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.

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Why LOIS Has a Dedicated Civil Litigation Practice

Lois has a dedicated Civil Litigation Practice to serve general liability, premises liability, automobile liability insurance carriers and third party administrators in reimbursement claims under New York WCL § 29 and New Jersey’s Section 40 (N.J.S.A. 34:15-40). Our attorneys also regularly represent these clients’ insureds in defense of personal injury matters filed in all counties in Metropolitan New York, all counties in New Jersey and in the federal courts.

About the Host, Christopher Major, Esq.

At LOIS, Chris leads the Civil Litigation Practice, where he defends the interests of carriers and self-insureds in general liability claims including civil first-party defense in all personal injury, construction accident and motor vehicle accident negligence suits.

Christopher also protects and enforces the rights of carriers and self-insureds in all subrogation-related actions, including prosecuting subrogated actions in civil court under New Jersey Workers’ Compensation Statute Section 40 (N.J.S.A. 34:15-40) and New York Workers’ Compensation Law Section 29, asserting statutory demands for reimbursement under Section 40 and Section 29, litigating intercompany loss transfer in motor vehicle accident claims pursuant to New York Insurance Law Section 5105, and defending workers’ compensation carriers and self-insureds in New York HIMP-1 reimbursement requests.

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This webinar and video is not legal advice! The materials presented by this webinar/podcast and any affiliated website are for informational purposes only and are not offered as legal advice as to any particular matter. No viewer/listener/reader should act on the basis of these materials without seeking appropriate professional advice as to the particular facts and applicable law involved. The materials are not represented to be correct, complete, or up-to-date. Opinions presented by this video/podcast are the opinions of the author.

Defending Employers in New York, New Jersey, and Longshore.