Episode 254

The Pitfalls for a Carrier Seeking Reimbursement from NY State or Municipal Entities

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September 12th, 2022

23 mins 38 secs

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

About this Episode

Section 40 in NJ does not permit subrogation/reimbursement rights from public entity “Title 59” claims, but New York’s Section 29 does! Beware of the heightened proofs, differing procedure, abbreviated statutes of limitations, and specific requirements under the General Municipal Law and the Court of Claims Act. In this episode, Christopher Major, Civil Practice Team Leader at Lois Law Firm, will dive into the pitfalls for a carrier seeking reimbursement from NY State or municipal entities.

Major will discuss the following:

  • The statutory and legal grounds for subrogation against public entities in New York.
  • The requirements of the General Municipal Law and Court of Claims Act.
  • How to navigate complex issues, like the No-Fault Law and intercompany loss transfer in public entity claims.
  • How to avoid having your rights prejudiced by a negligent claimant or third-party attorney.


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