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 [email protected] or [email protected]. 

Mentioned in This Episode:

“Is PTSD Covered Under Workers’ Comp?” Bichler & Longo blog

Pulse nightclub shooting, Wikipedia

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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 [email protected] or [email protected]. 

Mentioned in This Episode:

Green v. Wyman-Gordon

Foley v. Polaroid

Longever v. Revere Copper & Brass Inc.

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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 [email protected] or [email protected]. 

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

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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 [email protected] or [email protected]. 

Referenced Links:

Thomas A. Robinson blog, WorkCompWriter.com

Walter A. Zerofski's Case, Masscases.com

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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 [email protected] or [email protected]. 

Mentioned in This Episode:

Previously on Workers’ Comp Matters, Claire Muselman, “A New Approach to Workers’ Comp: Being Nice?”

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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 [email protected]. 

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AI may be changing the Workers’ Compensation insurance industry, but that doesn’t diminish the importance of a personal touch. Guest Michael Kelley leads the HUB International claims adjustment team in New England and explains how bringing cases to a satisfying conclusion for all involved can be as much of an art as a science. 

There’s room for both automation and technology and face-to-face discussion, understanding the nuances of every situation, and negotiating. 

Kelly shares his process and how he puts his 40+ years of experience to work, from soup to nuts. Hear what he considers and how he works with both employers and third-party insurers to reach a settlement that fairly compensates a worker while making sure a claims provider stays in business. 

What role will today’s emerging AI technology play? Kelley says it can be an excellent tool for efficiency, but nothing will replace an adjuster’s wisdom and experience. 

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at [email protected].

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Guest Michael C. Duff, professor at the St. Louis University School of Law, explores the evolving field of mental health injuries in the Workers’ Comp world. 

Stress and workplace trauma is real, and recognition of these injuries is developing, but there are still complicating factors. Did workplace stress cause a heart attack, or was there underlying heart damage? What constitutes post-traumatic stress, and at what point did that stress occur on the job? 

There’s a lot to unpack. Daily on-the-job stress versus something truly unusual at the workplace; cumulative versus traumatic stress; faking versus real injury; causation; and privacy (HIPAA) all factor into a decision regarding compensation.

We all know a broken arm when we see it. But understanding a damaged mind can be tricky. First responders, air traffic controllers, and factory workers all face stresses, but not all stress is the same. Hear how jurisdictions differ in their view of psychological injury Workers’ Comp claims. 

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at [email protected]. 

Mentioned in This Episode:

Agis v. Howard Johnson Co.

Previous Appearance on Workers Comp Matters, “For Every Wrong, A Remedy? When A Workplace Event Harms A Family” 

Previous Appearance on Workers Comp Matters, “Presumptions in the Age of Covid-19”

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Guest Bogdan Savych, a senior policy analyst at the Workers’ Compensation Research Institute (WCRI), discusses his new paper, written with David Neumark, entitled “Impact of Attorney Representation on Workers’ Compensation Payments.”

WCRI studied the impact of attorney representation when it comes to indemnity payments (income replacement benefits) for injured workers in what, on its face, is supposed to be a straightforward Workers’ Compensation system. What impact, statistically, does having an attorney represent an injured worker have on payments? 

Not surprisingly, Savych’s research found that for workers, having an attorney represent them in their claims can result in higher payments, but there is still work to be done. And, as host Alan S. Pierce notes, it’s even possible involving an attorney can save the Workers’ Comp insurance company money by identifying other parties who are liable for the injury through negligence. But then, what about attorney fees? There are myriad factors to consider, and, as we know, every state is different. 

If you’re an attorney who represents injured workers in Workers’ Compensation claims, or you’re otherwise connected to the world of Workers’ Comp, consider joining WCRI as a member.  

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at [email protected]. 

Mentioned in This Episode:

“Impact of Attorney Representation on Workers’ Compensation Payments,” by Bogdan Savych and David Neumark

Free Report: “WCRI Medical Price Index for Workers’ Compensation, 16th Edition (MPI-WC)” by Workers’ Compensation Research Institute

Previously on Workers Comp Matters, “The Attorney’s Role in Workers Compensation”

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Our military and public service veterans deserve our best. Guest Alex Dell is a longtime Workers’ Compensation and Veterans Affairs compensation attorney, often representing injured public servants or military veterans. He’s also a former Division One hockey referee. In both roles, Dell explains how taking a broad view is crucial. 

The key, he says, is to avoid “tunnel vision.” Learn to see issues from multiple angles. Take in the whole picture. In hockey, keep an eye out for penalties behind the play, and when a worker is hurt, especially a military veteran, watch for multiple claims to pursue as you seek to best represent your client. 

When we talk about veterans’ claims, we’re looking at three areas: pension benefits, compensation for injuries, and “DIC” benefits, the dependency and indemnity claims for families who lost a loved one or who have a loved who was disabled. It can get tricky, and there are unscrupulous “representatives” eager to trick potential clients into making payments that are already covered by the compensation programs. 

Representing public servants and veterans is nuanced. Some disabilities aren’t physical. Post traumatic stress disorder (PTSD) may not be evident at first but can manifest itself later. That’s still a real disability, and vets deserve compensation to help them recover. Some veterans may not even know help is available even a decade or more after service. And clients may also not understand a VA “denial” isn’t the end of the road. There are alternatives and appeals. 

Do you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear? Contact us at [email protected] 

Mentioned in This Episode:

Pro Hac Vice

Article, “Presumptive Evidence Of Causation In Workers’ Compensation Claims Related To World Trade Center Rescue, Recovery And Cleanup Operations”

“Your Intent to File a VA Claim,” U.S. Department of Veterans Affairs

“The Michigan Goal,” YouTube

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