Defending Employers

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 pa...

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 Fi...

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, " Emplo...

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 Re...

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...

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 ca...

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, an...

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 foll...

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 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 Workers' Compensation Webinar...

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. How to attend these w...

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...

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, th...

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...

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 contract...

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....

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 Impor...

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 How to attend these webinar...

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 provid...

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

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 mile...

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’ compe...

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 . 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 Workers' Compensation Webinar Schedules an...

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...

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 dut...

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)...