Defending Employers

Episode 228: New York Workers’ Compensation Highlights for the Construction Claims Professionals

March 7th, 2022  |  42 mins 40 secs

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

Led by Tashia Rasul, partner at Lois Law Firm, the Construction Litigation Webinar Series is a monthly discussion of recent case law developments and best practices for handling construction accident claims in New York.

Episode 227: Appeals and Reopeners in New Jersey Workers’ Compensation

February 28th, 2022  |  23 mins 37 secs

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

Attorney Greg Lois leads a discussion on appeals (very quickly) and reopeners (most of the presentation). This presentation focuses on the practical approach to bringing reopener cases to closure (or avoiding them altogether!)

Episode 226: You've Got Your Judgment. Now What? Appeals and Post-Trial Practice in New York

February 24th, 2022  |  18 mins 44 secs

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

In this episode, attorney Christian Sison discusses the strategy behind post-trial practice in New York workers' compensation cases.

Episode 225: Defending HIMP-1 Claims in New York

February 14th, 2022  |  26 mins 11 secs

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

In this live episode, “Defending HIMP-1 Claims in New York,” we lead a presentation and discussion on the important cases and rule changes in these jurisdictions. Join us for this live discussion and Q & A.

Episode 224: Overview of New York Construction Claim Litigation

February 7th, 2022  |  22 mins 4 secs

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

Tashia Rasul, Partner at Lois Law Firm and Construction Defense Team Leader, discusses the patchwork of numerous sources of law which form the basis for construction accident claims in New York. Examining these topics from the perspective of the builder or owner of a construction project, Tashia will provide an overview of the relevant New York common laws and statutory Labor Laws that impose duties and obligations on builders and owners and govern the civil claims that plaintiffs file.

Episode 223: New Jersey Workers' Compensation Law Year-in-Review & Predictions for 2022!

January 24th, 2022  |  18 mins 52 secs

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

In this episode, Greg Lois presents his Annual "Year-In-Review" Presentation with a look ahead to what's expected to change in 2022.

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/

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

Episode 220: Goals of Multijurisdictional Coordination

January 3rd, 2022  |  17 mins 37 secs

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

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.