A Civil Litigation Webinar

Carrier’s Rights Under Kelly, Burns & Bissell

In this webinar, “The Carrier’s Rights Under Kelly, Burns, and Bissell,” we explore 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.

We discuss 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.

An archive of prior presentations is here.

Civil Litigation Webinar Series

The Civil Litigation Webinar Series, from Lois Law Firm, is held on the THIRD MONDAY of the month at 3:00 PM EST. These webinars are focused on practical claims-handling and perfect for your team members who need state-specific training or a refresher course for this jurisdiction! Each webinar features a live presentation followed by a Question & Answer session. To register for a Civil Litigation Webinar, click the button below:

Download the New York Risk Transfer Handbook

Download Our New York Risk Transfer Handbook

The “New York Risk Transfer Handbook" is "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.”

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Risk Transfer, Subrogation & General Litigation at Lois Law Firm

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.

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