Category Archives: New Jersey

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

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

Adoption of Virtual Hearing Technology Reducing Costs in New Jersey

Effective Monday, August 16, 2021, all fifteen New Jersey Workers’ Compensation Court facilities have reopened to attorneys, litigants, court reporters, and staff. The Division of Workers’ Compensation has adopted the use of Microsoft Teams videoconferencing to hold most court proceedings electronically.

The following court proceedings may be held electronically:

  • Routine list markings;
  • Pre-trial conferences;
  • Dismissal for Lack of Prosecution;
  • Hearings on Emergent Motions for Medical and Temporary Disability Benefits (initial conferences);
  • Standard Motions for Medical and Temporary Disability Benefits (initial conferences);
  • Approval of Section 20 (lump sum dismissal) settlements; and
  • Approval of Section 22 settlements (“Order Approving Settlements”).

The Division has also said that other types of proceedings, including “in person” settlement approval hearings, conferences involving the Judge of Compensation, and trials should be held electronically. The Division says that while the Court will allow some “in person” proceedings, the litigants will have to explain why the matter could not be addressed electronically. The Division as instructed all litigants that “in person” settlements, conferences and trials are “highly discouraged.”

Why This Is Good for Employers and Carriers

The use of videoconferencing technology to replace most routing court proceedings should result in the following benefits for employers and carriers in New Jersey:

  • Reduction in defense attorney costs due to reduced “waiting time” in court;
  • Reduction in attorney costs due to most court listings being resolved via teleconference rather than in person.
  • Improved efficiency for defense firms able to appear before multiple judges in one day (due to lack of traveling time) passed on to employers and carriers as cost savings;
  • Should improve speed of case resolution as counsel for the petitioner should be allowed less adjournments due to scheduling conflicts;
  • Reduced costs associated with bringing employer witnesses to hearings and trial proceedings in litigated cases;
  • Reduced costs associated with presenting expert witness testimony.

For comparison, when the New York workers’ compensation system went to mandatory virtual proceedings in 2018, Lois Law Firm clients experienced a drop in average attorneys costs of 26%.

Why This Is Good for Petitioners and Their Attorneys

  • Easier access to court proceedings for both Petitioners’ counsel and their client;
  • Less grounds for adjournments due to scheduling conflicts of Petitioners’ attorney (where petitioner counsel is scheduled for proceedings in two courts on the same day, counsel for the petitioner would typically adjourn one proceeding in favor of the other);
  • Improve speed of case resolution, leading to faster awards or settlements for injured workers.
Continue reading Adoption of Virtual Hearing Technology Reducing Costs in New Jersey

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).

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

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.
Continue reading Video: How NOT to Defend a Wage Reconstruction Case in New Jersey

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).

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