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PODCAST

Workers Comp Matters

Legal Talk Network

Workers Comp Matters is hosted by Attorney Alan S. Pierce, the only Legal Talk Network program that focuses entirely on the people and the law in workers compensation cases. Nationally recognized Trial Attorney, expert and author, Alan S. Pierce is a leader committed to making a difference when workers comp matters.

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All Episodes

40:12

Think You Know Workers’ Comp? The Times, They Are A...

Workers Comp Matters ·

2024/02/28

The “times they are a changing” in the world of Workers’ Compensation, a system developed when the relationship between workers and employers were more clearly defined. Guest Emily Spieler is an accomplished author, former professor, practicing attorney, and government official with a career that spans the space of workers’ rights, safety, and compensation.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

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36:39

When Things Get Weird, Volume 2: Unusual Cases of...

Workers Comp Matters ·

2024/01/16

A person getting hurt at the workplace is never funny. But it can be instructional to examine some of the strangest ways people manage to become injured at work. Hear about some “interesting” cases. 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

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36:43

Fighting The “HIPAA Police,” Accessing Your Client’s...

Workers Comp Matters ·

2023/12/19

HIPAA, the Health Insurance Portability and Accountability Act, is 27 years old. For better or worse, it was designed to protect patients. But in reality, it has also hampered attorneys in their quest for medical records critical to ensuring fair compensation for injured workers. 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

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28:39

Long COVID And Workers’ Comp, A Deep Dive Into A Real...

Workers Comp Matters ·

2023/11/21

Did we ever learn a lot during the once-in-a-generation health event that was COVID! Guest Dr. Bogdan Savych of the Workers Comp Research Institute (WCRI) is a policy analyst who is studying the lasting effects of the illness, as well as lingering cases of Long Covid. 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

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30:27

What Is A Workplace Injury When Your Home Is Your...

Workers Comp Matters ·

2023/10/17

Our understanding of work and workplaces may have been forever changed by the COVID pandemic. Many workers today are working from their own homes or conducting meetings by phone during their occasional trip to an office. 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

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31:25

How A New Documentary Movie, “Americonned,” Relates...

Workers Comp Matters ·

2023/09/19

Guest Dave Pederson is the producer of a new film, “Americonned,” that examines how the past few generations of workers have suffered from income inequality and been crushed by big business and its government influence. Wages aren’t keeping up, yet productivity has rocketed, on the backs of the American middle class. 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

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27:04

“For Every Wrong, A Remedy?” When A Workplace Event...

Workers Comp Matters ·

2023/08/15

What about the rights of an injured worker’s spouse and family members after a work-related injury or illness? Guest Michael Duff, law professor, former blue-collar worker, and expert on Workers’ Comp walks us through the California “Kuciemba Case,” a case where an employer may have violated COVID-19 pandemic regulations, infecting several workers. Victim Peter Kuciemba was infected and later his wife contracted the illness and ended up on a ventilator. Is he entitled to Workers’ Compensation

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29:41

The “F-Word” In Workers’ Comp: Fraud. Not Always The...

Workers Comp Matters ·

2023/07/18

Let’s talk about the F-word in Workers’ Compensation: Fraud. 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

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23:41

Support That Goes Beyond Lawyers and Doctors: Kind...

Workers Comp Matters ·

2023/06/20

Helping workers and their families get back on their feet after a workplace injury or other workplace-displacing health event takes more than legal aid, insurance, and even doctors. Injured workers are people first, and people have emotional needs. Guest Danielle Troxel is managing director of Kind Souls Foundation, a non-profit, donation and volunteer driven organization dedicated to helping displaced workers with the emotional support and services navigation assistance they need to recover. Many

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31:58

Medical Marijuana, Your Client, And Who Pays

Workers Comp Matters ·

2023/05/16

Marijuana was once fodder for stoner comedies and standup routines. But today, medical marijuana is a serious matter in Workers’ Compensation. Fair compensation, and proper medical treatment, is not always as clear as it should be. Laws evolve by the day, state by state. 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

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28:42

When A Worker Is Injured, So Is The Family: Helping...

Workers Comp Matters ·

2023/04/25

Guest Kathleen Fisher is an accomplished attorney in the field of Workers’ Compensation, but she’s also an active leader of the organization Kids’ Chance, dedicated to supporting the children of workers injured on the job. 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

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32:15

Back To School: Learning To Focus On “Recovery,” Not...

Workers Comp Matters ·

2023/03/21

Guest Robert “Bob” Wilson is a leader at Work Comp College, created to offer a deeper dive into workplace protections for employees. He’s not a lawyer or an academic type, but he’s long held an interest in the programs designed to protect workers and employers. 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

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36:59

Settle Down: How Settlements Work in Workers’ Comp Cases

Workers Comp Matters ·

2023/02/21

To settle or not to settle, often a question. Our guest, Jim Anderson, is a well-known Workers’ Comp attorney and a leader in the field in Mississippi. His input about “settlements” are respected, and he has led the field in helping both sides reach a solution. 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

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31:13

Urgent Need: Serving First Responders With PTSD

Workers Comp Matters ·

2023/01/24

We depend on our first responders – firefighters, cops, emergency room workers – every day. They protect us from harm. But what happens when they need our help? Our guest Robert Wisniewski is a Certified Specialist in Workers’ Compensation law with the Arizona State Bar and a military veteran. 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

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33:27

When Things Get Weird: Fascinating Cases, Different...

Workers Comp Matters ·

2022/12/20

A reminder that every case is different. Injuries occur in unusual situations that challenge how we think about Workers’ Compensation and how every state and jurisdiction applies the law differently. 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

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32:57

Longshoremen and Workers’ Comp Act — Coverage,...

Workers Comp Matters ·

2022/11/22

Enjoy a deep dive into the Longshore and Harbor Workers’ Compensation Act with a veteran of the field, guest Norman Cole. The Act is a federal comp provision that covers those who load, unload, and repair ships or work in related fields. It’s a fascinating field that differs from standard state compensation rules. For one, the injured worker doesn’t have to demonstrate employer negligence, as the work is inherently dangerous. In exchange, benefits are relatively defined. The LHWCA is unusually

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35:06

Embrace Your Inner Matlock: “Acting” In The Courtroom

Workers Comp Matters ·

2022/10/19

Guest Rachel Bailit is not an attorney, she’s an actor. So why is she a guest on a show about lawyers and legal issues? As an experienced acting teacher – in addition to an accomplished actor in movies, television, and live stage – Bailit specializes in teaching acting skills to public speakers, politicians, and attorneys. 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

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37:23

A Playbook for Tackling Workers’ Comp in Professional...

Workers Comp Matters ·

2022/09/28

It’s one thing when a shelf stocker slips at work and injures her back. It’s another thing entirely when a professional athlete blows a knee on the football field. Our guest this week is Jonathan Israel, senior partner at the Jacksonville, Florida, law firm RITE where he represents professional athletes in Workers’ Comp cases. 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

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33:20

Workers’ Comp Medical Fee Schedules: What You Need To...

Workers Comp Matters ·

2022/09/12

Workers’ Compensation is primarily designed to provide two benefits: payroll replacement for injured workers and medical payments to providers. But over the years, the process has become increasingly complicated. 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

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31:31

Has the “Great Bargain” Worked? Well … It’s Complicated

Workers Comp Matters ·

2022/07/29

Continuing our discussion of the 50th anniversary of the National Commission on State Workmen’s Compensation (as it was called) report. We’ve come a long way, but … it’s complicated. 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

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161 results

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