Workers Comp Matters

Workers’ Compensation for Harbor Workers and Longshoremen

Wed, 15 May 2013 10:46:04 -0600

Before The Longshore and Harbor Workers’ Compensation Act, policy covered those working on land and those working within navigable waters, and neglected worker’s on the harbor. This left harbor workers with nowhere to turn but litigation when they were injured on the job. On this edition of Worker’s Comp Matters your host Attorney Alan Pierce has invited Steven M. Birnbaum to discuss The Longshore and Harbor Workers’ Compensation Act, The Defense Base Act, and coverage for workers’ on the harbor.

Steven M. Birnbaum, Esq. started his private practice in 1983 specializing in workers’ compensation under The Longshore and Harbor Worker’s Compensation Act and the California Labor Code. He is a certified specialist in workers’ compensation by State Bar of California and a certified specialist in Admiralty and Maritime Law by State Bar of California. Birnbaum is a frequent lecturer on the topic of worker’s compensation and The Longshore and Harbor Workers’ Compensation Act.
Listen to the interview as two worker’s compensation specialists discuss coverage for those working on and along the water.

Chat with Two National Leaders of the Workers' Comp Bar

Thu, 02 May 2013 11:01:56 -0600

On the May edition of Workers’ Comp Matters Host and Attorney Alan Pierce talks with two highly-respected guests in the field of workers’ compensation attorneys. The first half of the show he will speak with President of the Workers’ Injury Law and Advocacy Group (WILG) Cathy Stanton regarding proposed Federal legislation reforming the law regarding the Medicare Set-aside requirements as well as the recently enacted SMART Act. Cathy Stanton is an attorney with experience in dealing with all types of workers’ compensation claims, including those related to occupational diseases. In addition to being the president of WILG, she is also a member of the New York State Trial Lawyers Association and other organizations. Stanton has been named Super Lawyer for 2012 in the specialty of Workers’ Compensation by Super Lawyers magazine, this is her 6th time receiving the award. The second half of the show Pierce will chat with Deborah Kohl, past president of WILG, and current president of The College of Workers’ Compensation Lawyers about the college and it’s efforts. Deborah Kohl has been an attorney working in the area of workers’ compensation and disability law for more than 30 years. Kohl has been listed in the national publication Best Lawyers in America and is a frequent author and speaker on workers’ compensation law.

Improving the Quality of Care for Injured Workers

Fri, 9 Dec 2011 12:40:27 -0500

In this edition of Workers’ Comp Matters, host Attorney Alan S. Pierce, welcomes Michael J. Shor MPH, Managing Director of Best Doctors Occupational Health Institute. Michael talks about his view of workers’ compensation, how to make sure that injured workers are getting the best medical care possible and how he works with both insurers and injured workers through their attorneys to achieve best the quality of care.

The National Association of Workers’ Compensation Judiciary

Fri, 17 Jun 2011 15:41:19 -0400

The National Association of Workers’ Compensation Judiciary (NAWCJ) was founded in 2009 to provide educational opportunities for the workers’ compensation judiciary throughout the United States. On this Workers’ Comp Matters, host Attorney Alan S. Pierce is joined by Judge John J. Lazzara and Judge Ellen Lorenzen, at the Workers’ Compensation Centennial in Boston, Massachusetts, to spotlight The National Association of Workers’ Compensation Judiciary. Judge Lazzarra talks about the mission of the NAWCJ, education and the monthly newsletter and Judge Lorenzen discusses membership, common battles in the workers’ compensation field and the agenda of the Judiciary College.

Celebrating 100 Years of Workers’ Compensation

Wed, 18 May 2011 11:57:39 -0400

Workers’ Compensation was the first social reform in America dating back to 1911. On this edition of Workers’ Comp Matters, host Attorney Alan S. Pierce, joins Andrew J. Reinhardt from the firm Reinhardt & Harper, PLC, at the Workers’ Compensation Centennial in Boston, Massachusetts, to discuss the latest in workers’ compensation and celebrate 100 years. Andy talks about his work with Workers’ Injury Law & Advocacy Group (WILG), legislative matters and upcoming congressional hearings in Washington DC pertaining to workers’ compensation.

Privacy, Clients and Social Media

Thu, 14 Apr 2011 09:17:39 -0400

Social networking has become a popular topic within the workers’ comp community. In this edition of Workers’ Comp Matters, host Attorney Alan S. Pierce, welcomes Attorney Jon L. Gelman, to take a look a social networking in the workers’ comp world. Alan and Jon discuss privacy and their clients, client responsibility when it comes to putting up information on social media sites and how social networking can be used as a portal to monitor clients.

Raytheon’s Integrated Disability Program

Tue, 15 Mar 2011 13:22:49 -0400

Returning to work after a disabling worker’s compensation injury involves many steps. In this edition of Workers’ Comp Matters, host Attorney Alan S. Pierce, welcomes Edmund C. Corcoran Jr., Director of Integrated Disability Programs for Raytheon Company and Daniel J. Knight, the Senior Manager of Workers’ Compensation for Raytheon Company, to take a look at the program, the interrelationship between workers’ comp and disability, returning to work, cost containment and safety initiatives.

Fraud & Symptom Magnification in Workers Compensation

Mon, 1 Nov 2010 15:54:53 -0400

There is a phenomenon that we all see in workers’ comp cases, whether representing the claimant or the insurer. An insurer or its medical expert might call it symptom magnification. In this edition of Workers’ Comp Matters, host Attorney Alan S. Pierce, welcomes Attorney Douglas Jones, founder and Member-in-Charge of the law firm, Jones Dietz, PLLC, to look at the process, discuss related topics such as malingering as opposed to a more legitimate form of pain disorder and touch on the broader subject of fraud, which many people equate to symptom magnification.

The History of Workers’ Compensation & the Workers’ Compensation Centennial 2011

Wed, 28 Jul 2010 14:06:40 -0400

The first constitutional workers’ compensation law in the United States was enacted back in 1911, and in recognition of this milestone of law, Massachusetts will host a centennial commemoration in April of 2011. In this edition of Workers’ Comp Matters, host Attorney Alan S. Pierce, welcomes the Honorable Richard S. Tirrell with the Department of Industrial Accidents and Attorney Joseph F. Agnelli, Jr., partner at Keches Law Group, P.C, to discuss the early origins of workers’ compensation and look ahead to the Workers’ Compensation Centennial 2011.

The Intoxication Defense

Wed, 5 May 2010 09:50:20 -0400

In this special edition of Workers' Comp Matters from an ABA TIPS 2010 Conference on National Trends and Emerging Issues in Workers' Compensation, host and Attorney Alan S. Pierce spotlights the intoxication defense in defending a workers' compensation claim. Alan welcomes Attorney Gregory T. Presmanes from Bovis, Kyle & Burch, LLC to discuss how to best investigate these cases, how to educate clients, medical privacy issues and the intoxication defense in other jurisdictions.

Workers' Compensation Surveillance

Thu, 8 Apr 2010 12:20:46 -0400

In this special edition of Workers' Comp Matters from an ABA TIPS 2010 Conference on National Trends and Emerging Issues in Workers' Compensation, host and Attorney Alan S. Pierce welcomes Jodi Harris from Blue Eagle Investigations, to discuss the pros and cons of workers compensation surveillance. Jodi will give an inside look at surveillance, combating the fraud that exists in the workers' comp system, ethical and privacy issues and the different types of investigations and surveillance when dealing with an illegitimate claim.

The Occupational Disease Pilot Program & Healthcare

Thu, 25 Feb 2010 09:10:00 -0500

Health Care reform continues to be at the forefront of the Obama administration's agenda. Host and Attorney Alan S. Pierce welcomes Jon L. Gelman to discuss health care and workers' compensation and the Occupational Disease Pilot Program: a close look at the delivery of medical benefits when it comes to occupational disease and how workers compensation may or may not fit into the big picture of universal health care or health care reform.

Workers' Compensation in the Immigrant Community

Thu, 28 Jan 2010 15:37:07 -0500

Host and Attorney Alan S. Pierce welcomes Marcy Goldstein-Gelb, Executive Director of the Mass. Coalition for Occupational Safety and Health (MassCOSH) and Stacie A. Sobosik, Esq. from the Law Offices of Martin Kantrovitz in Boston, to discuss access to workers' compensation in the immigrant community and the overwhelming challenges immigrant communities face in the workers' comp system.

A Look Inside the Workers' Compensation System

Tue, 16 Jun 2009 11:35:02 -0400

Is the Workers’ Compensation system really there to protect us if we are injured on the job? On this Workers’ Comp Matters program, host Attorney Alan S. Pierce welcomes Dr. Patrice Woeppel to take an inside look at the ins and outs of the workers' compensation system and discuss her new book, Depraved Indifference: the Workers' Compensation System.

Dissecting Fraud

Fri, 13 Feb 2009 14:53:24 -0400

On this Workers’ Comp Matters program, host Attorney Alan S. Pierce and Attorney Michael I. Fish, founding member of the Birmingham insurance defense law firm of Fish Nelson, LLC, will talk about the F word-fraud. It is something that makes workers comp attorneys on both sides of any case cringe. They will highlight employer fraud and hone in on premium misclassification and failure to obtain coverage by citing real life cases.

The Independent Medical Evaluation (IME)

Wed, 4 Feb 2009 14:52:22 -0400

Did you ever want to know what goes on in an Independent Medical Evaluation (IME)? On this Workers’ Comp Matters program, host Attorney Alan S. Pierce and Dr. David Cooper from the Knee Center, will take an in-depth look at the elements of the IME. They will discuss the Waddell signs, how long a comprehensive physical examination should take and the relevance of records from insurance companies.

MSA Update for Workers Comp Cases

Thu, 22 Jan 2009 14:51:25 -0400

Hear how to properly settle a workers’ comp case and comply with statutory requirements to create a medicare set aside program, allocation or trust. On this Workers’ Comp Matters program, host Attorney Alan S. Pierce, and Attorney Neal Winston from the firm, Moschella & Winston LLP, update Medicare Set-aside issues and discuss the implemented changes that will affect liability cases in 2009.

Cardiac Injury Claims

Thu, 8 Jan 2009 14:50:35 -0400

Cardiac injury claims in workers comp cases can be tricky. On this Workers’ Comp Matters program, host Attorney Alan S. Pierce, turns to Dr. Julian M. Aroesty, cardiologist from Beth Israel Deaconess Medical Center in Boston, to explore the basics of proving and defending a work related cardiac injury claim focusing on basic causation issues, the importance of accurate history and a look at the role of a pre-existing condition.

Workers Comp & the AMA Guides 6th Edition

Tue, 1 Apr 2008 14:49:43 -0400

Join host and Attorney Alan S. Pierce at the ABA Tort Trial & Insurance Section (TIPS) conference in Chicago recently for a candid discussion of the AMA Guides to Evaluation of Permanent Impairment, 6th Edition in this Workers Comp Matters. Join Alan with special guests, Dr. Christopher Brigham, board certified in Occupational Medicine, President of Brigham and Associates and Senior Contributing Editor to AMA Guides effective now in 2008 and Attorney Todd McFarren, partner at Rucka, O’Boyle, Lombardo and McKenna and past president of the Work Injury Law and Advocacy Group (WILG). What’s the importance of the Guides in workers comp cases as a standard to define the impact of an injury or illness? And hear the recent criticism from some lawyers in the plaintiff bar across the U.S. Hear the issues and answers!

Workers Comp National Trends & Issues

Tue, 1 Apr 2008 14:04:50 -0400

The future of Workers Compensation laws are changing. Trends show the laws are being reformed making it more difficult for employees and easier for big corporations when it comes to Workers Comp. Is there a trend to federalize the laws? The questions are raised during Attorney Alan S. Pierce’s Workers Comp Matters program discussed before an audience at the recent ABA Tort Trial & Insurance Practice Section (TIPS) conference in Chicago. Listen as expert guests, Professor Ed Welch, School of Labor & Industrial Relations at Michigan State University and Professor John F. Burton, Jr., School of Management & Labor Relations at Rutgers University join Alan in this peek at the future and where we go from here in Workers Comp legal issues. Special thanks to TIPS Chair & Attorney Len Nason for inviting LegalTalkNetwork to the conference.

Workers Compensation Post 911

Tue, 27 Nov 2007 14:47:43 -0400

On this Workers’ Comp Matters program, host Attorney Alan S. Pierce, turns to an expert to discuss the serious health problems of the World Trade Center rescue and the virtual collapse of the workers compensation system. Alan welcomes, Peter Rousmaniere, workers’ compensation consultant and author, who will discuss his in-depth article in Risk & Insurance magazine entitled Breach of Trust and explore the lives of the workers and workers compensation system six years after 911.

What Every Lawyer Needs to Know About Federal Worker Compensation

Mon, 19 Nov 2007 14:46:49 -0400

On this Workers’ Comp Matters program, host Attorney Alan S. Pierce, is joined by one of the leading experts on representing the federal employee in workers comp cases. Alan welcomes, Attorney Daniel Shapiro of Shapiro & Associates, as they discuss the basics of federal workers compensation cases, the fate of the injured federal employee, representing the federal employee, the work of the OWCP and Attorney Shapiro’s involvement in these cases.

Carpal Tunnel Syndrome and Other Repetitive Stress Injuries

Tue, 3 Jul 2007 14:45:50 -0400

On this Workers’ Comp Matters program, host Attorney Alan S. Pierce, turns to an expert to discuss Carpal Tunnel Syndrome and Other Repetitive Stress Injuries. Alan welcomes, Dr. J. Mark Melhorn, an occupational orthopedic physician who specializes in hands and the upper extremities. In addition to his practice in orthopedics at the Hand Center in Wichita, Kansas, Dr. Melhorn is a Clinical Assistant Professor, in the Section of Orthopedics, Department of Surgery at the University of Kansas School of Medicine-Wichita. Be sure to listen!

Back Injuries and Treatments in the Workers Comp Setting

Thu, 28 Jun 2007 14:44:25 -0400

Workers’ Comp Matters, hosted by Attorney Alan S. Pierce, devotes this show to Back Injuries and Treatments in the Workers Comp Setting. Alan turns to the expert, Dr. Joseph Barr, Orthopedic Surgeon from Massachusetts General Hospital, specializing in spine surgery, to discuss this hot topic. And you won’t want to miss ‘Case of the Day,‘ as we put Dr. Barr to the test!

Special Edition of Workers Comp Matters

Mon, 5 Mar 2007 14:39:19 -0400

Join WCM host, Attorney Alan S. Pierce from the ABA Mid-Winter Meeting of the Workers Compensation Committee with special guests discussing emerging issues such as the current MSA problem, legislative reform to make settlements in WC easier and the unforeseen issue of volunteers who have had to cross state lines in disasters such as Katrina and how that affects WC cases. You won’t want to miss the important news from guests, Attorney James A. Reiter, Chairman of the National Workers Compensation Defense Network and partner at the Michigan firm of Charfoos, Reiter, Peterson, Jones, Dorland & Hebertas well as Attorney Hervey Levin from the Dallas, Texas law firm of Hervey Levin.

Disability Prevention vs. Disability Management

Wed, 17 Oct 2007 14:33:25 -0400

Workers’ Comp Matters, hosted by Attorney Alan S. Pierce, devotes this show to disability prevention vs. disability management. Alan turns to the expert, Dr. Jennifer Christian of Webility.md to discuss this hot topic. Dr. Christian is Founder, President and Chief Medical Officer of Webility.md and chief designer of the business. She has a foundation of clinical expertise acquired during her 25 year career as a board-certified occupational medicine specialist. Don’t miss this discussion!

Psychiatric Disability

Fri, 21 Jul 2006 14:32:03 -0400

A disability may not be visible as physical injuries are, but psychiatric disabilities are just as serious. And physical injuries can be accompanied by emotional trauma or depression. How best to understand psychiatric disability in the workers comp case? Workers Comp Matters host, Attorney Alan S. Pierce discusses these issues with an expert in legal cases of this kind, Attorney Bernard Mulholland, principal in the firm of Ford, Mulholland & Moran, P.C. in Brockton, MA , practicing over 20 years and a legal expert in the field of workers comp and psychiatric disability. Its important information for lawyers, employers and insurers.

Defending Complex Workers Comp Cases

Mon, 13 Mar 2006 14:31:00 -0400

WORKERS COMP MATTERS, hosted by Attorney Alan S. Pierce, devotes this show to Defending the Complex Workers Comp Case. We have one of the preeminent Boston attorneys as a guest, Attorney Thomas P. O’Reilly, who has developed a significant practice in the defense of occupational injury claims. He is a principal at the firm of Curtin, Murphy and O’Reilly - an experienced litigator in state and federal courts and has been counsel to several national corporations on toxic exposure claims. And you won’t want to miss ‘Case of the Day,’ as we put Attorney O’Reilly to the test!

Evidence in the Complex Workers Comp Case

Tue, 6 Mar 2007 14:29:42 -0400

WORKERS COMP MATTERS, hosted by Attorney Alan S. Pierce, takes up the topic of Evidence in the Complex Workers Comp Case. Our very special guest is a lawyer with a nationwide reach of expertise, Attorney Jon L. Gelman located in Wayne, New Jersey. Gelman specializes in the litigation of catastrophic injuries in work related accidents. Gelman is a well-known author on the topic and he’s been named by the Best Lawyers in America for the 12th year! Don’t miss this important information!

Social Security Disability

Tue, 6 Dec 2005 14:28:33 -0400

WORKERS COMP MATTERS, hosted by Attorney Alan S. Pierce takes up the topic of social security disability and the coordination of benefits. Who is eligible? What’s the criteria? What are the tax issues? Our special guest, Attorney William Troupe of the Boston law firm of Carney & Troupe is a long-time expert in this area and he joins us to sort through the information you need to know for your clients!

Kids Chance

Thu, 1 Dec 2005 14:27:30 -0400

WORKERS COMP MATTERS, hosted by Attorney Alan S. Pierce has this special show about an extraordinary program called Kids Chance, providing scholarships to kids of workers injured or killed on the job. Listen as Jeff Kight, now an Attorney in Georgia, tells his personal story of how he was able to go to college after Kids Chance stepped into his life. You’ll also meet Doug McCoy from Kids Chance who fills us in on the program nationwide and Stephanie Malloy, advocate for injured workers and their families at Workers Comp RX, which sponsors Kids Chance across the country. Don’t miss your chance to listen now!

Representing Undocumented Workers

Thu, 25 Aug 2005 14:26:10 -0400

WORKERS COMP MATTERS, hosted by Attorney Alan S. Pierce focuses on the issues relating to people who have been hurt at work. Representing undocumented workers is often challenging and fraught with obstacles. On this show, we investigate the many options with special guest, Attorney Daniel Fix from Lincoln, Nebraska who practices statewide in the specialty of workers compensation and personal injury. Attorney Fix served as special Asst. Attorney General for the state of Nebraska for workers compensation compliance and is a national advocate dedicated to improving the plight of injured workers.

Medicare Set-Aside Allocations

Thu, 25 Aug 2005 14:16:48 -0400

WORKERS COMP MATTERS, hosted by Attorney Alan S. Pierce focuses on the issues relating to people who have been hurt at work. On this show, we discuss medicare set-aside allocations in workers comp cases and what you need to know for your clients on this complex issue. Special guest for the show is Jean Feldman, Senior Vice President of Care Management Operations for CHOICE Medical Management in Tampa and author of ‘Navigating the Murky Waters of Medicare Set-Asides’ in the Journal of Workers Compensation. And don’t forget to guess the outcome of the “Case of the Day’ at the end of the show!

Latex Allergies In The Workplace

Tue, 23 Aug 2005 14:14:59 -0400

WORKERS COMP MATTERS, hosted by Attorney Alan S. Pierce focuses on the issues relating to people who have been hurt at work. Representing workers with latex allergies contracted at the workplace can be tricky. On this show, we’ve assembled three experts on the topic: Sandra Jutras, a career clinical nurse who developed a serious level one latex allergy, tells her story that led to complete disability; Attorney Jim Brady, of Brady & Monac, P.C. in Walpole, Massachusetts who has a great depth of experience litigating in this arena and Dr. Gail Lenehan, national advocate and member of the Massachusetts Nurses Association’s Congress on Occupational Health and Safety. And don’t miss Attorney Pierce quiz Attorney Brady on the Case of the Day at the end of the show!

Ethical Issues

Wed, 29 Jun 2005 14:13:58 -0400

WORKERS COMP MATTERS, hosted by Attorney Alan S. Pierce focuses on the issues relating to people who have been hurt at work. There are many ethical issues involved when preparing a workers’ compensation lawsuit such as conflicts of interest or securing medical records such as psychological treatment of an injured worker. On this show, Attorney Pierce and special guest, Milwaukee Attorney and Marquette law professor, Thomas M. Domer tackle the topic of Ethical Questions in Workers’ Compensation Cases.

Sports Injuries

Wed, 29 Jun 2005 11:12:56 -0400

WORKERS COMP MATTERS, hosted by Attorney Alan S. Pierce focuses on the issues relating to people who have been hurt at work. Professional athletes are workers too. Our discussion on this show recalls cases of representing the professional athlete in a worker’s compensation lawsuit. Join Attorney Pierce and his special guest, Massachusetts Attorney and Board Member of the Workers Injury Law & Advocacy Group, James S. Aven as they delve into this high-profile specialty in workers comp cases. This program is sponsored by Workers Comp RX.

Sick Building Syndrome

Wed, 29 Jun 2005 10:52:59 -0400

WORKERS COMP MATTERS, hosted by Attorney Alan S. Pierce focuses on the issues relating to people who have been hurt at work. This show focuses on workers’ compensation cases in which plaintiffs have worked in sick buildings. Attorney Pierce and special guest, Attorney, James H. Sandman, a nationally-know expert in cases involving sick buildings, discuss the difficulties identifying the source of multiple chemical sensitivities that make people sick and how to overcome the obstacles in these kinds of lawsuits. This program is sponsored by the Boston Media Group.