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Sunday, August 16, 2026

Empathy Isn't Soft

NWCR 2026!

Day two of the 2026 National Workers' Compensation Review (NWCR) at WCI 2026 will wrap its morning portion with the third hour, Empathy Isn’t Soft—It’s Strategic! How Empathy Curbs Litigation and Total Claim Cost. A series of posts is listed at the conclusion of this one, providing a roadmap to the entire NWCR 2026 agenda.
Tuesday, August 25, 2026; 11:00 a.m.- 12:00 p.m.
Grand Ballroom 8B (Entrance through corridor Grand Ballrooms 7 & 8)
Empathy is a challenging word; too often, it is confused with sympathy. Empathic reactions are considered and conscious. They are a tacit recognition that someone has particular thoughts, feelings, emotions, or reactions. We can accept this without the human judgment of whether those are real or not, rational or not, persuasive or not.

We need not agree with or endorse someone's perceptions and conclusions in order to empathize with them and their perceptions. In fact, it is entirely likely that each of us will find some conclusions or beliefs unpersuasive; humans have many similarities, but we all have our own strengths, weaknesses, beliefs, and predispositions. We each perceive the world through the lens of our own experiences, and that alone clarifies why different people may necessarily see things differently.

The point of discussing empathy is two-fold. First, there is the foregoing recognition that we can feel for what someone else is feeling or perceiving without endorsing or adopting their perceptions or conclusions. Second, through the empathetic and non-judgmental process of hearing them, we can each respect their interpretations and reactions. That is "respect," without any need for acceptance or endorsement.

The dynamics of this panel discussion are intriguing. The moderator brings a wealth of knowledge about the human condition, our mental processes, and our action and reaction tendencies. The psychology we bring to situations is largely in place before an event like an injury or accident occurs. Why, how, and when we react to an insult or injury depends on who we are.

The effect of physical injury may be unique and individual. One person may find an injury overwhelming, while another could find the same physical effect more of an inconvenience. Nonetheless, there are catastrophic events that occur in the world of work, and this panel brings that experience to the fore firsthand. The challenges of rehabilitation and recovery are many, and hearing them from the perspective of success is a powerful message.

Finally, it is rare that any of us move through recovery and function restoration without assistance. That may come in many forms, whether physical, emotional, restorative, or supportive. Those who facilitate and assist must possess and radiate engagement, involvement, and commitment.

This third hour of the morning presentation will bring all three of these perspectives to bear on the challenges of accepting the way others perceive and appreciate things. There will be discussion of "active listening," appropriate language and label use that accepts without judgment, and strategies for engaging those who are recovering from insult or injury.

This is not a program on avoiding reality, minimizing the reality of physical recovery, or falling into leniency or complicity through sympathy. This program is about respect, engagement, appreciation for differing perspectives, and forging restorative paths that address medical and human realities despite differing perspectives, beliefs, or hopes.

The message here will be "fair, efficient, and humane" methodologies to move beyond preconceptions and accept that perceptions will differ. Through this empathy, collaboration, and progress can come.
Tuesday, August 25, 2026; 11:00 a.m.- 12:00 p.m.
Grand Ballroom 8B (Entrance through corridor Grand Ballrooms 7 & 8)


Moderator: Geralyn Datz, PhD, MP, Hattiesburg, MS

Panelists:
Becky Curtis, Override Health, Gladwyne, PA
Debra Livingston, Reemployability, Tampa, FL

Monday, August 24, 2026
     1:00-2:00 NWCR 2026 and Litigation Management
     2:10-3:10 Causation Analysis
     3:15-4:15 Stewardship of Truth


Tuesday, August 25, 2026
     8:45-9:45 State of the States
     9:55-10:55 Actuarial Insight and Mysterious Underwriting
     11:00-12:00 Empathy isn't Soft
     1:00-2:00 Rapid Fire Hot Topics
     2:10-3:10 Beyond Exclusive Remedy
     3:15-4:15 Strategies to Thrive in Times of Change