Building Blocks Seminar 1/26/2023

I had the privilege today of teaching a Continuing Legal Education seminar for NJICLE. My focus was on the types of resolutions available under the law and some strategies for preparing your case and getting your clients the best recovery possible. I was pleased to present along with some of my favorite practitioners and jurists:

Jammie Jackson, Esq. from Kotlar, Hernandez & Cohen, a wonderful person and incredible attorney with whom I used to practice;

Rick Rubenstein, Esq. from Rubenstein, Berliner & Shinrod, an absolute wealth of knowledge and the guy who literally wrote the book on WC law;

Brian Budic, Esq. from Florio Perucci et al, a formidable defense attorney as well as experienced family lawyer and all-around nice guy;

Mark Setaro, Esq. from Weber Gallagher, another extremely capable respondent counsel, and my adversary on one of my favorite trials. He is one of the most thoughtful and reasonable people in our practice, an absolute pleasure to work with; and

Judge French and retired Judge McNamee. I have appeared in front of them both and they’ve found the perfect balance between technical knowledge and true concern with the well-being of the injured worker in New Jersey.

Thanks to all of the participants for sharing their knowledge and for having me to do my part.

Rick mentioned the 1974 report where the State investigated the workers’ compensation system. I have not yet had a chance to read it but for anyone interested, it’s available on the state’s website here.

If you have any questions about injuries at work, I am available and happy to talk to you, your family and/or all of your coworkers about the benefits injured workers should get in New Jersey.

The Big Impact of a Small Change

The New Jersey legislature drafted and passed, and Gov. Murphy recently signed into law, Senate Bill 2253 which deals with medical record reproduction costs. While this is not a bombastic change, especially in light of the legal upheavals that we experience on a near-daily basis right now, it will have a significant impact for New Jerseyans, especially the injured workers I represent.

Under the old status quo, when my clients go to an emergency room after an accident, or treat on their own when a carrier ignores their pleas, I eventually request these records and have them reviewed by experts to either a) get them more treatment, or b) secure them a financial award for their loss of function.

The cost of those records is significant; $1 per page plus search fees, mailing costs, and myriad other ways to beef up the charges. These costs were inevitably passed along to the injured worker, who could have hundreds of dollars of their judgment or settlement go to medical record costs. I won’t even get into the very lucrative business of middlemen who may or may not charge correctly regardless of the law.

Under the new law, under most circumstances, the cost of a patient’s records for someone like me is $50 max, a $20 search fee and shipping, and a separate cost for diagnostics, if applicable (up to $30/DVD plus a $10 admin fee).

It may seem like small potatoes, but I just paid $110.73 for a 93 pages of records for one particular client last month. That would have been at least $30 less under the new law; that’s $30 back in the pocket of a New Jersey worker who is only paying for records because he was denied the care he was supposed to get under the law to begin with. Considering that there are nearly 150,000 industrial accidents in New Jersey each year, with about 35,000 formal claims filed, and many records are significantly larger than 93 pages, the impact overall is likely to be dramatic.

This is a small win for each New Jersey worker, which adds up to a big win for us all.

The Journey Begins

After spending nearly a decade working for other firms, making thousands of court appearances, in-person and remote, representing hundreds injured workers, taking the testimony of dozens of clients and doctors, and writing briefs and handling a few appeals..

On July 1, 2022, I incorporated Solin Law.

I am so grateful to the clients I’ve had the honor of representing over the years. I have always tried my best to get them the best possible result in their cases and I’ve learned more from them and their varied experiences than they did from me. I’m looking forward to giving the same effort (with even more legal knowledge) on a smaller, more personal scale in this new venture and I’m thankful to those who have already joined me.

This area will contain occasional legal updates and news about the firm.

If you’re reading this, you’re part of this journey. I sincerely appreciate your time and attention. If you have any questions or just want to chat, contact me using the info below. I’m here to listen.

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