Episode 68: Appeals and Reopeners in New Jersey
March 1st, 2018 | 26 mins 46 secs
joseph jones, karen vincent, lois law firm llc, new jersey, reopeners, workers' compensation law
Attorneys Joe Jones and Karen Vincent of the Lois Law Firm discuss appeals and reopeners of New Jersey workers' compensation cases from the defense perspective.
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.