A Major Mondays Webinar

Carrier’s Rights Under Kelly, Burns & Bissell

This video is from a live webinar that took place on: Monday, August 9, 2021 at 3:00 pm EST

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.

An archive of prior presentations is here.

About The “Major Mondays” Civil Litigation Webinar Series

The Civil Litigation Webinar Series, from Lois Law Firm LLC., is hosted by Civil Practice Team Leader Christopher Major, Esq. and is always held on the SECOND MONDAY of the month at 3:00 PM EST. These webinars feature a live presentation followed by a Question & Answer session. To register for a Civil Litigation Webinar, click the button below:

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About the Host

by Christopher J. Major

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.