Workers Comp Matters

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...

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...

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...

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...

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...

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...

“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...

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...

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...

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...

For people with long term medical conditions that are expected to keep them from working for more than a year, Social Security will sometimes pay disability benefits. In this episode of Workers Comp Matters, host Alan Pierce talks to Janice Skillings-Goff about social security disability claims including who’s qualified to make these claims, eligibility requirements, and what to do if a social security claim is denied. They also discuss the role of an attorney in challenging a denial and...

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,...

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,...

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...

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...

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...

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...

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...

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,...