Category Archives: New York

Lois LLC Welcomes Adam Lowenstein to New York Defense Practice

Today the Firm welcomes Adam Lowenstein who joins the New York Workers’ Compensation Defense Practice at Lois LLC. A seasoned litigator, Adam’s prior experience includes representing claimants before the Board, where he handled all aspects of workers’ compensation cases from start to finish. This includes hearings, trials, depositions, client intakes, appointments, appeals and settlement negotiations. A true litigator, Adam regularly appears in courts in Long Island, New York City and all boroughs. Adam will focus on representing insurance companies and self-insured employers before the New York Workers’ Compensation Board. Continue reading Lois LLC Welcomes Adam Lowenstein to New York Defense Practice

Video: Temporary Disability Benefits in New York

Attorneys Elizabeth Perez and Greg Lois discuss the nuts-and-bolts of issuing temporary disability benefits – when the benefits are due, how much to pay, and when benefits can be stopped. They also discuss the new C-258.1 work search form issued by the Board on July 14, 2017 and the newly-changed rate of temporary disability compensation.

Subject: New York, Workers’ Compensation Law, benefits, Temporary Disability
Date Presented: July 17, 2017
Presenter(s): Elizabeth Perez and Greg Lois
Run time: 3306 Continue reading Video: Temporary Disability Benefits in New York

Raising Fraud: No Prior Disclosure Needed for Social Media Posts in New York

What happens when the carrier provides publicly available social media evidence as a basis for fraud and the claimant subsequently makes the social media posts private?  LOIS was recently successful in arguing that prior disclosure of social media evidence obtained by the employer is not required and that an employer/carrier can introduce “private” social media evidence into the case and using it to cross-examine the claimant. Continue reading Raising Fraud: No Prior Disclosure Needed for Social Media Posts in New York

Don’t Forget! July 1st maximum rate change in New York.

New York’s maximum compensation rate – for temporary total disability and permanent total disability – will go up effective July 1st to $870.61. The new, higher rate will be in effect until June 30, 2018.

How is the New York Maximum benefit Rate Calculated?

The maximum weekly benefit rate for workers’ compensation claimants is two-thirds of the New York State average weekly wage for the previous calendar year, as determined by the New York State Department of Labor (Workers’ Compensation Law §§ 2(16);15(6)).

The Department of Labor reported to the Superintendent of the Department of Financial Services that the New York State average weekly wage for 2016 was $1,305.92. Accordingly, the maximum weekly benefit rate is $870.61 for compensable lost time for workers’ compensation claims with dates of accident during the period from July 1, 2017 through June 30, 2018. Continue reading Don’t Forget! July 1st maximum rate change in New York.

Video: The “Going and Coming” Defense in New York

Attorneys John Marzolla and Kristen Kapur will cover the “Going and Coming” rule in New York and its application to cases involving off-premises losses and travel. They will explore the basic presumptions afforded claimants under the Law and discuss applicable defenses. At the end of the presentation attendees will have a basic understanding of when the Going and Coming defense applies under the New York Workers’ Compensation Law.

Subject: New York, Workers’ Compensation Law, Defenses, Going and Coming
Date Presented: June 19, 2017
Presenter(s): John Marzolla and Kristen Kapur
Run time: 12:36 Continue reading Video: The “Going and Coming” Defense in New York

Labor Market Attachment – Third Fridays Podcast

In this episode, attorneys Christian Sison and Declan Gourley discuss the defense of “Labor Market Attachment” in New York workers’ compensation cases on the Third Fridays podcast. The attorneys discuss the impact of the changes to the law enacted by the Legislature in April 2017. Continue reading Labor Market Attachment – Third Fridays Podcast