Category Archives: Defenses

Video: How Not To Defend Wage Reconstruction Cases In New Jersey

We talk about the mind-bogglingly terrible decision Calero v. Target, a June 10, 2020 case where the employer was hit with a doubled award because of defenses not raised! This video is from a live webinar provided to clients on July 27, 2020.

Topics discussed:

  • What is wage reconstruction and when is it appropriate?
  • When and how to raise legal defenses to wage reconstruction cases.
  • Practical aspects of defending wage reconstruction claims, including a discussion of the proofs needed at trial.
  • In depth discussion of Calero and other case law that counsel should know about.
Continue reading Video: How Not To Defend Wage Reconstruction Cases In New Jersey

Video: Case Law Update on Temporary Disability In New York

In this video, Attorney Greg Lois leads a discussion on temporary disability benefits in New York Workers’ Compensation claims. This video is from a live webinar provided to clients on July 21, 2020.

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

  • When must temporary disability benefits be issued?
  • What is the waiting period of issuing benefits? How does the Payor Compliance rule affect the starting or timing of benefits?
  • How is COVID-19 affecting temporary disability benefits?
Continue reading Video: Case Law Update on Temporary Disability In New York

Video: Defense of Off-Premises Injuries In New Jersey

Attorney Greg Lois leads a discussion on defending off-premises claims in New Jersey. This video is from a live webinar provided to clients on June 22, 2020.

Topics discussed:

  • COVID-19 Legislative and Court proceedings Update;
  • When and how to raise legal defenses to going-and-coming injuries.
  • Practical aspects of defending off-premises claims, including a discussion of the proofs needed at trial.
Continue reading Video: Defense of Off-Premises Injuries In New Jersey

Video: Defending Off Premises and Grey Area Losses in New York

In this video, Attorney Greg Lois leads a discussion on defending off-premises claims in New York, including the “grey area” rule as it relates to sidewalks and special hazards of city employments. This video is from a live webinar provided to clients on June 15, 2020.

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

  • COVID-19 Legislative and Court proceedings Update;
  • When and how to raise legal defenses to going-and-coming injuries.
  • Practical aspects of defending off-premises claims, including a discussion of the proofs needed at trial.
Continue reading Video: Defending Off Premises and Grey Area Losses in New York

Defending Off-Premises Injuries: New Jersey Workers’ Compensation Webinar

Join Us for This Live Webinar on Monday, June 22, 2020 at 12PM EST

In this LIVE webinar on Monday, June 22, 2020 at 12 PM EST, Greg Lois will lead a presentation on practical and legal aspects of defending off-premises injuries in New Jersey workers’ compensation cases. We will discuss:

  • What “off-premises” means under New Jersey’s Workers’ Compensation Law.
  • When “off-premises” or commuting cases can be compensable.
  • Practical aspects of defending off-premises or travel-time injuries in court, including a discussion of the proofs needed at trial.

To register for our New Jersey Workers’ Compensation Webinar Series, a monthly discussion click the button below (or register here).

Continue reading Defending Off-Premises Injuries: New Jersey Workers’ Compensation Webinar

Lockdown Let Up: Practical Tips on Attacking Attachment

It’s time to raise attachment!

  • Long Island and Mid-Hudson Valley Regions have met all seven metrics required to begin phase one of the state’s regional phased reopening plan; Capital Region, Western New York, Central New York, Finger Lakes, Mohawk Valley, North Country and Southern Tier can enter phase two. Here is what PHASE TWO entails.
  • New York City will enter phase one of reopening TODAY (June 8). Here is what PHASE ONE allows.
  • The Mid-Hudson Valley is on track to enter phase two of reopening TOMORROW (June 9) and Long Island is on track to enter phase two on WEDNESDAY (June 10).

For those claimants not working but with a light duty or restricted work ability, they MUST be looking for work within their restrictions. As all of New York is expected to have at least some restrictions lifting by Wednesday, we should again be raising attachment because claimants have a duty to seek work within their restrictions. Case law is clear that it does not have to be the same type of work or industry that they were employed in at the time of the compensable loss.

What is Labor Market Attachment

In New York, a temporarily partially disabled claimant must demonstrate an attachment to the labor market to be entitled to continuing compensation benefits. This means actively looking for a job within their medical restrictions if the employer can not accommodate them at the pre-injury employment.  Raising the issue of labor market attachment is beneficial in reducing the overall exposure of the claim as it may result in a suspension of benefits due to the claimant’s failure to attach themselves to the labor market. Continue reading Lockdown Let Up: Practical Tips on Attacking Attachment