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Mark Zientz

Mark Zientz is an attorney in Miami, Florida, an emeritus member of the executive council of the Workers’ Compensation...

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Alan Pierce

Alan S. Pierce has served as chairperson of the American Bar Association Worker’s Compensation Section and the Massachusetts Bar...

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 still provide adequate remuneration to injured workers. What could this case really mean for Florida’s state legislature?

In this episode of Workers Comp Matters, Alan Pierce interviews Mark Zientz, claimants’ attorney for Stahl v. Hialeah, about the history of state workers’ compensation laws, legislative changes made in the 1970s, and the potential ramifications of three Florida cases pending at the appellate level. Together, they discuss contributory negligence vs. comparative negligence states and the creation of an OSHA commission to study the adequacy of workers’ compensation laws in the 1970s. Pierce and Zientz then move on to current cases in Florida, including Westphal v. St. Petersburg, Castellanos v. Next Door Company, and Stahl v. Hialeah Hospital. These cases question whether the compensation system is still an adequate replacement for the tort system which it supplanted. In other words, is workers’ compensation in Florida no longer constitutional?

Mark Zientz is an attorney in Miami, Florida, an emeritus member of the executive council of the Workers’ Compensation Section of the Florida Bar, and former vice chair of the Workers Comp Rules committee of the Florida Bar. He is also an arbitrator for the NFL players association management council. Mark is a very active practitioner in the field of workers’ compensation and is currently working on the case of Daniel Stahl v. Hialeah Hospital.

Special thanks to our sponsors, Casepacer and PInow.


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Episode Details
Published: January 28, 2016
Podcast: Workers Comp Matters
Category: Medical Law
This Podcast
Workers Comp Matters
Workers Comp Matters

Workers' Comp Matters encompasses all aspects of workers' compensation from cases and benefits to recovery.

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