Defending Employers

Episode 72: Lack of Employment; Special Issues in Employment (Employer-Employee)

April 16th, 2018  |  22 mins 29 secs

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

Attorneys Greg Lois and Nidhi Shetye lead a presentation and on the definition of “employee” under the New York workers’ compensation law and raising lack of employment as a defense.

Episode 71: The Second Injury Fund in New Jersey: Maximizing Contributions from the Fund

April 4th, 2018  |  23 mins 24 secs

lois llc, new jersey, second injury fund, workers' compensation

Attorneys Karen Vincent and Greg Lois of the Lois Law Firm explain how New Jersey's Second Injury Fund works, when relief can be obtained from the Fund, and strategies for maximizing the contribution of the Second Injury Fund. The presentation includes a practical step-by-step illustration of the impact of Fund contribution in a total disability case with pre-existing conditions.

Episode 70: Penalties and "No Coverage" Exposure in New York

March 20th, 2018  |  19 mins 16 secs

new york, penalties, workers' compensation

Today’s podcast is designed to help the attendee answer the following questions: “What are the most common causes for penalties in New York?,” “How do we avoid case-level penalties?” and “What can we do to mitigate or resolve a penalty issue?”

Episode 69: Appeals and Reopeners in New Jersey

March 1st, 2018  |  26 mins 46 secs

joseph jones, karen vincent, lois law firm llc, new jersey, reopeners, workers' compensation law

Attorneys Joe Jones and Karen Vincent of the Lois Law Firm discuss appeals and reopeners of New Jersey workers' compensation cases from the defense perspective.

Episode 68: Appeals and Post Trial Practice in New York

February 19th, 2018  |  12 mins 19 secs

Attorneys Greg Lois and Jeremy Janis lead a presentation and discussion on to answer questions about appeals and post-trial practice in New York workers' compensation claims.

Episode 67: New Jersey Section 20 and Secondary Payer Barriers

January 23rd, 2018  |  34 mins 34 secs

dismissal, medicare, new jersey, section 20, settlements, workers' compensation

Attorney Greg Lois discusses the availability of a lump-sum dismissal settlement in New Jersey Workers' Compensation cases. The presentation looks at the limitations on this type of compromise in the statute (N.J.S.A. 34:15-20), the rules (N.J.A.C. 12:235-13.1) and the case law. Attorney Lois reviews the barriers to Section 20 settlements and presents practical advice and opinion on obtaining the dismissal in court. The discussion also include an overview of the Medicare Secondary Payer Act as a barrier to full compromise settlements in New Jersey, with practical tips for resolving cases quickly.

Episode 66: Medicare Secondary Payer Set-Asides and Conditional Payments in New York Workers’ Compensation Cases

January 15th, 2018  |  13 mins 57 secs

conditional payment, declan gourley, lois llc, medicare secondary payer, section 32, set aside, workers' compensation

Attorney Declan Gourley leads a presentation designed to help the attendee answer the following questions: “Can I settle this case?” and “Does Medicare have a current interest I need to consider?” and “Do I need to consider Medicare’s future interest?” Presenter Declan Gourley has years of experience representing claimants before the Social Security law judges and employers and carriers before the Workers' Compensation Board. At the end of the presentation, the attendees will have a basic understanding of Medicare Secondary Payer exposure and when they need to consider Medicare’s interest in a lump-sum settlement.

Episode 65: New Schedule Loss of Use Guidelines in New York

January 9th, 2018  |  31 mins 28 secs

impairment guidelines, lois law firm llc, new york workers' compensation, scheduled loss of use

LOIS Partner Christian Sison leads a presentation on the new-for-2018 New York Guidelines for Determining Impairment. The new Guidelines replace the prior methods of determining Scheduled Loss of Use for all claims where an impairment report was not submitted before January 1, 2018 and will have an impact on exposure join all future claims. Attorney Sison provides examples including side-by-side exposure analysis of the same impairment under the old and new Guidelines and answers questions live from the webinar audience.

Episode 64: Maximizing Recovery via Reimbursement and Subrogation Under New Jersey Section 40

December 27th, 2017  |  29 mins 43 secs

new jersey, reimbursement, subrogation, workers' compensation

Attorneys Christopher Major and Greg Lois present a webinar on carrier recovery through reimbursement and subrogation under New Jersey's Section 40 (N.J.S.A. 34:15-40). They discuss the impact of recent cases, such as the December 11, 2017 Supreme Court decision in Vitale v. Schering Plough and the November 22, 2017 Appellate Decision in Pino v. Polanco. The attorneys discuss reimbursement to the carrier/employer from the proceeds of civil actions as well as tactics for maximizing recovery - including practical negotiation tips for dealing with plaintiff's attorneys who always demand a lien reduction to "1/3rd."

Episode 63: Section 29 Reimbursement, Lien recovery, and Subrogation in New York

December 18th, 2017  |  22 mins 51 secs

burns v. varriale, kelly calculation, lien recovery, new york, subrogation, wcl § 29, workers' compensation lien

Attorneys Christopher Major and Glenn Johnston lead a presentation on Section 29 reimbursement and subrogation in New York workers' compensation claims. The attorneys discuss reimbursement to the carrier/employer from the proceeds of civil actions as well as tactics for maximizing recovery - including negotiation tips for dealing with plaintiff's attorneys who always demand a lien reduction to "1/3rd."

Episode 62: Evaluating Exposure in New Jersey Workers' Compensation Claims

November 28th, 2017  |  31 mins 46 secs

abdullah credit, exposure, ime, mmi, n.j.s.a. 34:15-20, n.j.s.a. 34:15-22, new jersey, permanency, workers' compensation

Attorneys Karen Vincent and Greg Lois discuss the role of defense counsel in providing timely and accurate exposure analysis to clients. The attorneys discuss the "when" of providing an exposure analysis - when during the litigation lifecycle the attorney should be providing estimates of exposure and likelihood of prevailing at trial. The attorneys also discuss the "how" of exposure - how estimates of permanent disability are made. This webinar presentation is a must-watch for risk professionals and adjusters relying on outside counsel to provide exposure analysis.

Episode 61: Evaluating Permanency Exposure in New York Workers' Compensation Claims

November 21st, 2017  |  29 mins 30 secs

atf, exposure, loss of wage earning capacity, lwec, new york workers' compensation, permanency, slu

Attorneys Tashia Rasul and Tim Kane lead a presentation and answer questions on evaluating exposure for Loss of Wage Earning Capacity awards in New York workers’ compensation claims.