Workers Comp Matters

Active in lobbying for worker-friendly laws, maritime lawyer Amie Peters is focused now on workers exposed to the most risk during the global pandemic. Many think of medical personnel as essential workers. But Peters highlights postal workers, grocery workers, and longshoremen who have been on the job, in-person, during the pandemic. Host Judson Pierce gets a legislative update from Peters on the major congressional initiatives to make Medicare fairer for workers and employers, set minimum...

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...

As a Schedule I controlled substance, marijuana is not permitted for medical usage at the federal level. However, variance in state laws and conflicting decisions in recent appellate cases beg the question — should workers’ comp programs have the ability to reimburse the cost of medical marijuana for injured workers? Host Alan Pierce talks with George Flores, whose recent article on this topic titled, “Lewis and Bourgoin: The Growing Divide Over Reimbursement for Medical Marijuana in the...

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...

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...

Can lawyers do better work if they approach it with a marketer’s mindset? In this edition of Workers’ Comp Matters, Judson Pierce fills in as host and talks with Michael Fanuele about his career as a marketer and his new book, Stop Making Sense: The Art of Inspiring Anybody. Michael believes lawyers can be better communicators and create more impactful arguments if they work to inspire others. He shares insights from his book and tips for applying them to the practice of law. Michael...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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.

By 2019 millennials will outnumber Baby Boomers in the United States. The amount of American workers working for themselves is expected to triple to 42 million by 2020 with 42% of them estimated to be millennials. Workers’ Comp Matters guest host, Judson Pierce is joined by Ryan Benharris of the Law Offices of Deborah G. Kohl, as they explore the millennial aka the “Cut Back Generation”, discuss the gig economy, millennials vs. boomers, and how working remotely affects workers’...

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...