Category Archives: Third Fridays Podcast

#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

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

Third Department Appeals: Third Friday Podcast


Lois Law Firm Partner Christian Sison and guest Timothy Kane review five Third Department decisions that were issued last month. Claimants in these cases alleged neck injuries after decelerating 5 miles per hour in a truck, alleged being smashed like a jelly donut by an elevator, and alleged eye injuries due to pepper spray in a prison.

Christian and Tim discuss these cases and note the difficulty in having the Board’s decisions overturned or reversed. All five of the Third Department cases affirmed the Board’s rulings. This fostered dialogue between Christian and Tim regarding when to go to the Third Department and how we should be proactive at the Board level.
Continue reading Third Department Appeals: Third Friday Podcast

Defending Specific Accident Claims: Third Fridays Podcast


In this podcast, two attorneys discuss defending specific, traumatic loss claims in New York Workers’ Compensation court. Who was the claimant working with? Who was the claimant’s supervisor? What accident reporting or investigation is available? Investigating accidents, working with risk professionals, and preparing the defense. Host Christian Sison is joined by Tashia Rasul, partner at LOIS LLC, to discuss defending specific accident claims in New York workers’ compensation claims.
Continue reading Defending Specific Accident Claims: Third Fridays Podcast

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

Draft Scheduled Loss of Use Guidelines in New York: Third Fridays Podcast


Host Christian Sison welcomes guest Declan Gourley to this episode of Third Fridays to discuss the draft Schedule Loss of Use Guidelines coming into New York workers’ compensation cases in January 2018. The attorneys discuss the first draft Guidelines issued in September 2017, the process whereby claimant’s attorneys persuaded the Board to roll back the improvements, and the final draft version of the proposed Guidelines promulgated in November 2017. The attorneys discuss the likely impact of the draft Guidelines and what to do when they become effective in January 2018.

Continue reading Draft Scheduled Loss of Use Guidelines in New York: Third Fridays Podcast