Category Archives: Defenses

Defenses to New York Workers’ Compensation Claims

Workers’ Compensation benefits are analogous to no fault benefits because the employee will be entitled to benefits regardless of whether the employee was negligent in causing the injury or death. By the same token, an employer’s negligence is not considered. Comparative negligence, contributory negligence, or the act of God doctrines are not applicable in determining entitlement to workers’ compensation benefits in New York. Pierce v. Young, 252 N.Y. 520 (1929).

There are some exclusions from compensation. Keep these possible defenses handy when analyzing claims. Continue reading Defenses to New York Workers’ Compensation Claims

Notice as a Defense in Longshore Claims

It is the claimant’s burden to establish timely notice. Notice of an injury or death for which compensation is payable must be given within 30 days after injury or death, or within 30 days after the employee or beneficiary is aware of, or in the exercise of reasonable diligence or by reason of medical advice should have been aware of, a relationship between the injury or death and the employment. 33 U.S.C. § 912(a). The claimant is provided a presumption that timely notice has been provided. Shaller v. Cramp Shipbuilding & Dry Dock Co., 23 BRBS 140 (1989). Where one injury arises out of an accident has been reported, the claimant does not have to give separate notice of other injuries resulting from the same incident. Thompson v. Lockheed Shipbuilding & Constr. Co., 21 BRBS 94 (1988). Continue reading Notice as a Defense in Longshore Claims

Video: Defending Repetitive Use and Occupational Exposure Claims in New York

Attorneys Declan Gourley and Kristen Kapur lead a presentation and answer questions on environmental exposure and repetitive uses issues in New York workers’ compensation claims.

Subject: New York, Workers’ Compensation Law, Occupational exposure, repetitive use
Date Presented: September 18, 2017
Presenter(s): Jeremy Janis and Greg Lois
Run time: 13:52
Continue reading Video: Defending Repetitive Use and Occupational Exposure Claims in New York

Video: Defending Motions for Med & Temp in New Jersey

This is video from a live presentation from attorney Greg Lois and answers the following questions: “How do I defend a Motion for Med and Temp in New Jersey?” and “What medical treatment is required under the statute?” and “What are the common defenses used by a Respondent when facing a motion?”

At the end of the presentation, attendees will understand what a Motion for Temporary and Medical Benefits is, what exposures are posed by the motion, and how to best defend the motion.

Subject: New Jersey, Workers’ Compensation Law, benefits, Temporary Disability
Date Presented: August 28, 2017
Presenter(s): Greg Lois
Run time: 27:25 Continue reading Video: Defending Motions for Med & Temp in New Jersey

The Going and Coming Defense in New Jersey Workers’ Compensation Claims

Attorneys Karen Vincent and Joe Jones will discuss the issues surrounding off-premises accidents. They will address injuries arising during commutes to work, paid travel time, and business travel. The two litigators will discuss various fact scenarios as examples of when an off-premises injury will be and will not be considered compensable by the courts. At the end of the presentation attendees will have a basic understanding of the “Going and Coming” defense under the New Jersey Workers’ Compensation Act and case law.

Subject: New Jersey, Workers’ Compensation Law, Going and Coming, Off Premises
Date Presented: June 26, 2017
Presenter(s): Karen Vincent, Esq. and Joe Jones, Esq.
Run time: 14:20 Continue reading The Going and Coming Defense in New Jersey Workers’ Compensation Claims