This episode opens a new topic for the Workers Comp Matters podcast: repetitive stress injuries, sometimes referred to cumulative trauma, acquired on the job. What happens to someone when someone develops a workplace injury, physical or mental, that can’t be traced back to a single, isolated event? Or what if the injury is the result of cumulative …

The “times they are a changing” in the world of Workers’ Compensation, a system developed when the relationship between workers and employers were more clearly defined. Guest Emily Spieler is an accomplished author, former professor, practicing attorney, and government official with a career that spans the space of workers’ rights, safety, and comp…

A person getting hurt at the workplace is never funny. But it can be instructional to examine some of the strangest ways people manage to become injured at work. Hear about some “interesting” cases. A schoolteacher whose leg “fell asleep” while he sat in a classroom falls trying to stand up. He broke his femur. Is he entitled to compensation from h…

HIPAA, the Health Insurance Portability and Accountability Act, is 27 years old. For better or worse, it was designed to protect patients. But in reality, it has also hampered attorneys in their quest for medical records critical to ensuring fair compensation for injured workers. Guest Jared Vishney is the founder and CEO of the medical record retr…

Did we ever learn a lot during the once-in-a-generation health event that was COVID! Guest Dr. Bogdan Savych of the Workers Comp Research Institute (WCRI) is a policy analyst who is studying the lasting effects of the illness, as well as lingering cases of Long Covid. What is “Long COVID?” How big is the problem? Is it even real? Is a pandemic an o…

Our understanding of work and workplaces may have been forever changed by the COVID pandemic. Many workers today are working from their own homes or conducting meetings by phone during their occasional trip to an office. When you’re working from home and slip and injure yourself in your own bathroom during the workday, who is responsible? If you ar…

Guest Dave Pederson is the producer of a new film, “Americonned,” that examines how the past few generations of workers have suffered from income inequality and been crushed by big business and its government influence. Wages aren’t keeping up, yet productivity has rocketed, on the backs of the American middle class. The rich are getting richer, th…

What about the rights of an injured worker’s spouse and family members after a work-related injury or illness? Guest Michael Duff, law professor, former blue-collar worker, and expert on Workers’ Comp walks us through the California “Kuciemba Case,” a case where an employer may have violated COVID-19 pandemic regulations, infecting several workers.…

Let’s talk about the F-word in Workers’ Compensation: Fraud. Guest Connor Thomson is a second-year law student at Villanova University who won the College of Workers’ Compensation Lawyers John F. Burton Jr. Law Student Writing Competition with his paper “Fight Fire With Fire: The Need For Carriers To Be Afforded More Duties And Privileges To Combat…

Helping workers and their families get back on their feet after a workplace injury or other workplace-displacing health event takes more than legal aid, insurance, and even doctors. Injured workers are people first, and people have emotional needs. Guest Danielle Troxel is managing director of Kind Souls Foundation, a non-profit, donation and volun…

Marijuana was once fodder for stoner comedies and standup routines. But today, medical marijuana is a serious matter in Workers’ Compensation. Fair compensation, and proper medical treatment, is not always as clear as it should be. Laws evolve by the day, state by state. Guest Jenifer Dana Kaufman is a Pennsylvania Workers’ Comp attorney who has de…

Guest Kathleen Fisher is an accomplished attorney in the field of Workers’ Compensation, but she’s also an active leader of the organization Kids’ Chance, dedicated to supporting the children of workers injured on the job. Kids’ Chance provides scholarships to the children of injured workers. When a worker is hurt, or even killed, on the job, rippl…

Guest Robert “Bob” Wilson is a leader at Work Comp College, created to offer a deeper dive into workplace protections for employees. He’s not a lawyer or an academic type, but he’s long held an interest in the programs designed to protect workers and employers. The field of helping workers recover from workplace injuries can get better, through tra…

To settle or not to settle, often a question. Our guest, Jim Anderson, is a well-known Workers’ Comp attorney and a leader in the field in Mississippi. His input about “settlements” are respected, and he has led the field in helping both sides reach a solution. The best claim is a closed claim. Is it sometimes better to simply settle a case fairly,…

We depend on our first responders – firefighters, cops, emergency room workers – every day. They protect us from harm. But what happens when they need our help? Our guest Robert Wisniewski is a Certified Specialist in Workers’ Compensation law with the Arizona State Bar and a military veteran. Post-traumatic Stress Disorder is a real thing, PTSD. H…

A reminder that every case is different. Injuries occur in unusual situations that challenge how we think about Workers’ Compensation and how every state and jurisdiction applies the law differently. The “Skiing Chaperone Case,” is about a teacher who accompanies a school ski club as a chaperone. Is she eligible for Workers’ Comp if injured while s…

Enjoy a deep dive into the Longshore and Harbor Workers’ Compensation Act with a veteran of the field, guest Norman Cole. The Act is a federal comp provision that covers those who load, unload, and repair ships or work in related fields. It’s a fascinating field that differs from standard state compensation rules. For one, the injured worker doesn’…

Guest Rachel Bailit is not an attorney, she’s an actor. So why is she a guest on a show about lawyers and legal issues? As an experienced acting teacher – in addition to an accomplished actor in movies, television, and live stage – Bailit specializes in teaching acting skills to public speakers, politicians, and attorneys. Telling your story in cou…

It’s one thing when a shelf stocker slips at work and injures her back. It’s another thing entirely when a professional athlete blows a knee on the football field. Our guest this week is Jonathan Israel, senior partner at the Jacksonville, Florida, law firm RITE where he represents professional athletes in Workers’ Comp cases. Things get interestin…

Workers’ Compensation is primarily designed to provide two benefits: payroll replacement for injured workers and medical payments to providers. But over the years, the process has become increasingly complicated. Guest Ramona Tanabe is executive vice president and counsel for the Workers’ Compensation Research Institute (WCRI). In this episode, she…

Continuing our discussion of the 50th anniversary of the National Commission on State Workmen’s Compensation (as it was called) report. We’ve come a long way, but … it’s complicated. Guest Abbie Hudgens, Administrator of the State of Tennessee Bureau of Workers’ Compensation, shares her thoughts on how far we’ve come with the “great bargain” that b…

July marks the 50th anniversary of the National Commission on State Workmen’s Compensation laws. The system we have in place wasn’t always so. Even after the passage of protections for workers, it took years to develop today’s standards. In 1972, a federal panel released a comprehensive review of state Workmen’s Compensation (as it was then called)…

Guest Joanne Doroshow is the founder and executive director of the Center for Justice & Democracy, a national consumer organization dedicated to protecting our civil justice system. She shares a new report from the Center’s Emily Gottlieb, “System Letdown: Worker Safety, Harm, and Compensation in the Age of COVID-19.” The report examines the role o…

It doesn’t matter what country you’re from or if you’re in the U.S. documented or not. Workplace injuries don’t care about immigration status or language abilities. Everyone hurt on the job deserves representation. Arizona-based workers’ rights attorneys Robert Wisniewski and Javier Grajeda share their vast experiences representing immigrant worker…

Our guest is law student Simon X. Cao, winner of this year’s College of Workers’ Compensation Lawyer’s John F. Burton Jr. Student Writing Award. His essay, “Fighting The Tide – Overcoming The Rebuttable Presumption of Intoxication In The Age of Marijuana,” examines a common Workers’ Comp defense arguing an injured worker was somehow culpable in his…

Guest Malcolm Crosland is a South Carolina attorney with more than 30 years’ experience protecting workers and their rights. In today’s gig economy, it’s up to Workers’ Comp attorneys to guard against employers, lobbyists, and insurance carriers as they angle to classify workers in ways that could exclude them from workplace protections. Crosland s…

The 1972 issuance of the Report of the National Commission on State Workmen's Compensation Laws is one of the watershed moments in modern workers' compensation. As this year marks the 50th anniversary of the report, we felt it was worth revisiting our conversation with John F. Burton, Jr., who served as chairman on that commission. In this episode,…

Workers’ compensation cases take many forms and cover myriad workplace injuries. In this episode, guest Christopher Hug dives into one very specific area, maritime industrial accidents, injury, and compensation. Hug specializes in maritime industrial cases, often under the Longshore and Harbor Workers’ Compensation Act and the very specific Defense…

Guest Phil Alvarez, director of 9/11 Outreach and Education for the law firm Hansen & Rosasco, shares how his brother fought to the end like the hero he was. Luis Alvarez was an NYPD detective who worked in the toxic ruins of the World Trade Center for months, not knowing a silent beast would stalk him for the rest of his life, and dying of cancer …

Guest Leo V. Boyle recalls the frantic 60 hours after the 9/11 terror attacks of 2001. He calls that time “law’s finest hour” as pro bono tort attorneys collaborated with Congressional leaders to craft the $7 billion victims’ compensation fund. Boyle shares how lawyers from across the country came together and rushed to head off potentially pointle…

Guest Kenneth Feinberg was appointed by President George W. Bush to administer the September 11th Victim Compensation Fund after one of our greatest tragedies. In a very special episode of Workers’ Comp Matters, he shares how his team raced to administer $7.1 billion to families and victims of the 2001 terror attacks. Feinberg compares the unique, …

In the potentially dangerous spectacle of big time WWE pro wrestling, performers work without Workers’ Comp or other recourse. Guest Mary Catena, a scholar and attorney, studies the issue. While the WWE has successfully argued wrestlers are contract workers, Catena sees cracks in the wall. What might a favorable ruling mean for other contract worke…

Workers’ compensation law is full of doctrines, some easier than others to understand. To help clarify the specifics of two particular doctrines 一 the “going and coming” rule and the “level floor” doctrine 一 Judson Pierce takes the opportunity to interview Alan S. Pierce to get a detailed look at how these two doctrines operate. Special thanks to o…

As employers look to reconnect with their teams, Judson and Alan Pierce tackle the worker’s comp doctrine of recreational injuries.Special thanks to our sponsor, PInow.By Legal Talk Network

The filmmaker behind the documentary ‘Radium Girls’ brings to life the inspiring and tragic tale of the teenage dial painters during WWI.Special thanks to our sponsor, PInow.By Legal Talk Network

Counselor Rhonda Jellenik shares how the pandemic and disruptive technology is impacting workers with debilitating injuries and illnesses.By Legal Talk Network

Prof. Michael Duff breaks down the three presumptions guiding workers’ comp cases and issues arising out of Covid-19-related claims.By Legal Talk Network

With a gig economy still spurring increases in temp and contract jobs, guest Darrell West explains why America needs a new social contract.By Legal Talk Network

Emily Spieler dismisses hype that Covid-19 will crush workers’ comp systems. But, though claims haven’t materialized, all still isn’t well.By Legal Talk Network

Encouraging a recharge will keep teams motivated. But if the boss presses ahead with no breaks, so will the team, sacrificing performance.By Legal Talk Network

The client count is rising for Bruce Maxwell and Thomas Holder, who learned new uniforms were making flight attendants sick.By Legal Talk Network

Maritime lawyer Amie Peters updates host Judson Pierce on the state of federal advocacy for the essential workers risking their lives.By Legal Talk Network

A workplace injury at a Canadian consulate in Boston raises key questions about when foreign governments have to comply with U.S. employment laws.By Legal Talk Network

George Flores shares insights from his article “Lewis and Bourgoin: The Growing Divide Over Reimbursement for Medical Marijuana in the Workers’ Compensation System.”By Legal Talk Network

Bill Minick explains the QCARE designation for Texas employers who have opted out of traditional workers’ comp programs.By Legal Talk Network

Amie Peters and Mack Babcock answer common workers’ comp questions arising from the pandemic.By Legal Talk Network

Michael Fanuele shares how lawyers can apply tactics from his book, “Stop Making Sense: The Art of Inspiring Anybody,” to improve their legal practices.By Legal Talk Network

Bernard Nomberg offers insights for injured workers on when and how to go about seeking legal advice for workers’ comp cases.By Legal Talk Network

Roger Finderson explains the nuances of employee-employer relationships in the gig economy.By Legal Talk Network

Andrew Reinhardt and Joanne Marcus discuss the benefits of pooled special needs trusts for injured workers with disabilities.By Legal Talk Network