Defending Employers

Our kick-off episode for a year-long guided tour of the New Jersey workers’ compensation system! In this episode, “ Introduction to New Jersey Workers’ Compensation & Our 2023 Webinar Series ,” Greg Lois will provide a broad overview of the workers’ compensation with a focus on what makes New Jersey unique. In this episode Greg explores: What is Workers’ Compensation in general? How is the sys...

Our kick-off episode for a year-long guided tour of the New York workers’ compensation system! In this episode, “ Introduction to New York Workers’ Compensation & Our 2023 Webinar Series ,” Greg Lois will provide a broad overview of the workers’ compensation with a focus on what makes New York unique. In this episode Greg explores: What is Workers’ Compensation in general? How is the New York...

In New York MVA cases, there is a flat $50,000 reduction to the carrier’s Section 29 lien…or is there? As always in the law, exceptions abound, and loss transfer can get the $50k back even if the “carve-out” does apply. In this episode, “Carve-Out “Ins and Outs” – How to Ensure Maximum Subrogation Recovery in a New York MVA Case ,” we explain how to not miss out on money you’re potentially entitle...

In this episode “ Goals of Multijurisdictional Coordination and 2022 Year-End Review of Construction Case Law ,” Tashia Rasul , Partner at Lois Law Firm and Construction Defense Team Leader, starts off 2023 by looking at the goals of construction clients in coordinating the defense litigation involving the same plaintiff/claimant in multiple jurisdictions. Tashia also looks back at the important c...

In this episode, "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...

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 c...

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 multijurisd...

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 p...

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? How to attend these webinars live and ask questions Join us for our monthly webinars on New York workers’ compensation law. Register for a New York...

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...

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 ,...

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 How to attend these webinars live...

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 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 Settle...

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 insu...

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 definitio...

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 How to atten...

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 pr...

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...

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,...

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...

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...

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 “...

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...

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. How to attend these webinars live and ask questions Join us for...