Workers Comp Matters

Latest Episodes:

Workers’ Comp from the Other Side: Pain Management (Rebroadcast) Oct 31, 2016

Show notes

Many people have a negative perception of the benefits and treatment one receives through the workers’ compensation system. What examples are there of the system working, and what can injured workers do to help proactively manage their pain as they recover? In this 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 Curtis is the founder of Take Courage Coaching. She is an international speaker on chronic pain management, has been a regular speaker at PAINWeek®, and trains, coaches, and travels extensively speaking to medical groups about the role of coaching in pain management.

Special thanks to our sponsors, Casepacer and PInow.

Alternative Benefit Systems and the Future of Workers’ Compensation Aug 25, 2016

Show notes

Due to recent constitutional challenges to workers' compensation in certain states, a nationwide debate among legal professionals has been ignited. How has this system evolved over time and in what ways might it change in the future?

In this episode of Workers Comp Matters, guest host Judson Pierce speaks with Workers Injury Law & Advocacy Group President Alan Pierce about the future of the American workers’ compensation system. Alan talks about the recent scrutiny that workers’ compensation has been under and how increased visibility has sparked a national conversation regarding the system’s effectiveness. He reflects on the 1911 enactment of state-based workers’ compensation systems and lists the safety-focused goals of the institution. Alan analyzes the federal government's 1970s involvement in the system, mainly through the establishment of the Occupational Safety and Health Administration, and the national commission report issued in 1972 that broadened and increased benefit coverage. He explains how costs associated with the system eventually increased as benefits expanded and how this led to system reform in many states. Alan closes the interview by discussing the recent challenges to the constitutionality of the workers’ compensation system in some states and an investigation of the problems with employer established alternative benefit systems.

Alan S. Pierce has served as chairperson of the American Bar Association Workers’ 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.

Special thanks to our sponsors, Casepacer and PInow.

Using Neuroplasticity to Manage Chronic Pain Jul 15, 2016

Show notes

Currently, there are very few non-pharmaceutical pain management options for workers suffering from neuropathic injuries. What advancements have been made in treatment techniques for patients who are looking to move away from opioid-based treatment?

In this episode of Workers Comp Matters, host Alan Pierce talks with Dr. Roberto Feliz about pain management and Scrambler Therapy. Roberto opens the interview by defining chronic pain and shares that the body maintaining localized inflammation within the tissue is how acute pain transforms into chronic pain. He states that the continued bombardment of pain signals to your spinal cord and central nervous system forces the neurons in your brain to change and form new neural connections. Roberto explains that Scrambler Therapy, a pain management technique that blocks pain signal transmission and provides non-pain information to the affected nerve fibers, aims to deceive the brain into reading the pain signals in a different way. He analyzes what types of pain respond well to this therapy style and what pain types, like degenerative arthritis, do not. Roberto closes the interview with a comparison of how accepting private insurance and workers’ comp services are of this new therapy and discusses the cost and frequency of treatment.

Workers’ Comp from the Other Side: Pain Management Jun 23, 2016

Show notes

In this 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. Rebecca also provides insight into her battle with pain management during her recovery process and how a program helped her to realize that there are many options available for pain management. She closes the interview with a discussion on how this experience inspired her to start her company, Take Courage Coaching, and dedicate her life to helping others struggling to manage chronic pain.

Rebecca Curtis is the founder of Take Courage Coaching. She is an international speaker on chronic pain management, has been a regular speaker at PAINWeek®, and trains, coaches, and travels extensively speaking to medical groups about the role of coaching in pain management.

Special thanks to our sponsors, Casepacer and PInow.

The International Association of Industrial Accident Boards and Commissions Jun 10, 2016

Show notes

Recently, a few states have pushed for the ability to allow companies to remove themselves from the state-regulated workers’ compensation system. What effects would this have on employers and their employees? What discussions are being had about the repercussions these employer-designed benefit packages could have on workers’ compensation in America?

In this episode of Workers Comp Matters, host 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. Jennifer begins the interview by stating that the mission of the IAIABC is to advance the efficiency and effectiveness of workers’ comp systems around the world. The organization aims to connect industry professionals to identify emerging issues, develop resources, and reinforce the social purpose of workers’ compensation programs. She gives a brief history of the origins of the IAIABC, an overview of their membership numbers around the world, and reflects on her background and how she became executive director of the IAIABC. She talks about the first national conversation on workers’ comp hosted by the IAIABC at their most recent conference and closes the interview with an analysis of the recently proposed employer-designed optout benefit plans, a system of alternatives to workers’ comp, and their potential effects for the average employee.

Jennifer Wolf Horejsh has been with the IAIABC since 2002 and has served as executive director since 2012. She works closely with the IAIABC Board of Directors to implement initiatives that enhance the association’s reputation as a global expert on the regulation and administration of workers’ compensation. Jennifer closely monitors industry developments and trends, using this information to develop conference and educational content and respond to member questions and information requests. Jennifer has written articles and presented on various worker’s compensation topics.

Special thanks to our sponsors, Casepacer and PInow.

National Implications of Opt Out in Workers’ Compensation Feb 19, 2016

Show notes

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 of interested states is continuing to grow. Despite the growing popularity, many are concerned that opt out programs will change the landscape of workers’ compensation for the worse and will incur unexpected costs both inside and outside the states that permit them.

In this 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. He is the former secretary of commerce and principal adviser on workers’ compensation during the administration of then-Oklahoma Governor David Boren. In 2011, he re-wrote the entire worker’s compensation law (Title 85) in Oklahoma as part of current Oklahoma Governor Mary Fallin’s reform. Burke has also been a speaker for over 100 CLE Seminars.

Opt Out Issues Discussed:

Statute of limitations for filing a grievance
Injuries excluded from coverage
Workplace incidents excluded from coverage
Medical procedures excluded from coverage
Home health care limitations
Taxpayer liability both inside and outside participating states

What Stahl v. Hialeah Hospital Means for Florida’s Workers’ Compensation Laws Jan 28, 2016

Show notes

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?

Special thanks to our sponsors, Casepacer and PInow.

Section 28 of the MA Workers’ Comp Statute: Serious and Willful Employer Misconduct Aug 12, 2015

Show notes

Alan Pierce interviews attorney Martin Buzz Schneider, who represents insurers and companies in workers’ compensation claims, about Section 28 of Massachusetts’ workers’ compensation statute and the nature of serious and willful misconduct.

Special thanks to our sponsors, Casepacer and PInow.

2015 Workers’ Compensation Research Institute Conference: Perverse Effects of Low Fee Schedules May 27, 2015

Show notes

In this episode of Workers Comp Matters, Alan Pierce and Dr. Rebecca Yang discuss low and high fee schedules, how workers’ compensation fee schedule rates compare with Medicare and group health reimbursement rates, and why lower rates do not necessarily result in lower overall costs. Yang explains how lack of access to care, indemnity benefits, and litigation can lead to higher workers’ compensation costs when fee schedules are set too low. Additionally, in some jurisdictions, medical providers have recovered costs through physician dispensing, changing treatment or billing behavior, and denying care to workers’ comp patients. However, Yang says, if the fee schedule level is too high, there is a problem of medical cost containment. Tune in to hear more about the importance of carefully balancing fee schedule rates for workers’ compensation.

Special thanks to our sponsors, Casepacer and PInow.

2015 Workers Compensation Research Institute Conference: Cost and Impacts of Physician Dispensing Drugs May 05, 2015

Show notes

Workers Comp Matters host Alan Pierce attended the conference and sat down with two panelists to further discuss their panel topics. Dongchun Wang of WCRI discusses her research, the frequency and cost of physician dispensing and how it impacts workers compensation claim costs. The study analyzed reforms in the regulation of physician’s ability to dispense drugs across several states. Dr. Vennela Thumla of WCRI talks about her study on the relationship between physician dispensing and unnecessary opioid use (only in the state of Florida). She explains why this research is important and gives examples of opioid alternatives that emerged after a particular reform. Special thanks to our sponsors, Casepacer and PInow.

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