『Workers Comp Matters』のカバーアート

Workers Comp Matters

Workers Comp Matters

著者: Legal Talk Network
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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.Legal Talk Network 政治・政府 政治学 経済学
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  • Challenging the Way We Think About “Exclusive Remedy”.
    2026/07/01
    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 Learn more about your ad choices. Visit megaphone.fm/adchoices
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    32 分
  • Collateral Damage: The Federal Workers’ Injury Comp Risk in a Government Shutdown
    2026/05/28
    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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    21 分
  • Exploding Glue and Mermaid Dresses: When Workers’ Comp Gets Weird
    2026/04/28
    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 Learn more about your ad choices. Visit megaphone.fm/adchoices
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    33 分
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