Workers Comp Matters

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. Special thanks to our sponsors, Casepacer and PInow.

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. Special thanks to our sponsors, Casepacer and PInow.

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. Special thanks to our sponsors, Casepacer and PInow.

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. Special thanks to our sponsors, Casepacer and PInow.

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 . Special thanks to our sponsors, Casepacer and PInow.

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. Special thanks to our sponsors, Casepacer and PInow.

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. Special thanks to our sponsors, Casepacer and PInow.

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.

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.

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. Special thanks to our sponsors, Casepacer and PInow.

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 p

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. Special thanks to our sp

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. Special thanks to our sponsors, Casepacer and PInow.

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. Special thanks to our sponsors, Casepacer and PInow.

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 co

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 respo

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 experienc

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 memb

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.

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 curr