Category Archives: Subrogation

Video: Liens, Consents, & “Cramdown Motions” in New York

The “Major Monday’s” Webinar

In this video, “Understanding Verbal Threshold in New Jersey,” Christopher Major, Civil Practice Team Leader at Lois Law Firm, discusses what happens when the plaintiff and tortfeasor in a civil action attempt to resolve their case by settlement without the consent of the workers’ compensation carrier in New York. This video is from a live presentation on March 9, 2020.

Major discusses the following:

  • What are the rights of the workers’ compensation carrier under 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 2020.

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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New York’s No Fault Law and Workers’ Compensation Loss Transfer: Third Fridays Podcast

In this episode, host Christian Sison welcomes attorney Christopher Major to his podcast to take an in-depth look at loss transfer litigation between workers’ compensation and motor vehicle carriers.

Video from the podcast recording of Christian Sison and Christopher Major discussing the interplay between New York’s motor vehicle’s no fault law and workers’ compensation claims. Released January 17, 2020.

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Video: The Goals of Multijurisdictional Litigation

In this video, “Goals of Multijurisdictional Coordination,” Construction Practice Leader and Lois Law Firm Partner Tashia Rasul provides an overview of the goals of the Construction Defense Practice when handling a catastrophic construction accident claim. Tashia discusses the four common goals she pursues:

  • Weaponizing Coordination: Tactics that Benefit the Employer.
  • Reduction of Litigation Costs – Reducing Duplicative Effort.
  • Avoiding Collateral Estoppel.
  • Pursuing Global Settlement.

This video is from a live presentation on January 6, 2020.

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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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