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Defending Employers Podcast: Episode 241

The Powerful Consent Requirement in NY and Third-Party Settlement Consent Best Practices

Section 29(5) has an explicit written consent requirement. In this episode, “The Powerful Consent Requirement in NY and Third-Party Settlement Consent Best Practices,”, Christopher Major goes over how to weaponize this powerful leverage in the context of your case. A good consent letter can drastically reduce your total exposure, but a bad consent letter can sink a case!

Major discusses the following:

  • What Section 29(5) requires legally
  • The difference between a written consent agreement, a compromise order, and a nunc pro tunc motion (i.e., “cramdown motions”)
  • Using Matter of Stenson and Williams v. Lloyd Gunther Elevator Service to make an air-tight consent.
  • Navigate Kelly, Burns, and Bissell in one comprehensive written agreement.

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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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.

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