Attorneys Christopher Major and Greg Lois present a webinar on carrier recovery through reimbursement and subrogation under New Jersey’s Section 40 (N.J.S.A. 34:15-40). They discuss the impact of recent cases, such as the December 11, 2017 Supreme Court decision in Vitale v. Schering Plough and the November 22, 2017 Appellate Decision in Pino v. Polanco. The attorneys discuss reimbursement to the carrier/employer from the proceeds of civil actions as well as tactics for maximizing recovery – including practical negotiation tips for dealing with plaintiff’s attorneys who always demand a lien reduction to “1/3rd.”
Title: “Reimbursement from Tort Recoveries under Section 40 (N.J.S.A. 34:15-40) in New Jersey Workers’ Compensation Cases (Reimbursement and Subrogation).”
Attorneys Gregory Lois and Christopher Major lead a presentation and discussion on how an employer or carrier obtain reimbursement from the proceeds of civil lawsuits or pursue subrogation in New Jersey workers’ compensation cases.
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The presentation is in two parts: first, a fifteen-minute introduction to a specific topic in New Jersey workers’ compensation (focusing on practical claims-handling), and then an open “question and answer session” (Q&A is not limited to the topic). These webinars are perfect for your team members who need state-specific training or a refresher course for these jurisdictions. Participants can join by computer or can call in and listen on the conference line (no computer needed).
Attorneys Christopher Major and Glenn Johnston lead a presentation on Section 29 reimbursement and subrogation in New York workers’ compensation claims. The attorneys discuss reimbursement to the carrier/employer from the proceeds of civil actions as well as tactics for maximizing recovery – including negotiation tips for dealing with plaintiff’s attorneys who always demand a lien reduction to “1/3rd.”
Continue reading Video: Section 29 Reimbursement, Lien recovery, and Subrogation in New York
Title: “Evaluating Cases for Exposure in New York.” (Indemnity Benefits, Exposure)
Register for our monthly webinar series:
All webinars begin with a 10-15 minute overview of a general topic, and then a Q & A session is held for the balance of the time. Questions can be on any topic in workers’ compensation law (not limited to the topic). Handout materials are provided in advance of each session.
When seeking reimbursement on behalf of a carrier or employer under New York Workers’ Compensation Law Section 29 (“Section 29”) or N.J.S.A. 34:15-40 (“Section 40”) a particular scenario arises all too frequently: one of the other parties asking that the reimbursement right be reduced by equal measure against all parties; the “one-third, one-thirds one-third” offer. The carrier does not have to accept this reimbursement offer and in many cases should not!
At the most simplified level there are three prospective recipients of any settlement value in a civil case that involves a Section 29 or Section 40 lien: the claimant/petitioner, the third-party plaintiff’s attorney and the employer or workers’ compensation carrier. In this basic three-party structure, an even split of the settlement proceeds in to thirds would seem to make logical sense. In fact, the third-party plaintiff’s attorney will frequently assert that this is the “norm,” and that this is how “every case” ultimately resolves. They will also usually proffer some rationale as to why the Section 29 or Section 40 lien should be compromised, typically regarding issues with liability and allegedly poor chances of success at trial. Essentially, their argument is that some reimbursement is better than no reimbursement, and therefore the lien should be compromised to induce the claimant/petitioner’s consent to settlement. When it comes to such arguments, however, it is vital to keep in mind the legislative intent behind Section 29 and Section 40 and the protection the courts give that intent.
Here is the post-webinar video from our most recent presentation, “Liens and Subrogation in New York” from our New York workers’ compensation webinar training series. Christian Sison, Esq., and Greg Lois, Esq., discuss reimbursement and subrogation under Section 29 in New York workers compensation matters.
Subject: New York, Workers’ Compensation Law, Section 29, liens, reimbursement, subrogation
Date Presented: December 19, 2016
Presenter(s): Christian Sison, Esq., and Greg Lois, Esq.
Run time: 25:18 Continue reading Post-Webinar Video: Reimbursement and Subrogation under Section 29 in New York