Guest Paolo Longo is a partner with the law firm Bichler & Longo PLLC in Orlando, Florida. He specializes not only in helping injured workers, but also those injured workers who happen to be first responders. 

While physical threats are ever-present, PTSD is more common than many know. The hard part is getting victims and doctors to open up and talk about it. Police, fire, and corrections professionals are tough people. But the stress and injuries they suffer are real.

How do first responder Workers’ Comp cases differ by state? Where do some issues fall under the so-called “presumption law?” First responders today are exposed to hazardous materials, toxic smoke, and traumatizing situations. As advocates push awareness of the physical and mental challenge they face, it’s up to Workers’ Comp attorneys to stay current. 

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com. 

When do employers check work authorization, and how often can they? What do employers need to be looking for? And what industries are most affected? 

While the Trump v. Casa case may not have brought the clarity many in labor and employment law sought, it was simply a procedural move that limits jurisdiction, it’s not the final word. This gets confusing in a hurry as the labor and employment professionals grapple with protective status, refugees, temporary status, and workforce eligibility issues.

Hear insights from accomplished guests Jonathan Grode and Ingrid Nava into where shifting immigration policies may affect labor and employment law and what some of these decisions mean across the country and across labor sectors. In today’s uncertain times, it’s important to understand the limits of what employers can do, even when they are trying to do the right thing, as well as the rights of employees. Confused? You’re not alone.

If you’re covered by Workers’ Comp, the ability to challenge the employer in court for injuries and pain and suffering may be limited. Workers’ Comp is the remedy. We are covered by Workers’ Compensation because that can be a good thing, but we may give up the right to sue. Ideally, it’s a fair deal for workers and employers. “The Great Bargain.”

But there are twists and turns. Negligence, bad faith, family medical leave needs, disabilities, “double compensation,” and third-party interests all add to the puzzle. When does an injured worker get the “green light” to seek compensation outside of the exclusive remedy? 

And what about non-injury damages like defamation, malicious prosecution, slander, or mental anguish? Or what if a “leased” employee (think temp agencies) is hurt? While the exclusive remedy simplifies the management of workplace injuries in many cases, it’s not always as clear as it seems, and it’s important to know where the exceptions lurk. The goal is always to make injured workers whole. Every case matters. 

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com. 

Guest Enrique Flores is the founder of the Flores Law Group in Indianapolis, Indiana, and a leader in immigrant workers’ rights. The son of immigrant parents, he says immigrant workers have always sought to live and work unnoticed, “invisible.” But in today’s charged political climate, the fear is real. 

When an undocumented worker contacts you for legal assistance, understanding the Workers’ Comp laws in your state is vital. Times may change, but the law and protections haven’t. The law provides benefits for people who are injured at work. What’s changed for workers is the importance of living a lawful life. Clients should stay out of legal trouble, ensure their car is legally registered and in working order, and avoid giving anyone a reason to question them.

At the workplace, if immigration services show up (ICE), clients should know to stay calm and carry what are called “red cards” detailing their rights along with the card of an attorney they can call. The law still works for injured workers, no matter their immigration status. For attorneys, a little proactive outreach to the community could go a long way. 

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com. 

A reminder, while some of these cases may have puzzling or humorous elements on their face, it’s never funny when a person is hurt. We may wonder what people were thinking when these incidents happened, but we can learn from each case. For starters, always expect the unexpected.

An employee who thought her boss provided gluten-free pizza was actually fed pizza with gluten in it (what followed after her Workers’ Comp claim was denied is educational and clever). Or an octogenarian, part-time attorney who slipped and fell when he was summoned from his home office to a workplace office and claimed it was an exception to the “going and coming” rule? How about the “personal comfort doctrine” and the breakfast sandwich incident? 

These and other unusual cases spotlight both employee behavior and how Workers’ Comp rules vary by state. They may challenge the way you view your own cases. This episode is well worth your time. 

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com. 

Referenced Links:

Thomas A. Robinson blog, WorkCompWriter.com

Walter A. Zerofski’s Case, Masscases.com

When it comes to injured workers, they’re not that much different than an injured athlete. In both cases, the things they do can be a big part of their identity. And getting back to work is imperative. It’s not just physical, it’s mental. We all have different layers of what makes us who we are, and work is a big part of that. 

Hear how Yeh learned how injured workers depend on doctors and the Workers’ Compensation system to help them cope both mentally and physically and get back to their lives. There’s no “cookie cutter” approach, and your clients depend on your understanding, compassion, and expertise. 

Medical technology is rapidly evolving. Even the terms you need to know can change. Yeh explains some options that injured workers can explore, especially in cases involving injuries that would have been irreparable just two or three years ago. If you’re representing injured clients, it’s up to you to stay current and help them understand their options, available treatments, and the mental struggle of getting back to normal. 

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com. 

Guest Robert Mattson is an experienced corporate communications leader and coach. But his skills go beyond that. He acts in and writes plays. He is also the founder and principal at Intrigue Communications and Coaching. He helps people not simply communicate but also tell a story. 

When you’re in front of a jury or arbitrator, you’re performing. It’s part of our everyday lives. Are you consciously telling the story that will help your client achieve the best outcome? 

Facts are vital. No argument there. But having the skills to help your audience understand those facts, embrace them emotionally, and understand what they are hearing is every bit as important. Mattson explains how understanding how stories are told makes you a better communicator. It’s more than an art, it’s a science. (Plus, he shares the three most important words in storytelling.) 

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com. 

There’s room for both automation and technology and face-to-face discussion, understanding the nuances of every situation, and negotiating. 

Kelly shares his process and how he puts his 40+ years of experience to work, from soup to nuts. Hear what he considers and how he works with both employers and third-party insurers to reach a settlement that fairly compensates a worker while making sure a claims provider stays in business. 

What role will today’s emerging AI technology play? Kelley says it can be an excellent tool for efficiency, but nothing will replace an adjuster’s wisdom and experience. 

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com.

Stress and workplace trauma is real, and recognition of these injuries is developing, but there are still complicating factors. Did workplace stress cause a heart attack, or was there underlying heart damage? What constitutes post-traumatic stress, and at what point did that stress occur on the job? 

There’s a lot to unpack. Daily on-the-job stress versus something truly unusual at the workplace; cumulative versus traumatic stress; faking versus real injury; causation; and privacy (HIPAA) all factor into a decision regarding compensation.

We all know a broken arm when we see it. But understanding a damaged mind can be tricky. First responders, air traffic controllers, and factory workers all face stresses, but not all stress is the same. Hear how jurisdictions differ in their view of psychological injury Workers’ Comp claims. 

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com. 

WCRI studied the impact of attorney representation when it comes to indemnity payments (income replacement benefits) for injured workers in what, on its face, is supposed to be a straightforward Workers’ Compensation system. What impact, statistically, does having an attorney represent an injured worker have on payments? 

Not surprisingly, Savych’s research found that for workers, having an attorney represent them in their claims can result in higher payments, but there is still work to be done. And, as host Alan S. Pierce notes, it’s even possible involving an attorney can save the Workers’ Comp insurance company money by identifying other parties who are liable for the injury through negligence. But then, what about attorney fees? There are myriad factors to consider, and, as we know, every state is different. 

If you’re an attorney who represents injured workers in Workers’ Compensation claims, or you’re otherwise connected to the world of Workers’ Comp, consider joining WCRI as a member.  

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com. 

The key, he says, is to avoid “tunnel vision.” Learn to see issues from multiple angles. Take in the whole picture. In hockey, keep an eye out for penalties behind the play, and when a worker is hurt, especially a military veteran, watch for multiple claims to pursue as you seek to best represent your client. 

When we talk about veterans’ claims, we’re looking at three areas: pension benefits, compensation for injuries, and “DIC” benefits, the dependency and indemnity claims for families who lost a loved one or who have a loved who was disabled. It can get tricky, and there are unscrupulous “representatives” eager to trick potential clients into making payments that are already covered by the compensation programs. 

Representing public servants and veterans is nuanced. Some disabilities aren’t physical. Post traumatic stress disorder (PTSD) may not be evident at first but can manifest itself later. That’s still a real disability, and vets deserve compensation to help them recover. Some veterans may not even know help is available even a decade or more after service. And clients may also not understand a VA “denial” isn’t the end of the road. There are alternatives and appeals. 

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 

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 

Guest Nikki Mehrpoo speaks from a lengthy career in law focusing on Workers’ Compensation and immigration law. In Workers’ Comp cases, the ability of a judge, mediator, and arbitrator to listen without bias and weigh cases solely on the facts and the law is crucial. 

And as a legal professional, when representing a Workers’ Comp complainant, it can be especially vital to sift facts from biases and prepare a case that clearly presents the facts in a manner a deciding party can follow. 

Mehrpoo also shares some excellent career advice on the importance of legal technology, keeping up with the latest developments in tech and the law, and finding a mentor. Your education is never complete. Embrace every opportunity to pick up a new skill and new information, whether that’s from an industry newsletter, a quick tutorial, or in a classroom. Take the time to invest in yourself.

If you have insights you’d like to share or a topic you’d like us to take on, please send us a note at Jfrancisco@lawgical.com and HaveASipp@gmail.com.

As guests from digital communications platform Gain Life Tycho Speekenbrink and John Peters explain, claims are complicated. But automation can help speed the process by analyzing how prior cases and even patient locations have worked in similar cases. Today’s tech can help both sides eliminate bottlenecks, including routine treatment approvals, medical appointment scheduling, even transportation to and from care. Hear how AI can accelerate and simplify the process. Can AI help adjusters get past routine tasks and learn a little bit about empathy and collaboration, things that work for both the worker and the adjuster? 

Workers’ Comp is struggling to get past the old “snail mail” and paper files era. Hear how AI can advance reaction time and attract new, younger, talent that has grown up in the digital age. The systems aren’t yet perfect, but you don’t want to be left behind. Change (for the better) is coming. AI won’t replace adjusters and attorneys, but it will help them do their jobs better.

We all have biases. Sometimes they get in the way and keep us from caring. From social media to traditional learning to storytelling and anecdotes, how do those biases influence our assumptions when it comes to making workers whole and getting them back on the job after a workplace injury? 

In her article, “Empathy’s Impact on Workers’ Compensation: Elevating Care for Injured Workers,” Muselman writes, “Empathy is the ability to understand and share the feelings of others. In the Workers’ Compensation field, it involves recognizing and acknowledging the emotions of injured workers, seeing things from their perspective, and responding with compassion and understanding. Empathy goes beyond sympathy, which is pity or sorrow for someone’s misfortune. Instead, empathy involves a deeper connection where we can truly comprehend and relate to another person’s emotional experience.” 

Wouldn’t it be great if we could step away from an adversarial position, stop trying to assign blame, and start thinking about the injured people and their families? It’s a new approach but perhaps a better one.

Guest Maya Rashid is a recent graduate of Penn State Law and the winner of the College of Workers’ Compensation Lawyers’ student writing competition with her article “Revitalizing Recovery: Exploring Workers’ Compensation Coverage of Alternative Medicine.”

Fighting for clients seeking treatment through alternative medicine under Workers’ Comp? Even traditional medicine can get tangled in case law and treatments, but when it comes to alternative medicines, where do you, and your clients, stand?

It’s a confusing issue, trying to figure out how injured workers can choose their own care and recovery path versus what insurers and jurisdictions determine is “reasonable.” The word “reasonable” varies across jurisdictions. Not to mention the confusion of medical bill coding. If you, and your clients, are confused, you aren’t alone.

Guest Vennela Thumula, Ph.D., works at the Workers’ Compensation Research Institution – a nonprofit, objective provider of research and analysis – and is the lead author of this year’s WCRI report, “Importance of Psychosocial Factors for Physical Therapy Outcomes.” The role of psychosocial factors is increasingly being recognized as a major factor in recovery. 

Understanding a clients’ mental state – and its impact on recovering – may be just as important as their injury diagnosis when it comes to achieving full compensation and helping them return to a full, productive life. Just because you can’t see an injury doesn’t mean it isn’t there. What you hear on this episode of Workers’ Comp Matters may change how you approach each client’s individual situation.

Bodily wear and tear, the result of daily repetitive labor, is real. Think of the brick mason on his knees for decades or the mechanic crawling under vehicles and lifting heavy items, or the carpal tunnel injuries from working at a keyboard week in and week out. These injuries pose challenges when asked for a “date of injury” on a claim form. 

For attorneys representing victims of repetitive stress, clarity is key, explaining clearly to the investigator that there is no single date. The injuries were the result of the entire period of labor. Lawyers need to think creatively to fully communicate that the injury is the direct result of the workplace. 

We all “break down” as we age. For a successful claim, attorneys must show that the traumatic “wear and tear” injury is a direct result of the workplace, not simply the result of ordinary aging.

The 100+ year old system of Workers’ Comp has evolved and continues to change and adapt. But the bottom line is we still have a duty to care for injured workers. How do we fit today’s challenges into an old model? 

There’s a growing debate today in both legal and government circles over the definition of worker/employer relationships. The world today is more complex than when compensation rules were developed, and the nature of work has moved beyond old factory and mining jobs.

Contract workers, gig employees, and working remotely are shaking up the working world. Who should cover an Uber driver? As unions fade, who helps injured workers understand their rights, file claims, and protects them from retaliation for asking for compensation? Robotics, AI, rush warehouse fulfillment, and even jobs that haven’t been invented strain the limits of our current system. This is a fascinating conversation. 

A schoolteacher whose leg “fell asleep” while he sat in a classroom falls trying to stand up. He broke his femur. Is he entitled to compensation from his employer? 

An Amtrak baggage handler was visiting the restroom when someone tossed a firecracker into the room. Startled, he fell and was injured; is Amtrak responsible? How about a city worker who says he picked up a firecracker he found on the job, and it mysteriously exploded, injuring him? 

People get hurt at work, but as these and other cases illustrate, it’s not always the responsibility of the employer. (And sometimes, workers do silly things…).

Guest Jared Vishney is the founder and CEO of the medical record retrieval technology company Arctrieval. He says most firms wait more than three months for medical records, some as much as four months or more. HIPAA regulations (and penalties) have turned medical record holders so risk averse that it’s hard for patients to get their own records. 

The rules around HIPAA and medical records are murky. How much time do institutions have to turn over requested records? How can attorneys and clients push providers to turn over records faster? Workers’ Comp attorneys may find themselves caught in a disconnect between medical record technology and a web of legislation that is supposed to oversee electronic health record systems and rates for copies of those records. It’s hard for clients and attorneys to know they’re getting the full picture, and costs can run into the thousands of dollars. 

Hear about tips and tricks for getting the records you need. If you’ve been frustrated by a tangled medical records system, this episode of Workers’ Comp Matters is for you.

What is “Long COVID?” How big is the problem? Is it even real? Is a pandemic an occupational disease? Savych is investigating who should pay and who decides how much a claim is worth. Imagine months, maybe years, of shortness of breath, brain fog, anxiety, and chest pain. The question is whether the workplace is responsible. 

For Workers’ Comp attorneys representing clients, this becomes an issue of connecting the workplace to the initial infection, then to “Long COVID,” and finally to the worker’s ability or inability to return to work. 

If you’re confused, this is the place to start. Four years after the onset of COVID, we’re still learning new things and still committed to helping workers recover and get back to their jobs. 

When you’re working from home and slip and injure yourself in your own bathroom during the workday, who is responsible? If you are hit by a careless driver while conducting a business meeting by phone in your car, who pays?  

Guest Cathy Surbeck of Surbeck Law is the incoming president for the Workers Injury Law & Advocacy Group (WILG). She shares how WILG members are grappling with a legal system that is struggling to keep up with the evolution of the workplace. 

And while financial support is crucial in any workplace injury, so is medical care, rehabilitation, and recovery. After COVID, many care providers have shifted to a hybrid office and telehealth model. It remains to be seen whether this model can help an injured worker fully recover and return to work. 

This is a challenging time for the Workers’ Comp field. Everything is changing, from where we work to how we receive care, and even how resolution hearings are held. Don’t be left behind.

The rich are getting richer, the middle class is seeing the bottom drop out. Why? And what do seismic shifts in wealth mean for the future of the middle class, unions, and the lawyers who represent them? 

Organized labor and a strong middle class have been the drivers of Workers’ Comp protections. Without them, we may need to worry about the future. But as Pederson explains, a renewed interest in union membership and strength could be the turning point for workplace protections. 

If the American working class is being conned, how can Workers’ Comp lawyers help?

This is a tough issue that comes down to what’s called the “exclusive remedy,” meaning Workers’ Compensation protections are understood to be responsible for workplace injuries, replacing civil tort liability. But if a spouse isn’t part of the employment contract, does “The Grand Bargain” apply? 

Remember the sickened meat packers during the pandemic. The legal system said family members of workers who infected them, as a result of contracting the illness at work, cannot sue the workplace. Workers’ Comp trumps the civil case, even in case of employer negligence. Now, let’s go deeper. What about a non-family member, such as a romantic interest, or a friend? 

This episode goes down a rabbit hole. But if you’re an attorney representing workers in workplace injuries, you’ve got to be thinking this way. How far does exclusive remedy go?

Guest Connor Thomson is a second-year law student at Villanova University who won the College of Workers’ Compensation Lawyers John F. Burton Jr. Law Student Writing Competition with his paper “Fight Fire With Fire: The Need For Carriers To Be Afforded More Duties And Privileges To Combat The Pandemic Of Workers’ Compensation Insurance Fraud.” He explores an interesting, challenging issue in Workers’ Comp: Are employees sometimes cheating the system? 

Workers’ Comp insurance fraud is a multibillion issue. Thomson takes a deep dive. The system does a lot of good, and employer fraud hurts workers. It happens. All fraud is wrong. But sometimes employees cheat, they collect a check for a workplace disability, but they work on the side, maybe under the table. That’s not a victimless crime either. It hurts us all, Thomson argues. 

Sure, employers do check on workers who file claims, including the use of private investigators. And that comes with its own issues. But Thomson says controlling insurance fraud may have its place. If carriers can’t investigate, does everyone suffer because of higher insurance costs? This is an intriguing issue. 

Kelli Masters is an attorney, an NFL sports agent and Founder and President of KMM Sports, a full-service sports management company with offices in New York, Los Angeles and her hometown of Oklahoma City.

Daniel Hare is the founder and president of Varsity Search, a legal recruiting company dedicated to building great teams by bringing together lawyers and law firms.

Brian Michael Cooper is an accomplished sports executive, currently holding the positions of President & Chief Operating Officer at the American Flag Football League.

Many of us see ourselves as our job. It’s part of our identity. Being stripped of that routine may lead to feelings of isolation or loss of identity. Having someone to talk to about those feelings can help people adjust and move forward. 

Assistance is offered discretely, even anonymously. There’s no need to provide a case number or any details. No insurance companies need to be involved and no medical records are needed. Kind Souls Foundation simply wants to help. 

If a client or someone you know has been displaced from work due to a health event and could use emotional support, they can contact the Kind Souls Foundation at their website, https://www.kindsoulsfoundation.org/ and schedule a session. Help is available online through a face-to-face video connection, through text and chat sessions, or by phone. 

Sponsorship opportunities are available at the Kind Souls Foundation website. Individual donations are accepted online at https://kindsoulsfoundation.charityproud.org/Donate .

Guest Jenifer Dana Kaufman is a Pennsylvania Workers’ Comp attorney who has developed a wealth of experience where marijuana law collides with fair compensation and treatment. In this episode of Workers’ Comp Matters, hear how Kaufman unraveled a complicated case and how competing state and federal laws tangle the issue of appropriate care when marijuana is involved, even when prescribed in a state where medical marijuana is legal.

Intent and medical recommendations matter, but can insurers be required to pay for a drug that is technically illegal under federal law? What’s the difference between an insurer paying directly for marijuana vs. reimbursing a patient? Take a deep dive into how marijuana therapy as a Workers’ Comp issue continues to develop.

Kids’ Chance provides scholarships to the children of injured workers. When a worker is hurt, or even killed, on the job, ripples spread throughout the family. Kids’ Chance is active in all 50 states and has awarded more than 9,300 scholarships. Hear how just a Workers’ Comp claim number can translate into scholarships for children of injured workers. Kids’ Chance offers a streamlined approach, laser focused on filling the gaps a workplace injury can create.

As a claimant’s attorney, you can help connect survivors with resources. Kids’ Chance is another tool in your toolbox as you help clients and families recover. Talk to your clients, ask how you can help, and learn about the services that support not just injured clients, but their families as well.

The field of helping workers recover from workplace injuries can get better, through training, tech, and, most importantly, through a renewed focus on recovery.

Wilson asks how can we bring the human element back. For attorneys representing both the injured worker and employers – even insurers – it seems we’ve forgotten about people, injured people the families who depend on them. Maybe it’s time to focus on restoring lives, not “processing claims.”

Dive into the world of making injured workers whole. Go beyond “compensation” and focus on “recovery,” getting to the right doctors, the right treatment, and getting back to feeling independent and enjoying meaningful work. Workers’ Comp is there to provide financial resources when workers are injured, but Wilson believes we go beyond “comp” and get to “recovery.”

The best claim is a closed claim. Is it sometimes better to simply settle a case fairly, to reach an accord, than let it linger and get worse. When a significant injury is involved, going before a judge can be risky. Seeking a settlement that is fair can be a better solution.

But how are settlement values calculated? This is the complicated part. Best case, worst case, and the fair target range. At what point do you make an offer?

Every case is different, and there is no “standard.” By talking with each other, maybe we can understand what the worker needs and what the company is responsible for. This is Workers’ Comp, not tort cases. There is no “pain and suffering” as in a civil case, but that can be hard for workers to understand. And with older workers injured on the job, Medicare eligibility adds a whole new twist. It’s a major factor easily overlooked. A settlement isn’t always just between the insured and the worker, there are other parties to think about. This is an eye-opening episode full of insights into the fine art of settlements.

Post-traumatic Stress Disorder is a real thing, PTSD. How does this fit into state Workers’ Comp protections? You can’t see these mental scars. And every state is different. Some states don’t offer benefits for these issues.

The military and the Veterans Administration understand the damage we can’t see, but it’s unclear where first responders fit at a state level Remember, every state has its own rules. This is a tough one, but we’re talking about our hometown heroes. There can be a stigma, and sometimes issues don’t get reported until it’s too late, or the chain of command drops the ball.

And unlike falling off a ladder or getting in a car wreck on the job, PTSD injuries may be the result of repeated incidents over a long term. It’s hard to say “when” the mental injury happened, how do you make that claim? Courts are struggling with this. Non-physical stressors may be limited to a single incident, not a working lifetime of stress.

We owe first responders support and care when they need it. This is a confusing and complicated issue. But this is important.

• The “Skiing Chaperone Case,” is about a teacher who accompanies a school ski club as a chaperone. Is she eligible for Workers’ Comp if injured while skiing? Is this a work injury, or did her volunteer status exclude her? After all, skiing is fun. The answer may surprise you.
• A worker on the job outdoors needed to relieve himself. He was standing on a railing over a concrete slab six feet below, unzipped … and he fell and was hurt Unfortunately, he also had an elevated blood-alcohol level and an indication of drug use. So, did the “the personal comfort doctrine” apply, or did intoxication trump his claim?
• Plus, a law enforcement officer attending a conference partook of a “hospitality” suite, enjoying alcoholic beverages before falling off a balcony to his death; A truck driver who stepped into boiling water when he was awakened in his truck cabin; And an obese woman who got stuck in her workplace cafeteria booth, breaking a bone.

These are real cases, and real people were hurt. No injury is funny or subject to ridicule. But these cases illustrate the challenges Workers’ Comp attorneys face. Every worker is important and entitled to protections, but many cases are far from clear cut.

The LHWCA is unusually generous to protect this vital workforce. Six figure awards are not uncommon. Learn what you need to know about this highly specialized field of Workers’ Compensation from a 40-year veteran. If you’re working with an injured dockworker, or are considering practicing in this Workers’ Comp niche, this episode of Workers Comp Matters could be the most valuable 30 minutes you’ll ever spend.

Telling your story in court is acting. It’s important to use your story, your voice, and your body in concert to create a relationship with your “audience,” whether that’s a jury or a judge. It’s about effective communication.

Law school may prepare you for reading, interpreting, and writing the law. But what about performing? Authenticity and confidence create your courtroom presence. Get beyond explaining your case in legal terms to making your audience “feel” your story.

Learn about “getting off book,” taking your eyes off the printed page and looking into the eyes of the jury or judge. It takes practice. Rehearsal is not just for stage and screen! Understand how to recognize and replace old habits and crutches – be aware of your every word, gesture, and movement. Just like the practice of law, the art of acting requires study and effort. But you might even enjoy it.

Things get interesting when a case involves an athlete making millions of dollars. Even in a case of “maximum medical improvement” a player at the highest level may never return to the field, and it would be hard to match his or her former income in another line of work. How are benefits calculated? What happens when stars want to see their own doctor rather than the doctors the team is familiar with? Then there are issues of jurisdiction if a player is hurt on a road game and issues regarding a player’s status as a seasonal employee since games aren’t played year-round.

When representing today’s highly paid sports stars, even issues of depositions that might become public or concerns about countersuits for a motion to tax costs become elevated. Dig into a fascinating look into a unique corner of the Workers’ Comp world.

Guest Ramona Tanabe is executive vice president and counsel for the Workers’ Compensation Research Institute (WCRI). In this episode, she explains the WCRI’s newly updated report, available now, “Designing Workers’ Compensation Medical Fee Schedules, 2022,” penned by the WCRI’s Olesya Fomenko and Te-Chun Liu.

Medical fee schedules, relative worth or value of medical services, state Workers’ Compensation calculations? Whew. When 50 states have 50 different procedures, it can be hard to follow the numbers.

Tanabe says it’s crucial to know how vastly different state payments are, payment gaps that have appeared, and how fee schedules can affect whether providers will accept a patient covered by Workers’ Comp.

This informative episode explains how rates for patient care are calculated and implemented for clients hurt on the job.

Guest Abbie Hudgens, Administrator of the State of Tennessee Bureau of Workers’ Compensation, shares her thoughts on how far we’ve come with the “great bargain” that balances workers’ rights and the need to file a lawsuit for any injury on the job.

It’s a bit messy to this day. Fifty states, 50 systems. Are higher-paid workers being shortchanged? Should older, rural, or less educated workers receive more than others when they are injured and can’t work. And what’s the goal of a Workers’ Comp system, security for life, or helping workers get back on the job.

There remain many questions about disability and impairment, and even partial disability. It’s a fragile balance. As we’ve said, it’s complicated.

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.

The report examines the role of industry and the government during the COVID-19 pandemic and the effects on workers including illness, deaths, and worker safety violations.

From the start of the pandemic, the Center found businesses mishandled the situation and put front-line workers in peril. But issues didn’t end there as government protections, Workers’ Comp, and the civil justice systems continued to fail workers.

Go beyond data to the tragic personal stories as promised protections were pushed aside. Were the working people who kept the U.S. fed and supplied with goods – often lauded as heroes and essential – intentionally put in harm’s way in the name of profit? Who got stuck with the tab, and what did we learn?

Communication is vital, and those with limited English proficiency often need help. Wisniewski shares tips on helping foreign workers communicate the extent of their injuries. American demographics are changing, but our system of protections is for everyone. A competent, certified interpreter is one key.

Undocumented workers, and even documented immigrants, may not know they have rights or may be afraid to speak up. Some may not have valid tax ID information or may work under an assumed name. Others may have left the country or been deported after an accident.

What are cultural tells? How do other cultures react in a courtroom? How do legal professionals vet interpreters? How can you ask simple, direct questions that may uncover information a case hinges on? These and other tips, in this episode of Workers’ Comp Matters.

Special thanks to our sponsor PInow.com, Posh Virtual Receptionists, and MerusCase.

Cao examines to what extent – if any – evidence of prior marijuana consumption can be used against injured workers, as a growing number of states legalize marijuana both for recreation and medical use.

The nexus of marijuana and injury compensation is a sticky issue. Evidence of marijuana can be detected in an injured worker’s system for weeks after use, unlike alcohol, but it can be present without indicating intoxication. How reliable is testing? How consistent are the rules across states? And what about presumed consent for a drug test after a workplace accident? All interesting topics that could affect your clients.

Special thanks to our sponsor PInow.com, Posh Virtual Receptionists, and MerusCase.

Crosland shares how important Workers’ Comp attorneys are both in fighting against efforts to weaken protections and in helping injured workers navigate a system that is increasingly adversarial and complex. 

Public understanding of Workers’ Comp is, for many, out-of-sight-out-of-mind. Until they need it. Workers’ Comp attorneys and the Workers Injury Law and Advocacy Group stand at the ramparts ensuring that working people across the country are cared for and supported when a workplace injury occurs.

Special thanks to our sponsor PInow.com, Posh Virtual Receptionists, and MerusCase.

Special thanks to our sponsors, PInow and MerusCase.

Hug specializes in maritime industrial cases, often under the Longshore and Harbor Workers’ Compensation Act and the very specific Defense Base Act, a World War II creation that covers workers on overseas assignments under contract to the military. 

The Defense Base Act is especially interesting in that it covers workers in all fields on military installations, from mechanical workers to teachers or even dentists and can include both physical and emotional disability. Compensation is most often handled through private insurers. 

In addition, Hug explains case timelines, representation across jurisdictions, and how lawyers are compensated for their representation.

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Before he died, Luis fought for every victim – past and future – of the terror attack, pressing Congress to pass a final, permanent victims’ fund, the “Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act.” 

This heartbreaking tale of determination is a testament to our everyday heroes and the advocates who never give up their fight to protect America’s workers. Take a moment to listen and reflect on the vital importance of worker protections.

Boyle shares how lawyers from across the country came together and rushed to head off potentially pointless class action suits in favor of protecting victims, survivors, and their families in apparent contrast to everything he’s ever stood for. What would be the point of winning a judgment if there were no one who could pay? It was a time when everything changed for tort law. 

Boyle’s tale coincides with the 20th anniversary of the most horrifying mass murder of our generation. The behind-the-scenes race to protect and provide for families is a story rarely told but truly represents the work so many in tort and workers’ comp law do. Don’t miss this episode.

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Feinberg compares the unique, Congressionally mandated process to current Workers’ Compensation and the raw emotions that made his charge painfully difficult. Working with thousands of survivors and injured victims, his team worked thr`ough their anger, sadness, and skepticism to resolve virtually every claim in 33 months. He calls his pro bono service “a patriotic obligation.” 

The podcast is the first of two commemorating the 20th anniversary of the 9/11 tragedy and how a nation came together to support the victims, grieve, and heal.

While the WWE has successfully argued wrestlers are contract workers, Catena sees cracks in the wall. What might a favorable ruling mean for other contract workers – and employers?

Special thanks to our sponsor PInow.com.

Special thanks to our sponsor, PInow.

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.

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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.

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Voc rehab expert Rhonda Jellenik and host Judson Pierce discuss how state programs differ and what role counselors like Jellenik play in the legal and job training processes.

Whether called on by a plaintiff or defendant, Jellenik helps determine whether the worker has transferable skills and what options for employment are available with and without additional training.

And because she works in Massachusetts, she often has the opportunity to work with injured workers in a more comprehensive way from testing, to planning and prepping them for job interviews.

Pierce and Jellenik talk about how assessments have changed in the shift from in-person to virtual meetings. And they discuss how an individual’s ability to join a video call is now part of Jellenik’s documentation.

Rhonda Jellenik is a nationally certified vocational rehabilitation counselor.

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He and hosts Alan and Judson Pierce discuss presumptions by statute, executive order, and administrative enactment.

Given the state of emergency, big questions emerging involve executive authority limits and what presumption for workers comp cases will look like as the emergency subsides.

For his part, Duff doesn’t believe the end is anywhere near, expecting the nation is only at the midway point in dealing with the pandemic.

Michael C. Duff teaches labor law, workers’ comp, torts and evidence at the University of Wyoming College of Law.

Special thanks to our sponsor, PInow.

Hosts Alan and Judson Pierce probe West on the future of work, with the increased use of automation and the continued growth of temporary and contract jobs.

While part-time, temporary, and contract jobs can add flexibility and come at a low cost for employers, they often don’t come with key social benefits including retirement plans, disability insurance, and health insurance.

Current public policy is based on a traditional model of long-term employment that no longer exists for many. And West asserts that America’s safety net is in dire need of a public policy overhaul that includes understanding and buy-in from the public.

The three discuss the implications of Proposition 22, which California overwhelmingly approved that allows gig economy companies such as Uber to keep categorizing drivers as independent contractors.

Darrell M. West is vice president and director of governance studies and holds the Douglas Dillon Chair at the Brookings Institution.

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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.

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Those who don’t take time out are more likely to burn out or make mistakes. By separating from the work and decompressing, there is time to recharge and fill emotional reserves, building resilience, Purinton tells host Judson Pierce.

Jayme Purinton is the founder and Principal Consultant at Blue Sky Consulting.

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Host Judson Pierce gets a legislative update from Peters on the major congressional initiatives to make Medicare fairer for workers and employers, set minimum workers comp standards nationwide, and improve federal oversight.

Essential workers are a primary focus of legislative activity, Peters says, in part because their roles have been undervalued for decades and because they have demonstrated how valuable they are in this current crisis.

“We say how they stood up for us. Now it’s time for America to return the favor,” Peters tells Pierce.

Lawyers interested in making laws more worker-friendly can write, email, and call their congressmen to emphasize the importance of essential workers, says Peters, who tells Pierce that “workers comp is an everyone issue” and largely bipartisan.

Amie Peters is a plaintiffs lawyer with Blue Water Legal in Edmonds, Washington.

Special thanks to our sponsor, PInow.

Ted Folkman is the founder of Folkman LLC and was previously a partner at Pierce Bainbridge in Boston.

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George Flores is a 2L at Penn State Law, University Park.

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Alan is the host of the long-running podcast “Workers Comp Matters”.  Check out his latest episodes here or subscribe wherever you listen to podcasts.

Visit Ringler to contact a consultant in your area about structured settlements.

Bill Minick is chairman of PartnerSource.

Want to hear more from Alan? Check out his recent appearance on the Ringler Radio podcast and be sure to subscribe through your favorite podcasting app.

Special thanks to our sponsor, PInow.

Special thanks to our sponsor, PInow.

Bernard D. Nomberg is a partner at The Nomberg Law Firm in Birmingham, Alabama.

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Roger Finderson is managing attorney at Finderson Law LLC in Fort Wayne, Indiana.

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Andrew Reinhardt is a partner at Reinhardt, Harper, Davc, PLC in Richmond, VA.

Joanne Marcus is executive director at Commonwealth Community Trust.

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Visit Ringler to contact a consultant in your area about structured settlements.

Deborah Minnis is an attorney and shareholder at Ausley & McMullen in Tallahassee, Florida.

Judge Sharon Velzy is a workers’ compensation judge in Van Nuys, California.

Randy Pollak is a certified specialist in workers’ compensation law and is the managing attorney of the in house legal department at Pacific Compensation Insurance Company.

Jack Goodchild is an applicants attorney and specialist in workers’ compensation law.

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Lauren Stiller Rikleen addresses these structural issues in her new book, The Shield of Silence: How Power Perpetuates a Culture of Harassment and Bullying in the Workplace. This new release combines thought-provoking research, extensive interviews and strategic recommendations for addressing misconduct in a wide range of scenarios. Rikleen argues that if we are to move forward, all sectors must recognize the systemic problems that have left victims unprotected and work to create a culture of respect in the workplace.

In this episode of the Modern Law Library, ABA Publishing’s Olivia Aguilar speaks with Rikleen about how workplace structures protect those accused of misconduct, why the study of unconscious bias is critical when discussing sexual harassment, and what is next for the #MeToo movement.

Special thanks to our sponsor, Headnote.

Fred Alvarez is a partner with Coblentz, Patch, Duffy & Bass LLP.

Jessica James is an employment litigation attorney with Orrick, Herrington & Sutcliffe LLP.

Lori Andrus runs her own law firm called Andrus Anderson, LLP and she specializes in fighting for equal pay.

Protima Pandey has been an advocate for gender justice and is the newly appointed director for the Office of Women’s Policy at Santa Clara County.

Jennifer Reisch is the legal director of Equal Rights Advocates where she’s responsible for directing ERA’s efforts to seek equality and justice for women and girls in schools and workplaces across the country.

Special thanks to our sponsor, PInow.

Ramona Tanabe is the executive vice president and counsel for the Workers Compensation Research Institute (WCRI).

Special thanks to our sponsor, PInow.

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.

Cathy Surbeck practices in the area of workers’ compensation with the law firm of Freedman & Lorry PC in Philadelphia.

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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.

Special thanks to our sponsors, Casepacer and PInow.

Christopher R. Brigham, MD is a leading international expert on human potential, impairment, and disability assessment and management.

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Robert E. Wisniewski is one of the premier workers’ compensation attorneys in Arizona dedicated to providing justice for injured workers throughout Arizona.

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Taylor O’Toole is a J.D. Candidate at Pennsylvania State University, Penn State Law.

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

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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.

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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.

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.

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Michael Gruber, a partner at Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP, handles workers compensation cases for the firm.

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Gerard Carney is the founder of Carney Law Firm and has dedicated his entire career to the representation of injured workers and their families.

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Visit Ringler to contact a consultant in your area about structured settlements.

Janice Skillings-Goff is a workers compensation attorney at Alan S. Pierce & Associates in Salem, Massachusetts.

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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.

Visit Ringler to contact a consultant in your area about structured settlements.