Defending Employers

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 gi...

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...

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 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 ris...

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...

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

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...

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 u...

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, indemnit...

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 fo...

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...

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 limit...

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 li...

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 . How to attend th...

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 yo...

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...

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,...

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...

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

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 o...

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...

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 . How to atte...

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;...

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 Jers...

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 pr...