About the show
This is the audio feed from Lois Law Firm’s popular webinar training series. Every month the Firm’s attorneys present different topics in workers’ compensation. Meant as a 101 level training course, the attorneys present a fresh take on common issues in workers’ compensation defense.
Special Reports and Presentations: When emerging legal issues arise that impact employers, Lois Law Firm publishes special presentations. These special events, hosted by attorneys and presented in plain English, make the emergent changes understandable for business owners, insurance carriers, and other attorneys.
DISCLAIMER: This podcast is not legal advice! The materials presented by this podcast and any affiliated website are for informational purposes only and are not offered as legal advice as to any particular matter. No reader should act on the basis of these materials without seeking appropriate professional advice as to the particular facts and applicable law involved. The materials are not represented to be correct, complete, or up-to-date. Opinions presented by this podcast are the opinions of the author. Neither the use of this web site nor the transfer of information to or from this web site shall create or constitute an attorney-client relationship between Greg Lois or LOIS Law Firm LLC and any person. You should not send any confidential information to this web site until after you have entered into a written agreement for the performance of legal services.
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Episodes
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Episode 222: Impact of Center for Medicare & Medicaid Service's New Set-Aside Submission Reference Guide on Workers' Compensation Settlements
January 20th, 2022 | 38 mins 40 secs
defense attorneys, lois law firm, new jersey, new york, workers' compensation
This episode addresses the January 10, 2022 changes to the Center for Medicare & Medicaid Service’s Workers’ Compensation Medicare Set-Aside Arrangement Reference Guide, Version 3.5 and applies to all jurisdictions where “full-and-final” settlements (including future medical exposure) are allowed.
The Set Aside Reference Guide was updated on January 10, 2022 to state that Medicare no longer gives “non submit” set aside allocations the same deference as “submitted and approved” set aside allocations. This will have a big impact on workers’ compensation settlements. This is new and conflicts with other guidance issued by the Center for Medicare & Medicaid Service regarding both required pre-approval and the review thresholds.
We explain and discuss the following:
what the carriers/self-insured obligations are under the Medicare as Secondary payer Act (the “Act”).
The options available to carriers and self-insured who want to remain in compliance with the Act.
The costs and tradeoffs between the various options for remaining in compliance with the Medicare as Secondary Payer Act.
The legal precedence and authority that CMS has and explains the litigation risks of various methods of compliance.
The contradictions inherent in the new Reference Guide which makes compliance with the new guidance impossible in some situations.This episode audio is taken from a live presentation which is available here for viewing: https://loisllc.com/medicare/impact-of-cmss-new-msa-submission-guidance-on-workers-compensation-settlements/
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Episode 221: Maximizing Recovery in New York MVA Cases: The $50K Threshold and Intercompany Loss Transfer
January 10th, 2022 | 22 mins 58 secs
defense attorneys, lois law firm, new jersey, new york, workers' compensation
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Episode 220: Goals of Multijurisdictional Coordination
January 3rd, 2022 | 17 mins 37 secs
defense attorneys, lois law firm, new jersey, new york, workers' compensation
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Episode 219: The Importance of Risk Transfer in New York Workers' Compensation
December 20th, 2021 | 21 mins 45 secs
defense attorneys, lois law firm, new jersey, new york, workers' compensation
In this episode, Greg Lois leads a discussion on reimbursement from the proceeds of third party claims as well as the carrier/employer's right to subrogate.
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Episode 218: 2021 Year-End Review of Construction Case Law
December 6th, 2021 | 30 mins 55 secs
defense attorneys, lois law firm, new jersey, new york, workers' compensation
In this episode, “Year-End Review of Construction Case Law,” Tashia Rasul, partner at Lois Law Firm, looks back at the important case law decisions of 2021 which will have an impact on how we defend claims in the future!
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Episode 217: Evaluating Exposure in New Jersey
November 22nd, 2021 | 21 mins 17 secs
defense attorneys, lois law firm, new jersey, new york, workers' compensation
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Episode 216: Evaluating Cases for Permanency Exposure
November 15th, 2021 | 30 mins 59 secs
defense attorneys, lois law firm, new jersey, new york, workers' compensation
Greg Lois leads a discussion and answers questions on evaluating claims for permanency exposure in New York. We will focus on the recent case law and practical advice on how to minimize the employer’s exposure in Loss of Wage Earning Capacity awards.
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Episode 215: Suing Public Entities in New York and New Jersey
November 8th, 2021 | 19 mins 19 secs
defense attorneys, lois law firm, new jersey, new york, workers' compensation
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Episode 214: Evaluating Exposure in Catastrophic Construction Losses
November 1st, 2021 | 38 mins 36 secs
defense attorneys, lois law firm, new jersey, new york, workers' compensation
In this episode, “Evaluating Exposure in Catastrophic Construction Losses,” Tashia Rasul, partner at Lois Law Firm, explains how an experienced defense litigator evaluates catastrophic construction accident claims to provide accurate estimates of exposure throughout the lifecycle of the litigated case.
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Episode 213: Understand New Jersey's New "Preference Law"
October 25th, 2021 | 28 mins 38 secs
defense attorneys, lois law firm, new jersey, new york, workers' compensation
On September 30, 2021, Governor Phil Murphy signed into law Assembly Bill A2617, which provides as follows:
Following a work-related injury, an employer shall provide a hiring preference to an employee who has reached maximum medical improvement (MMI) and is unable to return to the position at which the employee was previously employed for any existing, unfilled position offered by the employer for which the employee can perform the essential functions of the position.
In this episode, Greg Lois discusses the impact of this new law on New Jersey employers.
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Episode 212: Navigating Section 32 Settlements in New York
October 18th, 2021 | 24 mins 20 secs
defense attorneys, lois law firm, new jersey, new york, workers' compensation
Greg Lois and Christian Sison discuss the guidance from the Board regarding general releases in Section 32 settlements in New York Workers’ Compensation claims.
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Episode 211: Starting Early – Investigating and Preserving Subrogation Opportunities
October 12th, 2021 | 18 mins 24 secs
defense attorneys, lois law firm, new jersey, new york, workers' compensation
Christopher Major of the Lois Law Firm, leads a presentation and discussion on the early identification and protection of risk transfer opportunities in workers’ compensation claims.