Workers Comp Matters

• 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 [email protected] or [email protected].  Mentioned in This Episode: Previously on Workers’ Comp Matters, Claire Muselman, “A New Approach to Workers’ Comp: Being Nice?” Learn more about your ad choices. Visit megaphone.fm/adchoices

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• 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 [email protected].  Learn more about your ad choices. Visit megaphone.fm/adchoices

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• AI May Be Big, But Nothing Replaces People In Workers’ Comp Claims

  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]. Learn more about your ad choices. Visit megaphone.fm/adchoices

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• Brain Strain: Workplace Psychological Injury Compensation

  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” Learn more about your ad choices. Visit megaphone.fm/adchoices

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• New Study Asks if Having a Lawyer Boosts Workers Comp Payments

  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” Learn more about your ad choices. Visit megaphone.fm/adchoices

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