Category Archives: Benefits

Evaluating Cases for Permanency Exposure: New York Workers’ Compensation Webinar

Join Us for This Live Webinar on Monday November 15, 2021 at 12PM EST or 3PM EST

In this LIVE webinar on Monday, November 15, 2021, Greg Lois leads a discussion and answers questions on evaluating claims for permanency exposure in New York. We will focus on the recent case law and practical advice on how to minimize the employer’s exposure in Loss of Wage Earning Capacity awards. 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:

  • Definition of “Loss of Wage Earning Capacity,” including what classes of injuries may qualify for this type of award.
  • Overview of how awards are calculated.
  • The use of IMEs and Disability Duration Guidelines to challenge impairment ratings in LWEC awards.
  • Answers to common Loss of Wage Earning Capacity questions.

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).

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Scheduled Loss of Use “What’s Working Now”: New York Workers’ Compensation Webinar

Join Us for This Live Webinar on Monday October 18, 2021 at 12PM EST or 3PM EST

In this LIVE webinar on Monday, October 18, 2021, Greg Lois leads a discussion and answers questions on Schedule Loss of Use awards in New York. We will focus on the recent case law and practical advice on how to minimize the employer’s exposure in these types of awards. 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:

  • Definition of “Schedule Loss of Use,” including what classes of injuries may qualify for this type of award.
  • Overview of how awards are calculated.
  • Te use of IMEs and Disability Duration Guidelines to challenge excessive SLU awards.
  • Answers to common Schedule Loss of Use questions.

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 Scheduled Loss of Use “What’s Working Now”: New York Workers’ Compensation Webinar

New Jersey Creates “Preference” For Rehiring Permanently Disabled Employees

New Statute Creating “Hiring Preference”

On September 30, 2021, Governor Phil Murphy signed into law Assembly Bill A2617, which provides as follows:

Following a work-related injury, an employer shall provide a hiring preference to an employee who has reached maximum medical improvement (MMI) and is unable to return to the position at which the employee was previously employed for any existing, unfilled position offered by the employer for which the employee can perform the essential functions of the position.

Who The New Law Applies to

The law creating preference only applies to employers with more than 50 (fifty) employees.

Read on for all the exemptions (below). 

Who Is Exempted From the New Law

1) The Preference Does Not Apply to Employers with Less Than Fifty (50) Employees.

Employers with less than 50 employees are exempted b the clear terms of the new law.

2) The Preference Does Not Apply to Contractors Subject to Prevailing Wage Law

The law states that it “shall not include a contractor as defined in section 3 of P.L.1999, c.238 (C.34:11-56.50).” The referenced law,  N.J.S.A. 34:11-56.50, defines “contractor” as

a person, partnership, association, joint stock company, trust, corporation, or other legal business entity or successor thereof who enters into a contract which is subject to the provisions of the “New Jersey Prevailing Wage Act,” P.L.1963, c.150 (C.34:11-56.25 et seq.), and includes any subcontractor or lower tier subcontractor of a contractor as defined herein.

The New Jersey Prevailing Wage Act (N.J.S.A. 34:11-56.25 et seq.) establishes a prevailing wage level for workers engaged in public works. It applies to public projects which are defined as follows: 

3) The Preference Does Not apply to Athletes Employed by Professional Sports Teams.

The law states that employers of athletes of professional sports teams are exempted from the preference. 

Continue reading New Jersey Creates “Preference” For Rehiring Permanently Disabled Employees

Video: Defending Motions for Medical and Temporary Disability Benefits in New Jersey

How to aggressively defend Motions for Medical and Temporary Disability Benefits in New Jersey to reduce medical costs and legal fees payable to Petitioner’s counsel. In this video, Greg Lois discusses best practices for defending Motions for Med & Temp and provides answers to common questions.  This video is from a live webinar provided to clients on August 23, 2021.

Topics discussed:

  • An overview of what types of medical care are required under the New Jersey Workers’ Compensation Act;
  • How to reduce costs of care by directing treatment and using networks;
  • What happens when a Petitioner is successful on a Motion for Med & temp and how attorneys’ fees are calculated;
  • Strategies to control exposure for Petitioner’s attorneys’ fee costs in Motions for Med & Temp;
  • An overview of the parts of a basic motion for Med & Temp and what the Petitioner is required to prove in order to be successful;
  • The courtroom procedure and timing for defending these Motions;
  • The differenced between and “Emergent” and “Standard” Motion for Med & Temp;
  • Best practices for Risk Professionals and Attorneys defending these claims.
  • Live Q & A on topic.
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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.
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Video: Temporary Disability and Labor Market Attachment in New York

In this video, Greg Lois provides an overview and answers questions about defenses to temporary disability and provides an update on Labor Market Attachment as a defense in New York Workers’ Compensation claims. This video is from a live webinar provided to clients on July 19, 2021.

In this video, Greg talks about:

  • Waiting Period and Payor Compliance;
  • AWW and Maximum Rate;
  • When you can stop paying Temp;
  • Labor Market Attachment.

Here’s a direct link to watch this video now: link to video (registration required).

Continue reading Video: Temporary Disability and Labor Market Attachment in New York