Category Archives: New Jersey

Year In Review: New Jersey Workers’ Compensation Webinar

Join Us for This Live Webinar on Monday, January 27, 2020 at 12PM EST

In this live webinar, “Year End Review of Important Cases in New Jersey Workers’ Compensation” Greg Lois leads a presentation and discussion on the important cases and rule changes. Join us for this live discussion and Q & A.

We will discuss the following:

  • A review of important case law changes in New Jersey with analysis of how these decisions will affect employers and insurance carriers.
  • A review of rule and statute changes.
  • What’s happening with Medical Provider Claims in 2020.
  • How recent case decisions will impact the practice in 2020.

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

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Video: Section 40 Reimbursement and Subrogation In New Jersey Workers’ Compensation cases

Attorney Christopher Major who leads the Civil Litigation Defense Practice at LOIS, provides an overview of risk transfer strategies in New Jersey worker’s compensation cases. This video is from a live webinar provided to clients on December 23, 2019.

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Download PDF Version of 2020 New Jersey Workers’ Compensation Law Handbook

Cover of 2020 New Jersey Handbook
Cover of 2020 New Jersey Workers’ Compensation Handbook.

This is the PDF (Adobe Acrobat) version of “New Jersey Workers’ Compensation Law – 2020 Edition” by Gregory Lois. This is the most practical, up-to-date and easy-to-understand guide to New Jersey workers’ compensation claims available. This book is designed for employers, attorneys, claims adjusters, physicians, self-insured employers and vocational rehabilitation workers. This guide is written in plain English by a New Jersey attorney and provides a detailed analysis of relevant statutes and regulations; a complete recap of recent court decisions; and a full description of current practice and procedure.  This book provides a behind-the-scenes look at the complicated issues and makes the law understandable for business owners.

A comprehensive description, including a list of what was updated since the last edition and complete chapter list is here.

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Need multiple copies for your team? Contact Greg.

Video: Evaluating Exposure In New Jersey Workers’ Compensation cases

Attorney Joe Jones, who leads the New Jersey Workers’ Compensation Defense Practice at LOIS, explains the factors lawyers consider when providing an estimate of exposure to a client. Jones talks about Jersey-specific factors that influence indemnity exposure in a workers’ compensation claim. This video is from a live webinar provided to clients on November 25, 2019.

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Risk Transfer: The Carrier’s Overlooked and Underutilized Secret Weapon

Every workers’ compensation defense attorney worth their salt is well familiar with the standard tactics for pushing claims toward resolution and mitigating exposure. There are a finite number of tools at the carrier’s disposal:

  • denying claims and raising defenses;
  • conducting a proper investigation (site inspections, security camera video, witness statements, background checks, employee personnel files, social media usage reports, ISO claim searches, police reports and FOIL requests, etc.) and surveillance of the injured worker;
  • obtaining independent medical examinations (“IME”) and functional capacity evaluations (“FCE”) for issues such as need for treatment and medical necessity, temporary disability, work capacity and restrictions, permanent disability, etc.;
  • raising fraud;
  • litigating claims (injured worker and witness testimony, depositions of doctors, appeals and summations, discovery and disclosure including subpoenas and interrogatories, etc.); and
  • pushing prompt settlement to cut off ongoing exposure.

However, there is one area of insurance defense that a startling number of trial attorneys demonstrate a lack of familiarity with: risk transfer.

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Proofs Required to Oppose Motion for Benefits In New Jersey

The New Jersey Appellate Division recently rendered a decision on October 10, 2019 dealing with the quality of proofs required when filing a Med/Temp Motion or the opposition to same.  While the decision is “unpublished” and therefore not binding precedent upon any court,  the takeaways from the Appellate Division’s decision are useful for claims professionals and attorneys when obtaining proofs, considering proofs and ultimately submitting proofs to the court in opposition to Motion for Medical and Temporary Disability benefits.

NJ Workers’ Compensation rules provide that affidavits, certifications or medical reports may be submitted in support of, or in opposition to, a Motion for Medical and Temporary Benefits but those proofs must meet certain standards to be considered by the Court.

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