The Risk Roundtable

When it comes to New Jersey workers' compensation claims, there are several common yet unusual claims. There are specific ways these claims need to be handled and addressed for a good defense.

In this podcast episode, partners Robert Hanneman, Cheryl Binosa and Vanessa Mendelewski discuss unusual claims including eye injuries, hearing loss, hernia, horseplay, minor children, homeowners, and employer sponsored recreational activities. Rob, Cheryl, and Vanessa walk through each of these unusual claims and the best practices for defending them. They also provide some tips to businesses and insurance carriers on how to prevent these claims. 

Learn more by listening below.

Weber Gallagher Workers’ Compensation Co-Managing Partners Paul Fires and Jeffrey Newby discuss the differences between Pennsylvania and New Jersey workers’ compensation laws in a lively exchange designed to bring claims professionals and risk managers up to date on claims practice in these adjacent states.

Paul and Jeff cover impactful workers’ compensation topics such as the online court system, medical treatment guidelines, case settlements and Section 20’s, notice and statute of limitations effects, average weekly wage and rates, minimum and maximum indemnity rates, subrogation, when forms are important, and many more topics. Every subject covered in this podcast episode compares PA and NJ workers' compensation legislation, regulations, case impacts, and best practices in each state.

In this podcast episode, Commercial Transportation Co-Managing partner, Jim Wescoe discusses best practices for dealing with drivers including providing specific examples. He explains strategies and tactics that lead to better litigation practices to lessen the financial impact on insurance carriers.

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The value of a New Jersey workers' compensation case can be dependent on several factors. Weber Gallagher attorneys Scott Wilson and Kelsi Feldman discuss what these factors are and how surgery can increase the value of the case.

In this podcast episode, they also review how a petitioner's health is evaluated during a claim, how lost time is calculated, and return to work. They provide actual examples of using the disability chart and more.

Learn more about the different factors by listening now. 

Securing evidence following an accident is critical and can ultimately save time, money and resources down the line.

In this episode, partner Catherine De Angelis discusses the steps to ensure accurate documentation is captured following an accident. Cathy discusses what details should be collected and what is useful for potential litigation. Additionally, Cathy provides best practices and tips to help preserve the evidence of the accident.

There are approximately 3.5 million daily shipments across the United States. About 30% of these shipments are brokered.

While brokers do not own the trucks, transport the material goods, or employ drivers, they can still be involved in lawsuits following an accident. In this podcast episode, partner Jim Wescoe looks at what brokers have been up against in recent litigation and what brokers can expect in the future. Jim explains recent court rulings and how different circuits are ruling.

An Abdullah Credit is a credit for a pre-existing function loss to the same part of the body for which an award is being paid. In this episode, Weber Gallagher partners Jennifer Laver and Vanessa Mendelewski discuss Abdullah Credits and best practices for employers when they are seeking credit.

Jen and Vanessa review the process of getting credit, how to obtain medical evidence, the investigation process and more.

Our attorneys also discuss how Section 20 settlements can come into play when seeing credits.

Attorneys Vanessa Mendelewski and Jeffrey D. Newby review the statute and case law regarding the Workers’ Compensation Act in New Jersey and injuries occurring on sidewalks and parking lots while employees are coming to work or headed home. These scenarios happen all too often. You need to know what issues to look for and facts to gather.  Questions that are answered in this discussion include:

· What forms of evidence should employers and insurance carriers consider to properly defend a workers’ compensation claim for an off-premise injury?

· Are workers eligible for workers' compensation if they are injured enroute to and from work?

· What constitutes an off-premises injury, and at what point of the walk to work does the employer become responsible? Will pending legislation have a significant impact on these claims?

How will legislation from 2020 impact New Jersey workers' compensation claims in 2021 and beyond? Workers' Compensation Partners Jeffery D. Newby and Cheryl A. Binosa provide a recap and update on significant legislative changes and case law updates in New Jersey Workers' Compensation from 2020 that could impact businesses and insurers. This episode covers the hand & foot bill, coverage for cannabis, the coming and going rule, subrogation cases, jurisdiction defense, COVID-19 presumption, surveillance, and the Odd lot Doctrine. Jeff and Cheryl discuss how each topic is impactful and ways businesses and insurers should prepare for potential claims.

What do you need to provide your defense counsel with for the defense of a claim? Partners Jennifer Laver and Robert Hanneman discuss what defense counsels need to give an accurate analysis of a claim, compensability, medical treatment, temporary benefits, and exposure risk. Jen and Rob also explain why information such as wage history, an ISO report, personnel file, leave of absence, medical records, and more are essential to handle the claim efficiently. During this episode, Jen and Rob provide examples of why getting this information can reduce exposure and get pre-existing credit.