security disability and the coordination of benefits. Who is eligible? What’s the criteria? What are the tax issues? Our special guest, Attorney William Troupe of the Boston law firm of Carney & Troupe is a long-time expert in this area and he joins us to sort through the information you need to know for your clients!

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Kids Chance

Thu, 01 Dec 2005 18:27:30 -0000

WORKERS COMP MATTERS, hosted by Attorney Alan S. Pierce has this special show about an extraordinary program called Kids Chance, providing scholarships to kids of workers injured or killed on the job. Listen as Jeff Kight, now an Attorney in Georgia, tells his personal story of how he was able to go to college after Kids Chance stepped into his life. You’ll also meet Doug McCoy from Kids Chance who fills us in on the program nationwide and Stephanie Malloy, advocate for injured workers and their families at Workers Comp RX, which sponsors Kids Chance across the country. Don’t miss your chance to listen now!

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Representing Undocumented Workers

Thu, 25 Aug 2005 18:26:10 -0000

WORKERS COMP MATTERS, hosted by Attorney Alan S. Pierce focuses on the issues relating to people who have been hurt at work. Representing undocumented workers is often challenging and fraught with obstacles. On this show, we investigate the many options with special guest, Attorney Daniel Fix from Lincoln, Nebraska who practices statewide in the specialty of workers compensation and personal injury. Attorney Fix served as special Asst. Attorney General for the state of Nebraska for workers compensation compliance and is a national advocate dedicated to improving the plight of injured workers.

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Medicare Set-Aside Allocations

Thu, 25 Aug 2005 18:16:48 -0000

WORKERS COMP MATTERS, hosted by Attorney Alan S. Pierce focuses on the issues relating to people who have been hurt at work. On this show, we discuss medicare set-aside allocations in workers comp cases and what you need to know for your clients on this complex issue. Special guest for the show is Jean Feldman, Senior Vice President of Care Management Operations for CHOICE Medical Management in Tampa and author of ‘Navigating the Murky Waters of Medicare Set-Asides’ in the Journal of Workers Compensation. And don’t forget to guess the outcome of the “Case of the Day’ at the end of the show!

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Latex Allergies In The Workplace

Tue, 23 Aug 2005 18:14:59 -0000

WORKERS COMP MATTERS, hosted by Attorney Alan S. Pierce focuses on the issues relating to people who have been hurt at work. Representing workers with latex allergies contracted at the workplace can be tricky. On this show, we’ve assembled three experts on the topic: Sandra Jutras, a career clinical nurse who developed a serious level one latex allergy, tells her story that led to complete disability; Attorney Jim Brady, of Brady & Monac, P.C. in Walpole, Massachusetts who has a great depth of experience litigating in this arena and Dr. Gail Lenehan, national advocate and member of the Massachusetts Nurses Association’s Congress on Occupational Health and Safety. And don’t miss Attorney Pierce quiz Attorney Brady on the Case of the Day at the end of the show!

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Ethical Issues

Wed, 29 Jun 2005 18:13:58 -0000

WORKERS COMP MATTERS, hosted by Attorney Alan S. Pierce focuses on the issues relating to people who have been hurt at work. There are many ethical issues involved when preparing a workers’ compensation lawsuit such as conflicts of interest or securing medical records such as psychological treatment of an injured worker. On this show, Attorney Pierce and special guest, Milwaukee Attorney and Marquette law professor, Thomas M. Domer tackle the topic of Ethical Questions in Workers’ Compensation Cases.

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Sports Injuries

Wed, 29 Jun 2005 15:12:56 -0000

WORKERS COMP MATTERS, hosted by Attorney Alan S. Pierce focuses on the issues relating to people who have been hurt at work. Professional athletes are workers too. Our discussion on this show recalls cases of representing the professional athlete in a worker’s compensation lawsuit. Join Attorney Pierce and his special guest, Massachusetts Attorney and Board Member of the Workers Injury Law & Advocacy Group, James S. Aven as they delve into this high-profile specialty in workers comp cases. This program is sponsored by Workers Comp RX.

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Sick Building Syndrome

Wed, 29 Jun 2005 14:52:59 -0000

WORKERS COMP MATTERS, hosted by Attorney Alan S. Pierce focuses on the issues relating to people who have been hurt at work. This show focuses on workers’ compensation cases in which plaintiffs have worked in sick buildings. Attorney Pierce and special guest, Attorney, James H. Sandman, a nationally-know expert in cases involving sick buildings, discuss the difficulties identifying the source of multiple chemical sensitivities that make people sick and how to overcome the obstacles in these kinds of lawsuits. This program is sponsored by the Boston Media Group.

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