Podcast appearances and mentions of alan pierce

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'”

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

In this captivating episode, we dive deep with Alan Pierce, co-author of Coma and Near-Death Experience, to explore the mysterious world of comas and altered states of consciousness. Alan shares his groundbreaking research on the misuse of comas during the COVID-19 pandemic, revealing shocking insights into the long-term physical and cognitive damage many patients endure. What really happens when someone is in a coma? And how does it alter their perception of reality? Alan's discoveries challenge conventional medical wisdom and shine a light on the often overlooked, vivid experiences of those who have hovered between life and death. We also tackle the age-old question of consciousness: Is it just a product of our brain, or could it exist beyond the physical? Alan takes us on a journey through the physiological changes in comatose patients and the mind-bending parallels between near-death experiences and mystical states induced by substances like DMT. Could these experiences be more than just the brain's last hurrah? Tune in to hear Alan's thoughts on the afterlife, the impact of prolonged sedation, and why he believes his book, Coma and Near-Death Experience, is a vital piece of work in understanding the human mind.

July marks the 50th anniversary of the National Commission on State Workmen's Compensation laws. The system we have in place wasn't always so. Even after the passage of protections for workers, it took years to develop today's standards. In 1972, a federal panel released a comprehensive review of state Workmen's Compensation (as it was then called) laws and guidelines. As Alan explains, several states had to readjust their systems. Our current system is a complex and delicate balance of federal and state oversight, adequate protections, and employer insurance costs. Fifty years after the initial report, is it time to review Workers' Compensation? The workplace has changed, the shift to gig working may be leaving many behind in the “new economy.” On July 11, the U.S. Department of Labor hosts a public roundtable on the topic featuring Alan Pierce.You can register to join online as stakeholders across the workplace safety and protection community discuss the future of Workers' Compensation.

July marks the 50th anniversary of the National Commission on State Workmen's Compensation laws. The system we have in place wasn't always so. Even after the passage of protections for workers, it took years to develop today's standards. In 1972, a federal panel released a comprehensive review of state Workmen's Compensation (as it was then called) laws and guidelines. As Alan explains, several states had to readjust their systems. Our current system is a complex and delicate balance of federal and state oversight, adequate protections, and employer insurance costs. Fifty years after the initial report, is it time to review Workers' Compensation? The workplace has changed, the shift to gig working may be leaving many behind in the “new economy.” On July 11, the U.S. Department of Labor hosts a public roundtable on the topic featuring Alan Pierce.You can register to join online as stakeholders across the workplace safety and protection community discuss the future of Workers' Compensation.

As the fully vaccinated emerge and more and more offices welcome employees back in-person, employers may be looking for creative ways to reconnect their teams in the office and on the softball field. Before organizing that company picnic or sponsoring, they may want to check their liability for employees. Hosts Judson and Alan Pierce address the “deceptively simple and litigiously prolific” workers comp doctrine of recreational injuries, varying standards of proof, and possible defenses. Jud and Alan parse the various work-related factors, including how voluntary the activity is and the benefit the employer gets from hosting or sponsoring the off-premises activity. Special thanks to our sponsor, PInow.

As the fully vaccinated emerge and more and more offices welcome employees back in-person, employers may be looking for creative ways to reconnect their teams in the office and on the softball field. Before organizing that company picnic or sponsoring, they may want to check their liability for employees. Hosts Judson and Alan Pierce address the “deceptively simple and litigiously prolific” workers comp doctrine of recreational injuries, varying standards of proof, and possible defenses. Jud and Alan parse the various work-related factors, including how voluntary the activity is and the benefit the employer gets from hosting or sponsoring the off-premises activity. Special thanks to our sponsor, PInow.

As the fully vaccinated emerge and more and more offices welcome employees back in-person, employers may be looking for creative ways to reconnect their teams in the office and on the softball field. Before organizing that company picnic or sponsoring, they may want to check their liability for employees. Hosts Judson and Alan Pierce address the “deceptively simple and litigiously prolific” workers comp doctrine of recreational injuries, varying standards of proof, and possible defenses.  Jud and Alan parse the various work-related factors, including how voluntary the activity is and the benefit the employer gets from hosting or sponsoring the off-premises activity. Special thanks to our sponsor, PInow.

While researching the Manhattan Project, filmmaker Ginny Mohler stumbled on a little-told story of the young watch-dial painters in New Jersey during the Roaring Twenties. Her search for “dial painters” led her to a Wikipedia page on the “Radium Girls,” and a fascination was born. Nine years later, her independent film, “Radium Girls,” debuted at the Tribeca Film Festival, and the documentary is now streaming on Netflix. Hosts Judson Pierce and Alan Pierce interview Mohler about the fascinating genesis of the film, its place in the history of occupational health law, and the complex legal battle waged by the workers. Do the “Radium Girls” succeed in eliminating radium toxins from the workplace? No spoilers here. Special thanks to our sponsor, PInow.

While researching the Manhattan Project, filmmaker Ginny Mohler stumbled on a little-told story of the young watch-dial painters in New Jersey during the Roaring Twenties. Her search for “dial painters” led her to a Wikipedia page on the “Radium Girls,” and a fascination was born. Nine years later, her independent film, “Radium Girls,” debuted at the Tribeca Film Festival, and the documentary is now streaming on Netflix. Hosts Judson Pierce and Alan Pierce interview Mohler about the fascinating genesis of the film, its place in the history of occupational health law, and the complex legal battle waged by the workers. Do the “Radium Girls” succeed in eliminating radium toxins from the workplace? No spoilers here. Special thanks to our sponsor, PInow.

While researching the Manhattan Project, filmmaker Ginny Mohler stumbled on a little-told story of the young watch-dial painters in New Jersey during the Roaring Twenties. Her search for “dial painters” led her to a Wikipedia page on the “Radium Girls,” and a fascination was born. Nine years later, her independent film, “Radium Girls,” debuted at the Tribeca Film Festival, and the documentary is now streaming on Netflix. Hosts Judson Pierce and Alan Pierce interview Mohler about the fascinating genesis of the film, its place in the history of occupational health law, and the complex legal battle waged by the workers.  Do the “Radium Girls” succeed in eliminating radium toxins from the workplace? No spoilers here. Special thanks to our sponsor, PInow.

Sensational coverage and panic drove much of the early discussion and predictions about workers comp during the beginning of the pandemic. But workers comp legal expert Emily Spieler says that early handwringing by employers and employees was overblown. That said, Spieler and host Alan Pierce discuss how the pandemic placed a spotlight on the workers’ compensation system. For Spieler, the pandemic exposed how the nation’s poor healthcare safety net puts tremendous pressure on workers comp because there is no other real recourse for employees who get sick and can demonstrate they were exposed at work. Without paid sick leave, workers turn to workers’ compensation. Workers’ comp isn’t adequate for illness related to employment. That explains why there are separate federal programs for workers exposed to toxins such as silica, asbestos, and coal dust. Spieler and Pierce talk through the weaknesses of the system, particularly the nuances of compensable diseases for workers directly exposed through front-line work, such as nurses and doctors, and those who may face increased chances of exposure along the supply chain. The impact of Covid-19 on workers’ comp is unfolding as data is collected and claims processed. What’s to come in 2021? While Spieler says most workers, as many as 70% to 80%, didn’t have the opportunity to work from home, she notes there is sure to be litigation over injuries sustained by those working from home. Is tripping while walking to the restroom at home when you’re on the clock the same as tripping on the way to the restroom at work? Emily Spieler is the Edwin W. Hadley Professor of Law at Northeastern University School of Law, where she served as dean from 2002 until 2012. Special thanks to our sponsor, PInow.

Sensational coverage and panic drove much of the early discussion and predictions about workers comp during the beginning of the pandemic. But workers comp legal expert Emily Spieler says that early handwringing by employers and employees was overblown. That said, Spieler and host Alan Pierce discuss how the pandemic placed a spotlight on the workers’ compensation system. For Spieler, the pandemic exposed how the nation’s poor healthcare safety net puts tremendous pressure on workers comp because there is no other real recourse for employees who get sick and can demonstrate they were exposed at work. Without paid sick leave, workers turn to workers’ compensation. Workers’ comp isn’t adequate for illness related to employment. That explains why there are separate federal programs for workers exposed to toxins such as silica, asbestos, and coal dust. Spieler and Pierce talk through the weaknesses of the system, particularly the nuances of compensable diseases for workers directly exposed through front-line work, such as nurses and doctors, and those who may face increased chances of exposure along the supply chain. The impact of Covid-19 on workers’ comp is unfolding as data is collected and claims processed. What’s to come in 2021? While Spieler says most workers, as many as 70% to 80%, didn’t have the opportunity to work from home, she notes there is sure to be litigation over injuries sustained by those working from home. Is tripping while walking to the restroom at home when you’re on the clock the same as tripping on the way to the restroom at work? Emily Spieler is the Edwin W. Hadley Professor of Law at Northeastern University School of Law, where she served as dean from 2002 until 2012. Special thanks to our sponsor, PInow.

As foreign governments do more business in the United States, questions about the intersection of sovereign immunity and U.S. law will undoubtedly arise. In this episode, host Alan Pierce talks with Boston litigator Ted Folkman about an important 1st Circuit case of theirs — Merlini v. Canada — that’s been winding its way through the federal courts for more than 11 years. The case involves what would otherwise be a fairly common workers compensation claim. The difference here is that the injured party is a U.S. citizen who was working in the Canadian consulate in Boston. Even though businesses in Massachusetts are required to carry workers compensation insurance, the Canadian government is asserting the U.S. courts don’t have jurisdiction under the Foreign Sovereign Immunities Act, which shields foreign governments from most actions in U.S. courts. Folkman is arguing that U.S. courts have jurisdiction under FSIA’s commercial activity exception because the employee, Cynthia Merlini, wasn’t conducting high-level Canadian business. Instead, she was working like any other administrative assistant at a U.S.-owned business. Ted Folkman is the founder of Folkman LLC and was previously a partner at Pierce Bainbridge in Boston. Special thanks to our sponsor, PInow.

As foreign governments do more business in the United States, questions about the intersection of sovereign immunity and U.S. law will undoubtedly arise. In this episode, host Alan Pierce talks with Boston litigator Ted Folkman about an important 1st Circuit case of theirs — Merlini v. Canada — that’s been winding its way through the federal courts for more than 11 years. The case involves what would otherwise be a fairly common workers compensation claim. The difference here is that the injured party is a U.S. citizen who was working in the Canadian consulate in Boston. Even though businesses in Massachusetts are required to carry workers compensation insurance, the Canadian government is asserting the U.S. courts don’t have jurisdiction under the Foreign Sovereign Immunities Act, which shields foreign governments from most actions in U.S. courts. Folkman is arguing that U.S. courts have jurisdiction under FSIA’s commercial activity exception because the employee, Cynthia Merlini, wasn’t conducting high-level Canadian business. Instead, she was working like any other administrative assistant at a U.S.-owned business. Ted Folkman is the founder of Folkman LLC and was previously a partner at Pierce Bainbridge in Boston. Special thanks to our sponsor, PInow.

Unique workers’ compensation laws in Texas allow employers to choose whether they will subscribe to traditional workers’ comp programs. As such, approximately 20% of Texas employers have opted to develop their own injury benefit programs. In this Workers’ Comp Matters, Alan Pierce talks with Bill Minick about why Texas laws differ from the rest of the country and why the newly developed QCARE designation is an important marker of responsibility amongst non-subscribing employers. Bill Minick is chairman of PartnerSource. Special thanks to our sponsor, PInow.

Unique workers’ compensation laws in Texas allow employers to choose whether they will subscribe to traditional workers’ comp programs. As such, approximately 20% of Texas employers have opted to develop their own injury benefit programs. In this Workers’ Comp Matters, Alan Pierce talks with Bill Minick about why Texas laws differ from the rest of the country and why the newly developed QCARE designation is an important marker of responsibility amongst non-subscribing employers. Bill Minick is chairman of PartnerSource. Special thanks to our sponsor, PInow.

Can workers who contract COVID-19 seek workers’ compensation benefits? There are many factors at play, and workers comp attorneys are facing uncharted legal issues as the pandemic unfolds. To address the common questions arising from this crisis, Alan Pierce welcomes fellow workers’ comp attorneys Amie Peters and Mack Babcock. They discuss current concerns in this area of the law and offer guidance for lawyers as they navigate COVID-19 issues with their clients. Special thanks to our sponsor, PInow.

Can workers who contract COVID-19 seek workers’ compensation benefits? There are many factors at play, and workers comp attorneys are facing uncharted legal issues as the pandemic unfolds. To address the common questions arising from this crisis, Alan Pierce welcomes fellow workers’ comp attorneys Amie Peters and Mack Babcock. They discuss current concerns in this area of the law and offer guidance for lawyers as they navigate COVID-19 issues with their clients. Special thanks to our sponsor, PInow.

Workers who have suffered an injury on the job are stressed and dealing with uncertainty about how to navigate their workers’ compensation system. Many injured workers handle their claims without a lawyer, but even if a case seems simple, consulting an experienced attorney can help ensure a better outcome. Workers’ Comp Matters host Alan Pierce talks with fellow workers’ compensation attorney Bernard Nomberg about why injured workers should seek counsel earlier rather than later to determine the needs of their case. Bernard D. Nomberg is a partner at The Nomberg Law Firm in Birmingham, Alabama. Special thanks to our sponsor, PInow.

As we continue to shift further into gig economy employment, defining employee-employer relationships is increasingly challenging in the area of workers’ compensation. Workers’ Comp Matters host Alan Pierce talks with Roger Finderson about what the term “gig economy” really means and how to draw the distinction between employees and independent contractors. They explain the use of factors tests, the need for adaptations in workers’ comp law, and how the advent of “Handy” legislation is creating problems for injured workers. Roger Finderson is managing attorney at Finderson Law LLC in Fort Wayne, Indiana. Special thanks to our sponsor, PInow.

In instances of certain disabilities, injured workers may need assets from a workers’ comp settlement to be managed by a trust with a third-party administrator. One such type of trust, a special needs trust, is unique in that it allows an injured worker to qualify for Medicaid and other government programs, but, for all its benefits, many find these trusts to be too expensive to set up. In this edition of Workers’ Comp Matters, Alan Pierce sits down with attorney Andrew Reinhardt and executive director of Commonwealth Community Trust Joanne Marcus to discuss the advantages of pooled special needs trusts. Joanne explains how her organization alleviates the financial burden for injured workers through their low cost methods for managing assets for injured workers, and Andrew shares insights on the benefits of pooled special needs trusts from his many years as a workers’ comp attorney. Andrew Reinhardt is a partner at Reinhardt, Harper, Davc, PLC in Richmond, VA. Joanne Marcus is executive director at Commonwealth Community Trust. Special thanks to our sponsor, PInow.

In this edition of Workers’ Comp Matters, host Alan Pierce welcomes Peter Rousmaniere to discuss his prolific career as a workers’ comp consultant and journalist. They survey the ways systems, insurance, and workplace risks have changed over the last 30 years and discuss their thoughts on the decline of labor unions. With a wealth of knowledge in this area of the law, Peter also offers his predictions for future trends. Special thanks to our sponsor, PInow.

Efforts to track opioid dispensation across the nation show many state workers’ compensation systems produce significantly varied data. What factors are currently at play in these state-to-state differences? Returning guest Dr. Vennela Thumula joins host Alan Pierce to discuss the study she co-authored, Interstate Variations in Dispensing of Opioids, 5th Edition. Dr. Thumula describes the research questions addressed in the study and offers insight into the effect certain state policies may have on opioid use. Special thanks to our sponsor, PInow.

The landscape of health insurance has changed significantly in recent years, and some of these changes have created new challenges in workers’ compensation systems. In this episode, host Alan Pierce is joined by Bogdan Savych, author of the study, “Health Insurance and Outcomes of Injured Workers.” They explore how the study was conducted and how workers’ access to personal health insurance coverage affects the care they receive after an injury on the job. Dr. Bogdan Savych is a public policy analyst at the Workers Compensation Research Institute. Special thanks to our sponsor, PInow.

Workers’ compensation systems have existed in our country for over a hundred years, and the laws affecting these systems have changed drastically over time. In this episode honoring his 50th anniversary working in the field, Alan Pierce reflects on his professional career and features the notable changes he has witnessed in workers’ comp systems. Additionally, Alan takes us through the history of this area of law—from the Code of Ur, to 16th-century piracy, then all the way up to our modern systems in the United States. With all this in mind, Alan lays out the defects he sees in current systems and offers insights into needed changes. Special thanks to our sponsor, PInow.

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. This and more on this episode of Workers Comp Matters. Ramona Tanabe is the executive vice president and counsel for the Workers Compensation Research Institute (WCRI). Special thanks to our sponsor, PInow.

How do drug formularies affect injured workers? In this edition of Workers’ Comp Matters, 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. Tom Holder has practiced as a claimants’ attorney for over 30 years and is a nationally known expert in workers’ compensation law. Special thanks to our sponsor, PInow.

Workers’ compensation lawyers may face extraordinarily complicated issues when dealing with third party settlements. Staying on top of current statutes and case law is crucial. In this episode of Workers’ Comp Matters, 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. Cathy Surbeck practices in the area of workers’ compensation with the law firm of Freedman & Lorry PC in Philadelphia. Special thanks to our sponsors, Casepacer and PInow.

What are employees entitled to under the law? In this episode of Workers’ Comp Matters, 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. Karla Zarbo is an assistant attorney general in the fair labor division with the Commonwealth of Massachusetts Office of Attorney General Maura Healey. Special thanks to our sponsors, Casepacer and PInow.

To have a deep understanding of workers’ compensation, lawyers need to know how it has evolved in our country. In this episode of Workers’ Comp Matters, 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. Special thanks to our sponsors, Casepacer and PInow.

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. In this episode of Workers Comp Matters, 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. Though the profession still exists in a somewhat gray area of the law, these case managers are credentialed professionals who can be utilized to the benefit of all parties. Justin D. Beck is an associate at Thomas, Thomas, & Hafer and concentrates his practice in the area of Workers’ Compensation. Special thanks to our sponsors, Casepacer and PInow.

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. In this special edition of Workers Comp Matters, host Alan Pierce debates with Chris Brigham about the sixth edition of the AMA Guides Impairment and whether it is a valid measure of disability ratings in the workers’ compensation setting. 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. Christopher R. Brigham, MD is a leading international expert on human potential, impairment, and disability assessment and management. Special thanks to our sponsors, Casepacer and PInow.

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. In this episode of Workers Comp Matters, 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. They discuss managing client expectations, how to educate clients about the legal process, and when it’s appropriate to turn down certain clients. Robert E. Wisniewski is one of the premier workers’ compensation attorneys in Arizona dedicated to providing justice for injured workers throughout Arizona. Special thanks to our sponsors, Casepacer and PInow.

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. In this episode of Workers Comp Matters, host Alan Pierce talks to Judge Omar Hernández about the program, how it works, and how it helps address the opioid epidemic. Omar Hernández has served as the Senior Judge at the Department of Industrial Accidents (DIA), where he is responsible for the Division of Dispute Resolution. Special thanks to our sponsors, Casepacer and PInow.

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.

In this episode of Workers Comp Matters, 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. In 1983, Dr. Richard Victor founded the Workers Compensation Research Institute (WCRI) in Cambridge, MA and directed its growth until 2016.

The definition of employee might not be as clear cut as you would think. In this episode of Workers Comp Matters, host 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. Erica L. Groshen is a visiting senior scholar at the ILR School of Cornell University, and served as the 14th Commissioner of Labor Statistics from January 2013 to January 2017. Special thanks to our sponsors, Casepacer and PInow.

“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.

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.

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 product design and implementation, information technology, and risk communication. Special thanks to our sponsors, Casepacer and PInow.

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 sponsors, Casepacer and PInow.

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.

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 respond well to this therapy style and what pain types, like degenerative arthritis, do not. Roberto closes the interview with a comparison of how accepting private insurance and workers’ comp services are of this new therapy and discusses the cost and frequency of treatment.

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.

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.

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  

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.

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 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.

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.

Workers Comp Matters host Alan Pierce interviews Lewis Heller about the evolution of workers' compensation law at the 2014 Workers' Injury Law and Advocacy Group Conference. Heller imparts his experience and knowledge of the history of workers compensation including lawyers and organizations like Samuel Horovitz, the National Association of Compensation Claimants Attorneys (NACCA), the American Trial Lawyers Association (ATLA), the Workplace Injury Litigation Group (WILG), and why it is so important for workers' comp lawyers to know, appreciate, and understand the history of their predecessors. Lewis Heller has devoted his entire 40-year legal career to preserve the rights of injured workers. He is recognized throughout the United States as one of the premier experts in workers' compensation law.

Workers Comp Matters host Alan Pierce interviews Scott Trost and Nate Mudd about the effects of asbestos at the 2014 Workers' Injury Law and Advocacy Group Conference. They discuss mesothelioma and other diseases caused by asbestos, how a 10 to 50 year latency period in effects has legal causation issues, guidelines for asbestos removal, and the enforcement of civil liability for the manufacturers. Trost and Mudd work for Maune Raichle Hartley French and Mudd, a firm entirely focused on representing mesothelioma victims and their families.

Workers Comp Matters host Alan Pierce interviews Longshore and Harbor Workers' Compensation lawyers Steven Birnbaum and Amie Peters at the 2014 Workers' Injury Law and Advocacy Group Conference. They discuss the cutbacks in the US Department of Labor and how that affects the Office of Workers' Compensation Programs (OWCP), the Office of Administrative Law Judges (OALJ), and the Defense Base Act (DBA) cases. Birnbaum exclusively handles Longshore and Harbor workers, Defense Base Act, and non appropriated funds cases and Peters works with Longshore and Harbor and Defense Base Act cases in Seattle.

Workers Comp Matters host Alan Pierce interviews litigator Jane-Robin Wender about Constitutional issues associated with the developments in workers' compensation laws in Florida at the 2014 Workers' Injury Law and Advocacy Group Conference. Wender describes the case of Padgett v. State of Florida and explains how workers' compensation benefits in Florida have been slowly reduced to the point of inadequacy, and therefore many now consider them unconstitutional. Wender and Pierce discuss two other related cases, Westphal and Castellanos, the implications of each case, and how they fit into the Padgett decision. Jane-Robin Wender has been in workers' compensation for over 20 years and is a litigator in pursuit of wrongfully denied benefits.

Workers Comp Matters host Alan Pierce interviews Jason Schechterle, the keynote speaker at the 2014 Workers' Injury Law and Advocacy Group Conference. Schechterle survived being hit in his police car by another car going 100 mph. His car burst into flames and he endured 700 degree temperatures. He suffered severe burns to over 40% of his body which drastically altered his appearance. He discusses how he has succeeded through 52 surgeries, his experience listening to interviews on the night of the accident, and the response of his wife and three children. Since the accident in 2001, Schechterle travels the country as a motivational speaker and has written two books about his experiences, Burning Shield and Beyond the Flames.

Workers Comp Matters host Alan Pierce interviews Farmworker Justice President Bruce Goldstein at the 2014 Workers' Injury Law and Advocacy Group Conference. Goldstein describes the impact immigration policy has on farm workers' ability to access workers' compensation programs and other labor rights. He explains that 50-70% undocumented migrant or seasonal farmworkers are being exploited due to fear of deportation, minimal education, or lack of legal assistance. Farmworker Justice is a Washington D.C. based organization that focuses on immigration policy, labor rights, occupational safety, health, and access to justice for migrant farmworkers.

Workers Comp Matters host Alan Pierce interviews Billie-Marie Morrison about the ethical and legal considerations surrounding social media use at the Workers' Injury Law and Advocacy Group's 2014 Conference. Morrison explains that lawyers often think of social media when marketing, hiring, or advertising, but forget the ethical implications of giving legal advice in personal blogs or tweets. During a case, she emphasizes, anything written on social media by lawyers, legal staff, or clients can be discoverable. Billie-Marie Morrison is an attorney at Craig P. Kenny and Associates in Las Vegas and is a presenter at the WILG conference.

Workers Comp Matters host Alan Pierce interviews attorney George Santini at the Workers' Injury Law and Advocacy Group's 2014 Conference. Santini discusses states that allow businesses to opt out of workers compensation, the "exclusive remedy" provisions of workers' compensation law, dispute resolution in these states, and constitutional or legal challenges to the adequacy of these benefits. George Santini has had a private practice since 1984 focusing on workers compensation, personal injury, and domestic relations and is a speaker at the WILG conference.

Workers Comp Matters host Alan Pierce interviews attorney Annemarie Pantazis at the Workers' Injury Law and Advocacy Group's 2014 Conference. They discuss how the Affordable Care Act, or Obamacare, affects workers compensation benefits, the ACA's policy on subrogation of treatment provided during the pendency of the case, and income qualifications for the ACA vs Medicaid. Annemarie Pantazis is a workers' comp attorney who has been practicing for 15 years, a board certified specialist, and on one of the panels at the WILG conference.

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.

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.

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.

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.

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.

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.

Sherri Shepherd,of ABC's "THE VIEW" joins InDaNo LIVE! Tonight with host, Shawn Pelofsky & Plunket. She will be on LIVE on the beginning of the broadcast. Chat with us live or call into the show to talk to Sherri!

Sherri Shepherd,of ABC's "THE VIEW" joins InDaNo LIVE! Tonight with host, Shawn Pelofsky & Plunket. She will be on LIVE on the beginning of the broadcast. Chat with us live or call into the show to talk to Sherri!

Join us live for our Christmas eve show! The last show of the YEAR! Tonight instead of caroling--we'll be having a guest from an abortion clinic! Listen LIVE to hear what we have to say!

Join us live for our Christmas eve show! The last show of the YEAR! Tonight instead of caroling--we'll be having a guest from an abortion clinic! Listen LIVE to hear what we have to say!

Cigarette Jennings was actually Alan Pierce.

Cigarette Jennings was actually Alan Pierce.