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Workers Comp Matters

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.

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S1 · E172
Tuesday · 36 min
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
S1 · E171
September 10 · 36 min
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
S1 · E170
August 31 · 30 min
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)
S1 · E169
July 28 · 28 min
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
S1 · E168
July 1 · 31 min
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
S1 · E167
May 28 · 21 min
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.
S1 · E166
April 28 · 33 min
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
S1 · E165
March 17 · 27 min
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
S1 · E164
February 10 · 31 min
The “Magellans” Navigating Workers’ Comp Care: Nursing Case Managers
Recovering from a workplace injury takes time, patience, and in many instances, professional case management. Guests Cindy Bourbeau and Annie Barach with Massachusetts-based Medical and Life Care Consulting Services explain how nursing case management professionals help injured workers through recovery and the Workers’ Compensation program. Misconception that they are “spies” for insurers in claims cases. In reality, medical case management professionals help patients understand and work through Workers’ Comp, advocating for them and helping insurance companies understand necessary care to ensure a full recovery. Licensed case managers help with medical evaluations programs of care that help injured workers return to their jobs and get on with their lives. At times, our guests explain, there are complications in the system that are akin to “untangling a web.” Hear how professional case managers help coordinate care, medicines, logistical concerns, insurance, treatment approvals, and therapy, helping patients maximize recovery and return to the best lives they can. 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.
S1 · E163
January 27 · 26 min
Workplace Mental Health: Employee/Employer Perspectives Can Differ.
Mental health plays a big role in workplace efficiency and safety, but it seems employers and employees view the topic differently. Guest Joseph Toppe, a longtime journalist and managing editor of the insurance news website PropertyCasualty360.com shares an interesting study from Pie Insurance. In recent years, employee mental health has become a more prominent issue. You don’t see the physical injury, but the injury may be there just the same. Where do employers see the risks of mental health, and how does that compare to workers’ needs? Employers and employees don’t agree. There’s a disconnect over workplace mental health that needs to be addressed. There needs to be a discussion. You can’t see a mental health injury the way you see a physical injury, but those injuries are real. And the evolution of AI and automation is only adding to the employee stress. In small businesses, especially, claims for mental health injuries are on the rise. Do you understand this new frontier? Workers’ Comp doesn’t end with “slips, trips, and falls.” 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. Resources: Articles by Joe Toppe “Most U.S. Employers Say Mental Health Issues Contribute to Worker Absences,” by Joe Toppe “New Report From Pie Insurance: Small Businesses Safety Priorities Shifting as Employee Needs Evolve, Survey Show” Pie Insurance
S1 · E162
Nov 25, 2025 · 32 min
“Many ills may strike, but one must answer.” Medical Causation Standards in Workers' Compensation Claims
Causation and Workers’ Compensation? It’s complicated, and it varies by state. The concept is that to qualify for Workers’ Comp there must be a direct link between the injury (or illness) and the workplace. But how do you prove what’s a direct result of the workplace and what was the result of a prior injury or condition? Here’s where it gets confusing. Every state has its own rules. There are varying degrees of required proof, pre-existing conditions, mental trauma, contributing causes, and it can be a challenge to sift through each jurisdiction’s standards. Hosts Judson and Alan Pierce dissect how pre-existing conditions complicate work-related injury claims. It’s not always as clear as it seems, and state-by-state regulations create even more confusion. Add in workplace psychological stresses and it goes even deeper. 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: “AMA Guides® to the Evaluation of Permanent Impairment: An Overview” “AMA Guides to Disease and Injury Causation,” by J. Mark Melhorn
S1 · E161
Oct 21, 2025 · 33 min
Workers’ Comp, Politics, and the Economy: A Concerning Mix
It’s not you, the Workers’ Compensation system has changed over time, and not always for the best. Guest Christopher Godfrey, with a long career in Workers’ Comp, including his current role as research director at the Workers' Injury Law & Advocacy Group (WILAG) and a lengthy stint running the office of Compensation Programs at the U.S. Department of Labor, offers some insights. Where a non-adversarial atmosphere used to prevail within Workers’ Comp, Godfrey worries it has been driven toward a confrontational system with a struggle for unilateral control. That isn’t how a program aimed at making injured workers whole and getting them back to work started out. Also concerning Godfrey is a lack of funding for the Federal Employees’ Compensation Program, making it difficult for injured federal workers to even find a doctor willing to accept them as patients. In both state and federal systems, Workers’ Comp is being buffeted by politics. Godfrey notes the government shutdown, a slowing employment environment, and even the potential for a stock market bubble threaten the system. Economics and politics can build hurdles that trickle down to how insurance companies and Workers’ Comp plans operate. Godfrey shares his personal concerns and describes what WILAG is doing today to protect the rights of injured workers. 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: Previously on Workers’ Comp Matters, guest Kenneth Feinberg, “’A Patriotic Obligation;” Kenneth Feinberg and the 9/11 Fund”
S1 · E161
Sep 23, 2025 · 29 min
A Teacher Injured in a School Shooting: When Is the School Responsible?
Workers’ Compensation has traditionally been a bargain, a “deal” workers and employers agree to. Workers injured on the job are compensated quickly and in exchange they don’t sue their employers. But when it came to a Virginia school teacher shot and seriously injured by a young student, was there an exception to the rule? Recent law graduate Katie Jean won the Workers’ Compensation Lawyers John F. Burton Jr. Law Student Writing Competition with her entry “Rethinking the Intent Exception in the Case of Teacher Violence in Our Public Schools Modifying to Include Willful and Wanton Misconduct.” In it, she examines the case of teacher Abby Zwerner, shot by a 6-year-old with a documented pattern of disciplinary issues and had been seen at school with a gun. Jean questions whether every school shooting can be ruled an accident for the purpose of Workers’ Compensation or if a known threat, with lack of corresponding action, entitles the injured teacher to sue for damages. It’s an interesting issue, and at least one prior case involving a teacher injured by a student the school knew about was unsuccessful. Does a teacher “assume risk” by taking a job? This is a timely discussion and a sign of our times. Listeners who would like a copy of Jean’s award-winning paper to review may email the hosts at the addresses below. 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: “Virginia Teacher Shot by 6-Year-Old Student Can Proceed With $40M Lawsuit, Judge Rules,” NBC News “Charge in Abby Zwerner's $40M Lawsuit Will Go to Jury Trial,” 13NewsNow “Vallandigham V. Clover Park Sch. Dist.,” Casemine
S1 · E159
Aug 29, 2025 · 25 min
When You’re Hot, You’re Hot: The Impact of Heat on Workplace Injuries
Hot enough for ya? Guest Sebastian Negrusa Ph.D. is a researcher at the Workers’ Compensation Research Institute (WCRI) and the co-author of the recent WCRI study “Impact of Excessive Heat on the Frequency of Work-Related Injuries.” What role does excessive heat in the workplace play in employee injuries? Turns out, it’s a lot. In temperatures of more than 90 degrees, the risk of injury on the job increases by a significant 5%-6%. Excessive heat, the study finds, impairs both cognitive and physical abilities, leaving workers more likely to make mental and physical errors and suffer injuries at work. Part of an employer’s duty is to prevent injuries at the workplace, and Negrusa’s study aims to help employers better understand the added risk in high-temperature environments. Some states and the federal government are currently looking at workplace heat standards and safeguards. Hear what occupations and employee groups are most vulnerable to these stressors and how employers can protect workers on the job (and what Workers’ Comp attorneys need to look for when representing injured workers). 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 “Impact of Excessive Heat on the Frequency of Work-Related Injuries,” WCRI, by Sebastian Negrusa, Olesya Fomenko, Vennela Thumula “Heat-Related Illnesses in the Workplace—A WCRI FlashReport,” WCRI, by Vennela Thumula, Olesya Fomenko “Florida Blocks Heat Protections for Workers Right Before Summer,” NPR “‘It’s Getting Hotter’: Bill Aims to Implement Strategies to Protect Outdoor Workers in High Temps,” Boston 25 News
S1 · E158
Jul 29, 2025 · 39 min
First Responders and Workers’ Comp, Understanding Workplace Injuries and PTSD
What happens when a first responder is hurt on the job or suffers from job-related post-traumatic stress? We depend on these heroes among us, always there when we need them most. But many must depend on Workers’ Comp professionals to help them when they are injured. Guest Paolo Longo is a partner with the law firm Bichler & Longo PLLC in Orlando, Florida. He specializes not only in helping injured workers, but also those injured workers who happen to be first responders. While physical threats are ever-present, PTSD is more common than many know. The hard part is getting victims and doctors to open up and talk about it. Police, fire, and corrections professionals are tough people. But the stress and injuries they suffer are real. How do first responder Workers’ Comp cases differ by state? Where do some issues fall under the so-called “presumption law?” First responders today are exposed to hazardous materials, toxic smoke, and traumatizing situations. As advocates push awareness of the physical and mental challenge they face, it’s up to Workers’ Comp attorneys to stay current. 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: “Is PTSD Covered Under Workers’ Comp?” Bichler & Longo blog Pulse nightclub shooting, Wikipedia
Jun 2, 2025 · 34 min
Exclusive Remedy: The “Great Bargain” (and the Exceptions)
Let’s talk about the “exclusive remedy,” what it means, why Workers’ Comp matters, and the exceptions. The concept of exclusive remedy is based on the principle that in exchange for care and benefits, a worker injured on the job may surrender some options for additional remedies. If you’re covered by Workers’ Comp, the ability to challenge the employer in court for injuries and pain and suffering may be limited. Workers’ Comp is the remedy. We are covered by Workers’ Compensation because that can be a good thing, but we may give up the right to sue. Ideally, it’s a fair deal for workers and employers. “The Great Bargain.” But there are twists and turns. Negligence, bad faith, family medical leave needs, disabilities, “double compensation,” and third-party interests all add to the puzzle. When does an injured worker get the “green light” to seek compensation outside of the exclusive remedy? And what about non-injury damages like defamation, malicious prosecution, slander, or mental anguish? Or what if a “leased” employee (think temp agencies) is hurt? While the exclusive remedy simplifies the management of workplace injuries in many cases, it’s not always as clear as it seems, and it’s important to know where the exceptions lurk. The goal is always to make injured workers whole. Every case matters. 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: Green v. Wyman-Gordon Foley v. Polaroid Longever v. Revere Copper & Brass Inc.
S1 · E156
Apr 29, 2025 · 29 min
When Undocumented Immigrants Are Hurt at Work
These are unprecedented times for the rights of immigrant workers in the United States. The current political climate has thrown a wrench into the Workers’ Compensation system when it comes to workers without documentation. Understanding the system can help. Guest Enrique Flores is the founder of the Flores Law Group in Indianapolis, Indiana, and a leader in immigrant workers’ rights. The son of immigrant parents, he says immigrant workers have always sought to live and work unnoticed, “invisible.” But in today’s charged political climate, the fear is real. When an undocumented worker contacts you for legal assistance, understanding the Workers’ Comp laws in your state is vital. Times may change, but the law and protections haven’t. The law provides benefits for people who are injured at work. What’s changed for workers is the importance of living a lawful life. Clients should stay out of legal trouble, ensure their car is legally registered and in working order, and avoid giving anyone a reason to question them. At the workplace, if immigration services show up (ICE), clients should know to stay calm and carry what are called “red cards” detailing their rights along with the card of an attorney they can call. The law still works for injured workers, no matter their immigration status. For attorneys, a little proactive outreach to the community could go a long way. 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: Red Card/Tarjeta Rojas Print your own Red Card, Immigrant Legal Resources Center American Immigration Lawyer’s Association National Immigrant Justice Association phone (800) 954-0254 National Immigration Law Center Northwest Justice Project Workers’ Injury Law & Advocacy Group
S1 · E155
Mar 31, 2025 · 35 min
More “Strange but True” Workers’ Comp Cases (and What They Teach Us)
Hosts Alan and Judson Pierce reflect on nearly two decades of the Workers Comp Matters podcast with an examination of unusual or bizarre claims and cases. A reminder, while some of these cases may have puzzling or humorous elements on their face, it’s never funny when a person is hurt. We may wonder what people were thinking when these incidents happened, but we can learn from each case. For starters, always expect the unexpected. An employee who thought her boss provided gluten-free pizza was actually fed pizza with gluten in it (what followed after her Workers’ Comp claim was denied is educational and clever). Or an octogenarian, part-time attorney who slipped and fell when he was summoned from his home office to a workplace office and claimed it was an exception to the “going and coming” rule? How about the “personal comfort doctrine” and the breakfast sandwich incident? These and other unusual cases spotlight both employee behavior and how Workers’ Comp rules vary by state. They may challenge the way you view your own cases. This episode is well worth your time. 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: Thomas A. Robinson blog, WorkCompWriter.com Walter A. Zerofski's Case, Masscases.com
S1 · E154
Feb 25, 2025 · 32 min
Sprain? Strain? Subluxation? Medical Insights That Can Help Attorneys.
Guest Dr. Peter Yeh is an orthopedic surgeon with more than 15 years in medicine treating shoulder, upper arm, and knee issues. The stuff that happens at the job. When it comes to injured workers, they’re not that much different than an injured athlete. In both cases, the things they do can be a big part of their identity. And getting back to work is imperative. It’s not just physical, it’s mental. We all have different layers of what makes us who we are, and work is a big part of that. Hear how Yeh learned how injured workers depend on doctors and the Workers’ Compensation system to help them cope both mentally and physically and get back to their lives. There’s no “cookie cutter” approach, and your clients depend on your understanding, compassion, and expertise. Medical technology is rapidly evolving. Even the terms you need to know can change. Yeh explains some options that injured workers can explore, especially in cases involving injuries that would have been irreparable just two or three years ago. If you’re representing injured clients, it’s up to you to stay current and help them understand their options, available treatments, and the mental struggle of getting back to normal. 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: Previously on Workers’ Comp Matters, Claire Muselman, “A New Approach to Workers’ Comp: Being Nice?”
S1 · E153
Jan 21, 2025 · 30 min
Enhancing Your Argument With Storytelling
Being a good lawyer is a lot about great storytelling. Unfortunately, that’s often not taught in law school. Facts build the case, but effective storytelling wins the case. Guest Robert Mattson is an experienced corporate communications leader and coach. But his skills go beyond that. He acts in and writes plays. He is also the founder and principal at Intrigue Communications and Coaching. He helps people not simply communicate but also tell a story. When you’re in front of a jury or arbitrator, you’re performing. It’s part of our everyday lives. Are you consciously telling the story that will help your client achieve the best outcome? Facts are vital. No argument there. But having the skills to help your audience understand those facts, embrace them emotionally, and understand what they are hearing is every bit as important. Mattson explains how understanding how stories are told makes you a better communicator. It’s more than an art, it’s a science. (Plus, he shares the three most important words in storytelling.) 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.

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