Workers Comp Matters

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.

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.

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.

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.

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.

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.

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

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 an

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

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 solutio

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 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 N

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' C

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 o

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.

“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.

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 c

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’ Compe

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.

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.