Category Archives: Workers Compensation

Effective Use of IMEs: New York Workers’ Compensation Webinar

Join Us for This Live Webinar on Monday September 20, 2021 at 12PM EST or 3PM EST

In this LIVE webinar on Monday, September 20, 2021, Greg Lois leads a discussion and answers questions on the best use of independent medical evaluations in New York. This webinar is offered at two different times, always on the Third Monday of the month, at 12:00 PM and 3:00 PM EST.

We will discuss:

  • When to get an IME in the case lifecycle.
  • How to choose the best evaluator.
  • How to prepare the IME physician to provide them with the tools they need to provide a useful report.
  • How to defend your evaluator at trial.

To register for our New York Workers’ Compensation Webinar Series, a monthly discussion offered at your choice of time in two sessions, click the buttons below (or register here).

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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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Global Settlements: Construction Defense Webinar

Join Us for This Live Webinar on TUESDAY, September 7th, 2021 at 12PM EST

In this live webinar, “Global Settlements in Multijurisdictional Construction Claims,” Tashia Rasul, partner at Lois Law Firm, explores the advantages of resolving the general liability and workers’ compensation cases at the same time. Further, defense counsel representing general litigation defendant and workers’ compensation claim should be brought together at the time the arbitration, mediation, or other settlement opportunity arises.

Tashia will discuss the following:

  • Workers’ Compensation reimbursement and leverage.
  • General Liability/civil litigation settlement allocation.
  • Using counsel effectively to negotiate settlements.
  • Practical examples.

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).

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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.
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Video: Update on Medical Treatment Issues in New York

In this video, Greg Lois provides an overview and answers questions about rule changes and implementation of new Guidelines which impact the way medical treatment is delivered and paid for in New York Workers’ Compensation claims. This video is from a live webinar provided to clients on August 16, 2021.

In this video, Greg talks about:

  • When the new Medical Treatment Guidelines will be implemented;
  • How the new “Onboard Limited Release” computer system being rolled out by the Workers’ Compensation Board will impact carriers and employers;
  • Defending out-of-state medical claims;
  • Drug formulary implementation update;
  • Medicinal marijuana FAQs;
  • Answers questions live.

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

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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.
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