ReEmployAbility, in partnership with WorkCompCollege.com recently hosted a dynamic cross-disciplinary webinar. The Perils of Misperception, moderated by ReEmployAbility CEO Debra Livingston. The conversation brought together leading voices in psychology, law, and behavioral medicine to examine how unconscious bias silently influences the decisions that shape the workers’ compensation experience.
The panel featured David Langham, Deputy Chief Judge for the Florida Office of Judges of Compensation Claims, Les Kertay, Ph.D., ABPP, Clinical and Consulting Psychologist, and Geralyn Datz, Ph.D., MP, President and Clinical Director of Southern Behavioral Medicine Associates. Together, they explored the subtle mechanisms by which the human brain processes overwhelming information, forms mental shortcuts, and unintentionally misinterprets behavior or medical symptoms.
Throughout the discussion, panelists emphasized that bias is not a flaw or moral failing but a natural part of how the mind functions. While impossible to eliminate entirely, it can be recognized and managed. The speakers demonstrated how everyday interactions—such as the phrasing of a question, the tone of a conversation, or a single past experience—can influence perceptions more strongly than many professionals realize.
The conversation also highlighted how stakeholders often carry their own assumptions into claims interactions, including injured workers who may anticipate being doubted, employers concerned about financial impact, or clinicians relying heavily on prior cases or “typical” recovery timelines. The panel underscored the importance of pausing before reacting, seeking clarity, and staying present in the moment to avoid fast, emotionally driven judgements.
Panelists also pointed to organizational culture as a determinant of how bias shows up within claims processes. In some environments, high stress, time pressure, or a strict cost-containment mindset can unintentionally reinforce distorted perceptions of injured workers or influence how complex cases are handled. Conversely, small, consistent changes—such as proactive communication, curiosity-driven questioning, and a commitment to understanding individual circumstances—can dramatically improve trust, outcomes, and the overall claims experience.
The discussion also addressed the role of emerging tools such as artificial intelligence. While AI can support document review and pattern recognition, the speakers cautioned that these tools reflect the biases of their human-generated training data and must always be paired with human expertise, verification, and careful interpretation.
Livingston noted that conversations like these help the industry better understand the human elements that influence claims decisions. “In workers’ compensation, we all deal with complex situations, high stakes, and emotionally charged interaction,” she said. “The more aware we are of our own perceptions—and the perceptions of the people we serve—the more effectively we can support recovery, communication, and return-to-work outcomes.”
Access the full recording to revisit the insights shared by our expert panel.
About Workers Comp College
WorkersCompCollege.com, a service of Workers’ Compensation Educational Services, is not a certified college or university and does not offer degrees. Instead, it provides a virtual training platform with certification to enhance outcomes for injured workers and their employers. The “college” theme reflects a commitment to advanced learning. The program is shaped by industry professionals dedicated to improving workers’ compensation through a “Whole Person Recovery” approach. Learn more at WorkCompCollege.com
About ReEmployAbility
ReEmployAbility, with over 20 years in business, is the nation’s largest provider of early return-to-work services and transitional employment. Their Transition2Work® program offers a cost-effective solution for modified light-duty assignments, helping employers reduce claim costs while injured employees heal. Through a nationwide network of nonprofit partners, they connect injured workers to meaningful opportunities, supporting their transition back to work. Learn more at www.ReEmployAbility.com or call (866)663-9880