All posts by Lois LLC

Defending Employers in New York, New Jersey, and Longshore.

Video: Section 20 Lump Sum Dismissals and Medicare Secondary Payer in New Jersey

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.

Subject: New Jersey, Workers’ Compensation Law, Exposure, Permanency, MMI
Date Presented: January 22, 2018
Presenter: Greg Lois
Run time: 34:34

Continue reading Video: Section 20 Lump Sum Dismissals and Medicare Secondary Payer in New Jersey

Litigation waivers, Assumption of Risk, and the General-Special Employee: Third Friday Podcast


Host Christian Sison welcomes guest Christoper Major to this episode of Third Fridays for a follow-up discussion on the Appellate Division and Supreme Court’s decision in Vitale v. Schering Plough containing an analysis of contracts of employment where an employee waives the right to pursue damages when injured by the acts of the employer’s client or customer. Continue reading Litigation waivers, Assumption of Risk, and the General-Special Employee: Third Friday Podcast

Friday F.A.Q.: “What is general and special employment?”

In New York, there is a distinction between a general employer and a special employer for the purpose of liability in a workers’ compensation claim. The general employer is the one who hires and pays the employee and the special employer is the one for whom work is done. The classic general and special employer situation is a staffing agency that provides workers to another entity.

The issue of general and special employment is not automatically addressed by a Law Judge. It can be used as a defense to liability, or even raised by the claimant in situations where he knows his employer does not have workers’ compensation coverage. The issue must be litigated, and this means the production of lay witnesses, contractual documents, job descriptions, and workers compensation policies, if applicable. Continue reading Friday F.A.Q.: “What is general and special employment?”

Medicare Secondary Payer Set-Asides and Conditional Payments in New York Workers’ Compensation Cases

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.

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Video: New Schedule Loss of Use Guidelines in New York

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.

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Training on 2018 New York Impairment Guidelines

2018 Impairment GuidelinesThe Board has adopted New Guidelines for Determining Impairment. These are the same Guidelines which were proposed in November 2017. 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. For cases where an impairment rating report was submitted before January 1, 2018, the 2012 Guidelines will apply. The new Guidelines are here.

Training on the New Guidelines.

We will be running training on the new Guidelines, led by LOIS partner Christian Sison, on January 8, 2017 in multiple sessions. Register here:
Register for 12PM EST January 8 – New Guidelines Training
Register for 3PM EST January 8 – New Guidelines Training

Both webinars are LIVE and Questions-and-Answer sessions will be held.