Third Fridays

Episode 14: Third Department Review

March 16th, 2018  |  31 mins 34 secs

appeals, lois law firm, new york, third department, third friday, workers' compensation

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. This is real life. These people are real, apparently!

Episode 13: Defending Specific Accident Claims

February 16th, 2018  |  27 mins 44 secs

accident claims, christian sison, lois law firm llc, tashia rasul

Today's topic: defending specific, traumatic losses. Who was the claimant working with? Who was the claimant's supervisor? What accident reporting or investigation is available? Investigating accidents, working with risk professionals, and preparing the defense.

Episode 12: Litigations Waivers, Assumption of Risk, and the General-Special Employee

January 19th, 2018  |  23 mins 16 secs

assumption of risk, vitale v. schering plough, waivers

Discussion following up on the Appellate Division and Supreme Court's decision in Vitale v. Schering Plough containing an analysis of contracts of employment where an employee waives the right to pursue damages when injured by the acts of the employer's client or customer. Host Christian Sison welcomes returning guest Christopher Major to the latest episode of Third Fridays.

Episode 11: Scheduled Loss of Use Guidelines in New York

December 15th, 2017  |  27 mins 5 secs

defend from day one, dfd1, new york, scheduled loss of use, third fridays

Host Christian Sison welcomes guest attorney Declan Gourley to this episode of Third Fridays to discuss the draft Schedule Loss of Use Guidelines coming into New York workers' compensation cases in January 2018. The attorneys discuss the first draft Guidelines issued in September 2017, the process whereby claimant's attorneys persuaded the Board to roll back the improvements, and the final draft version of the proposed Guidelines promulgated in November 2017. The attorneys discuss the likely impact of the draft Guidelines and what to do when they become effective in January 2018.

Episode 10: Loss Transfer in New York: Third Fridays Podcast

November 17th, 2017  |  23 mins 54 secs

#dfd1, article 51 of the new york insurance law, new york workers' compensation law section 29

Discussion of New York's No Fault Insurance Law (Article 51) and Workers' Compensation Law Section 29 liens in New York. Host Christian Sison welcomes returning guest Christopher Major to the latest episode of Third Fridays to discuss the interplay between the carve out of reimbursement and when it applies in New York workers' compensation cases. This episode is a must-listen for subrogation specialists, carrier risk professionals, and New York attorneys handling motor vehicle and workers' compensation cases in New York.

Episode 9: Contractors, Staffing Agencies, and Waivers

October 20th, 2017  |  29 mins 14 secs

third-party lawsuit waivers, vitale v. schering plough corp., workers compensation

An important case involving special employment, liability waivers, and contractors is headed to the New Jersey Supreme Court. Christian Sison welcomes Christopher Major to the latest episode of Third Fridays to discuss the ramifications of this case. Can an employer contract with a willing employee to waive liability of its customers? Christian and Chris try to predict the Supreme Court’s next move!

Episode 8: Cross-State Issues in Jurisdiction

September 15th, 2017  |  18 mins 13 secs

#defendfromdayone, lois llc, third fridays

Host Christian Sison is joined by attorney Joe Jones to discuss a New Jersey Supreme Court case concerning cross-state jurisdiction.

Episode 7: Labor Market Attachment

June 16th, 2017  |  20 mins 6 secs

#defendfromdayone, lois llc, third fridays

The defense of "Labor Market Attachment" in New York workers' compensation cases. Attorney Declan Gourley joins host Christian Sison in a discussion of the defense.

Episode 6: Employer's Perspective

May 19th, 2017  |  25 mins 48 secs

#defendfromdayone, lois llc, third fridays

In this episode, Christian Sison welcomes the employer's perspective to the Third Fridays podcast. Christopher Lahey, a Senior Supervising Engineer from National Grid, starts a discussion about the issues involved when investigating alleged work accidents. Christopher talks about the types of injuries sustained by National Grid employees, and how the company puts its employees in the best position to return to full duty work.

Christian and Christopher engage each other in a debate involving the risk to an employer when an employee reports work accidents in an untimely manner. This is juxtaposed with the need to fulfill productivity goals upon which the employee is judged. The two also discuss safety measures that National Grid uses in order to meet accident and claim prevention goals.

Finally, Christopher takes his turn at the show's "Guess the Outcome" segment, which is tailored directly to Christopher's expertise in reporting work-related accidents. Download this episode to get a first-hand look at how an employer deals with various issues in Workers' Compensation!

Episode 5: Permanency

April 21st, 2017  |  33 mins 57 secs

christian sison, joseph jones, lois llc, third fridays

Today's topic is permanent residual disability. Attorney Joe Jones joins moderator Christian Sison in discussing this topic.

Episode 4: Claim Fraud

March 17th, 2017  |  17 mins 51 secs

christian sison, fraud, lois llc, new york, third fridays, usra hussain, workers' compensation

Today's topic is fraud. Christian Sison welcomes Usra Hussain to the show to discuss fighting fraud in New York workers' compensation claims. Can employers prove that claimants "knowingly" violate Section 114-a? Is it always beneficial to raise fraud at the outset of a claim? The episode ends with Usra taking her turn at Guess the Outcome!

Episode 3: The Claimant Attorney Perspective

February 17th, 2017  |  23 mins 28 secs

claimant, lois llc, new york workers' compensation

Christian Sison welcomes guest attorney, Timothy Kane, to the third Episode of the podcast. Christian and Tim discuss Tim’s prior role as a claimant’s attorney, and how that has helped him to be a zealous advocate for employers. The two of them then talk about using that information to stress aggressive investigation into claims, in preparation for litigation of several issues. After Tim plays “Guess the Outcome,” he and Christian conceptualize the difficulty of rebutting the presumption afforded to claimants pursuant to Section 21 of the New York Workers’ Compensation Law.