All posts by Lois LLC

Defending Employers in New York, New Jersey, and Longshore.

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

Initial Reporting and Denial of Longshore Claims

What happens immediately after the alleged injury occurs?

  • The employee must notify the employer immediately. If medical treatment is sought the employer must provide the claimant with Form LS-1, which authorizes treatment by a doctor of the employee’s choice. Unless otherwise noted, as of publication, all forms to be filed with the OWCP Division of Longshore and Harbor Workers’ Compensation can be found at http://www.dol.gov/owcp/dlhwc/lsforms.htm.
  • The claimant will then receive medical treatment.The claimant must provide written notice of the injury within 30 days to the employer on Form LS-201. 33 U.S.C. § 912(a). Notice of death must also be given within 30 days. Additional time is provided for certain hearing loss and occupational disease claims.
  • (Elective – does not happen in all cases). To obtain permanency and some other benefits under the Act, the injured worker must file either Form LS-203 or a written statement identifying the alleged injury and stating that the identified claimant is seeking benefits. This must be filed within one year after injury, or, if the employer or its insurer has made voluntary payments, within a year after the last payment. If the alleged condition is an “occupational disease” rather than a specific accident, the filing period is two years from the date it was recognized as employment-related and disabling character.

​Forms & Procedure – Controverting claims

An employer contesting the right to compensation must file a Notice of Controversion of Right To Compensation with the District Director on or before the fourteenth day, after knowledge of the alleged injury or death (from the date the claimant files Form LS-207). Following the filing of a Notice of Controversy, an informal conference will be scheduled at the District Office and a Longshore claims examiner will preside over an informal conference to discuss and potentially resolve the dispute. This conference will be held approximately one to three months following the filing of the request.

The informal conference can take place over the phone or in the district office where the case is venued.

If the issues cannot be resolved informally at the informal conference, the parties will be directed to file a Pre-Hearing Statement. The Pre-Hearing Statement is form LS-18, and can be submitted electronically (through SEAPortal). The case will then be referred to the Office of Administrative Law Judges for a formal hearing. An Administrative Law Judge will issue a formal decision and order regarding the benefits claimed.

Does Longshore Coverage Apply?

We defend employers and carriers in workers’ compensation claims arising under the Longshore and Harbor Workers’ Compensation Act in litigation before the U.S. Department of Labor and the U.S. Office of Administrative Law Judges.

We analyze whether Longshore jurisdiction applies, defend claims, and pursue lien recovery. Contact us.

Video: The Second Injury Fund in New Jersey

Attorneys Karen Vincent and Greg Lois of the Lois Law Firm explain how New Jersey’s Second Injury Fund works, when relief can be obtained from the Fund, and strategies for maximizing the contribution of the Second Injury Fund. The presentation includes a practical step-by-step illustration of the impact of Fund contribution in a total disability case with pre-existing conditions.

Subject: New Jersey, Workers’ Compensation Law, Second Injury Fund
Date Presented: March 26, 2018
Presenter: Greg Lois and Karen Vincent
Run time: 23:08 Continue reading Video: The Second Injury Fund in New Jersey

LOIS LLC Welcomes Andrea Abudayeh to New York Workers’ Compensation Defense Practice

Today the Firm welcomes attorney Andrea Abudayeh who joins the New York Workers’ Compensation Defense Practice at Lois LLC.

Associate attorney Andrea Abudayeh concentrates her practice at LOIS on defending employers and carriers in New York workers’ compensation claims. Andrea’s prior experience includes years as Supervising Attorney for a well-regarded claimant’s practice, representing claimants before the Board, where she handled all aspects of workers’ compensation cases from start to finish. This includes hearings, trials, depositions, client intakes, appointments, appeals and settlement negotiations. A true litigator, Andrea regularly appears in Manhattan, Brooklyn, and Staten Island.. Continue reading LOIS LLC Welcomes Andrea Abudayeh to New York Workers’ Compensation Defense Practice

Video: Penalties and “No Coverage” Exposure in New York

This video from our March 19, 2018 webinar presentation is designed to answer the following questions:

  • “What are the most common causes for penalties in New York?” and
  • “How do we avoid case-level penalties?” and
  • “What can we do to mitigate or resolve a penalty issue?”

Presenter Greg Lois has years of experience representing employers and carriers before the Board. At the end of the presentation, the attendees will have a basic understanding of the common penalties, tactics to avoid penalties, and the potential to mitigate or resolve some penalties.

Continue reading Video: Penalties and “No Coverage” Exposure in New York

Video: Appeals and Reopeners in New Jersey

Attorneys Joe Jones and Karen Vincent of the Lois Law Firm discuss appeals and reopeners of New Jersey workers’ compensation cases from the defense perspective.

Subject: New Jersey, Workers’ Compensation Law, reopens, appeals
Date Presented: February 26, 2018
Presenter: Joe Jones and Karen Vincent
Run time: 26:46

Continue reading Video: Appeals and Reopeners in New Jersey