Defending Employers

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...

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...

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 typ...

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: Determinin...

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 . 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...

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 cat...

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 f...

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 , i...

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-emplo...

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 challengin...

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...

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...

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 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 contr...

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 f...

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 ha...

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...

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 F...

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....

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 d...

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, “ 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 presidi...

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...

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...

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 Coordinati...

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...