Defending Employers

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 li...

New Jersey offers options for resolving cases, and we explore the choices and challenges of each! In this episode, “ Permanent Disability and Settlements in New Jersey Workers’ Compensation Cases ,” Greg Lois looks at Section 20, Section 22, and Trial-to-Judgment options in this jurisdiction. In this episode Greg explains: The “WHEN” of Evaluating Exposure The “HOW” of Evaluating Exposure “WHAT” i...

Your goal is to move your New York workers’ compensation case to a timely closure, but there are some commonly-overlooked issues that can complicate the final resolution or settlement. In this episode, “ Closing Workers’ Compensation Cases in New York: Medicare Secondary Payer Obligations ,” Greg Lois explores some complications that must be considered BEFORE a case is settled: The AGE or MEDICARE...

In New York, either a carrier’s written consent to settle the third-party action or a compromise order from the civil court approving the settlement is required, or else the claimant forfeits the right to future benefits. Over time, the law has carved out some basic requirements for making a consent letter effective, including circumstances where rights may be lost if not adequately preserved! In...

In this episode, “ Legal Issues in Coordinating Multijurisdictional Construction Cases ,” Noah Pollack partner at Lois Law Firm , leads a discussion and answers questions about coordinating counsel across multiple jurisdictions in construction accident cases. Noah discusses the following: Privileges, disclosures, and collateral estoppel; Protected and unprotected documents; and Investigation Repor...

In this episode, " Discovery, Pre-Trials, Trials, & Appeals in New Jersey Workers’ Compensation Claims ," Greg Lois explains the litigation process in New Jersey workers’ compensation claims. An experienced trial attorney provides you with an insider’s look at how the litigation process and explains step-by-step how a case moves from inception to resolution. Greg discusses the following: Disco...

In this episode, " Guide to Permanent Disability & Settlements in New York Workers’ Compensation Claims ," Greg Lois explains how awards for permanent medical impairment and loss of earning capacity are calculated with recommendations for handling cases at the permanency stage. We focus on strategies that help you reduce exposure in these cases! In this episode Greg covers: Maximum Medical Imp...

Both Section 29 and Section 40 give rise to three distinct rights: lien reimbursement, subrogation, and a future credit/offset against additional workers’ compensation benefits. In this episode, “ “Subrogation” as a Term of Art: The Difference Between Lien, Subrogation, and Offset Rights ,” we explain the differences between these statutory rights, their meaning, and how/when they apply. He covers...

In this episode, “ Construction Claims: Responding to the Loss ,” Tashia Rasul leads 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 statemen...

In 2023 Medical Provider Claims are now one-in-five (20%) of all new cases filed before the Division of Workers’ Compensation. In this episode " Practical Guide to Closing Medical Provider Claims in New Jersey ," Greg Lois provides you with practical guidance on: What is a Medical Provider Claim? Discovery allowable in a Medical Provider Claim How to Handle These Claims: our Decision Tree How to D...

In this episode, “ Discovery, Trials, Hearings, & Appeals in New York Workers’ Compensation Cases ,” Tim Kane explains the litigation process in New York workers’ compensation claims. An experienced trial attorney provides you with an insider’s look at how the litigation process and explains step-by-step how a case moves from inception to resolution. In this episode Tim explores: Overview of D...

New York’s Section 29 and New Jersey’s Section 40 exist to prevent the claimant/petitioner from recovering twice for the same injury. That never seems to stop third-party attorneys from asking for a “1/3rd, 1/3rd, 1/3rd” split though. In this episode, “ No Double Recovery! Practical Advice for Avoiding Reimbursement Pitfalls ,” we address how to perfect your lien rights every step of the way so th...

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, thi...

In this episode, " Meeting the Challenge Common Litigation Issues in New Jersey Workers’ Compensation Cases ," Greg Lois explores the most common causes for litigation in New Jersey workers’ compensation claims and how you can stay in control and position your case for a successful outcome. Greg discuss the following: Fraud in New Jersey and How to Prosecute Abusers. Using Motions to Advance Your...

In this episode, " Defending Employers: Common Litigation Issues in New York Workers’ Compensation Cases ," Greg Lois will explore the most common causes of litigation in New York workers’ compensation claims and how to best prepare your case for a successful outcome. In this presentation Greg explores: Maximum Medical Improvement Return to Work Issues Labor Market Attachment Fraud & Concealme...

As a follow-up to March’s episode on workers’ compensation exclusivity, we tackle the difficult subject of the frequently-cited Labor Law Sections 200, 240(1), and 241(6). How does such a claim impact subrogation potential? When might an employer be exposed despite exclusivity? What is needed for a claim to qualify under the Labor Law? How to attend these webinars live and ask questions Join us fo...

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: An...

In this episode, “ Staying in Control of the Claim: Medical Benefits in New Jersey ,” Greg Lois explores how staying in control of your New Jersey claim is accomplished through medical control, and how not to lose control of your case! Greg discusses the following: Medical Care in General When Medical Ends How to Defend Motions for Temporary and Medical Benefits Medical Experts How to attend these...

In this episode “ Understanding Indemnity & Medical Benefits in New York Workers’ Compensation ,” Greg Lois explores the topics, and help give you a better understanding, of indemnity and medical benefits in New York Workers’ Compensation. Topics covered include: Overview of WAGE REPLACEMENT and MEDICAL benefits Defining MAXIMUM MEDICAL IMPROVEMENT When you can STOP PAYING wage replacement Wha...

In this episode, “ Civil Exposure for the Employer and the Concept of Comp Exclusivity ,” we discuss New Jersey’s Section 8 (N.J.S.A. 34:15-8), New York’s Sections 11 and 29(6), a claimant’s election of remedies, the concepts of “grave injury” and intentional wrongs, contractual indemnification, and potential implications of a carrier’s Part B Employers’ Liability policy in a third-party civil act...

In this episode, “NY Workers’ Compensation Highlights for Construction Claims 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 episode is geared towards claim professionals who are more experienced with general liability claims but want to gain an under...

In this episode, " New Jersey Workers’ Compensation: Case Foundations ," Greg Lois explores the topics of claim initiation, compensability decision-making, and how to calculate Average Weekly Wage in New Jersey. Topics covered include: Acceptance or Denial Investigation AWW Re-Openers Medical Provider Claims How to attend these webinars live and ask questions Join us for our monthly webinars on Ne...

In this episode “ New York Workers’ Compensation: Case Foundations ,” Greg Lois explores the topics of claim initiation, compensability decision-making, and how to calculate Average Weekly Wage in New York. Topics covered include: What happens FIRST when an injury occurs at work Difference between ACCEPTED and DENIED claims What we do when we are advocating for sustaining the denial using handouts...

Workers' compensation carriers and self-insureds are getting more and more of these demands every year, sometimes resulting in a loss of hundreds of thousands of dollars even when a case is closed or not established! In this episode " Combating HIMP-1 Demands Defense and Resolution Strategies ," we make sure you know how to fight back and provide unique resolution strategies that are guaranteed to...

In this episode, " Overview of New York Construction Claim Litigation ," Tashia Rasul , partner at Lois Law Firm, provides 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....