Category Archives: Video

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

Video: Navigating Section 32 Settlements in New York

In this video, Greg Lois and Christian Sison discuss the guidance from the Board regarding general releases in Section 32 settlements in New York Workers’ Compensation claims. This video is from a live webinar provided to clients on October 18, 2021.

In this video, Greg & Christian talk about:

  • What the Workers’ Compensation Law says about general releases and waivers of claims outside Workers’ Compensation;
  • Whether General Releases are now disallowed;
  • The impact of the new Board guidance on the releases you have already obtained;
  • What defense counsel and risk professionals will need to do now to protect their clients.

Here’s a direct link to watch this video now: link to video (registration required).

Continue reading Video: Navigating Section 32 Settlements in New York

New York Addresses General Releases In Approving Section 32s

On October 8, 2021 the New York Workers’ Compensation Board announced that as of December 6, 2021, all Section 32 Waiver Agreements submitted to the Board for approval must be accompanied by an affirmation or affidavit executed by the person who signs the agreement on behalf of the carrier/self-insured employer, or its designated third-party administrator, affirming under penalty of perjury that the agreement submitted to the Board for approval contains all the terms and conditions agreed to by and between the claimant and the carrier/self-insured employer, and that no separate agreements or contracts have been entered into by the parties that are not reflected in the agreement submitted to the Board for approval. The full announcement is here: https://content.govdelivery.com/accounts/NYWCB/bulletins/2f633a4

The point of this is obviously to attack the process whereby employers seek General Releases and Resignations at the time of Section 32 settlement.

The Board has created a new form (because of course it did!) which can be viewed here.

Note bene: The Board announcement does not mention resignations but this article will as they are analog to the practice of seeking general waivers at the time of Section 32 settlement.

This article covers the relevant laws, our current practice, and provides guidance to the practitioner on how we will adjust our Best Practices moving forward. 

We are also holding two LIVE webinars on this topic, on Monday, October 18 at 12PM EST or 3PM EST. You are invited to register to attend here.

Continue reading New York Addresses General Releases In Approving Section 32s

Video: Litigating Policy Disputes in Construction Cases

In this video taken from her popular webinar series, Tashia Rasul leads a discussion and answers questions about litigating policy disputes in construction accident cases.

Tashia is a partner at Lois Law Firm and Construction Defense Team Leader. This video is from a live webinar recorded on October 4, 2021.

In this video, Tashia talks about:

  • Who is covered in a Wrap-Up policy? What is an “enrolled” contractor and why does it matter?
  • What is covered in a wrap-up policy? Why is project definition and “phasing” important?
  • An overview of common issues that arise from a construction policy dispute.

Tashia is a partner at Lois Law Firm and Construction Defense Team Leader. This video is from a live webinar recorded on October 4, 2021. Here’s a direct link to watch this video now: link to video (registration required).

How to attend these webinars live and ask questions.

To register for our Construction Litigation Webinar Series, a monthly discussion of recent case law developments and best practices for handling construction accident claims in New York, click the button below (or register here).

Continue reading Video: Litigating Policy Disputes in Construction Cases

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