Video: Penalties and No Coverage Exposure in New York

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?”

Attorney Greg Lois covers the fundamentals and at the end of the presentation, the attendees will have a basic understanding of New York penalties and exposures in workers’ compensation cases.

Subject: New York, Workers’ Compensation Law, Penalties
Date Presented: March 20, 2017
Presenter(s): Greg Lois, Esq.
Run time: 16:07 Continue reading Video: Penalties and No Coverage Exposure in New York

Fraud – Third Fridays Podcast

Today’s topic is fraud. Attorney Christian Sison welcomes New York defense litigator 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”! Continue reading Fraud – Third Fridays Podcast

Calculating Average Weekly Wage for Seasonal Employees in New York

We all are aware of the significance in setting a claimant’s average weekly wage.  It has both a current effect and future effect.  The average weekly wage results in current exposure when a Law Judge awards temporary disability benefits for causally-related lost time.  It also forms the foundation of future exposure when parties litigate permanency or analyze the claim for settlement purposes.

Most often, the calculation of average weekly wage is simple mathematics:  gross wages divided by fifty-two (52) weeks.  Also common is the employee who did not work for a full calendar year prior to the accident, which entitles him or her to seek the average weekly wage of a similar worker.  Seasonal employees present a different scenario for the calculation of average weekly wage, and based on a recent Board Panel Decision, all parties still require some clarity on the issue.  Continue reading Calculating Average Weekly Wage for Seasonal Employees in New York

Video: Appeals and Reopeners in New Jersey

Here is the post-webinar video from our most recent presentation, “Appeals and Reopeners in New Jersey Workers’ Compensation Cases” from our New Jersey workers’ compensation webinar training series.

Subject: New Jersey, Workers’ Compensation Law, Section 20, Order Approving Settlement, Reopener
Date Presented: February 27, 2017
Presenter(s): Greg Lois, Esq.
Run time: 14:25 Continue reading Video: Appeals and Reopeners in New Jersey

Video: Appeals of New York Workers’ Compensation Board Decisions

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 attendee 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.

Subject: New York, Workers’ Compensation Law, Appeals
Date Presented: February 20, 2017
Presenter(s): Declan Gourley, Esq. and Joseph Melchionne, Esq.
Run time: 16:05 Continue reading Video: Appeals of New York Workers’ Compensation Board Decisions

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