Workers Comp Matters is hosted by Attorney Alan S. Pierce, the only Legal Talk Network program that focuses entirely on the people and the law in workers compensation cases. Nationally recognized Trial Attorney, expert and author, Alan S. Pierce is a leader committed to making a difference when workers comp matters.
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TOA Storytellers is a down-to-earth, behind-the-scenes look at some of the most interesting people throughout the Workers' Comp, legal, business, and public life arenas and beyond. This podcast features interviews with some of the top comp risk management, WCAB, legal, business, political and creative minds anywhere. Hosted by Todd Olivas, Storytellers offers a rare sneak peek into the lives of these thought leaders. What is the story behind the person? What is their inspiration? What obstac ...
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More “Strange but True” Workers’ Comp Cases (and What They Teach Us)
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37:57
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37:57Hosts 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 ha…
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Sprain? Strain? Subluxation? Medical Insights That Can Help Attorneys.
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34:56
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34:56Guest 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 …
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Enhancing Your Argument With Storytelling
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32:00
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32:00Being 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 principa…
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AI May Be Big, But Nothing Replaces People In Workers’ Comp Claims
36:48
36:48
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36:48AI 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…
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Brain Strain: Workplace Psychological Injury Compensation
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38:08
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38:08Guest 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 underlyi…
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New Study Asks if Having a Lawyer Boosts Workers Comp Payments
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30:01Guest 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)…
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VA Disability Claims: An Often Overlooked Benefit Source
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37:42
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37:42Our 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,…
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50 Years In Workers’ Comp: Alan Pierce’s Observations and Reflections
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36:50
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36:50In this special episode, co-host Alan Pierce shares his thoughts on an auspicious occasion, celebrating his 50th year practicing Workers’ Compensation law. Alan’s son and law partner, Judson Pierce, interviews his father. Fifty years of anything is a long time. Alan passed the bar in 1974 and began practicing Workers’ Comp law. He’s seen a lot. Inc…
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Using AI To Help Both Sides, Adjusters And Injured Workers
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36:20
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36:20How will AI help us help workers injured on the job? What voids will AI help us fill as we work to help people get back to work and life? Treatment authorizations, document delivery, and automation of mundane tasks such as signature acceptance help an injured person get back on the job faster and speed operations for the adjuster. Let’s work togeth…
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A New Approach to Workers’ Comp: Being Nice?
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36:33
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36:33Guest Claire C. Muselman’s recent publication in WorkersCompensation.com encourages adjusters to take a new look at Workers’ Compensation’s goals. Maybe we should be less skeptical of workers and show empathy. In other words: Be Nice. We all have biases. Sometimes they get in the way and keep us from caring. From social media to traditional learnin…
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Alternative Medicine and Workers’ Comp Coverage: A Puzzle.
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36:54Let’s talk about alternative medicine and coverage under Workers’ Comp’s hodgepodge of rules. Guest Maya Rashid is a recent graduate of Penn State Law and the winner of the College of Workers’ Compensation Lawyers’ student writing competition with her article “Revitalizing Recovery: Exploring Workers’ Compensation Coverage of Alternative Medicine.”…
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New Insights: How A Worker’s Mental State Influences Injury Recovery
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30:18When workers are recovering from a workplace injury, there are psychosocial factors, mental factors, which can impede the recovery from physical injuries. Things such as a worker’s recovery expectations, fear of pushing too hard or performing activities that may restrict the benefits of physical therapy and hamper recovery, or even new negative fee…
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The “Multi-Tentacled Monster:” Repetitive Stress Claims
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34:20This episode opens a new topic for the Workers Comp Matters podcast: repetitive stress injuries, sometimes referred to cumulative trauma, acquired on the job. What happens to someone when someone develops a workplace injury, physical or mental, that can’t be traced back to a single, isolated event? Or what if the injury is the result of cumulative …
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Think You Know Workers’ Comp? The Times, They Are A Changing!
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42:42The “times they are a changing” in the world of Workers’ Compensation, a system developed when the relationship between workers and employers were more clearly defined. Guest Emily Spieler is an accomplished author, former professor, practicing attorney, and government official with a career that spans the space of workers’ rights, safety, and comp…
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When Things Get Weird, Volume 2: Unusual Cases of Workers’ Comp
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39:09A person getting hurt at the workplace is never funny. But it can be instructional to examine some of the strangest ways people manage to become injured at work. Hear about some “interesting” cases. A schoolteacher whose leg “fell asleep” while he sat in a classroom falls trying to stand up. He broke his femur. Is he entitled to compensation from h…
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Fighting The “HIPAA Police,” Accessing Your Client’s Medical Records
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39:13
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39:13HIPAA, the Health Insurance Portability and Accountability Act, is 27 years old. For better or worse, it was designed to protect patients. But in reality, it has also hampered attorneys in their quest for medical records critical to ensuring fair compensation for injured workers. Guest Jared Vishney is the founder and CEO of the medical record retr…
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Long COVID And Workers’ Comp, A Deep Dive Into A Real Issue
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31:09Did we ever learn a lot during the once-in-a-generation health event that was COVID! Guest Dr. Bogdan Savych of the Workers Comp Research Institute (WCRI) is a policy analyst who is studying the lasting effects of the illness, as well as lingering cases of Long Covid. What is “Long COVID?” How big is the problem? Is it even real? Is a pandemic an o…
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What Is A Workplace Injury When Your Home Is Your Workplace?
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32:57
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32:57Our understanding of work and workplaces may have been forever changed by the COVID pandemic. Many workers today are working from their own homes or conducting meetings by phone during their occasional trip to an office. When you’re working from home and slip and injure yourself in your own bathroom during the workday, who is responsible? If you ar…
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How A New Documentary Movie, “Americonned,” Relates To Workers’ Comp
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33:55Guest Dave Pederson is the producer of a new film, “Americonned,” that examines how the past few generations of workers have suffered from income inequality and been crushed by big business and its government influence. Wages aren’t keeping up, yet productivity has rocketed, on the backs of the American middle class. The rich are getting richer, th…
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“For Every Wrong, A Remedy?” When A Workplace Event Harms A Family
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29:34What about the rights of an injured worker’s spouse and family members after a work-related injury or illness? Guest Michael Duff, law professor, former blue-collar worker, and expert on Workers’ Comp walks us through the California “Kuciemba Case,” a case where an employer may have violated COVID-19 pandemic regulations, infecting several workers.…
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The “F-Word” In Workers’ Comp: Fraud. Not Always The Employer?
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32:11Let’s talk about the F-word in Workers’ Compensation: Fraud. Guest Connor Thomson is a second-year law student at Villanova University who won the College of Workers’ Compensation Lawyers John F. Burton Jr. Law Student Writing Competition with his paper “Fight Fire With Fire: The Need For Carriers To Be Afforded More Duties And Privileges To Combat…
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Support That Goes Beyond Lawyers and Doctors: Kind Souls Foundation Lends An Ear
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26:11
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26:11Helping workers and their families get back on their feet after a workplace injury or other workplace-displacing health event takes more than legal aid, insurance, and even doctors. Injured workers are people first, and people have emotional needs. Guest Danielle Troxel is managing director of Kind Souls Foundation, a non-profit, donation and volun…
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Medical Marijuana, Your Client, And Who Pays
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34:28Marijuana was once fodder for stoner comedies and standup routines. But today, medical marijuana is a serious matter in Workers’ Compensation. Fair compensation, and proper medical treatment, is not always as clear as it should be. Laws evolve by the day, state by state. Guest Jenifer Dana Kaufman is a Pennsylvania Workers’ Comp attorney who has de…
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When A Worker Is Injured, So Is The Family: Helping Children Move Forward.
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31:12Guest Kathleen Fisher is an accomplished attorney in the field of Workers’ Compensation, but she’s also an active leader of the organization Kids’ Chance, dedicated to supporting the children of workers injured on the job. Kids’ Chance provides scholarships to the children of injured workers. When a worker is hurt, or even killed, on the job, rippl…
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Back To School: Learning To Focus On “Recovery,” Not “Claims”
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32:45
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32:45Guest Robert “Bob” Wilson is a leader at Work Comp College, created to offer a deeper dive into workplace protections for employees. He’s not a lawyer or an academic type, but he’s long held an interest in the programs designed to protect workers and employers. The field of helping workers recover from workplace injuries can get better, through tra…
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Settle Down: How Settlements Work in Workers’ Comp Cases
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37:29To settle or not to settle, often a question. Our guest, Jim Anderson, is a well-known Workers’ Comp attorney and a leader in the field in Mississippi. His input about “settlements” are respected, and he has led the field in helping both sides reach a solution. The best claim is a closed claim. Is it sometimes better to simply settle a case fairly,…
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Urgent Need: Serving First Responders With PTSD
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31:43
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31:43We depend on our first responders – firefighters, cops, emergency room workers – every day. They protect us from harm. But what happens when they need our help? Our guest Robert Wisniewski is a Certified Specialist in Workers’ Compensation law with the Arizona State Bar and a military veteran. Post-traumatic Stress Disorder is a real thing, PTSD. H…
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When Things Get Weird: Fascinating Cases, Different Jurisdictions
33:57
33:57
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33:57A reminder that every case is different. Injuries occur in unusual situations that challenge how we think about Workers’ Compensation and how every state and jurisdiction applies the law differently. The “Skiing Chaperone Case,” is about a teacher who accompanies a school ski club as a chaperone. Is she eligible for Workers’ Comp if injured while s…
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Longshoremen and Workers’ Comp Act — Coverage, Benefits and Compensation
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33:27Enjoy a deep dive into the Longshore and Harbor Workers’ Compensation Act with a veteran of the field, guest Norman Cole. The Act is a federal comp provision that covers those who load, unload, and repair ships or work in related fields. It’s a fascinating field that differs from standard state compensation rules. For one, the injured worker doesn’…
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Embrace Your Inner Matlock: “Acting” In The Courtroom
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35:36Guest Rachel Bailit is not an attorney, she’s an actor. So why is she a guest on a show about lawyers and legal issues? As an experienced acting teacher – in addition to an accomplished actor in movies, television, and live stage – Bailit specializes in teaching acting skills to public speakers, politicians, and attorneys. Telling your story in cou…
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65. How a Single Mom is Crushing It As A Work Comp Risk Manager with Angelina Anguiano, WCCA, WCCP
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1:01:26By Todd Olivas
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64. How to Turn Around a Sinking Insurance Company, Predicting the Future of Remote Legal Work Before it was Cool, and Building a New Law Firm with Randy Pollak - Wintersteen | Casarez Law Corporation
1:46:47
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1:46:47Todd Olivas and Jonathan Castro interview Randy Pollak, Managing Partner at Wintersteen | Casarez Law Corporation and learn all about how he helped turn Pacific Compensation Insurance Company from a broken business model into a thriving company; how he wrote about and advocated for CourtCall long before anyone else; and how he's helping build Winte…
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A Playbook for Tackling Workers’ Comp in Professional Sports
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37:53
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37:53It’s one thing when a shelf stocker slips at work and injures her back. It’s another thing entirely when a professional athlete blows a knee on the football field. Our guest this week is Jonathan Israel, senior partner at the Jacksonville, Florida, law firm RITE where he represents professional athletes in Workers’ Comp cases. Things get interestin…
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Workers’ Comp Medical Fee Schedules: What You Need To Know
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33:50Workers’ Compensation is primarily designed to provide two benefits: payroll replacement for injured workers and medical payments to providers. But over the years, the process has become increasingly complicated. Guest Ramona Tanabe is executive vice president and counsel for the Workers’ Compensation Research Institute (WCRI). In this episode, she…
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63. I interviewed three brilliant minds in the Work Comp realm, here’s what I learned from …Chris Gutierrez (STRYKE), Josh Diggs (Modern Reign), Chad Beinschroth (ABM)
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1:20:17Episode #63 of the “TOA Storytellers” podcast I interview three brilliant minds in the Work Comp realm, here’s what I learned from …Chris Gutierrez (STRYKE), Josh Diggs (Modern Reign), Chad Beinschroth (ABM) To listen to this podcast, simply find “TOA Storytellers” on your favorite podcast app (Apple, Android, Spotify) or visit http://www.toddoliva…
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Has the “Great Bargain” Worked? Well … It’s Complicated
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32:01Continuing our discussion of the 50th anniversary of the National Commission on State Workmen’s Compensation (as it was called) report. We’ve come a long way, but … it’s complicated. Guest Abbie Hudgens, Administrator of the State of Tennessee Bureau of Workers’ Compensation, shares her thoughts on how far we’ve come with the “great bargain” that b…
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50 Years After a Review of Workplace Protections, Time for Another Look?
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26:51July marks the 50th anniversary of the National Commission on State Workmen’s Compensation laws. The system we have in place wasn’t always so. Even after the passage of protections for workers, it took years to develop today’s standards. In 1972, a federal panel released a comprehensive review of state Workmen’s Compensation (as it was then called)…
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Workers’ Comp and COVID: An American Failure
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27:13Guest Joanne Doroshow is the founder and executive director of the Center for Justice & Democracy, a national consumer organization dedicated to protecting our civil justice system. She shares a new report from the Center’s Emily Gottlieb, “System Letdown: Worker Safety, Harm, and Compensation in the Age of COVID-19.” The report examines the role o…
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62. STRYKE National Investigations: Chris Gutierrez, CEO
1:36:17
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1:36:17Todd Olivas and Rick Castro interview Chris Gutierrez, CEO at STRYKE National Investigations https://www.strykeinv.com Such an awesome podcast. Lots of WPM --- Wisdom Per Minute. Chris Gutierrez (CEO of STRYKE Nation Investigations) drops so many nuggets of wisdom that I had to coin a new phrase: Wisdom Per Minute (WPM) ©® Trademark 2022. Plus he m…
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Immigrant Workers and Their Rights, Documented or Not
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41:24It doesn’t matter what country you’re from or if you’re in the U.S. documented or not. Workplace injuries don’t care about immigration status or language abilities. Everyone hurt on the job deserves representation. Arizona-based workers’ rights attorneys Robert Wisniewski and Javier Grajeda share their vast experiences representing immigrant worker…
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61. Modern Reign Insurance Brokers: Zach Brown
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2:03:30Todd Olivas and Rick Castro interview Zach Brown about Modern Reign Insurance Brokers and many other creative initiatives Zach is involved with offering uncommon value to the Work Comp industry. https://modernreign.com/By Todd Olivas
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Rebuttable Presumption of Intoxication: Workers’ Comp and Marijuana
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29:32Our guest is law student Simon X. Cao, winner of this year’s College of Workers’ Compensation Lawyer’s John F. Burton Jr. Student Writing Award. His essay, “Fighting The Tide – Overcoming The Rebuttable Presumption of Intoxication In The Age of Marijuana,” examines a common Workers’ Comp defense arguing an injured worker was somehow culpable in his…
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60. Modern Reign Insurance Brokers: Josh Diggs
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1:07:26Todd Olivas and Rick Castro interview Josh Diggs about Modern Reign Insurance Brokers and many other creative initiatives Josh is involved with offering uncommon value to the Work Comp industry. https://modernreign.com/By Todd Olivas
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Workers’ Comp Attorneys, Protecting Our Rights
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31:49
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31:49Guest Malcolm Crosland is a South Carolina attorney with more than 30 years’ experience protecting workers and their rights. In today’s gig economy, it’s up to Workers’ Comp attorneys to guard against employers, lobbyists, and insurance carriers as they angle to classify workers in ways that could exclude them from workplace protections. Crosland s…
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Todd Olivas and Rick Castro interview each other about 2022By Todd Olivas
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Revisiting the History of Workers’ Compensation with John F. Burton, Jr.
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1:01:34The 1972 issuance of the Report of the National Commission on State Workmen's Compensation Laws is one of the watershed moments in modern workers' compensation. As this year marks the 50th anniversary of the report, we felt it was worth revisiting our conversation with John F. Burton, Jr., who served as chairman on that commission. In this episode,…
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All Aboard: Maritime and Defense Base Claims
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34:45Workers’ compensation cases take many forms and cover myriad workplace injuries. In this episode, guest Christopher Hug dives into one very specific area, maritime industrial accidents, injury, and compensation. Hug specializes in maritime industrial cases, often under the Longshore and Harbor Workers’ Compensation Act and the very specific Defense…
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58. Black and Rose: Brent Rose, Esq.
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1:25:50Todd Olivas and Rick Castro interview founding partner of the Black and Rose law firm: Mr. Brent Rose, Esq. https://blackandrose.com/By Todd Olivas
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“Do The Right Thing,” A 9/11 Hero To The End
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29:44Guest Phil Alvarez, director of 9/11 Outreach and Education for the law firm Hansen & Rosasco, shares how his brother fought to the end like the hero he was. Luis Alvarez was an NYPD detective who worked in the toxic ruins of the World Trade Center for months, not knowing a silent beast would stalk him for the rest of his life, and dying of cancer …
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“Law’s Finest Hour,” Tort Lawyers and 9/11
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33:38Guest Leo V. Boyle recalls the frantic 60 hours after the 9/11 terror attacks of 2001. He calls that time “law’s finest hour” as pro bono tort attorneys collaborated with Congressional leaders to craft the $7 billion victims’ compensation fund. Boyle shares how lawyers from across the country came together and rushed to head off potentially pointle…
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