Alan S. Pierce has served as chairperson of the American Bar Association Worker’s Compensation Section and the Massachusetts Bar Association’s Section on Workers’ Compensation Law. He frequently lectures on workers’ compensation issues around the nation, and in 2007 became one of the first attorneys in the country to be inducted as a Fellow into the College of Workers’ Compensation Lawyers of the American Bar Association.
Ramona Tanabe discusses WCRI’s work and shares some of the most interesting trends her organization is seeing in the field today.
Tom Holder talks about the role of drug formularies in workers’ compensation.
Cathy Surbeck discusses subrogation and liens on third party settlements.
Karla Zarbo discusses wage theft and its related issues and talk about the processes involved in investigating the many types of wage complaints.
John F. Burton, Jr. talks about his career as a workers’ compensation expert, which has spanned over 50 years.
Justin Beck talks about the role of nurse case managers and highlight the ways they promote synergy between the carriers, providers, and patients involved in a claim.
Chris Brigham talks about the sixth edition of the AMA Guides Impairment and whether it is a valid measure of disability ratings in the workers’ compensation setting.
Bob Wisniewski talks about his experience as a workers’ compensation attorney and explains why an injured worker would seek out legal representation for a claim.
Omar Hernández explains the Opioid Alternative Treatment Pathway, which is a program that Massachusetts’ DIA launched, talks about how it works, and how it helps address the opioid epidemic.
Taylor O’Toole talks about the debate on whether student athletes at larger universities should be considered employees and, as such, should be entitled to workers’ comp.
Rick Victor discusses major changes in the workers compensation system and the new conflicts injured workers are dealing with.
Erica Groshen discusses the trends that characterize the future of the U.S. workforce and how robotics and artificial intelligence could have an impact on employment.
George Beilin talks about the different methods of measuring pain and the importance of coping with pain in a healthy way.
Kyle Black discusses 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.
Michael Gruber discusses the controversial changes to New York’s workers’ comp rules that were put into place earlier this year.
Gerry Carney talks about some of the unique challenges workers’ compensation lawyers face when representing professional athletes.
Janice Skillings-Goff talks about social security disability claims including who’s qualified to make these claims and eligibility requirements.
In this legal podcast, Justin Beck discusses the entitlement of performing artists to workers’ compensation.
Justin Beck and Vincent Quatrini discuss Pawlosky v. W.C.A.B. and how the case set a new precedent for burden of proof and causation standards.
This legal podcast discusses third party liability waivers in employee contracts and how both insurance companies and lawyers are reacting to them.
This podcast episode talks about the effect Frances Perkins had on worker’s compensation and safety.
Peter Rousmaniere talks about whether workers’ compensation benefits truly meet the needs of injured workers.
The potential effect of President Trump's administration, and a Republican majority in Congress on state-based workers’ comp programs.
Guest host Judson Pierce speaks with Workers Injury Law & Advocacy Group President Alan Pierce about the future of American workers’ compensation.
In this episode of Workers Comp Matters, host Alan Pierce talks with Dr. Roberto Feliz about pain management and Scrambler Therapy.
Alan Pierce speaks with Rebecca Curtis about her work-related injury, her road to recovery, and the company she founded to help other injured workers like herself.
Alan Pierce talks with Jennifer Wolf Horejsh about the International Association of Industrial Accident Boards and Commissions (IAIABC) and the recent challenges to workers’ compensation in the United States.
In recent years, opt out alternatives to workers’ compensation have become increasingly popular systems for handling work-related injuries. Under an opt out program, employers are allowed to create their own system for taking care of employees that are injured on the job. To date, only Texas and Oklahoma allow employers to participate, but the list...
In 1911, the U.S. created the first state-based workers’ compensation laws as a legislative solution between labor and management. In this “grand bargain,” employers provide compensation to employees injured on the job and in exchange employees don’t sue the employers for negligence. The current case of Stahl v. Hialeah Hospital questions whether Florida’s compensation laws...
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....
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...
At the 2015 Workers Compensation Research Institute (WCRI) Annual Issues & Research Conference, panels of experts discussed the cost and impacts of physician dispensing drugs. Physician dispensed drugs are prescribed drugs available to be purchased directly from the physician (or in the physician’s office). Alternatively, prescriptions are filled at a pharmacy, often times with a...
“There are more people in chronic pain in America today than diabetics, those with heart disease, those suffering from strokes, and those with cancer combined.” – Dr. Joel Morton The prevalence of chronic pain across the United States is certainly associated with the overuse of opiates, opioids, and narcotics, three words that are used interchangeably....
Most workers compensation lawyers deal with state-based claims and private companies, but there is a separate section of workers comp law for federal and postal employees. The Division of Federal Employees’ Compensation (DFEC) is responsible for administering the Federal Employees’ Compensation Act (FECA) to these injured federal employees. What are the differences in this type...
In 1969, Congress passed the Federal Coal Mine Health and Safety Act to help miners who, as a result of their work, developed pneumoconiosis, an occupational sickness more commonly known as black lung disease. The Act provides medical and financial benefits for those who qualify as well as death benefits for their beneficiaries. On this...
The Fair Labor Standards Act (FLSA) is often overlooked as a part of workers’ compensation because it does not involve injury. The FLSA was a job creation bill passed in the 1930s that requires all employers in the United States to pay employees time-and-a-half, or 1.5 times their normal rate applied to every hour worked...
About 100 years ago, a Workers Compensation System was created in the United States with a quid pro quo principle. The employers of injured workers were not liable for general damages such as pain and suffering in exchange for the guarantee of “adequate and reasonable” medical treatment and temporary wage replacement during the period of...
Workers Comp Matters host Alan Pierce interviews Lewis Heller about the evolution of workers’ compensation law at the 2014 Workers’ Injury Law and Advocacy Group Conference. Heller imparts his experience and knowledge of the history of workers compensation including lawyers and organizations like Samuel Horovitz, the National Association of Compensation Claimants Attorneys (NACCA), the American...
Workers Comp Matters host Alan Pierce interviews Longshore and Harbor Workers’ Compensation lawyers Steven Birnbaum and Amie Peters at the 2014 Workers’ Injury Law and Advocacy Group Conference. They discuss the cutbacks in the US Department of Labor and how that affects the Office of Workers’ Compensation Programs (OWCP), the Office of Administrative Law Judges...
Workers Comp Matters host Alan Pierce interviews Billie-Marie Morrison about the ethical and legal considerations surrounding social media use at the Workers’ Injury Law and Advocacy Group’s 2014 Conference. Morrison explains that lawyers often think of social media when marketing, hiring, or advertising, but forget the ethical implications of giving legal advice in personal blogs...
Workers Comp Matters host Alan Pierce interviews Farmworker Justice President Bruce Goldstein at the 2014 Workers’ Injury Law and Advocacy Group Conference. Goldstein describes the impact immigration policy has on farm workers’ ability to access workers’ compensation programs and other labor rights. He explains that 50-70% undocumented migrant or seasonal farmworkers are being exploited due...
Workers Comp Matters host Alan Pierce interviews Scott Trost and Nate Mudd about the effects of asbestos at the 2014 Workers’ Injury Law and Advocacy Group Conference. They discuss mesothelioma and other diseases caused by asbestos, how a 10 to 50 year latency period in effects has legal causation issues, guidelines for asbestos removal, and...
Workers Comp Matters host Alan Pierce interviews litigator Jane-Robin Wender about Constitutional issues associated with the developments in workers’ compensation laws in Florida at the 2014 Workers’ Injury Law and Advocacy Group Conference. Wender describes the case of Padgett v. State of Florida and explains how workers’ compensation benefits in Florida have been slowly reduced...
Workers Comp Matters host Alan Pierce interviews Jason Schechterle, the keynote speaker at the 2014 Workers Injury Law and Advocacy Group Conference. Schechterle survived being hit in his police car by another car going 100 mph. His car burst into flames and he endured 700 degree temperatures. He suffered severe burns to over 40% of...
Workers Comp Matters host Alan Pierce interviews attorney George Santini at the Workers’ Injury Law and Advocacy Group’s 2014 Conference. Santini discusses states that allow businesses to opt out of workers compensation, the “exclusive remedy” provisions of workers’ compensation law, dispute resolution in these states, and constitutional or legal challenges to the adequacy of these...
Workers Comp Matters host Alan Pierce interviews attorney Annemarie Pantazis at the Workers’ Injury Law and Advocacy Group’s 2014 Conference. They discuss how the Affordable Care Act, or Obamacare, affects workers compensation benefits, the ACA’s policy on subrogation of treatment provided during the pendency of the case, and income qualifications for the ACA vs Medicaid....
When an employee has a debilitating accident at work, there are insurance and government benefits available to the employee and his or her family. Among the many benefits included are workers compensation, Social Security Disability Insurance, Supplemental Security Income, and Medicare coverage. Despite the different sources and governing bodies, many of these federal, state, and...
When a workers’ compensation claim is made, there are many elements of federal law that get triggered. Among those elements are the Civil Rights Act of 1964, Family and Medical Leave Act, and Americans with Disabilities Act. As an employer, navigating these intersecting laws can be a challenging task while running a business. On this...
A recent Grand Jury Report from the New York State Supreme Court brought recommendations of change to handle Employer Fraud in Workers’ Compensation. Among the recommended areas of change are the application process, criminal statutes, and the method of collecting data. On this episode of Workers Comp Matters, host Alan Pierce interviews Gilda Mariani of...
With recreational and medical use of marijuana now approved in some states, concerns of workplace use are being raised. The impacts of this trend range from employee right to treatment and increased employer liability to OSHA regulations and ADA holdings. On this episode of Workers Comp Matters, host Alan Pierce discusses these issues along with...
Are you concerned about workplace safety? Learn how lawyers from the Workers’ Injury Law & Advocacy Group, Massachusetts Bar Association, and Office of the Louisiana Attorney General can help. In this episode of Workers Comp Matters, host Alan Pierce interviews Douglas Sheff, Chuck Davoli, and Will Green to reveal how attorneys are making a big impact in workplace...
Medical Treatment Guidelines are a list of procedures each state mandates to use when treating injured workers. The goal is for these guidelines to aid faster and better treatment for patients. The underlying issue is that they are crafted to cater to the general population based on trials and clinical tests, which allows for errors...
In this edition of Workers’ Comp Matters, host Alan Pierce chats with Teddy Snyder on the ins and outs of mediation regarding workers’ compensation cases. For those working in mediation, looking to work in mediation, or looking for a mediator to handle a case of their own, Snyder covers all the bases. Tune in to...
“There has been a dramatic rise in shoulder injuries in the last five to ten years,” Doctor Michael Ackland says, maybe we’ve just gotten better at diagnosing them. On this episode of Workers’ Comp Matters, your host, Attorney Alan Pierce, will chat with Dr. Ackland, an examining physician who has worked with a fair amount...
