Defending Employers: Audio From Lois LLC, Workers' Compensation Defense Attorneys
About the Show
The firehose - everything published by Lois LLC each month. Includes our "Third Fridays" broadcast hosted by Christian Sison, our Workers' Compensation training series, and special reports and presentations.
What you will be listening to:
"Third Fridays" is a live, 30-minute legal talk show from Lois LLC featuring moderator Christian Sison. It is the original forum in which real attorneys discuss workers' compensation issues, share their opinions and engage in colorful conversations.
Our Monthly webinar series. The audio feed from Lois LLC's popular webinar training series is hosted here. Every month the Firm's attorneys present different topics in workers' compensation. Meant as a "101-" level training course, the attorneys present a fresh take on common issues in workers' compensation defense.
Special Reports. When emerging legal issues arise that impact employers, Lois LLC publishes special presentations. These special events, hosted by attorneys and presented in plain English, make the emergent changes understandable for business owners, insurance carriers, and other attorneys. The audio feed from these special presentations is available exclusively here.
DISCLAIMER: This podcast is not legal advice! The materials presented by this podcast and any affiliated website are for informational purposes only and are not offered as legal advice as to any particular matter. No reader should act on the basis of these materials without seeking appropriate professional advice as to the particular facts and applicable law involved. The materials are not represented to be correct, complete, or up-to-date. Opinions presented by this podcast are the opinions of the author. Neither the use of this web site nor the transfer of information to or from this web site shall create or constitute an attorney-client relationship between Greg Lois or LOIS LLC and any person. You should not send any confidential information to this web site until after you have entered into a written agreement for the performance of legal services.
Episode 67: New Jersey Section 20 and Secondary Payer Barriers
January 23rd, 2018
34 mins 34 secs
dismissal, medicare, n.j.s.a. 34:15-20, new jersey, section 20, settlements, workers' compensation
Attorney Greg Lois discusses the availability of a lump-sum dismissal settlement in New Jersey Workers' Compensation cases. The presentation looks at the limitations on this type of compromise in the statute (N.J.S.A. 34:15-20), the rules (N.J.A.C. 12:235-13.1) and the case law. Attorney Lois reviews the barriers to Section 20 settlements and presents practical advice and opinion on obtaining the dismissal in court. The discussion also include an overview of the Medicare Secondary Payer Act as a barrier to full compromise settlements in New Jersey, with practical tips for resolving cases quickly.
Episode 66: Medicare Secondary Payer Set-Asides and Conditional Payments in New York Workers’ Compensation Cases
January 15th, 2018
13 mins 57 secs
conditional payment, declan gourley, lois llc, medicare secondary payer, section 32, set aside, workers' compensation
Attorney Declan Gourley leads a presentation designed to help the attendee answer the following questions: “Can I settle this case?” and “Does Medicare have a current interest I need to consider?” and “Do I need to consider Medicare’s future interest?” Presenter Declan Gourley has years of experience representing claimants before the Social Security law judges and employers and carriers before the Workers' Compensation Board. At the end of the presentation, the attendees will have a basic understanding of Medicare Secondary Payer exposure and when they need to consider Medicare’s interest in a lump-sum settlement.
Episode 65: New Schedule Loss of Use Guidelines in New York
January 9th, 2018
31 mins 28 secs
impairment guidelines, lois law firm llc, new york workers' compensation, scheduled loss of use
LOIS Partner Christian Sison leads a presentation on the new-for-2018 New York Guidelines for Determining Impairment. The new Guidelines replace the prior methods of determining Scheduled Loss of Use for all claims where an impairment report was not submitted before January 1, 2018 and will have an impact on exposure join all future claims. Attorney Sison provides examples including side-by-side exposure analysis of the same impairment under the old and new Guidelines and answers questions live from the webinar audience.
Episode 64: Maximizing Recovery via Reimbursement and Subrogation Under New Jersey Section 40
December 27th, 2017
29 mins 43 secs
n.j.s.a. 34:15-40, new jersey, pino v. polanco, reimbursement, subrogation, vitale v. schering plough, workers' compensation
Attorneys Christopher Major and Greg Lois present a webinar on carrier recovery through reimbursement and subrogation under New Jersey's Section 40 (N.J.S.A. 34:15-40). They discuss the impact of recent cases, such as the December 11, 2017 Supreme Court decision in Vitale v. Schering Plough and the November 22, 2017 Appellate Decision in Pino v. Polanco. The attorneys discuss reimbursement to the carrier/employer from the proceeds of civil actions as well as tactics for maximizing recovery - including practical negotiation tips for dealing with plaintiff's attorneys who always demand a lien reduction to "1/3rd."
Episode 63: Section 29 Reimbursement, Lien recovery, and Subrogation in New York
December 18th, 2017
22 mins 51 secs
burns v. varriale, kelly calculation, lien recovery, new york, subrogation, wcl § 29, workers' compensation lien
Attorneys Christopher Major and Glenn Johnston lead a presentation on Section 29 reimbursement and subrogation in New York workers' compensation claims. The attorneys discuss reimbursement to the carrier/employer from the proceeds of civil actions as well as tactics for maximizing recovery - including negotiation tips for dealing with plaintiff's attorneys who always demand a lien reduction to "1/3rd."
Episode 62: Evaluating Exposure in New Jersey Workers' Compensation Claims
November 28th, 2017
31 mins 46 secs
abdullah credit, exposure, ime, mmi, n.j.s.a. 34:15-20, n.j.s.a. 34:15-22, new jersey, permanency, workers' compensation
Attorneys Karen Vincent and Greg Lois discuss the role of defense counsel in providing timely and accurate exposure analysis to clients. The attorneys discuss the "when" of providing an exposure analysis - when during the litigation lifecycle the attorney should be providing estimates of exposure and likelihood of prevailing at trial. The attorneys also discuss the "how" of exposure - how estimates of permanent disability are made. This webinar presentation is a must-watch for risk professionals and adjusters relying on outside counsel to provide exposure analysis.
Episode 61: Evaluating Permanency Exposure in New York Workers' Compensation Claims
November 21st, 2017
29 mins 30 secs
atf, exposure, loss of wage earning capacity, lwec, new york workers' compensation, permanency, slu
Attorneys Tashia Rasul and Tim Kane lead a presentation and answer questions on evaluating exposure for Loss of Wage Earning Capacity awards in New York workers’ compensation claims.
Episode 60: IMEs and Second Opinion Evaluations in New Jersey, with Dr. Jennifer Yanow
October 24th, 2017
40 mins 31 secs
cprs, imes, lois llc, new jersey, opiates, pain management, rsd, second opinions, workers' compensation
This is audio from a live presentation from Dr. Jennifer Yanow and Greg Lois. Dr. Yanow is a double Board-certified in Pain Medicine and Physical Medicine and Rehabilitation. The discussion focuses on the use of IMEs and second opinion consultation in both acute cases and non-acute long term chronic pain claims. Dr. Yanow's expertise in treating RSD and CPRS claims as well as her approach to opiate medications is explored.
Episode 59: Independent Medical Evaluations in New York Workers' Compensation Cases - the Defense Perspective
October 16th, 2017 | 28 mins 57 secs
Attorney Greg Lois discusses the law and proposed guidelines for conducting Independent Medical Evaluations in New York workers' compensation claims.
Episode 58: New Draft Guidelines for Determining Schedule Loss of Use in New York
October 3rd, 2017
30 mins 38 secs
draft guidelines, lois llc, new york workers' compensation, schedule loss of use, slu, wcb
Attorneys Greg Lois and Christian Sison on the interpretation and application of the draft guidelines for determining Scheduled Loss of Use awards in New York. The draft guidelines were issued on September 1, 2017. The presenters answer questions from a live audience.
Episode 57: Practical Defense of Occupational Exposure Claims in New Jersey
September 26th, 2017 | 22 mins 3 secs
This is audio from a live presentation from attorneys Joseph Jones and Michael Gervolino and answers the following questions: “How do I defend a claim alleging occupational exposures led to a permanent disability in New Jersey?” Two expert attorneys from LOIS discuss the defense of environmental inhalation injuries, practical aspects of preparing an exposure claim for trial, and repetitive use injury defense.
Episode 56: Defending Occupational Exposure and Repetitive Use Claims in New York
September 20th, 2017
13 mins 52 secs
lois llc, new york workers' compensation, occupational exposure, repetitive use
Attorneys Declan Gourley and Kristen Kapur discuss the defense of occupational exposure and repetitive use injuries in New York workers’ compensation cases. This audio comes from a LIVE webinar presentation.
Episode 55: Defending Motions for Temporary and Medical Benefits in New Jersey
August 28th, 2017
27 mins 25 secs
greg lois, lois llc, new jersey, workers' compensation
This is audio from a live presentation from attorney Greg Lois and answers the following questions: “How do I defend a Motion for Med and Temp in New Jersey?” and "What medical treatment is required under the statute?” and “What are the common defenses used by a Respondent when facing a motion?”
At the end of the presentation, attendees will understand what a Motion for Temporary and Medical Benefits is, what exposures are posed by the motion, and how to best defend the motion.
Medical Treatment Guidelines and Opioid Management in New York Workers' Compensation Claims
August 21st, 2017 | 24 mins 45 secs
Attorneys Greg Lois and Jeremy Janis lead a presentation and answer questions about medical treatment issues and non-acute pain management in New York workers’ compensation claims.
Episode 53: New Jersey Temporary Disability Benefits
July 24th, 2017
21 mins 58 secs
lois llc, temporary disability benefits, workers compensation
This is audio from a live seminar presented by attorneys Michael Gervolino and Greg Lois and answers the following questions: “Should I issue temporary disability benefits?” and ”If so, how much?” and “When can I stop Paying?”
At the end of the presentation, the attendees will have a basic understanding of when to issue temporary disability benefits in New Jersey, how the amount issued is calculated, when payments can be terminated, and the risks associated with the benefit.