All posts by Lois LLC

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

New Board Panel Decision on Pre-Hearing Conference Statements

Lois Law Firm obtained a Board Panel Decision on May 11, 2018 affirming the law judge’s decision to disallow a claim on the substantive merits of the claim, but the Board also (for the first time) specifically ruled that the employer’s Pre-hearing Conference Statement was sufficient on its face to assert and maintain all defenses. In addition, the Board also determined that the PH-16.2, as submitted, was sufficient to permit the production of an employer witness that was not specifically requested in the PH-16.2.

Download the full decision here: Pabon v. Crown Energy (47 downloads)

#DFD1: Third Fridays Podcast


For the first time in the show’s history, Third Fridays podcast host Christian Sison comes to you live and without any guests. The topic is #DefendFromDay1, and the show focuses on how the movement began, how it can be currently implemented, and how we can use it for the future.

Within the construct of #DFD1, Christian reviews a recent Appellate Division case involving conflicting medical testimony on the causal relationship of a requested surgery. In analyzing the Court’s decision, it becomes clear that #DFD1 strategies would have best been used to procure an IME report much sooner and with the benefit of the pre-accident records. As to the future, Christian projects an interesting possibility as to how the Board may use medical records and testimony, in light of its recent trend towards efficiency and expediency.
Continue reading #DFD1: Third Fridays Podcast

Download Best Practices for Dual Jurisdiction Claims

This is the PDF (Adobe Acrobat) version of “Best Practices in Dual Jurisdiction Cases: New York General Liability and Workers’ Compensation. Subtitle: A Practical Protocol for Coordinating Workers’ Compensation and General Liability Defense Counsel in Catastrophic Construction Cases.” By Gregory Lois, Esq.

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Need multiple copies for your team? Contact Greg.

Understanding Jurisdiction Under the Longshore Act

The Longshore and Harbors Workers’ Compensation Act (“LHWCA”) covers longshore/harbor workers and other maritime workers. The Act has also been applied to certain other workers under the Defense Base Act.​

“Status” and “situs.”

The LHWCA set forth the requirements for coverage. “Status” refers to the nature of the work performed; “situs” refers to the place of performance.

Status

The employee claiming benefits under the LHWCA must be engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, including any harbor-worker including a ship repairman, shipbuilder, and ship-breaker. There are specific exclusion which apply to status (see below). Continue reading Understanding Jurisdiction Under the Longshore Act

Video: The Defense of Non-Employment in New Jersey

Attorneys Karen Vincent and Chris Diaz of the Lois Law Firm present a webinar on the defense of “lack of employment” in New Jersey workers’ compensation claims.

Subject: New Jersey, Workers’ Compensation Law, Second Injury Fund
Date Presented: April 23, 2018
Presenter: Greg Lois and Karen Vincent
Run time: 21:42 Continue reading Video: The Defense of Non-Employment in New Jersey

State of Virtual Hearings: Third Fridays Podcast


“Virtual Hearings” have been a real thing in New York Workers’ Compensation for almost 6 months now. What works and what doesn’t work? Does it help or hurt employers and carriers? Host Christian Sison invites attorney Declan Gourley to the podcast for a brief discussion regarding their experiences with New York State’s interesting new technology. The two attorneys debate over whether this is ultimately good or bad for all parties involved and predict what the Virtual Hearing world will look like, one year from now.
Continue reading State of Virtual Hearings: Third Fridays Podcast