Workers Comp Matters

Latest Episodes:

Workers’ Compensation for Performing Artists Sep 29, 2017

Show notes

In 2011, opera singer Wendy White fell from a platform eight feet above the stage during a performance. She suffered no broken bones, but resulting nerve damage prevented her from singing professionally and, because of these injuries, she moved to sue. But the Metropolitan opera claimed she was an employee that was simply doing her normal duties. Her case reflects some of the complexities surrounding workers’ compensation for performing artists. In this episode of Workers Comp Matters, host Alan Pierce talks to Justin Beck about the entitlement of performing artists to workers’ compensation. Their discussion incorporates exclusions in commercial general liability policy, the difference between star performers and the ensemble, and relevant cases, like Wendy White’s.

Justin Beck is a law clerk at Thomas, Thomas & Hafer LLP in Pittsburgh, Pennsylvania. He concentrates his research and work in the area of workers’ compensation and employer's’ defense.

Special thanks to our sponsors, Casepacer and PInow.

The Fact-Driven Complexities of Personal Comfort Doctrine Aug 31, 2017

Show notes

In the age-old battle of employee versus vending machine, who wins workers’ comp? In this episode of Workers Comp Matters, host Judson Pierce talks to Alan Pierce about personal comfort doctrine including what it is, factors that affect the outcome, and what acts are not compensable (like punching vending machines). They also discuss interesting personal comfort doctrine cases and why each case is unique based on the jurisdiction and facts involved .

Special thanks to our sponsors, Casepacer and PInow.

Constitutional Challenges to State Workers’ Compensation Laws Jul 31, 2017

Show notes

In this episode of Workers Comp Matters, host Judd Pierce talks to Alan Pierce about workers’ compensation laws that are affected by constitutional law. Their conversation dives into notable cases that speak to this issue and how this issue has developed over the years, including how the judiciary, particularly the appellate courts, get involved.

Special thanks to our sponsors, Casepacer and PInow.

How the Pawlosky Case Redefined Workplace Injury Jun 28, 2017

Show notes

Nowadays, if bakers contract asthma due to flour inhalation, they will almost certainly receive workers’ compensation. But this wasn’t always the case as it was a question of pre existing conditions. In this episode of Workers Comp Matters, host Alan Pierce talks to Justin Beck and Vincent Quatrini about Pawlosky v. W.C.A.B. and how the case set a new precedent for burden of proof and causation standards. They also discuss the outcome and lasting legacy of the case, including how it affects lawyers today.

Justin Beck is a law clerk at Thomas, Thomas & Hafer LLP in Pittsburgh, Pennsylvania. He concentrates his research and work in the area of workers’ compensation and employers’ defense.

Vincent J. Quatrini, Jr. is a founding partner at Quatrini Rafferty and serves as managing partner. He concentrates his practice in the area of workers' compensation and the representation of injured workers exclusively.

Special thanks to our sponsors, Casepacer and PInow.

Third Party Liability Waivers May 31, 2017

Show notes

We’ve all clicked through the terms of agreement without a second glance, which means we’ve also waived some of our rights without a second glance. In this Workers’ Comp Matters, host Alan Pierce talks to Alex Lonnett about third party liability waivers in employee contracts and how both insurance companies and lawyers are reacting to them. They also discuss the Vitale v. Jefferson Insurance Company of New York case and how rights waivers are affected by a modern workforce.

Alex Lonnett is a third-year student at the University of Pittsburgh School of Law where he was the first-place winner of the 2016 College of Workers' Compensation Lawyers' Student Writing Contest. His winning paper extensively examined the issue of third-party liability waivers in employment contracts.

How Frances Perkins Impacted Workers’ Compensation Apr 26, 2017

Show notes

Frances Perkins, as FDR’s Secretary of Labor and the first woman appointed to the U.S. Cabinet, gave her voice to industrial workers and their safety, helping to establish the New Deal in response to the Great Depression. In this episode of Workers’ Comp Matters, host Alan Pierce talks to Chris Breiseth, chair of the Frances Perkins Center, and Tomlin Perkins Coggeshall, Frances Perkins’ grandson, about the effect she had on worker’s compensation and safety. Also, tune in to hear what made her more than just the Secretary of Labor.

Christopher Breiseth is the board chair of the Frances Perkins Center and the immediate past president and CEO of the Franklin and Eleanor Roosevelt Institute.

Tomlin Perkins Coggeshall has worked in publishing and marketing, mostly in the alternative energy field, focusing on hydrogen and clean energy.

National Implications of Opt Out in Workers’ Compensation (Rebroadcast) Mar 30, 2017

Show notes

In this rebroadcast episode of Workers Comp Matters, host Alan Pierce interviews attorney, author, and historian Bob Burke about the implications of opt out programs. Together, they discuss the effects on workers, taxpayers, and even the court system as these new systems are put into place. Stay tuned, as both Alan and Bob reveal the primary movers for opt out as well as predictions for future public acceptance.

Bob Burke is an attorney, author, and historian with over 30 years of experience practicing law in workers’ compensation matters.

Special thanks to our sponsors, Casepacer and PInow.

Are Workers’ Comp Benefits Adequate? Feb 23, 2017

Show notes

If a worker is injured on the job, workers’ comp benefits are provided so they can support themselves while unable to work. But do these benefits properly support injured individuals immediately and over long periods of injury? In this episode of Workers Comp Matters, host Alan Pierce talks to Peter Rousmaniere about whether workers’ compensation benefits truly meet the needs of injured workers. In their discussion, they dissect waiting periods, weekly benefit caps, and the sustainability of these benefits for the injured employee. According to Peter’s research weekly benefit caps can be disadvantageous to workers who earn a high income or work overtime. In the conclusion of the episode, Peter offers more resources, including his own study “The Uncompensated Worker.”

Peter Rousmaniere helps organizations and individuals as they negotiate through the troubling waters of hazards, uncertainty, risk, and insurance. He specializes in workers’ compensation, other corporate types of insurance, new risk management product design and implementation, information technology, and risk communication.

Special thanks to our sponsors, Casepacer and PInow.

How the Trump Administration will Affect Workers’ Compensation Jan 30, 2017

Show notes

President Trump’s administration will no doubt herald significant change for the nation, but what will the change mean for workers’ compensation? In this episode of Workers’ Comp Matters, host Alan Pierce speaks to Peter Rousmaniere, consultant and award winning author on workers compensation, about the potential effect of President Trump, his administration, and a Republican majority in Congress on state-based workers’ comp programs. During their discussion they cover misclassification, immigration, and the Affordable Care Act (also known as Obamacare). They conclude with a conversation about the opt out movement and the biggest errors made by opt out advocates.

Peter Rousmaniere helps organizations and individuals as they negotiate through the troubling waters of hazards, uncertainty, risk, and insurance. He specializes in workers compensation, other corporate types of insurance, new risk management product design and implementation, information technology, and risk communication.

Special thanks to our sponsors, Casepacer and PInow.

Workers’ Comp from the Other Side: Pain Management (Rebroadcast) Dec 30, 2016

Show notes

In this republished episode of Workers Comp Matters, host 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. Rebecca recalls her car accident during a trip home from a speaking engagement and how it left her with a spinal fracture and no feeling from the neck down. She opens up about her surgeries, having to learn to walk again, and the excellent workers’ compensation services and support she received.

Special thanks to our sponsors, Casepacer and PInow.