Workers Comp Matters – Détails, épisodes et analyse

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Workers Comp Matters

Legal Talk Network

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Business & Entrepreneuriat

Éducation

Fréquence : 1 épisode/47j. Total Éps: 157

Workers Comp Matters is hosted by Attorney Alan S. Pierce, the only Legal Talk Network program that focuses entirely on the people and the law in workers compensation cases. Nationally recognized Trial Attorney, expert and author, Alan S. Pierce is a leader committed to making a difference when workers comp matters.

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

Saison 1 · Épisode 159

mardi 29 juillet 2025 • Durée 41:59

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 Learn more about your ad choices. Visit megaphone.fm/adchoices

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

lundi 2 juin 2025 • Durée 36:00

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. Learn more about your ad choices. Visit megaphone.fm/adchoices

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

Saison 1 · Épisode 148

vendredi 30 août 2024 • Durée 36:50

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’” Learn more about your ad choices. Visit megaphone.fm/adchoices

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Workers’ Comp from the Other Side: Pain Management

Saison 1 · Épisode 57

jeudi 23 juin 2016 • Durée 26:55

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 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. Special thanks to our sponsors, Casepacer and PInow. Learn more about your ad choices. Visit megaphone.fm/adchoices

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The International Association of Industrial Accident Boards and Commissions

Saison 1 · Épisode 56

vendredi 10 juin 2016 • Durée 24:55

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. Special thanks to our sponsors, Casepacer and PInow. Learn more about your ad choices. Visit megaphone.fm/adchoices

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National Implications of Opt Out in Workers’ Compensation

Saison 1 · Épisode 55

vendredi 19 février 2016 • Durée 35:38

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 Learn more about your ad choices. Visit megaphone.fm/adchoices

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

Saison 1 · Épisode 54

jeudi 28 janvier 2016 • Durée 31:38

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? Special thanks to our sponsors, Casepacer and PInow. Learn more about your ad choices. Visit megaphone.fm/adchoices

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

Saison 1 · Épisode 53

mercredi 12 août 2015 • Durée 22:00

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. Special thanks to our sponsors, Casepacer and PInow. Learn more about your ad choices. Visit megaphone.fm/adchoices

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

Saison 1 · Épisode 52

mercredi 27 mai 2015 • Durée 28:52

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. Special thanks to our sponsors, Casepacer and PInow. Learn more about your ad choices. Visit megaphone.fm/adchoices

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

Saison 1 · Épisode 51

mardi 5 mai 2015 • Durée 30:15

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. Learn more about your ad choices. Visit megaphone.fm/adchoices

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Workers Comp Matters – Détails, épisodes et analyse

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