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Wednesday, December 9, 2015

The NJ Workers’ Compensation Act | Callagy Law

Examining the Exclusive Remedy Provision of New Jersey’s Workers’ Compensation Act

The following article was written by Callagy Law’s Legal Team, and will focus on many common questions and concerns surrounding new developments, legal matters, and other procedures within the field of healthcare law Medical Revenue Recovery, PIP, Workers Compensation, and Commercial Insurance. Our mission is to answer any questions and give knowledge to many different aspects of these matters.

In view of N.J.S.A. 34:15-8, it has been understood that the Division of Workers’ Compensation (“the Division”) is vested with exclusive jurisdiction over claims arising out of employment related injuries. In relevant part, N.J.S.A. 34:15-8 states:

34:15-8. Election surrender of other remedies. Such agreement shall be a surrender by the parties thereto of their rights to any other method, form or amount of compensation or determination thereof than as provided in this article and an acceptance of all the provisions of this article, and shall bind the employee and for compensation for the employee’s death shall bind the employee’s personal representatives, surviving spouse and next of kin, as well as the employer, and those conducting the employer’s business during bankruptcy or insolvency.

If an injury or death is compensable under this article, a person shall not be liable to anyone at common law or otherwise on account of such injury or death for any act or omission occurring while such person was in the same employ as the person injured or killed, except for intentional wrong.

In a recent case, the New Jersey Supreme Court found that the Superior Court had jurisdiction to make a threshold determination as to whether an injured worker was an employee or an independent contractor. See: Estate of Kotsovska v. Liebman, 221 N.J. 568 (2015). The Liebman case involved a wrongful death action brought by the estate of the deceased worker. At issue was whether the decedent was an employee or independent contractor. Significantly, the estate had not filed a petition with the Division. The Court held that when “there is a genuine dispute regarding the worker’s employment status, and the plaintiff elects to file a complaint only in the Law Division of the Superior Court, the Superior Court has concurrent jurisdiction to resolve the dispute.” In its analysis, the Court emphasized that “there was no claim pending before the Division over which it could assert jurisdiction.” The Court further reasoned that the doctrine of primary jurisdiction was inapplicable on the grounds that the question of a worker’s employment status is often determined by trial judges and juries, the Division is in no better position than the Superior Court to determine a worker’s employment status, and there was no risk of inconsistent rulings because a petition had not been filed with the Division.

It is expected that this decision will result in increased filings of workplace injury lawsuits in the Superior Court where the worker is claiming to be an independent contractor to avoid some of the limitations on redress in the Division.

We hope you have found this information helpful and interesting. Please reach out to us here with any questions or comments regarding healthcare legal matters, or if you are a medical provider that has questions regarding Medical Revenue Recovery, PIP, Workers Compensation, and Commercial Insurance.. Feel free to search us on Facebook, Twitter or LinkedIn! Additionally you can subscribe to our daily videos on YouTube.

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The NJ Workers’ Compensation Act | Callagy Law

Friday, November 13, 2015

New AND FREE to Share - Why Not with Sean Callagy #16

Today’s Why Not Huddle with Sean Callagy:

Why Not Realize Defensiveness Destroys!

Dear Kindred Spirits, Welcome to our third “Why Not” Friday, and your 16th episode of the Why Not Huddle.

How are you doing so far?

We are here to support you. Send any questions or comments to scallagy@callagylaw.com if you need a private response or post your questions for a response.

Yesterday, we were discussing a very common challenge for all of us: when it’s us, we don’t think we can “do” much more to change things to increase the quality of our results.

When last we spoke, our friend from yesterday was believing she was doing “everything”. I have heard this more times than you can imagine over the past twenty years. One of the great destroyers of success is people’s defensiveness.

Most often, their defensiveness is rooted in a feeling that somehow their success, whether it be financial, sales, business, career, or whatever, is directly connected to who they are and their value as a human being.

We had a great comment from Paul C. yesterday describing the amazing compounding of a penny over one month. Check it out on Callagy Law Facebook. It is this concept that most people cannot grasp, in my experience, when it comes to them.

When I speak with business people who have big goals, but are challenged to reach them, they want to hear new “tricks”. What people become defensive and resistant when we begin to discuss the very simple shifts available that can create enormous benefits. In the situation with my friend, a real life example, she felt very successful in negotiating a $15,000.00 per month billing contract. I thought she got completely taken advantage of and her fear got to her.

She didn’t like hearing that. I am completely confident that a fair arrangement would have yielded one to two million dollars per year. She really didn’t like hearing that. Moreover, I shared that she didn’t have enough products to cover her clients’ full needs, and therefore, was losing sales. I also believed her marketing process to get to meetings was very weak, and therefore, tons of opportunities were being missed. Her response was that I thought I was smarter than her, and did I know how much she’s accomplished.

My answer: I don’t care. Well, I do care, but not enough for me to lie to her and tell her something different than the truth. The truth is, a few tiny changes, and the company will go from a one million dollar to ten million dollar company in less than three years. She still didn’t like it. Why? She was at affect.

She was also lacking the at cause ability to be completely self-aware and open to the turning of a couple of small screws to explode her business forward. After a few tears and some back and forth (that’s where my skills come in), we agreed to turn those screws. Here’s the challenge though: we all do this.

We all avoid the simple obstacles that will lead us to our results because we are often very emotionally committed to its meaning about us a smart, strong and competent person.

What? It goes like this: could a twenty dollar book or a free video really increase my income by thousands or even millions of dollars over time. Absolutely!!!!!!!!!! BUY, not if defensiveness and the need to prove how unique and impossibly unique your problems are. Let’s be open, self-aware and AT CAUSE! Have an amazing Friday and weekend.

Please share this, ask questions and post comments. We are over 11,000 Callagy Law Facebook Likes. Next stop: 50,000. Please help us get there. When we do, we are giving away a phenomenal gift worth over $1,000.00 to everyone.

Why Not?

In Your Service,

Sean Callagy

Please subscribe on YouTube and spread the word.

You can see all of our WHY NOT – HUDDLE videos by clicking here and subscribing! If you have questions about any of the content you see or to have your questions answered on an upcoming show by Sean, please email your questions directly to him by clicking here.

The Daily Why Not Huddle is for you if you want more money, time, or fulfillment. The Why Not Huddle with business coaching expert, successful entrepreneur, and attorney Sean Callagy provide the essential daily ingredients for you to create and achieve your destiny.

New AND FREE to Share - Why Not with Sean Callagy #16

Tuesday, November 10, 2015

NEW! Free! Why Not #13 - Why Not Double Your Income? - November 10, 2015

Today’s Why Not Huddle with Sean Callagy

Dear Kindred Spirits:

Before we get to this question, please check out our Why Not Talk with sales award winner Rey Rostami who’s used my Success Formula to triple meeting numbers for his team. There’s a challenge though… We are going to help Rey out! Join us on YouTube and subscribe. Hey, it’s got massive value, and it’s FREE. Anyone you know that is involved in sales has will benefit big time.

Now, suspend your belief for a moment, and simply answer this question: Would You Want to Double Your Income?

How does that question make you feel?

Does it make you excited? Does it make you stressed? Does it make you think I’m setting you up for something? Does it make you feel like there’s a scam on the way?

They idea of Why Not is to be the first indispensable building block of living “At Cause” (for a great explanation on that, check out Why Not Episode number 11 from November 6, 2015).

When we begin to discuss the idea and topic of money, it impacts people in ways that are directly related to our feelings about money. Our feelings about money relate to our beliefs about money.

What do you think about people who are RICH?

Describe how rich people act, feel, and relate to other people. What level of empathy and caring do “rich” people display?

I don’t mean tell me what you think is the “right” answer. I mean tell me what you really feel.

If your answer is positive, then I guarantee you that you either have or are on your way to having, more money than most people.

On the other hand, if you are answering that question in a negative way, then I would say that money and finances are a challenge in your life.

Now, before you feel judged, please keep in mind that I am trying to help. We will talk more about money in the future. This short letter is designed to help you think about the basics of where you are emotionally, right now, with regard to your relationship to money.

By the way, most, certainly mot all, but most people would like to double their income. What is amazing, is how relatively easy it is to do.

Now, I’ve possibly really touched a nerve. Money is one of the issues most attached to our egos. Thus, there may be a strong desire to make me “wrong” right now that you are feeling.

You’ve possibly heard me introduce the concept of “Zone Action” in prior Why Not Huddles. After having spent time coaching hundreds of different people, I’ve found that very few people ever get near Zone Action to increase their income or the profit from their business.

I am fortunate to earn a great living. Within one year, if I so choose and follow my own success formula, I would certainly double my income. I know this with absolute certainty. The only way I wouldn’t, is if I wasn’t in Zone Action.

The challenge is, most people never get into Zone Action to double their income because they don’t have the right emotional relationship with money.

So, for today, think about what you really feel. Then, ask if those feelings are serving you and your finances.

On a final note: don’t think you can set the value for double your salary. That is a major move. It is set by the value you create for others, either your company or your clients if you own a business.

Then, be ready to truly live a Why Not life and commit to playing a huge game to get there.

By the way, I helped one client go from making $150,000.00 per year to $500,000.00 per year in 1, yes ONE, coaching session. That income level lasted for nearly a decade from one of his businesses.

And no, I am not actively taking on coaching clients right now. I’m telling you that to help you to understand that I know what I am talking about and how real your potential is.

Why Not?

If you see value in these Why Not Letters and our Why Not Talks, please forward them and share them. Subscribe to our Why Not Huddle on my Sean Callagy You Tube and like our Callagy Law Facebook Page to get these materials.

Check out our Why Not Talk with Rey Rostami later today who increased meeting numbers by numbers incredibly by application of my Success Formula.