Category Archives: New Jersey

Medicare Updates Guidance on Submission of Proposed Set-Asides

The Set Aside Reference Guide (WCMSA Ref. Guide Vers. 3.5) was updated on January 10, 2022 to state that Medicare no longer gives “non submit” set aside allocations the same deference as “submitted and approved” set aside allocations. This will have a big impact on workers’ compensation settlements.

This is new and conflicts with other guidance issued by the Center for Medicare & Medicaid Service regarding both required pre-approval and the review thresholds. Two key questions emerge.

First, the new Guide states throughout that submission of a set aside for pre-approval by CMS is not required. All of the language in the Guide that confirms that pre-approval is not required is the same.

Second, the new statement, that CMS will not give deference to “non-submit” allocations conflicts with the fact that many allocations can not be submitted for review, according to Medicare’s own rules.

Greg Lois is hosting a live Q & A session on what this change in guidance from the CMS means for carriers and self-insured employers resolving workers’ compensation claims via “full and final” settlement. Register here: https://attendee.gotowebinar.com/register/2523205883375673614

Year End Review of NY & NJ Civil Litigation: Civil Litigation Webinar

Join Us for This Live Webinar on Monday, December 13, 2021 at 3:00PM EST

In this live webinar, “Year End Review of Important Cases in New York & New Jersey Civil Practice” Christopher Major, Civil Practice Team Leader at Lois Law Firm, leads a presentation and discussion on the important cases and rule changes in these jurisdictions. Join us for this live discussion and Q & A.

Major will discuss the following:

  • A review of important case law changes in both New York and New Jersey with analysis of how these decision will affect employers and insurance carriers.
  • A review of rule and statute changes in both jurisdictions.
  • How recent case decisions will impact the practice in 2022 and beyond.

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).

Continue reading Year End Review of NY & NJ Civil Litigation: Civil Litigation Webinar

Video: Impact of New Jersey’s Creating New “Preference” For Rehiring Permanently Disabled Employees

In this video, Greg Lois discusses the new “rehiring preference” for permanently disabled employees added to New Jersey’s Workers’ Compensation Law on September 30, 2021 .  This video is from a live webinar provided to clients on October 25, 2021.

Topics discussed:

  • Who the New Law Applies To;
  • Employers EXEMPT from the Law;
  • The Impact on Employers;
  • Live Q & A on topic.

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 Video: Impact of New Jersey’s Creating New “Preference” For Rehiring Permanently Disabled Employees

Video: Impact of New Jersey’s Creating New “Preference” For Rehiring Permanently Disabled Employees

In this video, Greg Lois discusses the new “rehiring preference” for permanently disabled employees added to New Jersey’s Workers’ Compensation Law on September 30, 2021 .  This video is from a live webinar provided to clients on October 25, 2021.

Topics discussed:

  • Who the New Law Applies To;
  • Employers EXEMPT from the Law;
  • The Impact on Employers;
  • Live Q & A on topic.

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 Video: Impact of New Jersey’s Creating New “Preference” For Rehiring Permanently Disabled Employees

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

Leveraging a Third-Party Action in a Workers’ Compensation Claim: Civil Litigation Webinar

Join Us for This Live Webinar on Monday, September 13, 2021 at 3:00 PM EST

In this live webinar, “Leveraging a Third-Party Action in a Workers’ Compensation Claim,” Christopher Major of the Lois Law Firm, leads a presentation and discussion on how the strategic risk professional will increase their bargaining power in resolving a workers’ compensation action when a claimant has a civil action pending against an actual tortfeasor. We’ll talk about global resolutions, waiver of reimbursement, and the use of discovery in impacting the workers’ compensation claim. Join us for this live discussion and Q & A.

Major will discuss the following:

  • The value of strategic coordination when resolving workers’ compensation case sin the presence of a third-party action.
  • What risk professionals can do to maximize leverage and obtain amicable resolutions.
  • Real life examples of strategic leverage and global settlement.
  • How recent case decisions will impact the practice in 2021 and beyond.

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).

Continue reading Leveraging a Third-Party Action in a Workers’ Compensation Claim: Civil Litigation Webinar