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Jones Jones LLC Managing Partner Sarah Thomas presented to the Long Island Chapter of RIMS on May 17th, 2022 in Farmingdale, New York. Sarah was honored to present her thoughts on strategic planning regarding settlements in NYS Workers’ Compensation along with her best practices on the issues of claim reporting, fraud litigation, as well as the management of workers’ compensation and general liability global settlements to the esteemed group of risk and insurance professionals in attendance.

As Managing Partner of Jones Jones LLC, Sarah Thomas leads attorneys and clients alike through the evolving technicalities of workers’ compensation and insurance defense law. She began her career working for the Special Funds Conservation Committee where she defended the Second Injury Fund and the Fund for Reopened Cases. Thereafter, she transitioned to an associate attorney position at Jones Jones LLC. As an associate, Sarah handled numerous claims from inception to closure before the NYS Workers’ Compensation Board. In her current position as Managing Partner, she has launched many successful programs such as a settlement initiative that mitigated the cost of claims for several national clients. She has submitted several successful briefs to the Third Department on a variety of difficult workers’ compensation matters. She travels cross-country speaking about emerging industry topics. Sarah serves on the Board of the Society of New York Workers’ Compensation Bar Association, oversees settlement initiatives, and handles complex litigation pertaining to New York State construction law. Known as an attorney who embraces the use of multifaceted defense strategies, clients often seek Sarah’s guidance when navigating complex claims. She has built a reputation as someone who is innovative and always in tune with the ever-changing issues in the world of workers’ compensation.

Sarah actively engages with employers, carriers, and third-party administrators on a daily basis in order to organize and execute an impactful settlement program that will increase the number of closed workers’ compensation claims.

She leads the Jones Jones LLC team in New York and New Jersey to review and litigate cases with a “closing” mentality; meaning that the attorneys of Jones Jones LLC will always analyze a workers compensation case from a settlement perspective first and foremost. Saving our clients time and money on their claims is a priority to Sarah and the Jones Jones LLC team.

Contact Sarah and the many settlement focused partners at Jones Jones LLC at clientservices@jonesjonesllc.com if you would like to see how a targeted settlement approach can increase the number of your claim closures

Jones Jones LLC Partner Kathleen (Kassy) Ginnane provided her expert opinion as part of a panel discussion at the New Jersey Self Insurer’s Association (NJSIA) Conference May 13th, 2022 in Atlantic City, New Jersey. Kassy provided the New York perspective as part of a panel discussion entitled, “What Really Happens when you Presume: Presumption Laws and their Impact”

Kassy is often asked to provide her legal analysis to clients and conferences alike on a variety of workers’ compensation issues. At Jones Jones LLC she is a Supervising Partner, meaning she leads a team of attorneys to tailor their practice to the needs of our clients. Kassy counsels clients and attorneys on the intricacies of workers’ compensation and insurance defense law. Kassy began her legal career at Jones Jones LLC as an associate, handling thousands of New York State claims from inception through closure. As a Supervising Partner, Kassy has spearheaded many successful settlement initiatives, often hosting bulk settlement days at our firm’s office. Kassy enjoys educating employer and carrier clients on various aspects of worker’s compensation law, most recently on issues including electronic claims filing and reporting, settlement strategies, and updates to the New York State Workers’ Compensation Board internal processes. Kassy earned her LL.M. in International Legal Studies from New York University School of Law, and her LL.B. from Queen’s University, Belfast, Northern Ireland.

The May 13, 2022 panel discussion at the NJSIA was a lively one! Kathleen educated the attendees on the current state of presumptions in the NYS Workers’ Compensation system; specifically as it relates to World Trade Center and Covid-19 claims. Kassy also provided an insight in to the possible future of presumptions – with a particular focus on what the legal future might hold for Covid-19 claims.

Kassy is happy to discuss presumptions and how they affect your claims in New York State—reach out to the firm today at clientservices@jonesjonesllc.com to schedule a time and talk tailored for you and your claims team!

We are excited to announce a major win secured by Jones Jones LLC Attorney Ian Leaderman. This win highlights:

• The jurisdictional complexities that may arise while representing national or worldwide employer entities;
• The success that can come with a detailed review of the facts surrounding a claimant’s contacts with New York State versus their home state;
• The need to review a claim for an aggressive defense, despite possible filing issues with pre-hearing conference forms.

Attorney Ian Leaderman recently successfully litigated a claim before the New York State Workers’ Compensation Board for an airline client on the issue of proper state jurisdiction. The flight attendant claimant sustained injury to her neck, left shoulder, back and bilateral wrists as she pushed a drink cart during a flight between Greece and JFK. The claimant was a Georgia state resident at the time of injury and immediately begun to start treating in her home state. Thereafter, a claim was initiated with the Georgia State Board of Workers’ Compensation on September 6, 2019, just two days after the subject accident. Several “WC-2, Notice of Payment” forms were filed by the Georgia Board documenting indemnity payments made to the claimant. Eventually, the claimant’s Georgia doctors found that the claimant had reached maximum medical improvement and was 0% disabled.

Six months after the date of accident, and after receiving Georgia workers’ compensation benefits, the claimant’s New York attorney filed an initial notice of claim with the New York State Workers’ Compensation Board. In April 2021, a hearing was scheduled and evidence regarding the Georgia claim was submitted for review by the New York State Law Judge. Ultimately, Attorney Leaderman argued that there were simply insufficient ties to New York State to establish a New York claim; advising the Law Judge that the record demonstrated that the claimant resided in Georgia and chose to pursue all medical treatment in Georgia. Further, had the need for litigation, testimony, etc. arose, particularly with regard to any medical disputes, the witnesses, including the claimant’s physicians, all resided in Georgia as well.

The New York State Law Judge issued a Reserved Decision finding in favor of all of Attorney Leaderman’s points, concluding that there was a lack of sufficient contacts to established a New York State claim. The claimant’s attorney appealed this decision, heavily relying on the fact that the carrier for the airline did not timely file a pre-hearing conference form outlining the defense of jurisdiction. On appeal, Attorney Leaderman argued that the issue of jurisdiction can be raised at any stage of a workers’ compensation claim . The Board Panel agreed, and upon review, held that the carrier’s failure to file a pre-hearing conference statement is not a waiver of the issue of subject matter jurisdiction (see Hermann Transportation, 2018 NY Wrk Comp G1069461), while also noting that the New York Law Judge properly found that there is no subject matter jurisdiction in New York. The Board upheld the disallowance of the claim. Attorney Leaderman’s excellent litigation of this claim allowed for the case to remain closed with the finding of a 0% disability at maximum medical improvement.

Jones Jones LLC attorneys are ready to navigate you and your team through the complexities of jurisdictional defenses. Our attorneys will apply the necessary detailed review and aggressive approach to ensure success.

Contact us today at clientservices@jonesjonesllc.com to connect with an attorney today!