All posts by Lois LLC

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

Post-Webinar Video: The Going-and-Coming Defense in New York

Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Click here to register. Here is the post-webinar video from our most recent presentation, “The Going and Coming Defense” from our New York webinar training series. The complete archive of prior presentations is here.

Subject: New York, Workers’ Compensation Law, Defenses
Date Presented: June 20, 2016
Presenter(s): Tashia Rasul, Esq., and Emily Flasz, Esq.
Run time: 18:58 Continue reading Post-Webinar Video: The Going-and-Coming Defense in New York

Limits to Recovery in a New York Loss Transfer Claim.

In a previous post, we discussed the process of Loss Transfer and specifically why it matters to Workers’ Compensation carriers.  In connection with the Workers’ Compensation aspect, a workers’ compensation carrier can recover up to $50,000.00 by way of arbitration in a Loss Transfer claim through the Arbitration Forums.  However, this does not mean that you can simply assert a right to $50,000.00 against another insurance company and think this is enough. Indeed, when arbitrated, liability still has to be proven as well as damages. Continue reading Limits to Recovery in a New York Loss Transfer Claim.

Introduction to Independent Medical Examinations

The purpose of an IME

The purpose of an Independent Medical Examination (“IME”) in a workers’ compensation claim is to determine the cause of injury (causal relationship) and the extent of the disability from the injury. The IME can also be utilized to determine if there is any further causally related disability, maximum medical improvement and permanency. Continue reading Introduction to Independent Medical Examinations

Post-webinar video: Common Defenses in New Jersey

Here is the post-webinar video from our most recent presentation, “Common Defenses in New Jersey” which explore some of the legal defenses available under the New Jersey Workers’ Compensation Act and case law. To join us for our monthly webinars on New York and New Jersey workers’ compensation law, Click here to register.

Subject: New Jersey, Workers’ Compensation Law, Employee-Employer, Defenses
Date Presented: May 23, 2016
Presenter(s): Joe Jones, Esq., and Michael Gervolino, Esq.
Run time: 28:47
The complete archive of prior presentations is here. Continue reading Post-webinar video: Common Defenses in New Jersey

Post-Webinar Video: Common Defenses in New York

Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Click here to register. Here is the post-webinar video from our most recent presentation, “Common Defenses” from our New York webinar training series. The complete archive of prior presentations is here.

Subject: New York, Workers’ Compensation Law, Defenses
Date Presented: May 16, 2016
Presenter(s): Steven Bedoya, Esq., and Joseph Melchionne, Esq.
Run time: 23:32 Continue reading Post-Webinar Video: Common Defenses in New York

The “Coming and Going” Rule in New York

The “Coming-and-Going” rule under New YorkWorkers’ Compensation Law 

Under the Workers’ Compensation Law there is a presumption that if an accident occurs in the course of employment it is presumed to arise out the employment. The “coming and going” rule under the Workers’ Compensation Law states that employees are not deemed to be in the course of their employment when they are traveling to-and from-work. Matter of Neacosia v. New York Power Authority, 85 NY2d 471 (N.Y. App. Div. 3d Dep’t 1995); Matter of Davis v. Labor Ready, 69 A.D.3d 1214, 1215 (N.Y. App. Div. 3d Dep’t 2010). Thus, an injury that occurs during such commuting activities is typically not compensable.

The test for determining whether specific activities are within the scope of employment or purely personal is whether the activities are both reasonable and sufficiently work related under the circumstances. Matter of Neacosia v. New York Power Authority, 85 NY2d 471 (N.Y. App. Div. 3d Dep’t 1995). Continue reading The “Coming and Going” Rule in New York