All posts by Lois LLC

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

Adoption of Virtual Hearing Technology Reducing Costs in New Jersey

Effective Monday, August 16, 2021, all fifteen New Jersey Workers’ Compensation Court facilities have reopened to attorneys, litigants, court reporters, and staff. The Division of Workers’ Compensation has adopted the use of Microsoft Teams videoconferencing to hold most court proceedings electronically.

The following court proceedings may be held electronically:

  • Routine list markings;
  • Pre-trial conferences;
  • Dismissal for Lack of Prosecution;
  • Hearings on Emergent Motions for Medical and Temporary Disability Benefits (initial conferences);
  • Standard Motions for Medical and Temporary Disability Benefits (initial conferences);
  • Approval of Section 20 (lump sum dismissal) settlements; and
  • Approval of Section 22 settlements (“Order Approving Settlements”).

The Division has also said that other types of proceedings, including “in person” settlement approval hearings, conferences involving the Judge of Compensation, and trials should be held electronically. The Division says that while the Court will allow some “in person” proceedings, the litigants will have to explain why the matter could not be addressed electronically. The Division as instructed all litigants that “in person” settlements, conferences and trials are “highly discouraged.”

Why This Is Good for Employers and Carriers

The use of videoconferencing technology to replace most routing court proceedings should result in the following benefits for employers and carriers in New Jersey:

  • Reduction in defense attorney costs due to reduced “waiting time” in court;
  • Reduction in attorney costs due to most court listings being resolved via teleconference rather than in person.
  • Improved efficiency for defense firms able to appear before multiple judges in one day (due to lack of traveling time) passed on to employers and carriers as cost savings;
  • Should improve speed of case resolution as counsel for the petitioner should be allowed less adjournments due to scheduling conflicts;
  • Reduced costs associated with bringing employer witnesses to hearings and trial proceedings in litigated cases;
  • Reduced costs associated with presenting expert witness testimony.

For comparison, when the New York workers’ compensation system went to mandatory virtual proceedings in 2018, Lois Law Firm clients experienced a drop in average attorneys costs of 26%.

Why This Is Good for Petitioners and Their Attorneys

  • Easier access to court proceedings for both Petitioners’ counsel and their client;
  • Less grounds for adjournments due to scheduling conflicts of Petitioners’ attorney (where petitioner counsel is scheduled for proceedings in two courts on the same day, counsel for the petitioner would typically adjourn one proceeding in favor of the other);
  • Improve speed of case resolution, leading to faster awards or settlements for injured workers.
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Video: The Carrier’s Rights Under Kelly, Burns, & Bissell

The “Major Monday’s” Webinar

In this video, “The Carrier’s Rights Under Kelly, Burns, and Bissell,” Christopher Major explores the carrier’s right to reimbursement and subrogation under Section 29 of the New York workers’ compensation law. This video was recorded live from training provided by Lois LLC on August 9, 2021.

Major discusses the following:

  • There’s no such thing as 1/3rd, 1/3rd, 1/3rd in New York!
  • How Kelly apportionment works with examples.
  • How the Burns decision impacts recovery for Loss of Wage Earning Capacity awards.
  • Understanding how the share of litigation expense impacts recovery.
  • What the Matter of Stenson means for lien waiver.
  • The Bissell decision and speculative medial expenses.

Watch here now or below.

To register for our Civil Litigation Webinar Series, a monthly discussion of recent case law developments and best practices for handling civil claims and reimbursement actions, click the button below (or register here).

Continue reading Video: The Carrier’s Rights Under Kelly, Burns, & Bissell

Video: Coordinating Multijurisdictional Construction Litigation Using Milestones

In this video taken from her popular webinar series, Tashia Rasul leads a discussion and answers questions about using litigation milestones to coordinate counsel representing construction entities in actions pending in civil court and workers’ compensation court at the same time.

Tashia is a partner at Lois Law Firm and Construction Defense Team Leader. This video is from a live webinar recorded on August 2, 2021.

In this video, Tashia talks about:

  • Coordinating litigation proceeding in both workers’ compensation court AND a civil court;
  • Milestones in a typical workers’ compensation proceeding in New York;
  • Milestones in a construction general liability action in New York.
  • Best Practices for reaching global settlements, including advice on mediation strategy.

Tashia is a partner at Lois Law Firm and Construction Defense Team Leader. This video is from a live webinar recorded on August 2, 2021. Here’s a direct link to watch this video now: link to video (registration required).

How to attend these webinars live and ask questions.

To register for our Construction Litigation Webinar Series, a monthly discussion of recent case law developments and best practices for handling construction accident claims in New York, click the button below (or register here).

Continue reading Video: Coordinating Multijurisdictional Construction Litigation Using Milestones

Update on Medical Treatment Guidelines: New York Workers’ Compensation Webinar

Join Us for This Live Webinar on Monday August 16, 2021 at 12PM EST or 3PM EST

In this LIVE webinar on Monday, August 16, 2021, Greg Lois leads a discussion and answers questions on medical benefits in New York. This webinar is offered at two different times, always on the Third Monday of the month, at 12:00 PM and 3:00 PM EST.

We will discuss:

  • The basics of the Medical Treatment Guidelines.
  • Overview of variances and authorizations.
  • Review of the Drug Formulary and Medical Fee Schedule.
  • Answers to common medical treatment issues.

To register for our New York Workers’ Compensation Webinar Series, a monthly discussion offered at your choice of time in two sessions, click the buttons below (or register here).

Continue reading Update on Medical Treatment Guidelines: New York Workers’ Compensation Webinar

Carrier’s Rights Under Kelly, Burns & Bissell: Civil Litigation Webinar

Join Us for This Live Webinar on Monday, August 9, 2021 at 3:00 PM EST

In this live webinar, “Carrier’s Rights under Kelly, Burns & Bissell in New York,” Christopher Major, Civil Practice Team Leader at Lois Law Firm, leads a presentation and discussion on the limits of reimbursement under New York’s controlling case law. Join us for this live discussion and Q & A.

Major will discuss the following:

  • The maximum reimbursement value from the proceeds of third-party claim
  • What risk professionals need to know about the limits of reimbursement from civil actions to workers’ compensation carriers.
  • Examples from actual cases including a “how to” guide to calculations.
  • How recent case decisions will impact the practice in 2021 and beyond.

To register for our Civil Litigation Webinar Series, a monthly discussion of recent case law developments and best practices for handling civil claims and reimbursement actions, click the button below (or register here).

Continue reading Carrier’s Rights Under Kelly, Burns & Bissell: Civil Litigation Webinar

Video: How NOT to Defend a Wage Reconstruction Case in New Jersey

In this video, Greg Lois discusses wage reconstruction in New Jersey workers’ compensation cases.  This video is from a live webinar provided to clients on July 26, 2021.

Topics discussed:

  • What is Wage Reconstruction?
  • When wage reconstruction is appropriate;
  • When you should challenge wage reconstruction;
  • Live Q & A on topic.
Continue reading Video: How NOT to Defend a Wage Reconstruction Case in New Jersey