Episode 241

The Powerful Consent Requirement in NY and Third-Party Settlement Consent Best Practices

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June 13th, 2022

21 mins 56 secs

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workers' compensation new york new jersey lois law firm defense attorneys

About this Episode

Section 29(5) has an explicit written consent requirement. In this episode, Christopher Major, Civil Practice Team Leader at Lois Law Firm, goes over how to weaponize this powerful leverage in the context of your case. A good consent letter can drastically reduce your total exposure, but a bad consent letter can sink a case!

Major discusses the following:

  • What Section 29(5) requires legally
  • The difference between a written consent agreement, a compromise order, and a nunc pro tunc motion (i.e., “cramdown motions”)
  • Using Matter of Stenson and Williams v. Lloyd Gunther Elevator Service to make an air-tight consent.
  • Navigate Kelly, Burns, and Bissell in one comprehensive written agreement.


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