Category Archives: Appellate Practice

Video: Coronavirus & Workers’ Compensation: Your Questions Answered

In this video, Gregory Lois provides an overview of how potential coronavirus claims are handled under the New Jersey, New York, and Federal Longshore and Harbor Workers’ Compensation Acts! This video is from a live presentation on March 9, 2020.

In this video, Greg provides answers to common questions, such as:

  • What are the state’s laws regarding the compensability of exposure to the virus? When would it be covered, when would it not be covered?
  • If an employee tests positive and an employer shuts down work for two weeks for quarantine, is there any WC coverage afforded to quarantined employees who are not sick with the virus?
  • If an employee tests positive, does the WC policy cover the employer testing employees for the virus?
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Video: Appeals and ReOpeners in New Jersey

Attorney Greg Lois leads a discussion on appeals (very quickly) and reopeners (most of the presentation). This presentation focuses on the practical approach to bringing reopener cases to closure (or avoiding them altogether!) This video is from a live webinar provided to clients on February 24, 2020.

Topics discussed:

  • When to appeal decisions of New Jersey Workers’ Compensation trial courts.
  • Strategic and tactical impact of appeal on New Jersey workers’ compensation claims.
  • Overview of Application for Review or Modification of Formal Award claims (“ReOpeners”).
  • Practical ways to bring reopener claims to closure.
  • Discovery and litigation strategy specific to reopener claims.
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Video: Appeals and Post-Trial Practice in New York Workers’ Compensation

In this video, Tashia Rasul, Partner at LOIS, provides an overview of appeals and post-trial practice in New York workers’ compensation cases! This video is from a live presentation on February 17, 2020.

In this video, Tashia provides answers to common questions, such as:

  • What decisions can be appealed.
  • Tactical and strategic considerations in deciding to file an appeal.
  • Costs and practical considerations for appealing workers’ compensation trial decisions.
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Proofs Required to Oppose Motion for Benefits In New Jersey

The New Jersey Appellate Division recently rendered a decision on October 10, 2019 dealing with the quality of proofs required when filing a Med/Temp Motion or the opposition to same.  While the decision is “unpublished” and therefore not binding precedent upon any court,  the takeaways from the Appellate Division’s decision are useful for claims professionals and attorneys when obtaining proofs, considering proofs and ultimately submitting proofs to the court in opposition to Motion for Medical and Temporary Disability benefits.

NJ Workers’ Compensation rules provide that affidavits, certifications or medical reports may be submitted in support of, or in opposition to, a Motion for Medical and Temporary Benefits but those proofs must meet certain standards to be considered by the Court.

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