Defending Employers - Episodes Tagged with “Workers' Compensation”

Episode 268: Defending Medical Provider Claims In New Jersey

Lois Law Firm — Tue, 27 Dec 2022 13:30:00 -0500

In this episode, "[Defending Medical Provider Claims In New Jersey](Defending Medical Provider Claims In New Jersey)," Greg Lois will discuss the latest development in Medical Provider Application for Payment Claims in New Jersey workers’ compensation court.

Greg will discuss the following:

Jurisdiction for these cases under New Jersey’s Workers’ Compensation Act, Section 15.
Recent case law decisions affecting exposure.
Practical tips for pricing and resolving these medical provider reimbursement claims.

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Handout materials are provided in advance of each session. The webinar courses follow the "life cycle" of a claim and correspond to chapters in the Workers' Compensation Handbooks offered by the Firm.

Disclaimer

This webinar is not legal advice! The materials presented by this webinar/podcast and any affiliated website are for informational purposes only and are not offered as legal advice as to any particular matter. No viewer/listener/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 video/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, the presenter in the video/podcast, 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.

Episode 267: The Importance of Risk Transfer in New York Workers’ Compensation

Lois Law Firm — Mon, 19 Dec 2022 15:45:00 -0500

In this episode, "The Importance of Risk Transfer in New York Workers’ Compensation," Greg Lois leads a discussion on reimbursement from the proceeds of third party claims as well as the carrier/employer’s right to subrogate.

Greg discusses the following:

What rights the carrier or employer has to the proceeds of a third-party settlement pursuant to Section 29.
Overview of how reimbursement is calculated.
What types of cases are “red flags” for reimbursement or risk transfer.
Answers to common risk transfer questions.

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Episode 266: Out-of-State Accidents: Choice of Law, Federal Cases, and Harmonizing Subrogation Statutes

Lois Law Firm — Mon, 12 Dec 2022 15:45:00 -0500

Many employees travel for their job. What happens when you pay benefits in the claimant’s home State, but the third-party action is in the defendant’s home State? What statute applies? How can you ensure you are still getting your maximum recovery? In this episode, "Out-of-State Accidents: Choice of Law, Federal Cases, and Harmonizing Subrogation Statutes," we discuss how to navigate multijurisdictional claims, how to monitor or intervene in a federal case, and how to blend statutes to ensure you receive your maximum reimbursement.

We discusses the following:

The choice of law doctrine in New York and New Jersey.
When to expect a federal action and how to find it on PACER.
The availability of remedies such as loss transfer for out-of-State accidents or foreign workers’ compensation claims.
How to use basic rights of contract to “pick and choose” the most favorable reimbursement scheme.

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Episode 265: Calculating Exposure in Dual Jurisdiction Claims

Lois Law Firm — Mon, 05 Dec 2022 13:30:00 -0500

In this episode, “Calculating Exposure in Dual Jurisdiction Claims,” 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.

Tashia discusses the following:

Workers’ Compensation exposures, including medical, indemnity, and permanency exposure.
Exposure in the civil litigation.
How and When exposure estimates should be provided by counsel to risk professionals and stakeholders.

How to attend these webinars live and ask questions

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Episode 264: Evaluating Exposure in New Jersey

Lois Law Firm — Mon, 28 Nov 2022 14:00:00 -0500

In this episode, “Evaluating Exposure in New Jersey,” Greg Lois provides an overview and answers questions about how attorneys value exposure in New Jersey cases.

Greg discusses the following:

WHEN should we know exposure?
HOW is exposure estimated?

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Episode 263: Evaluating Cases for Permanency Exposure

Lois Law Firm — Mon, 21 Nov 2022 15:30:00 -0500

In this episode, “Evaluating Cases for Permanency Exposure,” 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.

Greg discusses the following:

Definition of “Loss of Wage Earning Capacity,” including what classes of injuries may qualify for this type of award.
Overview of how awards are calculated.
The use of IMEs and Disability Duration Guidelines to challenge impairment ratings in LWEC awards.
Answers to common Loss of Wage Earning Capacity questions.

How to attend these webinars live and ask questions

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Episode 262: Crunching the Numbers: Reimbursement and Future Credit Calculations and the Impact on Settlements in NY/NJ

Lois Law Firm — Mon, 14 Nov 2022 16:00:00 -0500

Both New York and New Jersey require that the carrier pay its equitable share of litigation costs in a third-party settlement. What is considered a “cost of litigation” in both States? What is the actual calculation for your maximum reimbursement and future offset rights? In this episode, "Crunching the Numbers: Reimbursement and Future Credit Calculations and the Impact on Settlements in NY/NJ," we discuss the priority of your lien when the third-party action settles, the calculations required in New York and New Jersey, and when/whether to compromise any portion of your lien.

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Episode 261: Expert Witness

Lois Law Firm — Mon, 24 Oct 2022 14:00:00 -0400

In this episode, “Expert Witness," Attorney Greg Lois leads a presentation and discussion on practical aspects and legal procedure for obtaining an expert opinion in a New Jersey workers' compensation claim.

Greg discusses the following:

Experts in General
What I Look for in an Expert
How to Maximize the Exam
Defenses and Practical Advice
Live Q & A on topic

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Episode 260: Navigating Section 32 Settlements in New York

Lois Law Firm — Mon, 17 Oct 2022 16:00:00 -0400

In this episode, "Navigating Section 32 Settlements in New York," Greg Lois discusses the guidance from the Board regarding general releases in Section 32 settlements in New York Workers’ Compensation claims.

Greg discusses the following:

What the Workers’ Compensation Law says about general releases and waivers of claims outside Workers’ Compensation;
Whether General Releases are now disallowed;
The impact of the new Board guidance on the releases you have already obtained;
What defense counsel and risk professionals will need to do now to protect their clients.

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Episode 259: Can I Assert a Lien? Recoveries Subject to the Carrier’s Rights and How to Navigate Third-Party Settlement Allocations

Lois Law Firm — Tue, 11 Oct 2022 16:00:00 -0400

The employer/carrier has statutory subrogation and reimbursement rights in both New York and New Jersey, but when and how do those rights apply? Can you assert a lien on any type of recovery? What gamesmanship might a third-party attorney attempt to avoid paying back your lien? In this episode, "Can I Assert a Lien? Recoveries Subject to the Carrier’s Rights and How to Navigate Third-Party Settlement Allocations," we straighten out exactly when you are entitled to reimbursement, and what to do about manipulative settlement allocations by third-party counsel.

We will discuss the following:

Recoveries subject to a lien in New York and New Jersey, including third-party settlements, SUM benefits, malpractice actions, etc.
The law as it applies to third-party settlement allocations such as pain and suffering or per quod claims.
When/how to intervene in a third-party claim to avoid any adverse impact to your lien or reimbursement rights.

How to attend these webinars live and ask questions

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Episode 258: "Extra-Comp" Exposure: How to Combat No-Fault and HIMP Claims in New York

Lois Law Firm — Wed, 05 Oct 2022 16:00:00 -0400

Keeping the exposure down during a workers’ compensation claim is difficult enough. With the deck perpetually stacked against the carrier in New York, enforcing limits on indemnity and medical benefits can be a daunting task. What happens, however, when claims that impact your workers’ compensation reserves arise outside of the Workers’ Compensation Board? Increasingly, we are seeing no-fault insurance carriers and medical providers commencing civil actions against the workers’ compensation carrier for reimbursement of alleged no-fault benefits. We are also seeing our clients receive hundreds, if not thousands, of HIMP-1 demands from the claimant health insurers each year. Some of these demands can be for tens of thousands of dollars! In this LIVE “Public Service Announcement” webinar, we break down how you can see these claims coming, and how to fight back when you get one!

How to attend these webinars live and ask questions

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Episode 257: Coverage Disputes in Construction Litigation

Lois Law Firm — Mon, 03 Oct 2022 13:00:00 -0400

In this episode, “Coverage Disputes in Construction Litigation,” Tashia Rasul, partner at Lois Law Firm, leads a discussion and answers questions about litigating policy disputes in construction accident cases.

Tashia discusses the following:

Who is covered in a Wrap-Up policy? What is an “enrolled” contractor and why does it matter?
What is covered in a wrap-up policy? Why is project definition and “phasing” important?
An overview of common issues that arise from a construction policy dispute.

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Episode 256: Fraud in New Jersey Workers’ Compensation

Lois Law Firm — Mon, 26 Sep 2022 13:00:00 -0400

In this episode, “Fraud in New Jersey Workers’ Compensation," Attorney Greg Lois leads a presentation and discussion on the impact of claim fraud on workers' compensation in New Jersey.

Greg discusses the following:

How does the New Jersey Workers’ Compensation Act define fraud?
What are the penalties for the party committing fraud?
Case examples, tactical impacts and best practices

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Episode 255: IMEs vs Record Reviews in New York

Lois Law Firm — Mon, 19 Sep 2022 15:00:00 -0400

In this episode, "IMEs vs Record Reviews in New York," Greg Lois leads a discussion and answers questions on the best use of independent medical evaluations in New York.

Greg discusses the following:

When to get an IME in the case lifecycle
When a records review may be preferable
Best Practices for getting great IMEs
How to prepare the IME physician to provide them with the tools they need to provide a useful report
How to defend your evaluator at trial
Live Q & A on topic

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Episode 254: The Pitfalls for a Carrier Seeking Reimbursement from NY State or Municipal Entities

Lois Law Firm — Mon, 12 Sep 2022 16:30:00 -0400

Section 40 in NJ does not permit subrogation/reimbursement rights from public entity “Title 59” claims, but New York’s Section 29 does! Beware of the heightened proofs, differing procedure, abbreviated statutes of limitations, and specific requirements under the General Municipal Law and the Court of Claims Act. In this episode, we dive into the pitfalls for a carrier seeking reimbursement from NY State or municipal entities.

We will discuss the following:

The statutory and legal grounds for subrogation against public entities in New York.
The requirements of the General Municipal Law and Court of Claims Act.
How to navigate complex issues, like the No-Fault Law and intercompany loss transfer in public entity claims.
How to avoid having your rights prejudiced by a negligent claimant or third-party attorney.

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Episode 253: Global Settlements in Multijurisdictional Construction Claims

Lois Law Firm — Tue, 06 Sep 2022 14:00:00 -0400

In this episode, “Global Settlements in Multijurisdictional Construction Claims,” Tashia Rasul, partner at Lois Law Firm, explores the advantages of resolving the general liability and workers’ compensation cases at the same time. Further, defense counsel representing general litigation defendant and workers’ compensation claim should be brought together at the time the arbitration, mediation, or other settlement opportunity arises.

Tashia discusses the following:

Settling Workers’ Compensation and General Liability Claims at the same time
How Global Settlements Reduce Exposure
Practical examples
Live Q & A on topic

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Episode 252: Defending Motions for Medical and Temporary Disability Benefits in New Jersey

Lois Law Firm — Mon, 22 Aug 2022 14:00:00 -0400

How to aggressively defend Motions for Medical and Temporary Disability Benefits in New Jersey to reduce medical costs and legal fees payable to Petitioner’s counsel. In this episode, “Defending Motions for Medical and Temporary Disability Benefits in New Jersey,” Greg Lois discusses best practices for defending Motions for Medical and Temporary Disability Benefits and provides answers to common questions.

Greg discusses the following:

An overview of what types of medical care are required under the New Jersey Workers’ Compensation Act;
How to reduce costs of care by directing treatment and using networks;
What happens when a Petitioner is successful on a Motion for Med & temp and how attorneys’ fees are calculated;
Strategies to control exposure for Petitioner’s attorneys’ fee costs in Motions for Med & Temp;
An overview of the parts of a basic motion for Med & Temp and what the Petitioner is required to prove in order to be successful;
The courtroom procedure and timing for defending these Motions;
The differenced between and “Emergent” and “Standard” Motion for Med & Temp;
Best practices for Risk Professionals and Attorneys defending these claims.
Live Q & A on topic.

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Episode 251: 2022 Medical Treatment Update: New York Workers' Compensation

Lois Law Firm — Mon, 15 Aug 2022 15:00:00 -0400

In this episode, “2022 Medical Treatment Update: New York Workers’ Compensation,” Greg Lois provides an overview and answers questions about rule changes and implementation of new Guidelines which impact the way medical treatment is delivered and paid for in New York Workers’ Compensation claims.

Greg discusses the following:

When the new Medical Treatment Guidelines will be implemented;
How the new “Onboard Limited Release” computer system being rolled out by the Workers’ Compensation Board will impact carriers and employers;
Defending out-of-state medical claims;
Drug formulary implementation update;
Medicinal marijuana FAQs;
Answers questions live.

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Episode 250: Keep it Under One Roof: Harmonizing Defense and Subrogation Efforts Across the Workers’ Compensation Claim

Lois Law Firm — Mon, 08 Aug 2022 16:00:00 -0400

Too often, defense of a workers’ compensation claim and recovery on the subrogation side are managed separately. You can posture both claims for success, however, by coordinating efforts. In this episode, “Keep it Under One Roof: Harmonizing Defense and Subrogation Efforts Across the Workers’ Compensation Claim,” we dive into the issues of investigation, damages, discovery, trial strategy, and “global” settlements.

We discusses the following:

How to identify third-party action potential when you onboard a new claim
The benefit of constant communication between the handling claims professional and recovery specialist
Keeping an eye out for potential exposure beyond just workers’ compensation, such as intentional wrong claims, the “Scaffold Law,” HIMP-1 reimbursement requests, etc.
How to push for a “global” settlement of all claims simultaneously, with examples

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Episode 249: Coordinating Multijurisdictional Construction Litigation Using Milestones

Lois Law Firm — Mon, 01 Aug 2022 14:00:00 -0400

In this episode, “Coordinating Multijurisdictional Construction Litigation Using Milestones,” Tashia Rasul, partner at Lois Law Firm, leads a discussion and answers questions about using litigation milestones to coordinate counsel representing construction entities in actions pending in civil court and workers’ compensation court at the same time.

Tashia discusses the following:

Coordinating litigation proceeding in both workers’ compensation court AND a civil court;
Milestones in a typical workers’ compensation proceeding in New York;
Milestones in a construction general liability action in New York.
Best Practices for reaching global settlements, including advice on mediation strategy.

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Episode 248: How NOT to Defend a Wage Reconstruction Case in New Jersey

Lois Law Firm — Mon, 25 Jul 2022 13:30:00 -0400

In this episode, “How NOT to Defend a Wage Reconstruction Case in New Jersey,” Greg Lois discusses wage reconstruction in New Jersey workers’ compensation cases.

Greg discusses the following:

What is Wage Reconstruction?
When wage reconstruction is appropriate;
When you should challenge wage reconstruction;
Live Q & A on topic.

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Episode 247: Temporary Disability and Labor Market Attachment in New York

Lois Law Firm — Mon, 18 Jul 2022 15:00:00 -0400

In this episode, “Temporary Disability and Labor Market Attachment in New York,” Christian Sison provides an overview and answers questions about defenses to temporary disability and provides an update on Labor Market Attachment as a defense in New York Workers’ Compensation claims.

Christian discusses the following:

Waiting Period and Payor Compliance;
AWW and Maximum Rate;
When you can stop paying Temp;
Labor Market Attachment

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

Lois Law Firm — Tue, 12 Jul 2022 16:00:00 -0400

We just had a major win for a client that demonstrates how a creative application of workers’ compensation law saved a New York staffing firm from a major civil verdict in a case where the lent employee harmed the employee of the general employer, causing significant injuries and leading to a civil action.

In a stunning civil case where a jury verdict of millions of dollars was likely, Lois Law Firm won a complete dismissal via summary judgment. We obtained this result even after prior defense counsel had recommended settlement and failed to raise workers’ compensation exclusivity as an affirmative defense.

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

Lois Law Firm — Mon, 11 Jul 2022 15:00:00 -0400

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? In this episode, "Employee Won’t Sue? How to Subrogate and Prove Third-Party Causes of Action," we boil down the complex issue of subrogation into the basics!

We discuss the following:

Instances where a claimant/petitioner might not file a third-party action
The legal requirements under Section 29(2) and Section 40(f)
What to do before and after filing the subrogation complaint
How to drive toward immediate settlement to minimize costs

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Episode 244: Legal Issues in Coordinating Multijurisdictional Construction Cases

Lois Law Firm — Tue, 05 Jul 2022 15:00:00 -0400

In this episode, "Legal Issues in Coordinating Multijurisdictional Construction Cases," Tashia Rasul, partner at Lois Law Firm, leads a discussion and answers questions about coordinating counsel across multiple jurisdictions in construction accident cases.

Tashia discusses the following:

Privileges, disclosures, and collateral estoppel;
Protected and unprotected documents; and
Investigation Reports.

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Episode 243: Off Premises Injuries in New Jersey

Lois Law Firm — Mon, 27 Jun 2022 13:00:00 -0400

In this episode, “Off Premises Injuries in New Jersey,” Greg Lois leads a presentation on practical and legal aspects of defending off-premises injuries in New Jersey workers’ compensation cases.

Greg discusses the following:

Arising out of Defense
Commutes and When They Begin
Paid Travel and Employer Transportation
Parking Lots and Common Areas
Overview of Defense of Off-Premises Injuries, with a Focus on Work-From-Home Loses

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Episode 242: The Going and Coming Defense in New York

Lois Law Firm — Mon, 20 Jun 2022 16:00:00 -0400

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

Greg discusses the following:

How New York’s history and development impacts the application of the going-and-coming rule.
Recent case law developments on off-premises injuries.
Tactical and strategic considerations in defending going-and-coming accident cases in New York.

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

Lois Law Firm — Mon, 13 Jun 2022 16:00:00 -0400

Section 29(5) has an explicit written consent requirement. In this episode, we go 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!

We discuss the following:

What Section 29(5) requires legally
The difference between a written consent agreement, a compromise order, and a nunc pro tunc motion (i.e., “cramdown motions”)
Using Matter of Stenson and Williams v. Lloyd Gunther Elevator Service to make an air-tight consent.
Navigate Kelly, Burns, and Bissell in one comprehensive written agreement.

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Episode 240: Construction Claims: Responding to the Loss

Lois Law Firm — Mon, 06 Jun 2022 13:00:00 -0400

Tashia Rasul, partner at Lois Law Firm, will lead a discussion and answers questions about how the immediate post-accident onsite investigation is key to defense of the workers’ compensation and general liability claim. Where there is injury involving fall from height, an immediate investigation MUST be conducted to preserve evidence and document witness statements.

Tashia will discusses the following:

Determining what construction site injuries require an immediate onsite investigation.
How an onsite investigation should be conducted.
Benefits of a cloaked or attorney-driven investigation.

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Episode 239: Stopping Reopeners

Lois Law Firm — Mon, 23 May 2022 13:00:00 -0400

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

Greg discusses the following:

What is a Reopener?
Strategies to Avoid Reopeners
Practical Advice and Takeaways

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Episode 238: Defending Construction Claims

Lois Law Firm — Mon, 16 May 2022 15:00:00 -0400

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

Greg discusses the following:

How New York’s Labor Law impacts workers’ compensation claims.
Pactical and strategic considerations in defending construction accident cases in New York.
How to defend dual jurisdiction catastrophic construction accident cases.

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

Lois Law Firm — Mon, 09 May 2022 16:00:00 -0400

We address 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. We will examine in detail what the statutes require, what the law dictates, and how you can maximize the application of your future credit/offset rights in your claims.

We discuss the following:

What Section 40 and Section 29 say about future offset rights following a third-party settlement.
How these statutory rights have been applied by the courts.
When and how to start taking and tracking your credit/offset.
Pro tips for practitioners, subrogation specialists, and claims professionals.

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Episode 236: Construction Claims: Preparing for the Loss

Lois Law Firm — Mon, 02 May 2022 13:15:00 -0400

In this episode, "Construction Claims: Preparing for the Loss," Tashia Rasul leads a discussion and answers questions about assembling a team of risk professionals to collaborate when a new construction project is contemplated. This team, assembled before any construction losses occur, can include the project owner, safety organization, investigators, on-site medical staff , insurance broker, third-party administrator, and any contractors present.

Tashia discusses the following:

Assembling a team of risk professionals who will "swing into action" once a catastrophic loss occurs.
Who should be on the team.
Getting the team together, running a drill.

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Episode 235: Jurisdictional Defense: Definition of Employee

Lois Law Firm — Mon, 25 Apr 2022 13:00:00 -0400

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

Greg discusses the following:

Recent case law developments defining “Who is an Employee” under New Jersey’s Workers’ Compensation Law.
When and how to raise the non-employment defense.
Practical aspects of defending non-employment claims, including a discussion of the proofs needed at trial.

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Episode 234: Case Law Update on Employee Status, New York Workers’ Compensation

Lois Law Firm — Tue, 19 Apr 2022 09:30:00 -0400

Greg Lois leads a discussion on recent case law decisions touching on employee status in regards to workers’ compensation claims in New York.

Greg Discusses

Recent case law decisions on employee status that answer the question, “Is the Claimant My Employee?”
Tactical and strategic considerations in challenging employment
Consistent issues regarding employment status, including independent contractor status, in New York workers’ compensation cases.

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Episode 233: A Deeper Look at Liens, Subrogation, and Offset Rights Under Section 40 in New Jersey

Lois Law Firm — Mon, 11 Apr 2022 16:00:00 -0400

We lead a conversation about the practical approaches to recovery under New Jersey’s Section 40.

We discuss the following:

What are the rights of the workers’ compensation carrier under Section 40 to the proceeds of a third-party lawsuit?
In New Jersey, what happens when the parties to the civil action do not obtain consent to settlement.
How recent case decisions will impact the practice in 2022.

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Episode 232: Wrap-Ups: Risk Reduction Schemes that Complicate Case Handling

Lois Law Firm — Mon, 04 Apr 2022 13:00:00 -0400

In this episode, “Risk Transfer Schemes that Complicate Case Handling," Tashia Rasul, partner at Lois Law Firm, will discuss the various ways that construction project risk transfer plans can result in convoluted case handling. Tashia will explain the nuances of "wrap up" insurance plans and how the subrogation and reimbursement rights of the parties can be affected.

Tashia Discusses the Importance of Understanding Wrap-up Policies: OCIPS & CCIPs

Anatomy
Benefits
Coverage Issues
Unique Defenses & Issues
Administration
Important Documents

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Episode 231: The Second Injury Fund

Lois Law Firm — Mon, 28 Mar 2022 13:00:00 -0400

In this episode, "The Second Injury Fund in New Jersey," Greg Lois explains how the Second Injury Fund in New Jersey works and how obtaining contribution from the Fund reduces exposure in total disability cases.

Topics Greg discusses:

What is the Second Injury Fund
How the Second Injury Fund Impacts Exposure
Examples, Examples, Examples!
Practical Advice and Takeaways

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Episode 230: Fraud Update: New York Workers' Compensation

Lois Law Firm — Mon, 21 Mar 2022 16:00:00 -0400

In this episode, "Fraud Update: New York Workers’ Compensation," Greg Lois leads a presentation and discussion on the impact of claim fraud on workers’ compensation in New York.

Greg discusses the following:

Recent case law decisions on fraud
Tactical and strategic considerations in raising fraud
Red flags for fraud in New York workers’ compensation cases

This audio is from a live webinar provided to clients on March 21, 2022.

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Episode 229: Workers' Compensation Exclusivity in NY/NJ - Exceptions and Recovery Rights

Lois Law Firm — Mon, 14 Mar 2022 16:00:00 -0400

We discuss the following:

What is Workers' Compensation Exclusivity?
New York Workers' Compenstaion Law Section 11
Exceptions written into Section 11
The "Laidlow Claim"
What about Section 29/Section 40?

This audio is from a live webinar provided to clients on March 14, 2022.

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

Lois Law Firm — Mon, 07 Mar 2022 15:00:00 -0500

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.

Some of the topics that Tashia discusses:

Timeline of a workers' compensation claim
How a workers' compensation claim impacts a general liability claim
Workers' compensation milestones

This audio is from a live webinar provided to clients on March 7, 2022.

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

Lois Law Firm — Mon, 28 Feb 2022 15:00:00 -0500

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!)

Greg discusses the following:

When to appeal decisions of New Jersey Workers’ Compensation trial courts.
Strategic and tactical impact of appeal on New Jersey workers’ compensation claims.
Overview of Application for Review or Modification of Formal Award claims (“ReOpeners”).
Practical ways to bring reopener claims to closure.

This audio is from a live webinar provided to clients on February 28, 2022.

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

Lois Law Firm — Thu, 24 Feb 2022 08:00:00 -0500

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

This audio is from a live webinar provided to clients on February 22, 2022.

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Episode 225: Defending HIMP-1 Claims in New York

Lois Law Firm — Mon, 14 Feb 2022 15:00:00 -0500

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.

We discuss the following:

What is a Health Insurance Matching Program claim?
How the HIMP-1 can be defended.
Common defenses raised for HIMP-1 claims.
What type of results to expect from a HIMP-1 defense.

This audio is from a live webinar provided to clients on February 14, 2022.

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Episode 224: Overview of New York Construction Claim Litigation

Lois Law Firm — Mon, 07 Feb 2022 15:00:00 -0500

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.

Some of the topics that Tashia discusses:

Common and statutory law for owners and contractors.
The Impact of New York’s Labor Law Sections 200, 240, & 241.
Recent case law affecting how these statutes are interpreted.

This audio is from a live webinar provided to clients on February 7, 2022.

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

Lois Law Firm — Mon, 24 Jan 2022 16:00:00 -0500

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

This year's "Year-in-Review" topics

COVID-19 Presumption and impact of January 10, 2022 Executive order;
New Jersey's new "Preference Law" for permanently partially disabled employees;
Going & Coming Statue change (and case law that prompted the statutory change); and
What happened with "Limited" In-Person hearings.

Predictions for 2022

Prediction # 1: Speculation on Courts Reopening to In-person hearings?
Prediction # 2: What's going to happen with Medical Provider Claims?
Prediction # 3: Impact of CMS Reference Guide Changes on Set-Aside Allocations.
Bonus: Impact of our new "Client-based" assignment model.

This audio is from a live webinar provided to clients on January 24, 2022.

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Episode 222: Impact of Center for Medicare & Medicaid Service's New Set-Aside Submission Reference Guide on Workers' Compensation Settlements

Lois Law Firm — Thu, 20 Jan 2022 07:00:00 -0500

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 audio is from a live webinar provided to clients on January 19, 2022.

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Episode 221: Maximizing Recovery in New York MVA Cases: The $50K Threshold and Intercompany Loss Transfer

Lois Law Firm — Mon, 10 Jan 2022 16:00:00 -0500

In this episode, “Maximizing Recovery in New York MVA Cases: The $50K Threshold and Intercompany Loss Transfer,” we provide an overview of recover options for carriers in these types of cases.

We discuss the following:

What is New York's "No-Fault Law"?
Overlap with Workers' Compensation Claims
Exceptions to the $50K Carve-Out
How to Recover the $50,000: Intercompany Loss Transfer
What you need for Loss Transfer
Maximizing your reimbursement

This audio is from a live webinar provided to clients on January 10, 2022.

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Episode 220: Goals of Multijurisdictional Coordination

Lois Law Firm — Mon, 03 Jan 2022 15:00:00 -0500

Some of the topics that Tashia discusses:

Tactics That Benefit Employer
Reduction of Litigation Costs
Avoiding Collateral Estoppel
Reaching Gloabl Settlements

This audio is from a live webinar provided to clients on January 3, 2022.

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Episode 219: The Importance of Risk Transfer in New York Workers' Compensation

Lois Law Firm — Mon, 20 Dec 2021 15:00:00 -0500

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.

Greg discusses the following:

What rights the carrier or employer has to the proceeds of a third-party settlement pursuant to Section 29.
Overview of how reimbursement is calculated.
What types of cases are "red flags" for reimbursement or risk transfer.
Answers to common risk transfer questions.

This audio is from a live webinar provided to clients on December 20, 2021.

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Episode 218: 2021 Year-End Review of Construction Case Law

Lois Law Firm — Mon, 06 Dec 2021 15:00:00 -0500

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!

Tashia discusses the following:

Most important Workers' Compensation construction accident trial and appellate decisions.
New case law impacting civil litigation.
A look ahead at how these case decisions will impact the practice in 2022.

This audio is from a live webinar provided to clients on December 6, 2021.

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Episode 217: Evaluating Exposure in New Jersey

Lois Law Firm — Mon, 22 Nov 2021 16:00:00 -0500

In this episode, Greg Lois provides an overview and answers questions about how attorneys value exposure in New Jersey cases.

Greg discusses the following:

WHEN should we know exposure?
HOW is exposure estimated?

This audio is from a live webinar provided to clients on November 22, 2021.

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Episode 216: Evaluating Cases for Permanency Exposure

Lois Law Firm — Mon, 15 Nov 2021 17:00:00 -0500

In this episode, "Evaluating Cases for Permanency Exposure," 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.

Greg discusses the following:

Definition of “Loss of Wage Earning Capacity,” including what classes of injuries may qualify for this type of award.
Overview of how awards are calculated.
The use of IMEs and Disability Duration Guidelines to challenge impairment ratings in LWEC awards.
Answers to common Loss of Wage Earning Capacity questions.

This audio is from a live webinar provided to clients on November 15, 2021.

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Episode 215: Suing Public Entities in New York and New Jersey

Lois Law Firm — Mon, 08 Nov 2021 16:00:00 -0500

In this episode, “Suing Public Entities in New York and New Jersey,” Christopher Major leads a presentation and discussion on methods and limitations on reimbursement and recovery from civil actions involving public entities.

Major discusses the following:

The value of asserting recovery rights against public entities.
What risk professionals need to know about statutes of limitation and other unique aspects of seeking recovery from public actors.
How recent case decisions will impact the practice in 2021 and beyond.

This audio is from a live webinar provided to clients on Novemer 8, 2021.

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Episode 214: Evaluating Exposure in Catastrophic Construction Losses

Lois Law Firm — Mon, 01 Nov 2021 16:00:00 -0400

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.

Tashia discusses the following:

Workers’ Compensation exposures, including medical, indemnity, and permanency exposure.
Exposure in the civil litigation.
How and When exposure estimates should be provided by counsel to risk professionals and stakeholders.

This audio is from a live webinar provided to clients on November 1, 2021.

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Episode 213: Understand New Jersey's New "Preference Law"

Lois Law Firm — Mon, 25 Oct 2021 13:00:00 -0400

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.

This audio is from a live webinar provided to clients on October 25, 2021.

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Episode 212: Navigating Section 32 Settlements in New York

Lois Law Firm — Mon, 18 Oct 2021 15:00:00 -0400

In this episode, Greg Lois and Christian Sison discuss the guidance from the Board regarding general releases in Section 32 settlements in New York Workers’ Compensation claims.

In this episode, Greg & Christian talk about:

What the Workers’ Compensation Law says about general releases and waivers of claims outside Workers’ Compensation;
Whether General Releases are now disallowed;
The impact of the new Board guidance on the releases you have already obtained;
What defense counsel and risk professionals will need to do now to protect their clients.

This audio is from a live webinar provided to clients on October 18, 2021.

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Episode 211: Starting Early – Investigating and Preserving Subrogation Opportunities

Lois Law Firm — Tue, 12 Oct 2021 16:30:00 -0400

In this episode, “Starting Early – Investigating and Preserving Subrogation Opportunities,” Christopher Major leads a presentation and discussion on the early identification and protection of risk transfer opportunities in workers’ compensation claims.

Major discusses the following:

The value of early identification of risk-transfer opportunities.
What risk professionals need to know about limitations on subrogation and when and how to preserve reimbursement rights.
What defense counsel should be doing to protect risk transfer rights.
How recent case decisions will impact the practice in 2021 and beyond.

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Episode 210: Litigating Insurance Coverage Disputes in Construction Cases

Lois Law Firm — Tue, 05 Oct 2021 11:00:00 -0400

In this episode, Tashia Rasul discusses insurance coverage in construction cases. Among the topics discussed are:

Who is covered in a Wrap-Up policy? What is an "enrolled" contractor and why does it matter?
What is covered in a wrap-up policy? Why is project definition and "phasing" important?
An overview of common issues that arise from a construction policy dispute.

This audio is taken from a live presentation recorded Monday, October 4, 2021.

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Episode 209: Expert Witness

Lois Law Firm — Mon, 27 Sep 2021 15:00:00 -0400

Attorney Greg Lois leads a presentation and discussion on practical aspects and legal procedure for obtaining an expert opinion in a New Jersey workers' compensation claim.

Greg discusses the following:

Experts in General
What I Look for in an Expert
How to Maximize the Exam
Defenses and Practical Advice

This audio is from a live webinar provided to clients on September 27, 2021.

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Episode 208: IMEs versus Record Reviews in New York

Lois Law Firm — Mon, 20 Sep 2021 15:45:00 -0400

In this episode, "IMEs versus Record Reviews in New York," Greg Lois leads a discussion and answers questions on the best use of independent medical evaluations in New York.

Greg discusses the following:

When to get an IME in the case lifecycle.
How to choose the best evaluator.
How to prepare the IME physician to provide them with the tools they need to provide a useful report.
How to defend your evaluator at trial.

This audio is from a live webinar provided to clients on September 20, 2021.

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Episode 207: Leveraging a Third-Party Action in a Workers’ Compensation Claim

Lois Law Firm — Mon, 13 Sep 2021 15:00:00 -0400

In this episode, “Leveraging a Third-Party Action in a Workers’ Compensation Claim,” Christopher Major leads a presentation and discussion on how the strategic risk professional will increase their bargaining power in resolving a workers’ compensation action when a claimant has a civil action pending against an actual tortfeasor. We’ll talk about global resolutions, waiver of reimbursement, and the use of discovery in impacting the workers’ compensation claim.

Christopher Major discusses the following:

The value of strategic coordination when resolving workers’ compensation case sin the presence of a third-party action.
What risk professionals can do to maximize leverage and obtain amicable resolutions.
Real life examples of strategic leverage and global settlement.
How recent case decisions will impact the practice in 2021 and beyond.

This audio is from a live webinar provided to clients on September 13, 2021.

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Episode 206: Global Settlements

Lois Law Firm — Tue, 07 Sep 2021 15:00:00 -0400

Tashia discusses the following:

Workers’ Compensation reimbursement and leverage.
General Liability/civil litigation settlement allocation.
Using counsel effectively to negotiate settlements.
Practical examples.

This audio is from a live webinar provided to clients on September 7, 2021.

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Episode 205: Defending Motions for Med & Temp in New Jersey Workers' Compensation Cases

Lois Law Firm — Mon, 23 Aug 2021 10:00:00 -0400

Unless you defend Motions for Medical and Temporary Disability Benefits in New Jersey aggressively and successfully you will be exposed for higher medical costs and significant legal fees payable to Petitioner's counsel. In this episode, Greg Lois discusses best practices for defending Motions for Med & Temp and provide answers to common questions.

Topics discussed

An overview of what types of medical care are required under the New Jersey Workers' Compensation Act;
How to reduce costs of care by directing treatment and using networks;
What happens when a Petitioner is successful on a Motion for Med & temp and how attorneys' fees are calculated;
Strategies to control exposure for Petitioner's attorneys' fee costs in Motions for Med & Temp;
An overview of the parts of a basic motion for Med & Temp and what the Petitioner is required to prove in order to be successful;
The courtroom procedure and timing for defending these Motions;
The differenced between and "Emergent" and "Standard" Motion for Med & Temp;
Best practices for Risk Professionals and Attorneys defending these claims.

This audio is from a live webinar provided to clients on August 23, 2021.

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Episode 204: Medical Treatment in New York Workers' Compensation Cases: 2021 Update

Lois Law Firm — Mon, 16 Aug 2021 10:00:00 -0400

Attorney Greg Lois leads a discussion on how medical treatment is changing in the world of New York workers' compensation. In this episode, Lois discusses the "Onboard Limited Release" program, the new Medical Treatment Guidelines, medicinal marijuana in New York workers' compensation cases, and other timely topics.

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Episode 203: The Carrier's Rights Under Kelly, Burns & Bissell

Lois Law Firm — Mon, 09 Aug 2021 20:00:00 -0400

In this episode, “The Carrier’s Rights Under Kelly, Burns, and Bissell,” Christopher Major explores the carrier’s right to reimbursement and subrogation under Section 29 of the New York workers’ compensation law.

Major discusses the following:

There’s no such thing as 1/3rd, 1/3rd, 1/3rd in New York!
How Kelly apportionment works with examples.
How the Burns decision impacts recovery for Loss of Wage Earning Capacity awards.
Understanding how the share of litigation expense impacts recovery.
What the Matter of Stenson means for lien waiver.
The Bissell decision and speculative medial expenses.

This audio is from a live webinar provided to clients on August 9, 2021.

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Episode 202: Coordinating Multijurisdictional Construction Litigation Using Milestones

Lois Law Firm — Mon, 02 Aug 2021 11:00:00 -0400

In this episode, “Coordinating Multijurisdictional Construction Litigation Using Milestones,” Tashia Rasul leads a discussion and answers questions about using litigation milestones to coordinate counsel representing construction entities in actions pending in civil court and workers’ compensation court at the same time.

Tashia discusses the following:

Coordinating litigation proceeding in both workers’ compensation court AND a civil court;
Milestones in a typical workers’ compensation proceeding in New York;
Milestones in a construction general liability action in New York.
Best Practices for reaching global settlements, including advice on mediation strategy.

This recording is from a live webinar provided to clients on August 2, 2021.

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Episode 201: How NOT TO Defend a Wage Reconstruction Case in New Jersey

Lois Law Firm — Mon, 26 Jul 2021 15:00:00 -0400

In this episode, “How NOT to Defend a Wage Reconstruction Case in New Jersey,” Greg Lois discusses wage reconstruction in New Jersey workers’ compensation cases.

Greg discusses the following:

What is Wage Reconstruction?
When wage reconstruction is appropriate;
When you should challenge wage reconstruction;

This recording is from a live webinar provided to clients on July 26, 2021.

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Episode 200: Defenses to Temporary Disability & Update on Labor Market attachment in New York

Lois Law Firm — Mon, 19 Jul 2021 16:45:00 -0400

In this episode, “Temporary Disability and Labor Market Attachment in New York,” Greg Lois provides an overview and answers questions about defenses to temporary disability and provides an update on Labor Market Attachment as a defense in New York Workers’ Compensation claims.

Greg discusses the following:

Waiting Period and Payor Compliance;
AWW and Maximum Rate;
When you can stop paying Temp;
Labor Market Attachment.

This recording is from a live webinar provided to clients on July 19, 2021.

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Episode 199: "Liening" Over State Lines: Multi-jurisdictional Issues in workers' Compensation Subrogation

Lois Law Firm — Mon, 12 Jul 2021 09:00:00 -0400

What happens when your employee gets injured by a tortfeasor while in another state? Does the employer/carrier have the ability to assert a demand for reimbursement of the worker’s compensation cost against the party residing in another state? How does the employer/carrier maximize its recovery?

Chris Major discusses answers to all of those questions as well as the following:

New York and New Jersey Subrogation generally;
The New York standard for reimbursement rights across state lines in third-party cases;
How to Apply the New York standard for reimbursement across state lines in context with examples;
The New Jersey standard for seeking reimbursement across state lines;
Applications of New Jersey’s law with examples;
Other jurisdictional issues, including prohibitions on reimbursement and subrogation claims.

This audio is from a live webinar provided to clients on July 12, 2021.

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Episode 198: Legal Issues in Coordinating Multijurisdictional Defense

Lois Law Firm — Wed, 07 Jul 2021 09:00:00 -0400

In this episode, “Legal Issues in Coordinating Multijurisdictional Construction Cases,” Tashia Rasul leads a discussion and answers questions about coordinating counsel across multiple jurisdictions in construction accident cases.

Topics include:

Privileges, disclosures, and collateral estoppel;
Protected and unprotected documents; and
Investigation Reports.

This audio is from a live webinar provided to clients on July 6, 2021.

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Episode 197: Off Premises Injuries in New Jersey

Lois Law Firm — Mon, 28 Jun 2021 15:00:00 -0400

In this episode, "Off Premises Injuries in New Jersey," Greg Lois leads a presentation on practical and legal aspects of defending off-premises injuries in New Jersey workers’ compensation cases.

Greg discusses the following:

Two New Decisions Impacting New Jersey Claims
Overview of Defense of Off-Premises Injuries, with a Focus on Work-From-Home Loses

This audio is from a live webinar provided to clients on June 28, 2021.

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Episode 196: The Grey Area Rule

Lois Law Firm — Mon, 21 Jun 2021 15:00:00 -0400

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

Greg discusses the following:

How New York’s history and development impacts the application of the going-and-coming rule.
Recent case law developments on off-premises injuries.
Tactical and strategic considerations in defending going-and-coming accident cases in New York.

This audio is from a live webinar provided to clients on June 21, 2021.

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Episode 195: Workers' Compensation Exclusivity and Coverage Issues

Lois Law Firm — Tue, 15 Jun 2021 09:00:00 -0400

In this episode, “Workers’ Compensation Exclusivity and Coverage Issues,” Christopher Major provides an overview of how the workers’ compensation bar applies to prohibit certain actions against the employer and how “Part B” coverage works.

Major discusses the following:

What is “Part B” workers’ compensation coverage?
What is workers’ compensation exclusivity and when does it apply? To which types of claims?
What are the limits to “Part B” coverage?
The differences between “Part B” Employer’s Liability coverage and EPLI insurance coverage.
How Third Party “Action Over” lawsuits work.”
How Contractual Indemnification works in the Employer Liability context.
An overview of the duty to defend and the duty to indemnify under Employers’ Liability coverage.
How and when to use reservation of rights letters.

This audio is from a live webinar provided to clients on June 14, 2021.

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Episode 194: Responding to the Loss: Construction Defense

Lois Law Firm — Wed, 09 Jun 2021 11:00:00 -0400

In this episode, “Responding to the Catastrophic Workplace Accident,” Tashia Rasul, partner at Lois Law Firm, discusses how the immediate post-accident onsite investigation is key to defense of the claim. Where there is injury involving fall from height, an immediate investigation MUST be conducted to preserve evidence and document witness statements.

Tashia discusses the following:

Determining what construction site injuries require an immediate onsite investigation.
How an onsite investigation should be conducted.
Benefits of a cloaked or attorney-driven investigation.

This audio is from a live webinar provided to clients on Monday, June 7, 2021.

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Episode 193: Coronavirus (COVID-19), Medical Marijuana and Medical Provider Claims: New Jersey Update

Lois Law Firm — Mon, 24 May 2021 15:00:00 -0400

Greg discusses the following:

Compensability Examples
Jurisdictional Standards of Proof
Medicinal Marijuana Ruling Impact on Jersey Claims
Medical Provider Claims Jurisdictional Update

This audio is from a live webinar provided to clients on May 24, 2021.

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Episode 192: Construction Defense: Multijurisdictional Coordination

Lois Law Firm — Mon, 17 May 2021 15:00:00 -0400

In this episode, "Construction Defense: Multijurisdictional Coordination," Greg Lois discusses practical and legal aspects of defending construction accident claims in New York.

Greg discusses the following:

How New York’s Labor Law impacts workers’ compensation claims.
Tactical and strategic considerations in defending construction accident cases in New York.
How to defend dual jurisdiction catastrophic construction accident cases.

This audio is from a live webinar provided to clients on May 17, 2021.

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Episode 191: Third Party Settlements: Consent and Nunc Pro Tunc Motions

Lois Law Firm — Mon, 10 May 2021 15:00:00 -0400

In this episode, “Third-Party Settlements in New York – Consent to Settlement and Nunc Pro Tunc Motions,” Christopher Major provides an overview of civil settlement in New York’s Supreme courts and the impact on workers’ compensation actions.

Major discusses the following:

What third-party settlements (in supreme court actions) require consent in New York?
How nunc pro tunc motions are used to facilitate settlements.
What workers’ compensation risk professionals need to know about civil settlements in New York.
How recent case decisions will impact the practice in 2021.

This audio is from a live webinar provided to clients on May 10, 2021

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Episode 190: Preparing for the Construction Loss: Assembling the Team

Lois Law Firm — Tue, 04 May 2021 11:00:00 -0400

In this episode, Tashia Rasul, a partner at Lois Law Firm and Construction Defense Team Leader, leads a discussion and answers questions about assembling a team of risk professionals to collaborate when a new construction project is contemplated. This team, assembled before any construction losses occur, can include the project owner, safety organization, investigators, on-site medical staff , insurance broker, third-party administrator, and any contractors present.

This audio is from a live presentation offered to the Firm's clients on May 3, 2021.

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Episode 189: Jurisdictional Defense: Definition of Employee

Lois Law Firm — Mon, 26 Apr 2021 15:00:00 -0400

In this episode, "Jurisdictional Defense: Definition of Employee," Greg Lois provides and overview and answer questions about defending non-employment claims in New Jersey.

Greg discusses the following:

Recent case law developments defining "who is an employee" under New Jersey's Workers' Compensation Law.
When and how to raise the non-employment defense.
Practical aspects of defending non-employment claims, including a discussion of the proofs needed at trial.

This audio is from a live webinar provided to clients on April 26, 2021.

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Episode 188: Case Law Update on Employee Status

Lois Law Firm — Mon, 19 Apr 2021 15:00:00 -0400

In this episode, "Case Law Update on Employee Status," Greg Lois leads a presentation and discussion on recent case law decisions touching on employee status in regards to workers’ compensation claims in New York.

Greg discusses the following:

Recent case law decisions on employee status that answer the question, “Is the Claimant My Employee?”
Tactical and strategic considerations in challenging employment
Consistent issues regarding employment status, including independent contractor status, in New York workers’ compensation cases.

This audio is from a live webinar provided to clients on April 19, 2021.

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Episode 187: A Deeper Look at Liens, Subrogation, and Offset Rights Under Section 40 in New Jersey

Lois Law Firm — Mon, 12 Apr 2021 15:00:00 -0400

In this episode, “A Deeper Look at Liens, Subrogation, and Offset Rights Under Section 40 in New Jersey,” Christopher Major leads a conversation about the practical approaches to recovery under New Jersey’s Section 40.

Major discusses the following:

What are the rights of the workers’ compensation carrier under Section 40 to the proceeds of a third-party lawsuit?
In New Jersey, what happens when the parties to the civil action do not obtain consent to settlement.
How recent case decisions will impact the practice in 2021.

This audio is from a live webinar provided to clients on April 12, 2021.

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Episode 186: Risk Transfer Schemes that Complicate Case Handling

Lois Law Firm — Mon, 05 Apr 2021 15:00:00 -0400

In this episode “Risk Transfer Schemes that Complicate Case Handling,” Tashia Rasul, partner at Lois Law Firm, discusses the various ways that construction project risk transfer plans can result in convoluted case handling. Tashia will explain the nuances of “wrap up” insurance plans and how the subrogation and reimbursement rights of the parties can be affected.

Tashia discusses the following:

How a “wrap up” insurance program works and is created.
Coverage issues unique to wrap ups.
Types of risk typically covered by wrap ups.
Complications in case handling for defense counsel and risk professionals.

This audio is from a live webinar provided to clients on April 5, 2021.

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Episode 185: The Second Injury Fund in New Jersey

Lois Law Firm — Tue, 23 Mar 2021 07:00:00 -0400

Topics discussed:

Overview of the Second Injury Fund, including a discussion of the types of cases where the Fund must contribute.
Practical Example, including calculations of Fund contribution and impact on exposure.

This audio is from a live webinar provided to clients on March 22, 2021.

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Episode 184: Update on Fraud in New York Workers' Compensation Cases

Lois Law Firm — Mon, 15 Mar 2021 14:00:00 -0400

In this episode, "Update on Fraud in New York Workers’ Compensation Cases," Greg Lois provides and overview and answers questions about raising fraud in New York Workers’ Compensation claims.

Greg talks about:

What constitutes claim fraud under Section 114-a of the New York Workers’ Compensation Law;
How and when to raise fraud in a litigated case;
The use of surveillance video in establishing fraud;
Answers to frequently-asked appeals questions.

This audio is from a live webinar provided to clients on March 15, 2021

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Episode 183: A Deeper Look at Liens, Subrogation and Offset Rights Under Section 29 in New York

Lois Law Firm — Mon, 08 Mar 2021 16:00:00 -0500

In this episode, "A Deeper Look at Liens, Subrogation and Offset Rights Under Section 29 in New York," Christopher Major discusses the practical aspects of seeking Section 29 reimbursement for the workers’ compensation carrier in New York.

Major discusses the following:

What are the rights of the workers’ compensation carrier under WCL Section 29 to the proceeds of a third-party lawsuit?
What happens when the parties to the civil action do not obtain consent to settlement.
The remedy available to the third parties when the workers’ compensation carrier refuses to consent to a settlement.
How recent case decisions will impact the practice in 2021.

This audio is from a live webinar provided to clients on March 8, 2021

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Episode 182: What the Construction Risk Professional Needs to Know About Workers' Compensation

Lois Law Firm — Mon, 01 Mar 2021 10:00:00 -0500

In this episode, “https://loisllc.com/webinar/new-york-workers-compensation-101-for-construction-claim-professionals/,” Tashia Rasul, partner at Lois Law Firm, will provide an overview of the Workers’ Compensation law in New York with a focus on issues and topics which impact construction claims. This webinar is geared towards claim professionals who are more experienced with general liability claims but want to gain an understanding of how the workers’ compensation litigation unfolds.

Tashia discusses the following:

The basic benefits available under the New York Workers’ Compensation Law.
Timelines for typical cases.
Reporting injuries.
How cases can be controverted.

This audio is from a https://loisllc.com/webinar/new-york-workers-compensation-101-for-construction-claim-professionals/.

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Episode 181: Appeals and Reopeners

Lois Law Firm — Mon, 22 Feb 2021 15:00:00 -0500

In this episode, "Appeals and Reopeners," Greg Lois leads a discussion about appellate strategy in New Jersey as well as the “reopener” of closed claims.

Greg discusses the following:

When to appeal decisions of New Jersey Workers’ Compensation trial courts.
Strategic and tactical impact of appeal on New Jersey workers’ compensation claims.
Overview of Application for Review or Modification of Formal Award claims (“ReOpeners”).

This audio is from a live webinar provided to clients on February 22, 2021.

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Episode 180: Appeals & Post-Trial Practice in New York Workers' Compensation Cases

Lois Law Firm — Wed, 17 Feb 2021 09:00:00 -0500

In this episode, “Appeals & Post-Trial Practice in New York Workers’ Compensation Cases,” Greg Lois provides and overview and answers questions about appeals in New York Workers’ Compensation claims.

Greg discusses the following:

What kinds of decisions can be appealed;
How and where to make the appeal;
The tactical use of Board Panels appeals;
Answers to frequently-asked appeals questions.

This audio is from a live webinar provided to clients on February 16, 2021.

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Episode 179: Defending HIMP-1 Claims in New York

Lois Law Firm — Tue, 09 Feb 2021 09:00:00 -0500

In this episode, “Defending HIMP-1 Claims in New York,” Christopher Major provides an overview and answers questions about defending HIMP-1 (Health Insurance Matching Program) claims in New York.

Major discusses the following:

What is a Health Insurance Matching Program claim?
How the HIMP-1 can be defended.
Common defenses raised for HIMP-1 claims.
What type of results to expect from a HIMP-1 defense.

This audio is from a live webinar provided to clients on February 8, 2021.

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Episode 178: Overview of Construction Accident Litigation in New York

Lois Law Firm — Mon, 01 Feb 2021 10:00:00 -0500

Some of the topics that Tashia discusses:

Common and statutory law for owners and contractors.
The Impact of New York’s Labor Law Sections 200, 240, & 241.
Recent case law affecting how these statutes are interpreted.

This audio is from a live webinar provided to clients on February 1, 2021.

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Episode 177: New Jersey Workers' Compensation year in Review

Lois Law Firm — Mon, 25 Jan 2021 10:00:00 -0500

In this episode, “New Jersey Workers’ Compensation Defense: Year-in-Review,” we look back at the statutory changes and case law developments from 2020 that will impact New Jersey workers’ compensation cases in 2021.

In this episode, Greg talks about:

Impact of statutory presumption on COVID-19 claims.
New case law on Medical Provider reimbursement claims.
Update on court closures and new presiding judges appointed.

This audio is from a live webinar provided to clients on January 25, 2021.

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Episode 176: New York Workers' Compensation Year in Review (January 2021)

Lois Law Firm — Tue, 19 Jan 2021 11:00:00 -0500

In this episode, “New York Workers’ Compensation Defense: Year-in-Review,” Greg Lois talks about the trends and new caselaw that will impact 2021 New York Workers’ Compensation claims.

Greg talks about:

What types of cases are trending from 2020;
How carriers can respond to HIMP-1 claims;
The increasing importance of risk transfer opportunities in New York cases;
Publication updates.

This audio is from a live webinar provided to clients on January 19, 2021.

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Episode 175: New York Loss Transfer in Ridesharing and Transportation Network Cases

Lois Law Firm — Tue, 12 Jan 2021 13:00:00 -0500

In this episode, “New York Loss Transfer in Ridesharing and Transportation Network Cases” Christopher Major provides an overview of recover options for carriers in these types of cases.

Major discusses the following:

New York “No Fault” Law Article 51;
New York Loss Transfer;
Transportation network Companies and Article 44-B of the Vehicle and Traffic Law;
Weight and use requirements;
The Effect on the Workers’ Compensation carriers;
The “carve out” and ways around it.

This audio is from a live webinar provided to clients on January 11, 2021.

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Episode 174: Goals of Multijurisdictional Litigation Coordination

Lois Law Firm — Tue, 05 Jan 2021 09:00:00 -0500

In this episode, “Goals of Multijurisdictional Coordination in Construction Litigation,” Tashia Rasul, partner at Lois Law Firm and Construction Defense Team Leader starts off 2021 by looking at the goals of construction clients in coordinating the defense litigation involving the same plaintiff/claimant in multiple jurisdictions.

Some of the topics that Tashia discusses:

Weaponizing Coordination: Tactics that Benefit the Employer.
Reduction of Litigation Costs – Reducing Duplicative Effort.
Avoiding Collateral Estoppel.
Pursuing Global Settlement.

This audio is from a live webinar provided to clients on January 4, 2021.

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Episode 173: Defending Medical Provider Claims In New Jersey

Lois Law Firm — Mon, 28 Dec 2020 16:00:00 -0500

In this episode, "Defending Medical Provider Claims In New Jersey," Greg Lois discusses the latest development in Medical Provider Application for Payment Claims in New Jersey workers’ compensation court.

Greg discusses the following:

Jurisdiction for these cases under New Jersey’s Workers’ Compensation Act, Section 15.
Recent case law decisions affecting exposure.
Practical tips for pricing and resolving these medical provider reimbursement claims.

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Episode 172: The Importance of Risk Transfer in New York Workers' Compensation Cases

Lois Law Firm — Tue, 22 Dec 2020 08:00:00 -0500

In this episode, “The Importance of Risk Transfer In New York Workers’ Compensation Cases,” Greg Lois talks about reimbursement and subrogation as means to reduce exposure in New York Workers’ Compensation claims.

In this episode, Greg talks about:

The differences between a reimbursement right and subrogation;
How to maximize reimbursement under New York’s Section 29;
Limitations on the right of subrogation in New York; and
How to evaluate the amount of recovery in a reimbursement or subrogation action.

This audio is from a live webinar provided to clients on December 21, 2020.

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Episode 171: Year in Review: New York and New Jersey Civil Litigation

Lois Law Firm — Tue, 15 Dec 2020 09:00:00 -0500

In this episode, “Year End Review : New York and New Jersey Civil Litigation,” Christopher Major provides an overview of the new case law developments that impact New York and New Jersey civil actions.

Major discusses the following:

New York “No Fault” Law update;
New York Loss Transfer;
New Jersey Verbal Threshold;
Settlement Consent and Cramdown Motions in New York

This audio is from a live webinar provided to clients on December 14, 2020.

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Episode 170: Construction Claims in 2020: Trends, Takeaways & Notable Decisions

Lois Law Firm — Mon, 07 Dec 2020 16:00:00 -0500

In this episode, "Construction Claims in 2020: Trends, Takeaways & Notable Decisions," Tashia Rasul, partner at Lois Law Firm and Construction Defense Team Leader looks at the important cases and trends that impacted the defense of construction claims in 2020. This audio is from a live webinar recorded on December 7, 2020.

Tashia discusses the following:

Most important Workers’ Compensation construction accident trial and appellate decisions.
New case law impacting civil litigation.
A look ahead at how these case decisions will impact the practice in 2021.

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Episode 169: Evaluating Claims for Permanency Exposure in New Jersey

Lois Law Firm — Mon, 23 Nov 2020 16:15:00 -0500

In this episode, "Evaluating Cases for Permanency Exposure in New Jersey," Greg Lois provides an overview and answers questions about how attorneys value exposure in New Jersey cases.

Greg discusses the following:

Types of permanency benefits available under the New Jersey’s Workers’ Compensation Law.
Recent case law decisions affecting exposure.
Practical tips for analyzing and assessing exposure in New Jersey cases.

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Episode 168: Evaluating Cases for Permanency Exposure in New York

Lois Law Firm — Mon, 16 Nov 2020 16:00:00 -0500

In this episode, "Evaluating Cases for Permanency Exposure in New York," Christian Sison 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.

Christian discusses the following:

Definition of “Loss of Wage Earning Capacity,” including what classes of injuries may qualify for this type of award.
Overview of how awards are calculated.
The use of IMEs and Disability Duration Guidelines to challenge impairment ratings in LWEC awards.
Answers to common Loss of Wage Earning Capacity questions.

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Episode 167: Disclosure Tools in New York

Lois Law Firm — Tue, 10 Nov 2020 06:00:00 -0500

In this episode, “Disclosure Tools in New York Civil Practice,” Christopher Major, Christopher Major leads a presentation and discussion on the use of discovery devices in New York supreme court (civil) actions.

Major discusses the following:

The value of Pre-suit discovery in reducing litigation in New York.
What risk professionals need to know about litigation discovery devices, including Requests for Admissions, Interrogatories, and Depositions in New York actions.
How recent case decisions will impact the practice in 2020.

This audio is from a live webinar provided to clients on November 9, 2020.

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Episode 166: Calculating Exposure in Dual Jurisdiction Claims: Construction Defense

Lois Law Firm — Tue, 03 Nov 2020 08:00:00 -0500

In this episode, https://loisllc.com/attorney/tashia-rasul/, partner at Lois Law Firm and Construction Defense Team Leader looks at exposure analysis issues that arise in Owner Controlled Insurance Program (OCIP) and Contractor Controlled Insurance Program (CCIP) projects.

Some of the topics Tashia discusses include:

How to evaluate exposure in the worker’s compensation case.
How to analyze exposure in the general liability case
How and when exposure estimates should be provided by counsel to risk professionals and stakeholders- practical advice.

This audio is from a live webinar provided to clients on November 2, 2020.

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Episode 165: NJ Cross-Border Medical Claims: New York Fee Schedule and New Jersey Providers

Lois Law Firm — Mon, 26 Oct 2020 14:00:00 -0400

In this episode, “Cross-Border Medical Claims,” Attorney Greg Lois talks about how an October 2020 New Jersey caselaw decision is impacting medical fee disputes in New York workers’ compensation claims. If You have ever been dragged into a New Jersey court to resolve a New York Medical fee Schedule dispute, this episode is for you!

Greg talks about what is changing now, such as:

The impact of the New Jersey court decision on New York claims;
How to challenge jurisdiction in Medical Provider Claims in New Jersey;
What carriers and insureds can do about New Jersey fee disputes;
What New York claims are going to be impacted.

This audio is from a live webinar provided to clients on October 26, 2020.

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Episode 164: NY Cross-Border Medical Claims: New York Fee Schedule and New Jersey Providers

Lois Law Firm — Mon, 19 Oct 2020 14:00:00 -0400

In this episode, “Cross-Border Medical Claims: New York Fee Schedule and New Jersey Providers,” Attorney Greg Lois talks about how an October 2020 New Jersey caselaw decision is impacting medical fee disputes in New York workers’ compensation claims. If You have ever been dragged into a New Jersey court to resolve a New York Medical fee Schedule dispute, this episode is for you!

Greg talks about what is changing now, such as:

The impact of the New Jersey court decision on New York claims;
How to challenge jurisdiction in Medical Provider Claims in New Jersey;
What carriers and insureds can do about New Jersey fee disputes;
What New York claims are going to be impacted.

This audio is from a live webinar provided to clients on October 19, 2020.

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Episode 163: Discover Devices in New Jersey Civil Litigation

Lois Law Firm — Wed, 14 Oct 2020 09:00:00 -0400

In this episode, “Discovery Devices in New Jersey,” Christopher Major leads a presentation and discussion on the use of discovery devices in New Jersey superior court (civil) actions.

Major discusses the following:

The value of Pre-suit discovery in reducing litigation in New Jersey.
What risk professionals need to know about litigation discovery devices, including Requests for Admissions, Interrogatories, and Depositions, in New Jersey actions.
How recent case decisions will impact the practice in 2020.

This audio is from a live webinar provided to clients on October 13, 2020.

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Episode 162: Coverage Disputes in Multijurisdictional Construction Claims

Lois Law Firm — Tue, 06 Oct 2020 07:00:00 -0400

Construction Defense Team Leader Tashia Rasul leads a presentation on coverage issue in multijurisdictional construction claims. This audio is from a live presentation provided on October 5, 2020.

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Episode 161: Independent Medical Examinations & COVID-19 in New Jersey

Lois Law Firm — Mon, 28 Sep 2020 08:00:00 -0400

Greg Lois leads a discussion on the use, selection, and presentation of expert witness reports and testimony in New Jersey workers' compensation claims. A practical application of using expert witness testimony in the defense of COVID-19 claims is included. This audio is from a live webinar presented to clients on September 28, 2020.

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Episode 160: IMEs versus Record Reviews in New York Workers' Compensation Claims

Lois Law Firm — Mon, 21 Sep 2020 14:00:00 -0400

In this episode, Attorney Greg Lois discusses the pros and cons of Independent Medical Evaluations versus Record Reviews in New York Workers' Compensation claims. This podcast audio is taken from the live training provided to the Firm's clients on September 21, 2020.

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Episode 159: COVID-19 Presumptions for Essential Workers in New Jersey

Lois Law Firm — Thu, 17 Sep 2020 16:00:00 -0400

On September 14, 2020 New Jersey’s Governor signed a bill created a presumption of compensability for COVID-19 claims in New Jersey for “essential workers.” This law is retroactive to March 9, 2020.

This is audio from our live Q & A on the impact of the new COVID-19 presumption in New Jersey workers’ compensation cases.

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Episode 158: Pre-Answer Motion Practice in New Jersey

Lois Law Firm — Mon, 14 Sep 2020 16:00:00 -0400

In this episode, Christopher Major leads a discussion on the use of pre-answer motion practice in New Jersey civil litigation. This podcast audio is taken from a live client webinar presented on September 14, 2020.

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Episode 157: Global Settlements

Lois Law Firm — Mon, 07 Sep 2020 16:00:00 -0400

Tashia discusses the following:

Workers’ Compensation reimbursement and leverage.
General Liability/civil litigation settlement allocation.
Using counsel effectively to negotiate settlements.
Practical examples.

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Episode 156: How To: Defending Motions for Med & Temp in New Jersey!

Lois Law Firm — Fri, 28 Aug 2020 10:00:00 -0400

In this episode, we discuss defense strategies to handle Motions for Medical and Temporary Disability benefits in New Jersey workers' compensation cases. This audio is taken from a live webinar provided to clients on August 24, 2020.

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Episode 155: Medical Treatment in New York UPDATE

Lois Law Firm — Fri, 21 Aug 2020 13:00:00 -0400

In this episode we explore what's new in medical treatment in New York Workers' Compensation claims. This audio is from a live webinar provided to clients on August 17, 2020.

We discuss the new Medical Treatment Guidelines coming into effect in January 2021; How the "Provider Expansion" rules are working; The impact of out-of-state care on exposure and costs;
How telemedicine is impacting medical care in workers' compensation cases; The Drug Formulary; and Update on medicinal marijuana in New York workers' compensation cases.

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Episode 154: Pre-Answer Motion Practice in New York

Lois Law Firm — Fri, 14 Aug 2020 09:00:00 -0400

In this episode, “Pre-Answer Motion practice in New York," Christopher Major provides an overview of the use of motion practice to limit exposure in New York civil actions. This video is from a live presentation on August 10, 2020.

The value of Pre-Answer motions in reducing litigation in New York?
What risk professionals need to know about pre-suit preparation in New York.
How recent case decisions will impact the practice in 2020.

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Episode 153: Coordinating Mulitjuridictional Defenses Using Milestones

Lois Law Firm — Thu, 06 Aug 2020 16:00:00 -0400

Tashia Rasul, partner at Lois Law Firm, explores the likely milestones to be reached in each jurisdiction. At each point, consideration should be made as to whether to convene a meeting of necessary stakeholders to decide on a unified course of action. Where a decision does not need to be made, these milestones serve as a marker for a meeting to be held between defense counsel to update as to the progress of each case.

Tashia discusses the following:

Workers’ Compensation defense milestones.
General Liability/civil litigation milestones.
How to convene a meeting of stakeholders.

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Episode 152: How NOT TO Defend a Wage Reconstruction Case in New Jersey

Lois Law Firm — Wed, 29 Jul 2020 11:00:00 -0400

Greg Lois discusses the recent decision in Calero v Target and explains how NOT TO defend wage reconstruction claims in New Jersey Workers' Compensation courts.

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Episode 151: Case Law Update on Temporary Disability in New York

Lois Law Firm — Tue, 28 Jul 2020 08:00:00 -0400

Greg Lois answers questions live about temporary disability benefits in New York.

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Episode 150: New York's "Serious Injury" Threshold: Major Mondays

Lois Law Firm — Tue, 14 Jul 2020 11:00:00 -0400

In this episode, “New York's Serious Injury Threshold," Christopher Major provides an overview of Article 51 of the Insurance Law which provides that a plaintiff in a personal injury action arising out of negligence in the use or operation of a motor vehicle must establish that he/she has incurred a basic economic loss exceeding $50,000 or must establish that he/she has suffered “serious injury." This video is from a live presentation on July 13, 2020.

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Episode 149: Legal Issues in Coordinating Multijurisdictional Defenses

Lois Law Firm — Tue, 07 Jul 2020 07:00:00 -0400

Tashia Rasul, partner at Lois Law Firm and Team Leader of the Construction Defense Practice, on legal issues in coordinating multijurisdictional defenses.

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Episode 148: New Jersey Jurisdictional Defenses: Off-Premises Injuries

Lois Law Firm — Mon, 22 Jun 2020 01:45:00 -0400

Attorney Greg Lois leads a discussion on defending off-premises claims in New Jersey . This video is from a live webinar provided to clients on June 22, 2020.

Topics discussed:

COVID-19 Legislative and Court proceedings Update;
When and how to raise legal defenses to going-and-coming injuries.
Practical aspects of defending off-premises claims, including a discussion of the proofs needed at trial.

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Episode 147: Defending Off-Premises Injuries in New York

Lois Law Firm — Tue, 16 Jun 2020 07:00:00 -0400

Attorney Greg Lois leads a discussion on defending off-premises claims in New York. This video is from a live webinar provided to clients on June 15, 2020.

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Episode 146: Basics of Civil Practice in New Jersey

Lois Law Firm — Tue, 09 Jun 2020 08:00:00 -0400

In this episode, “Basics of Civil Practice in New Jersey,” Christopher Major provides an overview of civil litigation in New Jersey’s Superior courts.
Major discusses the following:

What are the jurisdictional requirements to bring a superior court action in New Jersey?
The “who, what, where, and when” of how lawsuits are filed.
What risk professionals need to know about civil practice in New Jersey.
How recent case decisions will impact the practice in 2020.

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Episode 145: Responding to the Catastrophic Construction lost: Dual Jurisdiction Claims

Lois Law Firm — Tue, 02 Jun 2020 08:00:00 -0400

In this episode, “Responding to the Catastrophic Construction Loss,” Tashia Rasul, partner at Lois Law Firm, discusses how the immediate post-accident onsite investigation is key to defense of the workers' compensation and general liability claim. Where there is injury involving fall from height, an immediate investigation MUST be conducted to preserve evidence and document witness statements.

Topics discussed include:

Determining what construction site injuries require an immediate onsite investigation.
How an onsite investigation should be conducted.
Benefits of a cloaked or attorney-driven investigation.

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Episode 144: Coronavirus (Covid-19) & New Jersey Workers’ Compensation Claims: More Questions Answered

Lois Law Firm — Tue, 26 May 2020 16:00:00 -0400

In this episode, Greg Lois leads a presentation on coronavirus (Covid-19) & New Jersey Workers’ Compensation Claims.

Greg discusses the following:

Compensability Examples
Jurisdictional Standards of Proof
When Infectious Diseases are Compensable
Common Questions Regarding Testing
How to do Your Investigation

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Episode 143: Coronavirus (COVID-19) and Workers' Compensation Update

Lois Law Firm — Mon, 18 May 2020 16:00:00 -0400

In this episode, Greg Lois provides an update on the impact of coronavirus on workers' compensation cases in New York and New Jersey and answers questions live! This audio is from a live presentation on May 18, 2020.

Emerging issues in COVID-19 claims, such as PTSD and anxiety claims.
Tactical and strategic considerations in challenging compensability of coronavirus claims.
Likely impact of pending legislation in New Jersey (New Jersey Senate passed S 2380, now pending in Assembly as A3999).

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Episode 142: Basics of Civil Practice in New York

Lois Law Firm — Mon, 11 May 2020 06:45:00 -0400

In this episode, “Basics of Civil Practice in New York,” Christopher Major provides an overview of civil litigation in New York’s Supreme courts.

Major discusses the following:

What are the jurisdictional requirements to bring a supreme court action in New York?
The “who, what, where, and when” of how lawsuits are filed.
What risk professionals need to know about civil practice in New York.
How recent case decisions will impact the practice in 2020.

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Episode 141: Preparing for the Loss: Construction Claims

Lois Law Firm — Mon, 04 May 2020 16:00:00 -0400

In this episode, “Preparing for the Loss,” Tashia Rasul, partner at Lois Law Firm, talks about the preparation and planning needed long before the construction project or program experiences any injury losses. If you are waiting until a loss has occurred to retain counsel and prepare a plan of action, you are waiting too long!

Topics discussed include:

Assembling a team of risk professionals who will "swing into action" once a catastrophic loss occurs.
Who should be on the team.
Getting the team together, running a drill.

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Episode 140: New Jersey Jurisdictional Defense: Definition of Employee Under the Workers' Compensation Act

Lois Law Firm — Tue, 28 Apr 2020 09:00:00 -0400

Greg Lois answers questions about defending non-employment claims in New Jersey. Also discussed: Recent case law developments defining “who is an employee” under New Jersey’s Workers’ Compensation Law; When and how to raise the non-employment defense; and Practical aspects of defending non-employment claims, including a discussion of the proofs needed at trial. This audio is form a live webinar provided to the Firm's clients on April 27, 2020.

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Episode 139: Defense of Employee Status in New York Workers' Compensation Claims

Lois Law Firm — Tue, 21 Apr 2020 10:00:00 -0400

In this episode, Greg Lois leads a discussion on employee status. We look to recent case law decisions on employee status that answer the question, “Is the Claimant My Employee?”, discuss tactical and strategic considerations in challenging employment, and examine independent contractor status in New York workers’ compensation cases. This audio podcast is from a live webinar provided to the Firm's clients on Monday, April 20, 2020.

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Episode 138: Ethical Duties When Representing the Subrogor

Lois Law Firm — Tue, 14 Apr 2020 09:00:00 -0400

In this episode, “Ethical Duties When Representing the Subrogor,” Christopher Major leads a conversation about the ethical considerations for defense counsel representing a subrogated interest in a civil claim.

Major discusses the following:

What are the rights of the workers’ compensation carrier under Section 29 to the proceeds of a third-party lawsuit?
What happens when the parties to the civil action do not obtain consent to settlement.
The remedy available to the third parties when the workers’ compensation carrier refuses to consent to a settlement.

How recent case decisions will impact the practice in 2020.

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Episode 137: Construction Claims: Risk transfer and Reduction Schemes that Complicate Case Handling

Lois Law Firm — Thu, 09 Apr 2020 11:00:00 -0400

In this episode, “Risk Transfer Schemes that Complicate Case Handling,” Tashia Rasul, partner at Lois Law Firm, discusses the various ways that construction project risk transfer plans can result in convoluted case handling. Tashia explains the nuances of “wrap up” insurance plans and how the subrogation and reimbursement rights of the parties can be affected.

Tashia discusses the following:

How a “wrap up” insurance program works and is created.
Coverage issues unique to wrap ups.
Types of risk typically covered by wrap ups.
Complications in case handling for defense counsel and risk professionals.

This audio is from a live webinar offered to the Firm's clients on April 6, 2020.

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Episode 136: COVID-19 and New Jersey Workers' Compensation: Your Questions Answered

Lois Law Firm — Mon, 23 Mar 2020 16:00:00 -0400

Attorney Greg Lois leads a webinar for clients on the compensability of infectious disease claims in New Jersey workers' compensation courts. This audio is from a live webinar and question-and-answer session provided by the Firm on March 23, 2020.

Greg discusses the following:

Compensability Examples
Jurisdictional Standards of Proof
When Infectious Diseases are Compensable
Common Questions Regarding Testing
How to do Your Investigation

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Episode 135: COVID-19 and New York Worker's Compensation: Your Questions Answered!

Lois Law Firm — Mon, 23 Mar 2020 16:00:00 -0400

Attorney Greg Lois leads a webinar for clients on the compensability of infectious disease claims in New York workers' compensation courts. This audio is from a live webinar and question-and-answer session provided by the Firm on March 23, 2020.

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Episode 134: Fraud case Law Update - New York Workers' Compensation

Lois Law Firm — Mon, 16 Mar 2020 10:00:00 -0400

In this podcast, Greg Lois provides an overview of claims fraud in New York workers' compensation cases! This audio is from a live presentation on March 16, 2020.

Greg provides answers to common questions, such as:

Recent case law decisions on fraud.
Tactical and strategic considerations in raising fraud.
Red flags for fraud in New York workers’ compensation cases.

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Episode 133: Liens, Consents, & "Cramdown Motions" in New York

Lois Law Firm — Mon, 09 Mar 2020 15:00:00 -0400

In this podcast, “Understanding Verbal Threshold in New Jersey,” Christopher Major discusses what happens when the plaintiff and tortfeasor in a civil action attempt to resolve their case by settlement without the consent of the workers’ compensation carrier in New York. This audio is from a live presentation on March 9, 2020.

Major discusses the following:

What are the rights of the workers’ compensation carrier under Section 29 to the proceeds of a third-party lawsuit?
What happens when the parties to the civil action do not obtain consent to settlement.
The remedy available to the third parties when the workers’ compensation carrier refuses to consent to a settlement.
How recent case decisions will impact the practice in 2020.

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Episode 132: Workers' Compensation and Coronavirus (COVID-19): Your Questions Answered

Lois Law Firm — Mon, 09 Mar 2020 14:00:00 -0400

Attorney Greg Lois leads a webinar for clients on the compensability of infectious disease claims in New York, New Jersey and Longshore workers' compensation courts. This audio if from a live webinar and question-and-answer session provided by the Firm on March 10, 2020.

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Episode 131: New York Workers' Compensation for Construction Risk Professionals

Lois Law Firm — Mon, 02 Mar 2020 14:30:00 -0500

In this podcast, “New York Workers’ Compensation 101 for Construction Claim Professionals,” Tashia Rasul, partner at Lois Law Firm, provides an overview of the Workers’ Compensation law in New York with a focus on issues and topics which impact construction claims. This webinar is geared towards claim professionals who are more experienced with general liability claims but want to gain an understanding of how the workers’ compensation litigation unfolds.

Some of the topics Tashia discusses include:

The basic benefits available under the New York Workers’ Compensation Law.
Timelines for typical cases.
Reporting injuries.
How cases can be controverted.
This podcast is taken from the live training provided by Tashia to the Firm's clients on March 2, 2020.

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Episode 130: Appeals and Reopeners in New Jersey Workers' Compensation

Lois Law Firm — Mon, 24 Feb 2020 14:00:00 -0500

When to appeal decisions of New Jersey Workers' Compensation trial courts.
Strategic and tactical impact of appeal on New Jersey workers' compensation claims.
Overview of Application for Review or Modification of Formal Award claims ("ReOpeners").
Practical ways to bring reopener claims to closure.
Discovery and litigation strategy specific to reopener claims.

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Episode 129: Appeals and Post-Trial Practice in New York Workers' Compensation cases

Lois Law Firm — Thu, 20 Feb 2020 13:00:00 -0500

Tashia Rasul, Partner at LOIS, provides an overview of appeals and post-trial practice in New York workers' compensation cases! This audio is from a live presentation on February 17, 2020. In this podcast, Tashia discusses what decisions can be appealed, explores tactical and strategic considerations in deciding to file an appeal, and explains costs and practical considerations for appealing workers' compensation trial decisions.

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Episode 128: Understanding Verbal Threshold in New Jersey

Lois Law Firm — Tue, 11 Feb 2020 09:00:00 -0500

In this episode, “Understanding Verbal Threshold in New Jersey," Christopher Major discusses the right to sue after being injured in a motor vehicle accident and how that right can be complicated by a New Jersey law referred to as the “verbal threshold.” This podcast is audio taken from a LIVE webinar offered February 10, 2020.

Major will discuss the following:

What is New Jersey's Limitation Lawsuit option?
How the Limitation affects our reimbursement and subrogation rights.
When the verbal threshold applies.
How recent case decisions will impact the practice in 2020.

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Episode 127: Overview of New York Construction Litigation

Lois Law Firm — Tue, 04 Feb 2020 07:00:00 -0500

In this live webinar, “Overview of New York Construction Claim Litigation,” Tashia Rasul, partner at Lois Law Firm, 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 provides an overview of the relevant New York common laws and statutory Labor Laws that impose duties and obligations on builders and owners, and that govern the civil claims that plaintiffs file.

Tashia discusses the following:

Common and statutory law for owners and contractors.
Labor Law Sections 200, 240, & 241.
Recent case law affecting how these statutes are interpreted.

This audio is from a live webinar originally presented on February 3, 2020.

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Episode 126: A Look Back: New Jersey Workers' Compensation Year-in-Review

Lois Law Firm — Tue, 28 Jan 2020 07:00:00 -0500

In a look back at all the changes and developments in New Jersey Workers' Compensation law and Practice from 2019, Greg Lois discusses the most important decisions and provides insights into how these case decisions will impact the practice in 2020. Audio is taken from a live webinar offered tot he Firm's clients on January 27, 2020.

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Episode 125: New York WC Year-in-Review

Lois Law Firm — Tue, 21 Jan 2020 08:00:00 -0500

Attorney Greg Lois provides a "look back" at the most important case law developments, rule changes, and case handling changes impacting New York workers' compensation claims in 2019!

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Episode 124: Loss Transfer Claims in New York: Civil Litigation Practice

Lois Law Firm — Tue, 14 Jan 2020 06:00:00 -0500

In this episode, “Loss Transfer Claims in New York," Christopher Major discusses claims for reimbursement made between carriers for first-party benefits. Join us for this live discussion and Q & A.

Major discusses the following:

How N.Y. Ins. Law § 5105(a) allows for loss transfer.
Which accident claims qualify for loss transfer.
How recent case decisions will impact the practice in 2020.

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Episode 123: The Goals of Multijurisdictional Litigation: Construction Defense in New York

Lois Law Firm — Tue, 07 Jan 2020 09:00:00 -0500

In this episode, “Goals of Multijurisdictional Coordination,” Construction Practice Leader and Lois Law Firm Partner Tashia Rasul provides an overview of the goals of the Construction Defense Practice when handling a catastrophic construction accident claim. Tashia discusses the four common goals she pursues:

Weaponizing Coordination: Tactics that Benefit the Employer.
Reduction of Litigation Costs – Reducing Duplicative Effort.
Avoiding Collateral Estoppel.
Pursuing Global Settlement.

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Episode 122: Section 40 Reimbursement and Subrogation in New Jersey Workers' Compensation Claims

Lois Law Firm — Tue, 24 Dec 2019 07:00:00 -0500

Christopher Major discusses reimbursement and subrogation of New Jersey workers' compensation indemnity and medical costs through third-party action. This audio is taken from a live training provided by Major on December 23, 2019.

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Episode 121: Reimbursement and Subrogation In New York

Lois Law Firm — Mon, 16 Dec 2019 16:00:00 -0500

Attorneys Christian Sison and Christopher Major discuss the the risk transfer options available to workers' compensation carriers in New York Workers' Compensation cases under Section 29 of the WCL. This audio is from a live presentation on December 16, 2019.

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Episode 120: Exposure Evaluation in New Jersey Workers' Compensation cases

Lois Law Firm — Mon, 25 Nov 2019 06:00:00 -0500

Attorney Joe Jones explains the factors lawyers consider when providing an estimate of exposure to a client. Jones talks about Jersey-specific factors that influence indemnity exposure in a workers' compensation claim. This audio is from a live webinar provided to clients on November 25, 2019.

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Episode 119: Evaluating New York Workers' Compensation Cases for Exposure

Lois Law Firm — Mon, 18 Nov 2019 06:00:00 -0500

LOIS Partner Christian Sison leads a discussion and answers questions about evaluating workers' compensation cases for exposure in New York.

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Episode 118: New York Drug Formulary Q & A

Lois Law Firm — Wed, 13 Nov 2019 06:00:00 -0500

Attorneys Christian Sison and Greg Lois discuss the forthcoming New York Drug Formulary and the likely impact for employers and carriers in New York. Following an overview of the new formulary, the attorneys took live questions. This audio is from a webinar provided on November 13, 2019.

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Episode 117: Effective Use of Expert Witnesses and IMEs in New Jersey

Lois Law Firm — Mon, 28 Oct 2019 14:00:00 -0400

Attorney Greg Lois leads a presentation and discussion on practical aspects and legal procedure for obtaining an expert opinion in a New Jersey workers' compensation claim.

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Episode 116: Effective IME's In New York

Lois Law Firm — Mon, 21 Oct 2019 14:00:00 -0400

Attorney Greg Lois leads a presentation on the changing workers’ compensation law in New York which will provide a credit to carriers and employers for temporary disability benefits issued against permanency benefits in certain cases.

Greg Discusses the Following

When to Get an IME
How to Get an IME
Best Practices for Getting Great IME's
What's Changing in January

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Episode 115: The Law Just Changed in New York: Protecting the Employer's Right to Credit

Lois Law Firm — Wed, 09 Oct 2019 05:00:00 -0400

Attorneys Greg Lois discusses the changing workers’ compensation law in New York which will provide a credit to carriers and employers for temporary disability benefits issued against permanency benefits in certain cases. This audio is taken from a LIVE webinar provided to the Firm's clients on October 9, 2019. This law change will effect all workers' compensation claims pending before the New York Workers' Compensation Board with a date of loss after April 10, 2017.

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Episode 114: Defending Occupational Exposure and Repetitive Use Claims in New Jersey

Lois Law Firm — Mon, 23 Sep 2019 16:00:00 -0400

Attorney Greg Lois leads a presentation and discussion on the defense of occupational exposure New Jersey workers' compensation claims.

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Episode 113: Defending Occupationals and Winning Apportionment in New York

Lois Law Firm — Thu, 19 Sep 2019 06:00:00 -0400

Attorney Christian Sison leads a presentation and discussion on defending occupational exposure and repetitive use claims before the New York Workers' Compensation Board. This audio is from a live presentation on September 16, 2019.

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Episode 112: Defending Motions for Med and Temp in New Jersey Workers' Compensation Cases

Lois Law Firm — Mon, 26 Aug 2019 06:00:00 -0400

Attorney Greg Lois leads a presentation and discussion defending Motions for Temporary and/or Medical Treatment in New Jersey workers' compensation claims. This audio is from a live webinar presented on August 26, 2019.

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Episode 111: Medical Treatment Update: New York Workers' Compensation

Lois Law Firm — Mon, 19 Aug 2019 06:00:00 -0400

Attorney Greg Lois provides an update on the application of the Medical Treatment Guidelines in New York workers' compensation cases. This audio is from a live webinar presentation presented on August 19, 2019.

Greg Discusses the Following

Medical Treatment
New Guidelines
New Form CMS-1500
Importance of MMI in Light of New Statue

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Episode 110: Protecting Employer's Right to Credit in New York

Lois Law Firm — Wed, 14 Aug 2019 10:00:00 -0400

Attorneys Greg Lois and Christian Sison present a discussion on the changing workers' compensation law in New York which will provide a credit to carriers and employers for temporary disability benefits issued against permanency benefits in certain cases. This audio is from a live presentation on August 14, 2019.

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Episode 109: Latest Case Law on Temporary Disability Benefits in New Jersey

Lois Law Firm — Mon, 22 Jul 2019 06:00:00 -0400

Attorney Greg Lois presents the latest case law on temporary disability benefits in New Jersey workers' compensation cases. This audio is taken from the Lois Law Firm's July 22, 2019 webinar.

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Episode 108: New York Temporary Disability Update

Lois Law Firm — Mon, 15 Jul 2019 21:00:00 -0400

Attorney Christian Sison presents an overview of temporary disability benefits in New York worker's compensation cases. This audio is taken from the July 15, 2019 presented by the Lois Law Firm.

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Episode 101: E-Filing Comes to New Jersey Workers' Compensation Cases

Lois Law Firm — Mon, 25 Mar 2019 13:00:00 -0400

Attorney Joe Jones leads a presentation on New Jersey's mandatory e-Filing program now in place for all workers' compensation cases. He discusses the system, how to set it up, and how it can benefit respondents litigating in New Jersey's Division of Workers' Compensation.

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Episode 99: Re-Openers and Appeals in New Jersey Workers’ Compensation Claims

Lois Law Firm — Mon, 25 Feb 2019 16:00:00 -0500

Attorney Greg Lois leads a presentation and discussion on re-openers and appeals of New Jersey workers’ compensation claims.

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Episode 98: Post-Decision Practice in New York

Lois Law Firm — Mon, 18 Feb 2019 16:00:00 -0500

Attorneys Christian Sison and Declan Gourley lead a discussion on the technical and practical aspects of appeals of Board decisions in New York.

They Discuss the Following

Should We Appeal?
Where Does Case Law Come From?
Appeal Path
What Can We Appeal
Full Board or Appellate Division? Both?
Court of Appeals
Tactics: Stays and Costs

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Episode 97: Medicare Secondary Payer Issues in New Jersey Section 20 Settlements

Lois Law Firm — Mon, 28 Jan 2019 16:00:00 -0500

Attorney Gregory Lois leads a discussion on the challenges facing parties seeking to resolve disputes via New Jersey's Section 20 lump-sum dismissal process where Medicare has an interest. This audio is taken from the January 28, 2019 webinar provided by the Firm.

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Episode 96: Medicare Secondary Payer Issues in New York Workers' Compensation Cases

Lois Law Firm — Tue, 22 Jan 2019 16:00:00 -0500

Attorney Greg Lois leads a presentation and discussion on Medicare secondary Payer issues complicating lump sum dismissal settlements in New York.

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Episode 92: Evaluating Cases for Exposure in New Jersey

Lois Law Firm — Mon, 26 Nov 2018 16:00:00 -0500

Attorney Greg Lois leads a presentation and discussion on evaluating cases for settlement in New Jersey.

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Episode 87: Practical Defense of Occupational Exposure Claims in New Jersey

Lois Law Firm — Mon, 24 Sep 2018 16:00:00 -0400

Attorneys Karen Vincent and Chris Diaz of the Lois Law Firm present a webinar on the practical defense of occupational exposure claims in New Jersey.

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Episode 86: Defending Repetitive Use and Occupational Exposure Claims in New York

Lois Law Firm — Mon, 17 Sep 2018 16:00:00 -0400

Attorney Greg Lois leads a presentation and discussion on defending cardiac, repetitive motion, and occupational exposure claims in New York.

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Episode 84: Virtual Hearings go live in Hauppauge

Lois Law Firm — Mon, 13 Aug 2018 16:00:00 -0400

New York is replacing in-person hearings in the Hauppauge hearing point with "Virtual Hearings" held via web conference. LOIS is holding a webinar to discuss what this means for claims handling, claim defense, and costs.

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Episode 83: Medical Marijuana in New York and New Jersey Workers’ Compensation Claims

Lois Law Firm — Tue, 07 Aug 2018 15:00:00 -0400

Attorneys Tashia Rasul and Greg Lois discuss the recent case law developments in New York and New Jersey workers' compensation cases involving medical marijuana.

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Episode 82: Do I have to pay Temporary Disability in New Jersey?

Lois Law Firm — Mon, 23 Jul 2018 16:00:00 -0400

Attorney Karen Vincent leads a presentation and discussion about when to issue temporary disability benefits in New Jersey workers' compensation claims. We discuss the waiting period, defenses to paying, and when payment can end.

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Episode 81: Should I Pay Temporary Disability in New York?

Lois Law Firm — Mon, 16 Jul 2018 16:00:00 -0400

Attorney Greg Lois leads a presentation and discussion about when to issue temporary disability benefits in New York workers' compensation claims. We discuss the waiting period, defenses to paying, and when payment can end.

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Episode 78: Virtual Hearings in New York

Lois Law Firm — Wed, 13 Jun 2018 17:00:00 -0400

New York is replacing in-person hearings with “Virtual Hearings” held via web conference. LOIS is holding two webinars led by attorneys who have handled virtual hearings in New York to discuss what this means for claims handling, claim defense, and costs. Attorneys Declan Gourley, Esq., Christian Sison, Esq., and Tashia Rasul, Esq., discuss the impact of virtual hearings in New York workers’ compensation claims.

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Episode 75: What Virtual Hearings Mean for You

Lois Law Firm — Tue, 22 May 2018 17:00:00 -0400

New York is replacing in-person hearings with “Virtual Hearings” held via web conference. LOIS is holding two webinars led by attorneys who have handled virtual hearings in New York to discuss what this means for claims handling, claim defense, and costs. Attorneys Declan Gourley, Esq., Christian Sison, Esq., and Greg Lois, Esq., discuss the impact of virtual hearings in New York workers’ compensation claims.

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Episode 73: Is the Petitioner an Employee? The Defense of Non-Employment in New Jersey

Lois Law Firm — Mon, 23 Apr 2018 11:00:00 -0400

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)

Lois Law Firm — Mon, 16 Apr 2018 17:00:00 -0400

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

Lois Law Firm — Wed, 04 Apr 2018 06:00:00 -0400

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

Lois Law Firm — Tue, 20 Mar 2018 07:00:00 -0400

Today’s presentation is designed to help the attendee answer the following questions:

“What are the most common causes for penalties in New York?” and
“How do we avoid case-level penalties?” and
“What can we do to mitigate or resolve a penalty issue?”

Presenters Greg Lois has years of experience representing employers and carriers before the Board. At the end of the presentation, the attendees will have a basic understanding of the common penalties, tactics to avoid penalties, and the potential to mitigate or resolve some penalties.

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Episode 67: New Jersey Section 20 and Secondary Payer Barriers

Lois Law Firm — Tue, 23 Jan 2018 06:00:00 -0500

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

Lois Law Firm — Mon, 15 Jan 2018 19:00:00 -0500

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 64: Maximizing Recovery via Reimbursement and Subrogation Under New Jersey Section 40

Lois Law Firm — Wed, 27 Dec 2017 06:00:00 -0500

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 62: Evaluating Exposure in New Jersey Workers' Compensation Claims

Lois Law Firm — Tue, 28 Nov 2017 06:15:00 -0500

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.

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

Lois Law Firm — Tue, 24 Oct 2017 08:00:00 -0400

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.

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Special Guest: Jennifer Yanow, M.D..

Episode 55: Defending Motions for Temporary and Medical Benefits in New Jersey

Lois Law Firm — Mon, 28 Aug 2017 19:00:00 -0400

This is audio from a live presentation from attorney Greg Lois and answers the following questions: “How do I defend a Motion for Med and Temp in New Jersey?” and "What medical treatment is required under the statute?” and “What are the common defenses used by a Respondent when facing a motion?”

At the end of the presentation, attendees will understand what a Motion for Temporary and Medical Benefits is, what exposures are posed by the motion, and how to best defend the motion.

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Episode 49: Defending Additional Sites in New York

Lois Law Firm — Fri, 26 May 2017 13:00:00 -0400

Attorney Christian Sison presents strategies for defending New York claims against additional sites and consequential injuries being added later – beginning with “Day One” tactics to preserve all defenses!

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Episode 48: Which Defense Applies? Overview of Common Defenses in New Jersey

Lois Law Firm — Mon, 22 May 2017 07:00:00 -0400

Attorneys Karen Vincent and Michael Gervolino discuss the application of various defenses in New Jersey Workers' Compensation cases. Among the defenses discussed are the intoxication defense, the defense of intentional self-harm, and idiopathic loss. This is the post-webinar audio from our recent presentation, “Common Defenses in New Jersey" from our workers' compensation webinar training series, which was presented live on May 22, 2017.

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Episode 47: Impact of 2017 Reform on New York Workers' Compensation

Lois Law Firm — Wed, 17 May 2017 05:00:00 -0400

The New York Workers’ Compensation Law was changed on April 10, 2017. Lois Law Firm held a webinar for clients and guests on how the statutory changes will affect employers, carriers, and self insureds in New York.

Attorney Greg Lois covers the fundamentals and at the end of the presentation, the attendees will have a basic understanding of changes in the new law and how this will affect the handling of New York workers’ compensation cases.

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Episode 45: Is the Petitioner an Employee? The Defense of No Employment in New Jersey

Lois Law Firm — Mon, 24 Apr 2017 13:00:00 -0400

Here is the post-webinar audio from our most recent presentation, “Is the Petitioner an Employee?" from our New Jersey workers' compensation webinar training series.

The webinar was presented live by Lois Law Firm partner Joe Jones and associate Angiola DiPopolo and audience questions are addressed such as:

“How is 'employment' defined in New Jersey?”
“How is the defense of 'Lack of Employment' raised?”
“How do the courts define an 'independent contractor' in New Jersey” and
“What about 'undocumented' or illegal workers - can they get benefits as a petitioner in a New Jersey workers' compensation claim?”

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Episode 41: In Depth: New Loss Handling in New York

Lois Law Firm — Fri, 24 Mar 2017 16:00:00 -0400

We go deep on the New York State-required initial contacts to the petitioner/claimant.

Christian Discusses the Following

Are you doing it right?
Do your initial contact materials sent to the claimant meet New York’s requirements?
Do you take advantage of the law allowing you to direct the claimant on where to fill her prescriptions?
Contain all the notices and information required by the State, including information about medical choices?

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Episode 37: Red Flags in New Jersey Section 20 Settlements: Medicare Secondary Payer Issues

Lois Law Firm — Mon, 23 Jan 2017 01:00:00 -0500

Audio from the recent presentation, “Medicare Secondary Payer Issues in New Jersey Workers’ Compensation Claims” from our New Jersey workers’ compensation webinar training series. Attorney Greg Lois discusses Medicare Secondary Payer exposure and how it effects the settlement via Section 20 in New Jersey workers compensation matters.

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Episode 36: Medicare Secondary Payer Issues in New York Workers' Compensation Settlements

Lois Law Firm — Mon, 16 Jan 2017 06:00:00 -0500

Here is the post-webinar audio from our January 16, 2017 presentation, “Medicare Secondary Payers Issues in New York Workers' Compensation Settlements" from our New York workers' compensation webinar training series.

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Episode 35: Section 40 Liens and Subrogation in New Jersey

Lois Law Firm — Mon, 26 Dec 2016 12:00:00 -0500

Here is the post-webinar video from our December 26, 2016 presentation, “Section 40 Liens & Subrogation" from our New Jersey workers' compensation webinar training series. We discuss the types of actions where reimbursement from the proceeds of a third-party (civil) suit is possible, how much reimbursement we are due, and when we can subrogate in New Jersey.

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Episode 34: Liens and Subrogation in New York

Lois Law Firm — Mon, 19 Dec 2016 21:00:00 -0500

Christian Sison, Esq., and Greg Lois, Esq., discuss reimbursement and subrogation under Section 29 in New York workers compensation matters.

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Episode 33: Indemnity Exposure Analysis in New Jersey

Lois Law Firm — Mon, 28 Nov 2016 12:00:00 -0500

Attorney Joe Jones, partner at Lois Law Firm, discusses case exposure analysis for the indemnity aspects of a workers' compensation case in New Jersey. Also discussed are the impacts of multiple injuries, rates issues, and credits for prior functional loss.

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Episode 30: A Work Accident Occurs - What Happens Next?

Lois Law Firm — Wed, 26 Oct 2016 16:00:00 -0400

Attorney Christian Sison answers your questions about the immediate first steps every employer should take at the time of an injury at work.

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Episode 28: Getting the Most from your Independent Medical Evaluations in New York

Lois Law Firm — Mon, 17 Oct 2016 08:00:00 -0400

Trial attorney Usra Hussain joins Greg Lois in a fast-paced discussion covering the use of IMEs in New York workers' compensation cases. Topics covered include how to choose the independent evaluating physician, avoiding preclusion of reports, what can and cannot be sent to the defense IME doctor, and cross-examining the claimant's witnesses at trial.

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Episode 18: Most Common Defenses to Workers' Compensation in New York

Lois Law Firm — Mon, 16 May 2016 06:00:00 -0400

Two Lois Law Firm Attorneys discuss the common defenses raised in opposition to New York workers' compensation claims. Two trial attorneys (Steve Bedoya, Joseph Melchionne) talk about basic defenses with practical tips for raising them.

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Episode 17: Update to Special Report - Fund for Reopened Cases in New York

Lois Law Firm — Fri, 13 May 2016 06:00:00 -0400

New York has a "Special Fund for Reopened Cases" to assume liability for reopener workers’ compensation claims. When a claimant moves to reopen a "stale" case, the employer/carrier requests relief from the "Special Fund for Reopened Cases." By shifting cases over to the Special Fund, the carrier/employer shifts the burden for paying compensation to the Special Fund. Question & answer session on the impact of the Board’s decision to appeal the recent appellate panel decision finding the closure of the Special Fund for Reopened Cases unconstitutional.

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Episode 7: Lien Recovery and Subrogation in New Jersey

Lois Law Firm — Mon, 28 Dec 2015 17:00:00 -0500

Joe Jones, Esq., Marc Pakrul, Esq., and Greg Lois, Esq., discuss practical tips and legal requirements for obtaining reimbursement from the proceeds of third-party recoveries from the perspective of the workers' compensation carriers or self-insured employer.

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Episode 6: Liens & Subrogation of New York Workers' Compensation Claims

Lois Law Firm — Mon, 21 Dec 2015 16:00:00 -0500

An in-depth discussion of the practical aspects of lien recovery in New York for workers' compensation professionals. Three attorneys (Steven Bedoya, Esq., Marc Pakrul, Esq., and Greg Lois, Esq.) on reimbursement under WCL Section 29 and subrogation in New York workers compensation cases.

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Episode 4: Exposure Valuation in New York Workers' Compensation - the defense perspective

Lois Law Firm — Mon, 16 Nov 2015 12:00:00 -0500

Timothy Kane, Esq., and Greg Lois, Esq., explore valuation of workers' compensation cases for indemnity exposure in New York workers' compensation court. Two attorneys discuss how indemnity awards work, explore what a "Scheduled Loss of Use' is, and analyze the latest case law on "Loss of Wage Earning capacity" in New York.

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Episode 2: Getting the Most from Your Independent Medical Evaluations in New York

Lois Law Firm — Mon, 19 Oct 2015 11:00:00 -0400

Using Independent Medical Examiners effectively in New York workers' compensation litigation. Two attorneys representing employers and insurance carriers discuss the use of IME testimony at trial.

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Episode 1: Defending Occupational Exposure Claims in New York

Lois Law Firm — Mon, 21 Sep 2015 10:00:00 -0400

Two New York Attorneys discuss the defense of occupational exposure workers' compensation claims in New York. Episode highlights include a discussion of typical claim presentation, selecting IME physicians, investigations, and case law.

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