Category Archives: Defenses

Notice as a Defense in Longshore Claims

It is the claimant’s burden to establish timely notice. Notice of an injury or death for which compensation is payable must be given within 30 days after injury or death, or within 30 days after the employee or beneficiary is aware of, or in the exercise of reasonable diligence or by reason of medical advice should have been aware of, a relationship between the injury or death and the employment. 33 U.S.C. § 912(a). The claimant is provided a presumption that timely notice has been provided. Shaller v. Cramp Shipbuilding & Dry Dock Co., 23 BRBS 140 (1989). Where one injury arises out of an accident has been reported, the claimant does not have to give separate notice of other injuries resulting from the same incident. Thompson v. Lockheed Shipbuilding & Constr. Co., 21 BRBS 94 (1988). Continue reading Notice as a Defense in Longshore Claims

Video: Defending Repetitive Use and Occupational Exposure Claims in New York

Attorneys Declan Gourley and Kristen Kapur lead a presentation and answer questions on environmental exposure and repetitive uses issues in New York workers’ compensation claims.

Subject: New York, Workers’ Compensation Law, Occupational exposure, repetitive use
Date Presented: September 18, 2017
Presenter(s): Jeremy Janis and Greg Lois
Run time: 13:52
Continue reading Video: Defending Repetitive Use and Occupational Exposure Claims in New York

Video: Defending Motions for Med & Temp in New Jersey

This is video from a live presentation from attorney Greg Lois and answers the following questions: “How do I defend a Motion for Med and Temp in New Jersey?” and “What medical treatment is required under the statute?” and “What are the common defenses used by a Respondent when facing a motion?”

At the end of the presentation, attendees will understand what a Motion for Temporary and Medical Benefits is, what exposures are posed by the motion, and how to best defend the motion.

Subject: New Jersey, Workers’ Compensation Law, benefits, Temporary Disability
Date Presented: August 28, 2017
Presenter(s): Greg Lois
Run time: 27:25 Continue reading Video: Defending Motions for Med & Temp in New Jersey

The Going and Coming Defense in New Jersey Workers’ Compensation Claims

Attorneys Karen Vincent and Joe Jones will discuss the issues surrounding off-premises accidents. They will address injuries arising during commutes to work, paid travel time, and business travel. The two litigators will discuss various fact scenarios as examples of when an off-premises injury will be and will not be considered compensable by the courts. At the end of the presentation attendees will have a basic understanding of the “Going and Coming” defense under the New Jersey Workers’ Compensation Act and case law.

Subject: New Jersey, Workers’ Compensation Law, Going and Coming, Off Premises
Date Presented: June 26, 2017
Presenter(s): Karen Vincent, Esq. and Joe Jones, Esq.
Run time: 14:20 Continue reading The Going and Coming Defense in New Jersey Workers’ Compensation Claims

Video: The “Going and Coming” Defense in New York

Attorneys John Marzolla and Kristen Kapur will cover the “Going and Coming” rule in New York and its application to cases involving off-premises losses and travel. They will explore the basic presumptions afforded claimants under the Law and discuss applicable defenses. At the end of the presentation attendees will have a basic understanding of when the Going and Coming defense applies under the New York Workers’ Compensation Law.

Subject: New York, Workers’ Compensation Law, Defenses, Going and Coming
Date Presented: June 19, 2017
Presenter(s): John Marzolla and Kristen Kapur
Run time: 12:36 Continue reading Video: The “Going and Coming” Defense in New York

Which Defenses Applies? Overview of Common Defenses in New Jersey

Attorneys Karen Vincent and Michael Gervolino cover the fundamentals or challenging the the basic presumptions relied upon by the petitioner in establishing their case. They discuss some little used (but available) defenses, such as the intoxication defense. At the end of the presentation attendees will have a basic understanding of various common defenses under the New Jersey Workers’ Compensation Act and case law.

Subject: New Jersey, Workers’ Compensation Law, Intoxication, Notice, Statute of Limitations
Date Presented: May 22, 2017
Presenter(s): Karen Vincent, Esq. and Michael Gervolino, Esq.
Run time: 20:54 Continue reading Which Defenses Applies? Overview of Common Defenses in New Jersey