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News

Home > Archives for News

Workers’ Compensation Legislative Changes in New York State as published in the New York Law Journal

10.27.2022

New York state workers’ compensation law is in a time of unprecedented change. Our Managing Partner Sarah Thomas shares her views in the New York Law Journal on several of the proposed changes that may well have a deleterious effect on many industries operating within the state.

October 12 2022 - Jones Jones -New York Law Journal-Workers Compensation Legislative Changes in New York State _ New York Law Journal3434

 

Filed Under: Blog, Education, News

Jones Jones was Recently Quoted in Workers’ Compensation Experts

10.24.2022

Sarah Thomas, our managing partner offers her thoughts on settling claims involving surgery to Workers’ Compensation Experts.  Read more insight on this process from Sarah here.

Filed Under: Blog, Education, News

News Alert: NYS WCB Issues Bulletin on 32s and Releases

10.15.2021

On October 8, 2021 the NYS  Workers’ Compensation Board issued a bulletin in regards to Section 32 Agreements: https://content.govdelivery.com/accounts/NYWCB/bulletins/2f633a4.  The main points of the Board’s announcement are as follows:

  • The Board will disapprove a Section 32 Agreement if it becomes aware that as a condition of entering into the Section 32 Agreement, the parties entered into a separate agreement or contract that contains terms which are not included in the agreement submitted to the Board;
  • As of 12/6/21, all 32 Agreements must be accompanied by an affidavit (if signed by attorney) or affirmation (if signed by non-attorney) executed by the person who has signed the 32 Agreement on behalf of the carrier, self-insured employer, or TPA. This affidavit /affirmation will affirm, under penalty of perjury, that the agreement submitted to the Board contains all terms and conditions and that no separate agreement or contract has been entered into by the parties that are not reflected in the agreement submitted to the Board;
  • The Board will give “significant scrutiny” to any term in the Section 32 Agreement providing for a general release to all claims against the carrier, self-insured employer, or TPA.

What does this mean for your settlement program? If your insured, carrier, or self-insured employer wishes to move forward with a Section 32 agreement along with any other agreement, such as a release- all terms must be included within the language of the Section 32 Agreement.  Please contact us at clientservices@jonesjonesllc.com to discuss the implications of this Board bulletin and how it may affect how your Section 32 Agreements are written and their subsequent review by the Board.  As always, the attorneys of Jones Jones LLC look forward to working with you and your team to navigate your settlement program towards great success.

Filed Under: Blog, News Tagged With: New York, workers comp

Our Loss Transfer Department Passes $2 Million in Client Recoveries in 2021

07.17.2021

Jones Jones LLC is an industry leader in identifying and securing mitigation opportunities for carriers, TPAs, and self-insured employers.  Loss transfer is a perfect example of how the winning litigation strategies utilized by our attorneys will bring you and your team the very best savings available for your claims.

Just in the first half of 2021 alone, the experienced Jones Jones LLC loss transfer team-lead by Partners Jacqueline Mancino and Agnes Neiger,  have recovered over $2.3 million dollars for clients by way of loss transfer. In fact, our recovery rate is over 96% for the amount of loss transfer recovery sought. Moreover, the Jones Jones LLC team has saved millions of dollars for clients in the defense of loss transfer claims brought against them. This is a major win for many clients as loss transfer is a vital mitigation tool that should always be reviewed, and if applicable, utilized fully in the claims process.

What is loss transfer? How can you ensure that you and your team are taking full advantage of loss transfer opportunities?

Loss transfer is the process by which an insurer or self-insurer that pays No-Fault benefits or Workers’ Compensation benefits in lieu of No-Fault benefits can recover reimbursement from the insurer of the party at fault for the accident. For a claim to qualify for loss transfer, the underlying loss must arise from a motor vehicle accident involving a vehicle for hire or a vehicle weighing in excess of 6,500 pounds. Loss transfer claims are resolved either by way of a settlement or they are heard via mandatory inter-company arbitration.   Arbitration Forums, Inc. is the sole forum designated by the State of New York to hear loss transfer matters.  A Workers’ Compensation carrier or self-insured employer can seek reimbursement of up to $50,000.00 in past payments on each Workers’ Compensation claim. However, a No-Fault carrier can seek over $50,000.00 via loss transfer if they have Optional Basic Economic Loss coverage. The Jones Jones LLC team is excellent at identifying and protecting clients’ rights in rare situations where Workers’ Compensation carriers can assert a lien for the first $50,000 paid on a claim arising from a motor vehicle accident. Our team guides clients  in order to avoid making common mistakes that can cost them thousands or even millions of dollars over time.

The loss transfer attorneys of Jones Jones LLC have nearly three decades of combined experience in working in the loss transfer arena, from inter-company arbitration hearings up to the highest appellate courts in the State of New York.  They have also served as arbitrators with Arbitration Forums, Inc.  Additionally, Partner Jacqueline Mancino is the Secretary for the New York State Loss Transfer Advisory Committee.  Partners Neiger and Mancino, and their highly skilled team, have the experience and knowledge to ensure that all of your claims with a loss transfer opportunity are fully vetted to obtain the maximum amount of recovery afforded to each claim.  Our attorney and paralegal team reviews each case referred to the loss transfer department to confirm that the claim is eligible for recovery. They then undertake an extensive review of the payments made on qualifying claims to identify all recoverable payments and review all accident documents to determine how best to prove liability.

The loss transfer attorneys of Jones Jones LLC are excited to assist you in the loss transfer process.   Contact us today at clientservices@jonesjonesllc.com for all of your loss transfer needs.

Filed Under: Blog, News Tagged With: loss transfer, New York

New York Workers’ Compensation Fact Sheet

10.04.2020

Jones Jones LLC knows that workers’ compensation claims can be complex. In an industry bogged down by forms, statutes, and filings, we aim for efficiency in all we do.  To that end, we wanted to make sure that you, our clients, had access to the most up-to-date pertinent information regarding New York workers’ compensation.

Are you an examiner that is looking for a quick reference? Are you a risk manager overseeing New York claims? Are you an employer addressing your first workers’ compensation case? Please look no further than the Jones Jones LLC New York Workers’ Compensation Fact Sheet.

New York Workers Compensation Fact Sheet 2022 edits

Download Here

Filed Under: Blog, News Tagged With: New York, workers comp

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