Featured Guests
Mark Zientz

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

Your Host
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.


Full Transcript

 View Transcript

Brought to You by
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.

  iTunes   Google Play
More Episodes
04/26/17
How Frances Perkins Impacted Workers’ Compensation

This podcast episode talks about the effect Frances Perkins had on worker’s compensation and safety.

02/23/17
Are Workers’ Comp Benefits Adequate?

Peter Rousmaniere talks about whether workers’ compensation benefits truly meet the needs of injured workers.

01/30/17
How the Trump Administration will Affect Workers’ Compensation

The potential effect of President Trump's administration, and a Republican majority in Congress on state-based workers’ comp programs.

08/25/16
Alternative Benefit Systems and the Future of Workers’ Compensation

Guest host Judson Pierce speaks with Workers Injury Law & Advocacy Group President Alan Pierce about the future of American workers’ compensation.

07/15/16
Using Neuroplasticity to Manage Chronic Pain

In this episode of Workers Comp Matters, host Alan Pierce talks with Dr. Roberto Feliz about pain management and Scrambler Therapy.

06/23/16
Workers’ Comp from the Other Side: Pain Management

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...