Defending Employers Podcast: Episode 183

A Deeper Look at Liens, Subrogation and Offset Rights Under Section 29 in New York

March 8, 2021

Defending Employers Podcast: Episode 183 - A Deeper Look at Liens, Subrogation and Offset Rights Under Section 29 in New York - Christopher Major, ESQ, Lois Law Firm

In this episode, “A Deeper Look at Liens, Subrogation and Offset Rights Under Section 29 in New York,” Christopher Major discusses the practical aspects of seeking Section 29 reimbursement for the workers’ compensation carrier in New York. This recording is from a live presentation on March 8, 2021.

Major discusses the following:

What are the rights of the workers’ compensation carrier under WCL Section 29 to the proceeds of a third-party lawsuit?
What happens when the parties to the civil action do not obtain consent to settlement.
The remedy available to the third parties when the workers’ compensation carrier refuses to consent to a settlement.
How recent case decisions will impact the practice in 2021.

What is “Defending Employers: Audio From Lois Law Firm, Workers’ Compensation Defense Attorneys”?

This is the audio feed from Lois Law Firm’s popular webinar training series. Every month the Firm’s attorneys present different topics in workers’ compensation. Meant as a 101 level training course, the attorneys present a fresh take on common issues in workers’ compensation defense.

Special Reports and Presentations: When emerging legal issues arise that impact employers, Lois Law Firm publishes special presentations. These special events, hosted by attorneys and presented in plain English, make the emergent changes understandable for business owners, insurance carriers, and other attorneys.

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About the Host

Christopher J. Major, Attorney at Lois Law Firm

Christopher J. 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.

Download the New York Risk Transfer Handbook

Download Our New York Risk Transfer Handbook

New for 2022, Chris Major has written the “New York Risk Transfer Handbook" which he describes as "an effort to present to you, the curious claims professional, supervisor, manager, risk transfer or recovery specialist, or even fellow lawyer, just how subrogation makes sense in the context of your claims.”

Learn More About Risk Transfer, Subrogation & General Litigation at LOIS

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.