Workers Comp Matters

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

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

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

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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. Special thanks to our sponsors, Casepacer and PInow.

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.

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.

“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. Special thanks to our sponsors, Casepacer and PInow.

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. Special thanks to our sponsors, Casepacer and PInow.