Workers Comp Matters

Legal Talk Network
Legal Talk Network

Workers’ compensation is about more than laws and benefits. It's about people. Attorneys Alan S. Pierce and Judson L. Pierce draw on decades of experience advocating for injured workers to explore the issues that matter most. Through insightful and engaging conversations with lawyers, doctors, industry leaders, and other experts, they examine everything from workplace injuries and recovery to important legal developments, national trends, and the occasional unusual case.

  1. 3 days ago

    Rein in “AI Esq?” When AI Caselaw and Citations Run Amok, Courts Notice

    Artificial intelligence is all around us, in courtrooms, law offices, insurance claims processing, medical practices, and just about everywhere else. But what happens when AI makes its way into an actual Workers’ Compensation case. Today’s guest, Judge Frank McKay, is an appellate judge and a director of the Georgia State Board of Workers’ Compensation. This is a fascinating conversation on the cutting edge of Workers’ Comp management. The Georgia board this summer issued a standing order regarding the use of AI, but what does it mean? McKay says AI is “an amazing thing” but notes while it may be a useful tool, there have been examples of cases where a lawyer – and even pro se litigants – have submitted materials where AI “hallucinated,” or “made up,” case law that didn’t exist. That’s a problem. Case citations, imagined participants, or real cases that don’t match the argument presented are problems. If someone is going to file a document, McKay says the Georgia Board is directing that the cases cited both exist and apply, verified by real, human review. AI is supposed to make things more efficient, not clog up the system with nonsense. The new Georgia rules on evidence and case law don’t ban the use of AI, but they do require the parties document AI use and accept responsibility to use human verification of AI generated findings or even AI medical record reviews. When it comes to AI, perhaps we can expect more, similar verification requirements. If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com. Mentioned in This Episode: Thomson Reuters CoCounsel LexisNexis Lexis+ Georgia State Board of Workers’ Compensation Georgia State Board of Workers’ Compensation SBWC AI Standing Order “AI 'Hallucinations' in Court Papers Spell Trouble for Lawyers,” Reuters

  2. 10 Sept

    Marking 25 Years Since 9/11: Revisiting Our Discussion With Special Master Ken Feinberg

    It’s been 25 years since 9/11. In this special episode, we revisit our conversation with Kenneth Feinberg, the architect of the federal compensation plan for victims and their families. As he asks in his book on the subject, “what’s life worth?” Feinberg is an internationally known attorney who was appointed by President George W. Bush to administer the federal fund established to aid those injured in the terrorist attacks and to support the families of those who lost their lives.  We reflect on Feinberg’s Herculean efforts and how his team grappled with a national open wound and struggled to put a monetary value on thousands of lives. In today’s often divisive political climate, a brutal period 25 years ago reminds us of a time when our nation came together as one. If any episode of Workers’ Comp Matters bears a second listen, this is the one. Everyone working with injured workers and their families can take a lesson from Feinberg’s extraordinary challenge.  If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com.   Mentioned in This Episode: “Worth,” a Netflix film on Ken Feinberg’s work, trailer “What Is Life Worth? The Unprecedented Effort to Compensate the Victims of 9/11,” by Kenneth R. Feinberg

  3. 31 Aug

    Way Down South: Every State Is Different. The View From Alabama.

    Let’s go way down south to Alabama. As we know, Workers’ Compensation systems can vary from state to state. In this episode, we’ll explore the Alabama system with Birmingham-based Workers’ Comp attorney David Nomberg, a partner in the Nomberg Law Firm.  In Alabama, the system operates uniquely as the only state without an administrative Workers’ Comp system to settle differences. If there is a dispute or denied claim, the case goes directly to the Circuit Court, the same judges that would hear other civil cases. This means attorneys may have the extra duty of explaining the issue to judges who may not be familiar with Workers’ Comp. Nomberg shares insights into the importance of communication. Not only with judges, but also with clients who may be surfing the internet and finding information from law offices in other states, where different laws apply. But as Americans, we all share some similarities, too. We all want to help workers injured on the job become whole and live their best lives. Nomberg sees some nationwide areas where we can all do better, including caring for an aging workforce, mental health and PTSD, heat-related claims, and changes in technology. Jump in for this fascinating dive into the complicated web of Workers’ Compensation in an ever-changing environment. If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com. Mentioned in This Episode: Workers’ Injury Law and Advocacy Group Previously on Workers’ Comp Matters, “’A Patriotic Obligation’: Kenneth Feinberg and the 9/11 Fund,” with guest Kenneth Feinberg “Worth,” trailer YouTube “The Looming Tower,” trailer YouTube Workers’ Compensation Research Institute (WCRI)

  4. 28 Jul

    Workplace and Joint Replacement: What’s On-The-Job and What’s Just Aging?

    Let’s talk about work-related joint injuries and replacements. Sebastian Negrusa, Ph.D., joins Judson and Alan to share the Workers’ Compensation Research Institute’s (WCRI) new report, “Recent Trends in Joint Replacement Among Workers’ Compensation Claims.”  While back injuries usually come to mind for workplace injuries, joint injuries, and subsequent replacements, are becoming more common. Are you up to speed on this trend? Shoulder, hip, and knee replacements are important parts of making workers whole and getting them back to their jobs and their lives.  How do you prove a workplace-related joint injury when someone has worked at the same job for decades? What’s work-related, what’s just a function of natural aging? What if the workplace only aggravated a naturally occurring degeneration? It’s complicated, but all workers deserve to be treated fairly, and all workplaces should be safe. If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com. Mentioned in This Episode: “Recent Trends in Joint Replacement Among Workers’ Compensation Claims,” WCRI, By Dongchun Wang, Vennela Thumula, Randall Lea, M.D. “CJR-X (Comprehensive Care for Joint Replacement Expanded) Model,” CMS.gov

  5. 1 Jul

    Challenging the Way We Think About “Exclusive Remedy”.

    In this fascinating episode, explore how the Exclusive Remedy Rule works in the real and evolving world of Workers’ Compensation law. A recent case in Washington State, the Teela Bauer case, challenges the traditional exchange of employer civil protections for worker compensation in the case of workplace harm. This is an interesting case as it involves an employee’s exposure to chemicals which may have led to the employee’s child’s birth defects. So, was there a workplace injury? Or is the company liable for something that went beyond the visible, definable workplace injury? Can the worker sue for something that may have started in the workplace but didn’t occur there? All good questions. The unborn child didn’t work for the employer. The parent wasn’t physically injured in the traditional sense at the workplace. But the plaintiff asserts the chemicals used on the job led to biological damage that led to the birth defects of the conceived child. Now the question is whether the traditional Exclusive Remedy doctrine precludes the parents from bringing a separate lawsuit against the employer. It gets complicated in a hurry. The worker wasn’t visibly injured, but the non-employee child has suffered some harm.  Workers’ Compensation law is an ever-evolving thing. Cases occasionally challenge what we thought we knew. Will the Teela Bauer case change the Exclusive Remedy Rule? Will legislation follow? It’s fascinating. If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com.  Referenced Links: Teela Bauer ruling, Justia Law “Boeing Must Face Negligence Claims Over Birth Defects of Employee's Child,” Courthouse News Service “Workers’ Compensation: No Longer The Exclusive Remedy,” Pierce, Pierce & Napolitano Foley v. Polaroid Corp, Justia Law Anderson v. Cryovac, Inc., “the Woburn case,” Wikipedia

  6. 28 May

    Collateral Damage: The Federal Workers’ Injury Comp Risk in a Government Shutdown

    Sometimes the work done by law students can surprise everyone. This episode may shock you. Continuing a tradition, we honor the annual winner of the John F. Burton Jr. College of Workers’ Compensation Lawyers Law Student Writing competition. This year, guest Roxanne Mosley is the winner with her findings in “The Uncompensated Risk: Federal Workers’ Compensation and the Human Toll of the Weaponized Shutdown.” Mosley examined the nexus of government shutdowns and the impact on federal employees protected under FECA, the Federal Employees’ Compensation Act. Government shutdowns aren’t just political showdowns, they have the potential to harm real people: federal workers protected under federal Workers’ Comp programs. Mosley witnessed the human toll of a federal shutdown, including missed mortgage payments and simply making the ends meet at the end of the month. But she also found the unexpected toll inflicted on those federal workers, the potential Workers’ Comp shortfalls. During a government shutdown, federal employees deemed essential may be asked to keep working without concurrent compensation, which can be marked as a “zero” on a worker’s pay stub. This is critical if a worker is injured on the job, as benefits are determined by past payment records. A period without pay can be included in that compensation calculation, resulting in reduced benefits. Mosley is calling for federal protections and Congressional action.  If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com.

  7. 28 Apr

    Exploding Glue and Mermaid Dresses: When Workers’ Comp Gets Weird

    It’s never funny when a worker is injured on the job, but some cases do raise eyebrows. In their annual look into some “unusual” Workers’ Comp cases, Jud and Alan uncover some incidents that challenged the system, some by just being so weird. Where did my ladder go? A worker on a rooftop was stuck when others removed the ladder and left the job. Desperate to get down, he jumped, suffering back and foot injuries. Is the worker to be blamed for intentionally jumping, or was he left with no choice?  The falling clipboard case. From the Supreme Court of Idaho, a helicopter pilot died in a crash when a passenger dropped a clipboard that struck the tail rotor and damaged it. Who’s liable? What’s an accident, and where does civil liability intersect with Workers’ Comp? A tryst in France, during a work trip, and the ensuing heart attack? Squeezing an oversized customer into a tiny mermaid-style wedding dress? Messing around with a flammable can of tire glue (at work)? Just as workers do unusual things, the courts also rule in unexpected ways. We can all learn from cases like these. If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com.  Mentioned in This Episode: Thomas A. Robinson, WorkCompWriter.com “Krinitt v. Dept of Fish and Game,” Justia.com “The Surprisingly Broad Scope Definition of Workplace Accidents in France,” Proskauer “Lea v. David Bridal of Greensboro, Inc. (2019)” Findlaw “Zerofski's Case,” Massachusetts, 1982 “Employee Loses Testicle to Boss's Golf Swing: Court Affirms Boss's Liability,” FindLaw

  8. 17 Mar

    Leveraging Tech and AI (With a Compassion) in Workers’ Comp Management

    With the rise of artificial intelligence, it makes sense to think about the use of AI analytics in Workers’ Compensation case outcome management. What types of tools lead to efficient claim management, including shorter claim durations and better outcomes? Guest Ryan Murphy has spent his career understanding and developing case management systems. As vice president of product at the third-party Workers’ Comp benefits administrator CorVel Corporation, he works with clients and analyzes and develops solutions that remove friction and deliver successful resolutions for clients and work. We’ve come a long way from the days of “snail mail” and faxes. Today’s tech allows case management specialists to incorporate operational efficiency technology and help workers and employers resolve cases and get injured workers back to their lives.  But as Murphy explains, tech isn’t a replacement for human communication and compassion, it’s a partnership. Data analysis, data aggregation, and claim summarization can help human case managers reach better conclusions faster. Every industry is being transformed by emerging technologies, Workers’ Comp is no exception. Be a part of the future today. If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com.    Mentioned in This Episode: Previous episode of Workers’ Comp Matters, “A New Approach to Workers’ Comp: Being Nice?” with Claire Muselman

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Workers’ compensation is about more than laws and benefits. It's about people. Attorneys Alan S. Pierce and Judson L. Pierce draw on decades of experience advocating for injured workers to explore the issues that matter most. Through insightful and engaging conversations with lawyers, doctors, industry leaders, and other experts, they examine everything from workplace injuries and recovery to important legal developments, national trends, and the occasional unusual case.

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