Explore every episode of the podcast Workers Comp Matters

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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). Special thanks to our sponsor, PInow. Learn more about your ad choices. Visit megaphone.fm/adchoices

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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