New York Workers’ Compensation Defense Attorney Jeremy Janis joins Third Fridays podcast host Christian Sison to discuss the “grey area” argument in a recent case involving traumatic injury in a New York workers’ compensation case and the resulting appeal in light of the new scrutiny placed by the Board on cover sheets. This podcast examines the “form over substance” mentality governing the review process at the New York Workers’ Compensation Board.
Continue reading Third Fridays Podcast: The Board’s Increasingly Abstruse Appeal Requirements
After last month’s episode discussed a favorable Board Panel Decision to employers and carriers, life at the Workers’ Compensation Board resumes normal claimant-friendly activity with the recent Third Department decision in Taher v. Yiota Taxi. Andrea Abudayeh joins Christian Sison to discuss how the Taher decision impacts permanency cases involving established schedule and non-schedule sites. How can we best defend cases in a post-Taher world, and how are Judges applying this case going forward?
Continue reading Impact of the Taher v. Yiota Taxis Decision: Third Fridays Podcast
Third Fridays podcast host Christian Sison discusses the favorable Board Panel Decision with Joseph Melchionne, the trial attorney responsible for securing a key win for the firm’s client, recaps how all parties worked together to reach the common goal. Christian and Joseph detail the exact #DefendFromDay1 strategies that were used to defend the case.
Continue reading Third Fridays Podcast: Winning at Trial on Compensability
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
“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
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