Attorney Joe Jones leads a presentation on New Jersey’s mandatory e-Filing program now in place for all workers’ compensation cases. Jones discusses the system, how to set it up, and how it can benefit respondents litigating in New Jersey’s Division of Workers’ Compensation. The video (below) is from the live presentation provided to the Firm’s clients on March 25, 2019.
Continue reading Video: Mandatory E-Filing Comes to New Jersey Workers’ Compensation Claims
LOIS attorney Joseph Melchionne was successful in getting the court to disallow a claim against our client in a matter in which the claimant alleged that she was bitten by a mosquito while on a work mission trip to Uganda, Africa in 2012, causing her to contract Malaria. The claimant argued that during her work-related trip to Uganda in 2012 and in the seven (7) years since, she has become permanently unable to return to work as a result of contracting Malaria and as a result of the Malaria she has suffered a myriad of co-morbid medical conditions such as Chronic Inflammatory Response Syndrome (CIRS), a brain tumor, postural orthostatic tachycardia syndrome (POTS), and other conditions. After subpoenaing over fifty (50) of the claimant’s treating doctors’ medical records, conducting medical depositions, and cross-examining the claimant at trial, the court found that there was no definitive documentary or medical proof connecting the claimant’s alleged case of Malaria to any of her complaints, and as such, the claim must be disallowed on the basis of insufficient medical causation. The court disallowed the claim in its entirety against the carrier.
Case: KB v. KC;
Court: Manhattan
Lois Attorney: Joseph Melchionne, Esq.
Lois Law Firm LLC is a trial firm representing employers. We focus on complex and catastrophic workers’ compensation losses in New York and New Jersey and our lawyers have tried some of the most important worker’s compensation matters for the largest companies in the world. Our clients rely on us to aggressively defend them from baseless, predatory lawsuits filed by current and former employees.
With offices in New York and New Jersey, Lois Law Firm is the preeminent workers’ compensation defense firm. Founded by managing partner Greg Lois our experienced trial lawyers are devoted to the diligent and aggressive defense of high exposure claims.
The firm’s partners are nationally recognized advocates who have consistently achieved success in defending employers in thousands of workers compensation trials and hearings. “Our team approach to the defense of each case is important,” says partner Declan Gourley. “Our partners lead teams consisting of associates and paralegals who collaborate on cases. This collaboration fosters intimate familiarity with each cases detail and nuances and allows its defense to be strengthened throughout the course of litigation.
“We have a track record of resolving cases that appeared unwinnable,” add partner Tashia Rasul. “Through our aggressive representation, we have repeatedly prevailed in challenging venues and with equally challenging facts.”
“Our experience in the courtroom, in the trial of significant cases, and our reputation among the bench and bar set us apart from other litigation defense firms,” says partner Christian Sison. “The depth, knowledge, and expertise of our trial partners and associates enable us to obtain the best results for our clients.”
“Our partners all come from different backgrounds, yet all share a belief that hard work and integrity yield the best results and forge lasting relationships,” says partner Joe Jones. “These principles are the cornerstones of our firm’s practice and are reflected in our daily approach to our clients, adversaries, ad the practice of law.”
Lois Law Firm releases the practical guide “Best Practices in Dual Jurisdiction Cases: New York General Liability and Workers’ Compensation” following Partner Tashia Rasul’s well-received panel discussion at the Claims Litigation Management Conference in Orlando Florida on March 14, 2019. The guide is a practical protocol for coordinating workers’ compensation and general liability defense counsel in catastrophic construction cases. The guide is available here: https://loisllc.com/downloads/download-best-practices-for-dual-jurisdiction-claims/
Tashia Rasul is a partner at LOIS where she defends employers in New York workers’ compensation matters and leads the Construction Defense Practice team. She frequently visits construction and other work sites to develop defense strategies. Tashia routinely handles complex cases involving occupational injuries, pulmonary diseases and catastrophic injuries.
In addition to her busy trial practice, Tashia leads the Firm’s Diversity Committee. Tashia is active in the National Alliance of Women in Workers’ Compensation, a think tank of engaged female thought leaders committed to discussing challenges and emerging trends in the Workers’ Compensation industry.
Before joining Lois LLC, Tashia was an in-house counsel for a national insurance company, where she handled personal injury protection (PIP) and “No-fault” cases. Tashia has also represented school boards, police departments and municipalities in cases involving claims against Public entities under New Jersey’s Title 59.
On March 25, 2019 the New York State Workers’ Compensation Board will complete its technology upgrade to all workers’ compensation courts throughout the state. This transition to mandatory, statewide virtual hearings caps off a year-long project by the Board to roll out virtual hearings across the State and make attorney check in through the virtual hearing system a requirement across the entire system. Lois Attorneys Christian Sison and Managing Partner Greg Lois discuss what this means for employers and carriers.
In a case decided March 18, 2019 the allegations of neck and back injury were disallowed despite two separate IME reports conceding causation. Although the case was established for schedulable sites pursuant to §21 despite “vast inconsistencies” in the claimant’s case – this win was the direct result of seeking to cross-examine the claimant’s physician immediately at the pre-hearing conference, and not waiting to “see what the IME says” (which is a common practice).
Case: TM v. SPC;
Court: Manhattan
Lois Attorney: Timothy Kane, Esq.
