Defending Employers

Episode 246: Winning Summary Judgment Motion by Establishing Special Employment: A Closer Look at a Recent Winning Result

July 12th, 2022  |  23 mins 7 secs

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

In a stunning civil case where a jury verdict of millions of dollars was likely, Chris Major won a complete dismissal via summary judgment.

Episode 245: Employee Won’t Sue? How to Subrogate and Prove Third-Party Causes of Action

July 11th, 2022  |  28 mins 22 secs

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

Both Section 29 in New York and Section 40 in New Jersey permit the carrier to sue “in the shoes” of the claimant/petitioner. Why would a claimant/petitioner not sue a third party? What can you do if they refuse? What are the statutory prerequisites to commencing a subrogation action? What are the proofs and legal standards involved for common third-party causes of action?

Episode 244: Legal Issues in Coordinating Multijurisdictional Construction Cases

July 5th, 2022  |  32 mins 21 secs

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

Tashia Rasul leads a discussion and answers questions about coordinating counsel across multiple jurisdictions in construction accident cases.

Episode 243: Off Premises Injuries in New Jersey

June 27th, 2022  |  22 mins 9 secs

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

Greg Lois leads a presentation on practical and legal aspects of defending off-premises injuries in New Jersey workers’ compensation cases.

Episode 242: The Going and Coming Defense in New York

June 20th, 2022  |  32 mins 48 secs

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

In this episode, "The Going and Coming Defense in New York," Greg Lois explores New York’s “Grey Area” rule regarding off-premises injuries.

Episode 241: The Powerful Consent Requirement in NY and Third-Party Settlement Consent Best Practices

June 13th, 2022  |  21 mins 56 secs

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

Section 29(5) has an explicit written consent requirement. Christopher Major 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!

Episode 240: Construction Claims: Responding to the Loss

June 6th, 2022  |  22 mins 56 secs

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

Episode 239: Stopping Reopeners

May 23rd, 2022  |  22 mins 43 secs

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

In this episode Greg Lois provides an overview, and answers questions, about stopping reopeners in New Jersey.

Episode 238: Defending Construction Claims

May 16th, 2022  |  22 mins 10 secs

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

Greg Lois discusses practical and legal aspects of defending construction accident claims in New York.

Episode 237: Future Offset Rights in NY/NJ: Who Pays for What, and When?

May 9th, 2022  |  29 mins 21 secs

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

Christopher Major, addresses the often-misunderstood issue of future credit and offset rights under Section 40 in New Jersey (NJSA 34:15-40) and Section 29 in New York (WCL Section 29) when the petitioner/claimant settles their third-party case.

Episode 236: Construction Claims: Preparing for the Loss

May 2nd, 2022  |  20 mins 52 secs

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

Tashia Rasul leads a discussion and answers questions about assembling a team of risk professionals to collaborate when a new construction project is contemplated.

Episode 235: Jurisdictional Defense: Definition of Employee

April 25th, 2022  |  19 mins 25 secs

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

Greg Lois provides an overview, and answers questions, about defending non-employment claims in New Jersey.