The Longshore and Harbor Workers’ Compensation Act covers employees in traditional maritime occupations such as longshore workers, ship-repairers, shipbuilders or ship-breakers, and harbor construction workers. 33 U.S.C. § 902(3). The term “Longshoreman” typically refers to maritime workers responsible for unloading or loading ships and who are not a master or member of the ship’s crew. Seamen (masters or members of a crew of any vessel) are specifically excluded from coverage under the LHWCA. The injuries must occur on the navigable waters of the United States or in the adjoining areas, including piers, docks, terminals, wharves, and those areas used in loading and unloading vessels. Non-maritime employees may also be covered if they perform their work on navigable water and their injuries occur there. Continue reading Qualifying for Benefits under the Longshore Act
Today the Firm welcomes attorney Andrea Abudayeh who joins the New York Workers’ Compensation Defense Practice at Lois LLC.
Associate attorney Andrea Abudayeh concentrates her practice at LOIS on defending employers and carriers in New York workers’ compensation claims. Andrea’s prior experience includes years as Supervising Attorney for a well-regarded claimant’s practice, representing claimants before the Board, where she handled all aspects of workers’ compensation cases from start to finish. This includes hearings, trials, depositions, client intakes, appointments, appeals and settlement negotiations. A true litigator, Andrea regularly appears in Manhattan, Brooklyn, and Staten Island.. Continue reading LOIS LLC Welcomes Andrea Abudayeh to New York Workers’ Compensation Defense Practice
This video from our March 19, 2018 webinar presentation is designed to answer the following questions:
- “What are the most common causes for penalties in New York?” and
- “How do we avoid case-level penalties?” and
- “What can we do to mitigate or resolve a penalty issue?”
Presenter Greg Lois has years of experience representing employers and carriers before the Board. At the end of the presentation, the attendees will have a basic understanding of the common penalties, tactics to avoid penalties, and the potential to mitigate or resolve some penalties.
Lois Law Firm Partner Christian Sison and guest Timothy Kane review five Third Department decisions that were issued last month. Claimants in these cases alleged neck injuries after decelerating 5 miles per hour in a truck, alleged being smashed like a jelly donut by an elevator, and alleged eye injuries due to pepper spray in a prison.
Christian and Tim discuss these cases and note the difficulty in having the Board’s decisions overturned or reversed. All five of the Third Department cases affirmed the Board’s rulings. This fostered dialogue between Christian and Tim regarding when to go to the Third Department and how we should be proactive at the Board level.
Continue reading Third Department Appeals: Third Friday Podcast
In New York workers’ compensation cases partially-disabled claimants are obligated to search for work before permanency is reached. If the claimant finds work but earns less than he was at the time of the accident, the employer may be liable for reduced earnings benefits, which is two-thirds of the difference between the pre-injury and post-injury wages. What happens when the claimant chooses to become self-employed and claims that his income is not “earnings” for the purposes of being eligible for workers’ compensation benefits. So, how does the Board address self-employment? Continue reading Friday F.A.Q.: Can A Self-Employed Claimant Get A Reduced Earnings Benefit?
Attorneys Joe Jones and Karen Vincent of the Lois Law Firm discuss appeals and reopeners of New Jersey workers’ compensation cases from the defense perspective.