Workers Comp Matters

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 st...

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 Compa...

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,...

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 pub...

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. I...

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...

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 he...

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...

Due to recent constitutional challenges to workers' compensation in certain states, a nationwide debate among legal professionals has been ignited. How has this system evolved over time and in what ways might it change in the future? In this episode of Workers Comp Matters, guest host Judson Pierce speaks with Workers Injury Law & Advocacy Group President Alan Pierce about the future of the Americ...

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...

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...

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 A...

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. Despi...

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...

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. Learn more about your ad choices. Visit megaphone.fm/adchoices

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’ compensati...

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...

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 depressi...

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 worke...

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...

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 o...

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 er...

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 progra...

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 Mel...

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. T...