Category Archives: Subrogation

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).

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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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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

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).

Continue reading Video: Workers’ Compensation Exclusivity and Coverage Issues

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).

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

Consent to Third-Party Settlements & Nunc Pro Tunc Motions in New York: Civil Litigation Webinar

Join Us for This Live Webinar on Monday, May 10, 2021 at 3:00 PM EST

In this live webinar, “Third-Party Settlements in New York – Consent to Settlement and Nunc Pro Tunc Motions,” Christopher Major, Civil Practice Team Leader at Lois Law Firm, provides an overview of civil settlement in New York’s Supreme courts and the impact on workers’ compensation actions. Join us for this live discussion and Q & A.

Major will discuss 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.

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 Consent to Third-Party Settlements & Nunc Pro Tunc Motions in New York: Civil Litigation Webinar