Podcast category: Medical Law

Ringler Radio

Motor Vehicle Collisions, Structures and the Injured

 

According to the National Highway Traffic Safety Administration, nearly 19,000 people died in traffic crashes in the United States in the first six months of 2015, and 2.2 million people were seriously injured. On this edition of Ringler Radio host Larry Cohen, along with co-host John Muir, Sr., join Attorney Grant Dixon from the Dixon Law Office, as they take a look at motor vehicle collisions, spotlight specific cases, legal strategy in these cases and the benefit of the structured settlement.

Visit Ringler Associates to contact a consultant in your area about structured settlements.

Ringler Radio

RSD Litigation and the Physical Impact on the Client

 

Millions of Americans suffer from complex regional pain syndrome (CRPS, also known as reflex sympathetic dystrophy or RSD). RSD is caused when the body experiences trauma that damages or otherwise causes malfunction to the nervous system. On this edition of Ringler Radio, host Larry Cohen along with co-host, Joan Pagnano and guest, Attorney Michael Conley from Kenney & Conley, P.C., talk about symptoms, litigation, the huge psychological and physical impact on the individual and their family and next steps in treatment.

Visit Ringler Associates to contact a consultant in your area about structured settlements.

Ringler Radio

Affordable Care Act and Structured Settlements

 

With the recent Supreme Court decision in King v. Burwell, regarding the Affordable Care Act, how will the ACA impact structured settlements? Join Ringler Radio host, Larry Cohen and co-host, Mike Zea with special guest, Jordan Bossler, Director with the AIG Structured Settlement Department, as we simplify this sometimes complex topic to consider what types of cases may be effected and what it means for Medicare and Medicaid.

Visit Ringler Associates to contact a consultant in your area about structured settlements.

Lawyer 2 Lawyer

Lawyers, Weed, and Money: H.R. 2076 Found Some Fans

Despite being illegal under federal law, the marijuana industry is rapidly growing in many states around the country. As product and profits blossom, so do stockpiles of cash, because federal law prohibits banks from offering services to these “green” enterprises. Concerned that large amounts of cash will result in crime, legislators are supporting a new bill in bipartisan fashion. House Resolution 2076 would permit banking for marijuana businesses if they follow certain guidelines. But what does that mean for the banks and existing federal laws? Wouldn’t they still be aiding and abetting criminal activity?

In this episode of Lawyer 2 Lawyer, hosts J. Craig Williams and Bob Ambrogi interview Tom Downey from Ireland Stapleton, Professor Sam Kamin from the University of Denver, and Leonard Frieling from NORML. Together they discuss existing federal restrictions, criminal penalties, and how H.R. 2076 might change the landscape. Tune in to hear about the Supremacy Clause, money laundering, and much more.

Tom Downey is a director and attorney at Ireland Stapleton Pryor & Pascoe, where he represents primarily liquor and marijuana businesses. Prior to that, he led Denver’s Department of Excise and Licenses where he redrafted Denver’s policies and procedures for liquor licensing and wrote the original policies and procedures for Denver’s recreational marijuana licenses.

Sam Kamin is the Vicente Sederberg Professor of Marijuana Law and Policy at the University of Denver’s Sturm College of Law where he teaches ‘Representing the Marijuana Law Client’. His areas of research include criminal procedure, death penalty jurisprudence, federal courts, and constitutional remedies.

Leonard Frieling is the first ever chair of the Colorado Bar Association’s Marijuana Law Committee and former executive director of Colorado NORML, which is part of a nationwide organization dedicated to reforming laws on marijuana. In addition, he is a criminal defense attorney with over 38 years of experience.

Special thanks to our sponsor, Clio.

On the Road

Medical Marijuana and Employment Law

Legal Talk Network producer Laurence Colletti interviews labor and employment lawyer Joseph Yastrow at the 2015 American Bar Association Annual Meeting. Joseph talks about how the recent developments in marijuana law affect the workplace. He and Laurence discuss the conflicting nature of state and federal laws and how the courts have responded in cases like Coats v. Dish Network.

Joseph Yastrow is president of Laner Muchin in Chicago, a 45 person labor and employment law boutique that represents employers in all labor relations matters. He presented at ‘The Employment Law Implications of Medical Marijuana’ session at the ABA Annual Meeting.

Workers Comp Matters

Section 28 of the MA Workers’ Comp Statute: Serious and Willful Employer Misconduct

In U.S. law, employers must provide workers’ compensation coverage and, in exchange, injured workers are unable to directly sue their employer. But what happens when a worker is injured due to intentional or willful employer misconduct? Similar to many other states, Massachusetts law contains a section of the workers’ compensation statute that addresses this issue. What is the liability of the employer in these cases, how is the employee compensated, and what is the burden of proof?

In this episode of Workers Comp Matters, 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.

Topics Include:

  • Quid pro quo system of workers’ compensation
  • Section 28: the double compensation section
  • Insurer and employer payment
  • Armstrong’s case
  • OSHA regulations, safety rules, and citations
  • Adam Carey’s case: minor labor laws
  • Burden of proof on injured employee’s lawyer
  • Company prevention

Martin Buzz Schneider is an attorney with the law office of Martin B. Schneider PC. Buzz practices workers’ compensation law in Massachusetts. His firm primarily represents insurers, self-insurers, and companies in the defense of workers’ compensation claims.

Special thanks to our sponsors, Casepacer and PInow.

On the Road

Above The Law’s Marijuana Law Reception

Despite being illegal under federal law nationwide, marijuana businesses in states like Colorado, Washington, and Oregon are growing rapidly. With varying degrees of state licensing, where does that leave growers and sellers criminally? Just because certain state governments are not enforcing drug laws doesn’t mean the federal government won’t.

Adding to this confusion, the marijuana industry is attracting lawyers willing to help clients navigate criminal codes and regulatory bodies in what is still a crime under federal law. Doesn’t that mean these lawyers are breaking the law and the oaths they swore to their respective state bars? If you’ve ever wondered about these issues, you are not alone.

Moderated by Above The Law Editor Staci Zaretsky and hosted at Legal Talk Network headquarters, this Q&A podcasting event feature experts like Hilary Bricken from Harris Moure’s Canna Law Group, Tom Downey from Ireland Stapleton, Professor Sam Kamin from University of Denver Sturm College of Law, and Brian Ruden, who owns Starbuds, Tree of Wellness, and Altermeds.

Host:

Staci Zaretsky became an editor for Above the Law in June 2011. Her writing has appeared in other legal publications, such as Judgepedia, Lawyerist, and Ms. JD. She has been featured on various television and radio programs, including CNBC’s Power Lunch, CBS Radio News, BBC Radio, CLTV Chicago, HuffPost Live, TF1 TV France, Chicago Public Radio, and Civil Discourse Now.

Guests:

Hilary Bricken is a litigator who joined Harris Moure in 2010, where she represents startups, entrepreneurs, and companies in all stages of development. She has been named Deal Maker of the Year by the Puget Sound Business Journal and is a contributor to Al Jazeera America, CNN, Fox News, and the New York Times

Tom Downey is a director and attorney at Ireland Stapleton Pryor & Pascoe, PC, where he represents primarily liquor and marijuana businesses. Prior to that he led Denver’s Department of Excise and Licenses where he redrafted Denver’s policies and procedures for liquor licensing and wrote the original policies and procedures for Denver’s recreational marijuana licenses.

Professor Sam Kamin is the Vicente Sederberg Professor of Marijuana Law and Policy at University of Denver’s Sturm College of Law where he teaches ‘Representing the Marijuana Law Client’. His areas of research include criminal procedure, death penalty jurisprudence, federal courts, and constitutional remedies.

Brian Ruden is an attorney who owns three dispensaries in Colorado called Starbuds, Tree of Wellness, and Altermeds. He has spent many years researching growing techniques and testing strains to deliver high quality medical and recreational marijuana products. Prior to entering the marijuana business in 2010, Brian was a litigator turned tax resolution expert.

ABA Journal: Asked and Answered

Cannabis businesses need lawyers, but how can you build a marijuana practice?

It’s a federal offense to grow, sell or use marijuana, but a growing number of states have laws permitting its use under specific circumstances. In Alaska, Oregon, Colorado and Washington, the product is available for recreational use. In Colorado and Washington, it may be sold commercially, and is taxed and regulated by the state. The University of Denver’s Sturm College of Law has started to offer classes in marijuana law. There’s a need for lawyers to represent cannabis businesses. But how can you advise these clients and develop this as a specialty while remaining on the right side of legal ethics?

In this month’s Asked and Answered, Seattle lawyer Ryan Espegard chats with the ABA Journal’s Stephanie Francis Ward about how he advises the marijuana industry–being mindful of state and federal regulation–and what sorts of business development activities have worked for him.

Workers Comp Matters

2015 Workers’ Compensation Research Institute Conference: Perverse Effects of Low Fee Schedules

Workers Comp Matters host Alan Pierce attended the 2015 Workers’ Compensation Research Institute (WCRI) Annual Issues & Research Conference in March. While there, he interviewed Rebecca Yang, who presented ‘The Perverse Effects of Low Fee Schedules.’ A fee schedule, as described by Yang, is the state’s maximum allowable reimbursement rates to medical providers (doctors or hospitals). The presentation examines the adverse effects of freezing fee schedules, reducing fee schedules, and low fee schedules in workers’ compensation.

In this episode of Workers Comp Matters, Pierce and 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’ compensation costs when fee schedules are set too low. Additionally, in some jurisdictions, medical providers have recovered costs through physician dispensing, changing treatment or billing behavior, and denying care to workers’ comp patients. However, Yang says, if the fee schedule level is too high, there is a problem of medical cost containment. Tune in to hear more about the importance of carefully balancing fee schedule rates for workers’ compensation.

Dr. Rebecca Yang is a senior public policy analyst at the Workers’ Compensation Research Institute. She is one of the lead authors of Compscope, which studies the benchmark performance of state workers’ compensation systems. Yang has co-authored numerous studies that examine the prices paid for medical services in workers’ compensation across the states, including the medical price index and various other cost indices. She conducts research on the effect of fee schedule reforms in particular states such as Illinois and California. She is a lead technical expert for Compscope and she received her PhD from the University of Texas at Dallas.

Special thanks to our sponsors, Casepacer and PInow.

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