About the show
Our Monthly Workers' Compensation webinar series: The audio feed from Lois Law Firm's popular webinar training series is hosted here. 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. The audio feed from these special presentations is available exclusively here.
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.
Defending Employers: Audio From Lois Law Firm Workers' Compensation Defense Attorneys on social media
Episodes
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Episode 73: Is the Petitioner an Employee? The Defense of Non-Employment in New Jersey
April 23rd, 2018 | 21 mins 42 secs
defenses, lois llc, new jersey, workers' compensation
Attorneys Karen Vincent and Chris Diaz of the Lois Law Firm present a webinar on the defense of "lack of employment" in New Jersey workers' compensation claims.
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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.
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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.
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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?”
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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.
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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.
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Episode 67: New Jersey Section 20 and Secondary Payer Barriers
January 23rd, 2018 | 34 mins 34 secs
dismissal, medicare, n.j.s.a. 34:15-20, 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.
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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.
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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.
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Episode 64: Maximizing Recovery via Reimbursement and Subrogation Under New Jersey Section 40
December 27th, 2017 | 29 mins 43 secs
n.j.s.a. 34:15-40, new jersey, pino v. polanco, reimbursement, subrogation, vitale v. schering plough, 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."
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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."
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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.