Jeanette Luna, Author at Workers' Compensation Defense

February 24, 2020 Disability Benefits

Using the Labor Market Attachment Defense to Your Advantage During a LWEC Trial

Under Workers’ Compensation Law Section 15(3), if a claimant has a permanent impairment to a non-schedule site, then the claimant is compensated for his or her actual loss of wage earning capacity (LWEC) caused by the disability. This stage in workers’ compensation litigation is known as classification. During the LWEC trial, the law judge not only considers a claimant’s permanent medical impairment but also vocational factors such as age, education, language ability, work history, and transferrable skills that may mitigate or aggravate the percentage of …

May 13, 2019 New Jersey / New York

Shifting Liability: A Lesson for General Contractors

Imagine this, you, a general contractor based in New Jersey, just secured a project from one of the biggest retailers to do some work at its warehouse in New York. Given the magnitude of the project, part of the work is subcontracted to another New Jersey company that guarantees it has workers’ compensation insurance. The project begins and you are unfamiliar with the number of subcontractor employees on-site, their day-to-day work responsibilities, or how work tasks are assigned.

Several weeks later, one of the subcontractor’s …