Category Archives: Insurance

Civil Litigation, Insurance, New Jersey, New York, Subrogation, Video

Video: The Carrier’s Rights Under Kelly, Burns, & Bissell

The “Major Monday’s” Webinar

In this video, “The Carrier’s Rights Under Kelly, Burns, and Bissell,” Christopher Major explores the carrier’s right to reimbursement and subrogation under Section 29 of the New York workers’ compensation law. This video was recorded live from training provided by Lois LLC on August 9, 2021.

Major discusses the following:

  • There’s no such thing as 1/3rd, 1/3rd, 1/3rd in New York!
  • How Kelly apportionment works with examples.
  • How the Burns decision impacts recovery for Loss of Wage Earning Capacity awards.
  • Understanding how the share of litigation expense impacts recovery.
  • What the Matter of Stenson means for lien waiver.
  • The Bissell decision and speculative medial expenses.

Watch here now or below.

To register for our Civil Litigation Webinar Series, a monthly discussion of recent case law developments and best practices for handling civil claims and reimbursement actions, click the button below (or register here).

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Continue reading Video: The Carrier’s Rights Under Kelly, Burns, & Bissell →
Civil Litigation, Insurance, New Jersey, New York, Subrogation, Video

Video: “Liening” Over State Lines: Multi-jurisdictional Issues in Workers’ Compensation Subrogation

The “Major Monday’s” Webinar

What happens when your employee gets injured by a tortfeasor while in another state? Does the employer/carrier have the ability to assert a demand for reimbursement of the worker’s compensation cost against the party residing in another state? How does the employer/carrier maximize its recovery? 

In this video, Chris Major discusses  answers to all of those questions as well as the following:

  • New York and New Jersey Subrogation generally;
  • The New York standard for reimbursement rights across state lines in third-party cases;
  • How to Apply the New York standard for reimbursement across state lines in context with examples;
  • The New Jersey standard for seeking reimbursement across state lines;
  • Applications of New Jersey’s law with examples;
  • Other jurisdictional issues, including prohibitions on reimbursement and subrogation claims.

This video is taken from a live webinar provided to Firm clients on July 12, 2021. 

To register for our Civil Litigation Webinar Series, a monthly discussion of recent case law developments and best practices for handling civil claims and reimbursement actions, click the button below (or register here).

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Continue reading Video: “Liening” Over State Lines: Multi-jurisdictional Issues in Workers’ Compensation Subrogation →
Civil Litigation, Insurance, New Jersey, New York, Subrogation, Video

Video: Workers’ Compensation Exclusivity and Coverage Issues

The “Major Monday’s” Webinar

In this video, “Workers’ Compensation Exclusivity and Coverage Issues,” Christopher Major provides an overview of how the workers’ compensation bar applies to prohibit certain actions against the employer and how “Part B” coverage works. This video was recorded live from training provided by Lois LLC on June 14, 2021.

Major discusses the following:

  • What is “Part B” workers’ compensation coverage?
  • What is workers’ compensation exclusivity and when does it apply? To which types of claims?
  • What are the limits to “Part B” coverage?
  • The differences between “Part B” Employer’s Liability coverage and EPLI insurance coverage.
  • How Third Party “Action Over” lawsuits work.”
  • How Contractual Indemnification works in the Employer Liability context.
  • An overview of the duty to defend and the duty to indemnify under Employers’ Liability coverage.
  • How and when to use reservation of rights letters.

Watch here now or below.

To register for our Civil Litigation Webinar Series, a monthly discussion of recent case law developments and best practices for handling civil claims and reimbursement actions, click the button below (or register here).

Register for Civil Litigation Webinar
Continue reading Video: Workers’ Compensation Exclusivity and Coverage Issues →
Civil Litigation, Employment Law, Insurance, Personal Injury, Webinars

Workers’ Compensation Exclusivity & Employer Coverage Issues: Civil Litigation Webinar

Join Us for This Live Webinar on Monday, June 14, 2021 at 3:00 PM EST

In this live webinar, “Workers’ Compensation Exclusivity and Employer Coverage Issues,” Christopher Major, Civil Practice Team Leader at Lois Law Firm, provides an overview of employment civil litigation focusing on exclusivity and coverage issues. Join us for this live discussion and Q & A.

Major will discuss the following:

  • What is exclusivity and how does it impact civil actions?
  • The “who, what, where, and when” of how lawsuits are filed.
  • What risk professionals need to know about employer coverage issues.
  • How recent case decisions will impact the practice in 2021.

To register for our Civil Litigation Webinar Series, a monthly discussion of recent case law developments and best practices for handling civil claims and reimbursement actions, click the button below (or register here).

Register for Civil Litigation Webinar
Continue reading Workers’ Compensation Exclusivity & Employer Coverage Issues: Civil Litigation Webinar →
Civil Litigation, Insurance, New Jersey, New York, Subrogation, Video

Video: Consent to Third Party Settlement and Nunc Pro Tunc Motions

The “Major Monday’s” Webinar

In this video, “Third-Party Settlements in New York – Consent to Settlement and Nunc Pro Tunc Motions,” Christopher Major provides an overview of civil settlement in New York’s Supreme courts and the impact on workers’ compensation actions. This video was recorded live from training provided by Lois LLC on May 10, 2021.

Major discusses the following:

  • What third-party settlements (in supreme court actions) require consent in New York?
  • How nunc pro tunc motions are used to facilitate settlements.
  • What workers’ compensation risk professionals need to know about civil settlements in New York.
  • How recent case decisions will impact the practice in 2021.

Watch here now or below.

To register for our Civil Litigation Webinar Series, a monthly discussion of recent case law developments and best practices for handling civil claims and reimbursement actions, click the button below (or register here).

Register for Civil Litigation Webinar
Continue reading Video: Consent to Third Party Settlement and Nunc Pro Tunc Motions →
Civil Litigation, Insurance, New Jersey, New York, Subrogation, Video

Video: A Deeper Look at LIEN, SUBROGATION, AND OFFSET RIGHTS UNDER SECTION 29 IN NEW YORK

The “Major Monday’s” Webinar

In this video, Christopher Major discusses the practical aspects of seeking Section 29 reimbursement for the workers’ compensation carrier in New York. This video is from a live presentation on March 8, 2021.

Major discusses the following:

  • What are the rights of the workers’ compensation carrier under WCL Section 29 to the proceeds of a third-party lawsuit?
  • What happens when the parties to the civil action do not obtain consent to settlement.
  • The remedy available to the third parties when the workers’ compensation carrier refuses to consent to a settlement.
  • How recent case decisions will impact the practice in 2021.

To register for our Civil Litigation Webinar Series, a monthly discussion of recent case law developments and best practices for handling civil claims and reimbursement actions, click the button below (or register here).

Register for Civil Litigation Webinar
Continue reading Video: A Deeper Look at LIEN, SUBROGATION, AND OFFSET RIGHTS UNDER SECTION 29 IN NEW YORK →