Defending Employers

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.

Episode 60: IMEs and Second Opinion Evaluations in New Jersey, with Dr. Jennifer Yanow

October 24th, 2017  |  40 mins 31 secs

cprs, imes, lois llc, new jersey, opiates, pain management, rsd, second opinions, workers' compensation

This is audio from a live presentation from Dr. Jennifer Yanow and Greg Lois. Dr. Yanow is a double Board-certified in Pain Medicine and Physical Medicine and Rehabilitation. The discussion focuses on the use of IMEs and second opinion consultation in both acute cases and non-acute long term chronic pain claims. Dr. Yanow's expertise in treating RSD and CPRS claims as well as her approach to opiate medications is explored.

Episode 59: Independent Medical Evaluations in New York Workers' Compensation Cases - the Defense Perspective

October 16th, 2017  |  28 mins 57 secs

Attorney Greg Lois discusses the law and proposed guidelines for conducting Independent Medical Evaluations in New York workers' compensation claims.

Episode 58: New Draft Guidelines for Determining Schedule Loss of Use in New York

October 3rd, 2017  |  30 mins 38 secs

draft guidelines, lois llc, new york workers' compensation, schedule loss of use, slu, wcb

Attorneys Greg Lois and Christian Sison on the interpretation and application of the draft guidelines for determining Scheduled Loss of Use awards in New York. The draft guidelines were issued on September 1, 2017. The presenters answer questions from a live audience.

Episode 57: Practical Defense of Occupational Exposure Claims in New Jersey

September 26th, 2017  |  22 mins 3 secs

This is audio from a live presentation from attorneys Joseph Jones and Michael Gervolino and answers the following questions: “How do I defend a claim alleging occupational exposures led to a permanent disability in New Jersey?” Two expert attorneys from LOIS discuss the defense of environmental inhalation injuries, practical aspects of preparing an exposure claim for trial, and repetitive use injury defense.