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 46: Overview of Defenses in New York Workers' Compensation Cases
May 15th, 2017
29 mins 26 secs
defenses, lois llc, new york workers' compensation law, webinar audio
Attorneys Tim Kane and Greg Lois cover the fundamentals on challenging the the basic presumptions relied upon by the claimant in establishing their case, disputing new “consequential” body parts, and raising all applicable defense. We discuss some little used (but available) defenses, such as the intoxication defense. At the end of the presentation attendees will have a basic understanding of various common defenses under the New York Workers’ Compensation Law.
Episode 45: Is the Petitioner an Employee? The Defense of No Employment in New Jersey
April 24th, 2017
20 mins 1 sec
defenses, lack of employment, lois llc, new jersey, workers' compensation
Here is the post-webinar audio from our most recent presentation, “Is the Petitioner an Employee?" from our New Jersey workers' compensation webinar training series.
The webinar was presented live by Lois LLC partner Joe Jones and associate Angiola DiPopolo and audience questions are addressed such as:
- “How is 'employment' defined in New Jersey?”
- “How is the defense of 'Lack of Employment' raised?”
- “How do the courts define an 'independent contractor' in New Jersey” and
- “What about 'undocumented' or illegal workers - can they get benefits as a petitioner in a New Jersey workers' compensation claim?”
Episode 44: Is the Claimant an Employee? The Defense of Lack of Employment in New York
April 17th, 2017
23 mins 9 secs
defenses, lack of employment, lois llc, new york workers' compensation, webinar
Attorney Greg Lois leads a discussion on the defense of Lack of Employment in New York workers' compensation cases.
Episode 43: Legislative Update - New York Workers' Compensation Law Changes
April 12th, 2017
45 mins 9 secs
legislative update, lois llc, new york workers' compensation law, webinar audio
The New York Workers’ Compensation Law was changed on April 10, 2017. Lois LLC held a webinar for clients and guests on how the statutory changes will affect employers, carriers, and self insureds in New York.
Attorney Greg Lois covers the fundamentals and at the end of the presentation, the attendees will have a basic understanding of changes in the new law and how this will affect the handling of New York workers’ compensation cases.
Episode 42: The Second Injury Fund in New Jersey Workers' Compensation Practice
March 28th, 2017
22 mins 59 secs
lois llc, new jersey, second injury fund, workers' compensation law
Audio from the March 27, 2017 webinar presentation on New jersey's Second Injury Fund. Topics discussed include: “What is New Jersey’s Second Injury Fund?” “How does the Fund work?” “Can I get relief from the Fund in my total disability case?” and “How does the contribution of the Fund reduce my exposure?” Attorneys Greg Lois and Michael Gervolino cover the basics of handling cases involving the Second Injury Fund and at the end of the presentation, the attendees will have a basic understanding of what the Fund is, how it works, and how contribution from the Fund may reduce exposure in a total disability case.
Episode 41: Penalties and No Coverage Exposure in New York Workers' Compensation Claims
March 20th, 2017
16 mins 7 secs
lois llc, new york workers' compensation law, penalties, webinar audio
The New York Workers’ Compensation Board collects $3 Million per year in procedural penalties alone. This is a staggering figure - amounting to approximately $300 in penalty for each new case accepted by the WCB. New York is a form-driven jurisdiction, and most common penalties arise from the late filing of required boilerplate forms.
The Workers’ Compensation Law is a minefield of penalties, fines, and criminal complications for the unwary. There are different penalty considerations for employers, claimants, insurers, and even attorneys.
Lois LLC recently presented a webinar designed to help the attendee answer the following questions:
- “What are the most common reasons employers/carriers are penalized in New York?”
- “What are the exposures for non-coverage in New York?”
- What other activity can draw a penalty, such as illegal employment?”
- “What do I do about a penalty?”
Episode 40: Fraud in New York - Third Fridays Podcast
March 17th, 2017
17 mins 51 secs
fraud, lois llc, third fridays
Today's topic is fraud. Attorney Christian Sison welcomes Attorney Usra Hussain to the show to discuss fighting fraud in New York workers' compensation claims. Can employers prove that claimants "knowingly" violate Section 114-a? Is it always beneficial to raise fraud at the outset of a claim? The episode ends with Usra taking her turn at "Guess the Outcome"!
Episode 39: Re-Openers and Appeals in New Jersey Workers' Compensation Claims
February 27th, 2017
14 mins 25 secs
appeals, lois llc, post trial practice, re-openers
Attorney Greg Lois presents an overview of post-trial practice in New Jersey. The presentation is designed to help the listener answer the following questions: “What happens after a trial judgment or settlement is reached?” and “Can the Petitioner reopen the case?” and “Can the Respondent reopen the case?”“What is a commutation?” and “Can the Judge of Compensation be appealed?” Greg Lois will cover the basics of case closures and at at the end of the presentation, the attendees will have a basic understanding of what happens after judgment or settlement.
Episode 38: Appeals of Board Decisions in New York Workers' Compensation Cases
February 20th, 2017
16 mins 6 secs
appeals, appellate, lois llc, new york workers' compensation law, section 23
Two attorneys cover the fundamentals of appeals from Board decisions. Presenters Declan Gourley and Joseph Melchionne have years of experience representing employers and carriers before the Board. The presentation is designed to help the listener answer the following questions:
“Should we appeal the Law Judge’s Decision in a workers’ compensation claim?” and
“Does filing the appeal create a stay?” and
“What are the tactical reasons for appealing the Law Judge?”
“What will the appeal cost?”
At the end of the presentation, the attendees will have a basic understanding of the appeals process, tactical aspects of appeals (stays), and the costs of the various types of appeals available.
Episode 37: Claimants' Attorney Perspective - Third Fridays
February 17th, 2017
23 mins 28 secs
claimants, lois llc, new york, representative, workers' compensation
Christian Sison welcomes guest attorney, Timothy Kane, to the third Episode of the Firm's Third Friday podcast. Christian and Tim discuss Tim’s prior role as a claimant’s attorney in New York Workers’ Compensation cases and how that has helped him to be a zealous advocate for employers. The two of them then talk about using that information to stress aggressive investigation into claims, in preparation for litigation of several issues. After Tim plays “Guess the Outcome,” he and Christian conceptualize the difficulty of rebutting the presumption afforded to claimants pursuant to Section 21 of the New York Workers’ Compensation Law.
Episode 36: Red Flags in New Jersey Section 20 Settlements: Medicare Secondary Payer Issues
January 23rd, 2017
29 mins 28 secs
conditional payments, lois llc, lump sum dismissal, medicare secondary payer, section 20, workers' compensation
Audio from the recent presentation, “Medicare Secondary Payer Issues in New Jersey Workers’ Compensation Claims” from our New Jersey workers’ compensation webinar training series. Attorneys Declan Greg Lois discusses Medicare Secondary Payer exposure and how it effects the settlement via Section 20 in New Jersey workers compensation matters.
Episode 35: Medicare Secondary Payer Issues in New York Workers' Compensation Settlements
January 16th, 2017
21 mins 46 secs
conditional payment, lois llc, medicare secondary payer, new york, section 32, workers' compensation
Here is the post-webinar audio from our January 16, 2017 presentation, “Medicare Secondary Payers Issues in New York Workers' Compensation Settlements" from our New York workers' compensation webinar training series.
Episode 34: Section 40 Liens and Subrogation in New Jersey
December 26th, 2016
17 mins 2 secs
liens, lois llc, new jersey, reimbursement, subrogation, workers' compensation
Attorney Greg Lois presents “Section 40 Liens & Subrogation" from our New Jersey workers' compensation webinar training series. We discuss the types of actions where reimbursement from the proceeds of a third-party (civil) suit is possible, how much reimbursement we are due, and when we can subrogate in New Jersey.
Episode 33: Liens and Subrogation in New York
December 19th, 2016
25 mins 12 secs
liens, lois llc, section 29, subrogation, workers' compensation
Christian Sison, Esq., and Greg Lois, Esq., discuss reimbursement and subrogation under Section 29 in New York workers compensation matters.
Episode 32: Indemnity Exposure Analysis in New Jersey
November 28th, 2016
20 mins 42 secs
exposure, indemnity, lois llc, reserves, workers' compensation
Attorney Joe Jones, partner at Lois LLC, discusses case exposure analysis for the indemnity aspects of a workers' compensation case in New Jersey.