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Declan Gourley

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Third FridaysThird FridaysEpisode 90: New Legislative Proposals for Medical CareOn February 26, 2025, New York Governor Kathy Hochul announced four legislative proposals and one regulatory change designed to give injured workers more options for "timely, high-quality medical treatment." Christian Sison welcomes the one and only Declan Gourley to the podcast to discuss whether this is positive or negative for employers and carriers. You may be surprised at the conclusions these two attorneys have! What is “Third Fridays”? "Third Fridays" podcast is a live, 30-minute legal talk show from Lois Law Firm featuring moderator Christian Sison. It is the original forum in which real attorneys disc...2025-03-2133 minThird FridaysThird FridaysEpisode 47: Point/Counterpoint: The New York Medical Treatment GuidelinesIn this episode, Christian Sison welcomes fellow LOIS Partner Declan Gourley to the podcast. The Medical Treatment Guidelines were on track to be in effect for several new body parts and conditions, but what happened? Why is the implementation being delayed? Christian and Declan use the update to take two opposing positions: are the Guidelines more favorable to claimants or employers? Tune in to find out! What is “Third Fridays”? "Third Fridays" podcast is a live, 30-minute legal talk show from Lois Law Firm featuring moderator Christian Sison. It is the original forum in w...2021-01-1527 minThird FridaysThird FridaysEpisode 36: Appellate Strategy: Review of Recent DecisionsAttorney Declan Gourley joins Christian Sison for an in-depth discussion of appellate strategy in New York, by discussing reversals of interest to employers. What is “Third Fridays”? "Third Fridays" podcast is a live, 30-minute legal talk show from Lois Law Firm featuring moderator Christian Sison. It is the original forum in which real attorneys discuss workers' compensation issues, share their opinions and engage in colorful conversations. The goal of the show is to showcase the diverse perspectives of the attorneys handling workers' compensation cases. Attorneys discuss case law trends, practical litigation stra...2020-02-2136 minThird FridaysThird FridaysEpisode 30: Defending Mental Stress Claims in New YorkHost Christian Sison welcomes attorney Declan Gourley back to the podcast to discuss mental stress claims under the New York Workers' Compensation law. The attorneys discuss the standard for causally-related and compensable stress in New York, strategies for defending the cases, and provide practical examples. What is “Third Fridays”? "Third Fridays" podcast is a live, 30-minute legal talk show from Lois Law Firm featuring moderator Christian Sison. It is the original forum in which real attorneys discuss workers' compensation issues, share their opinions and engage in colorful conversations. The goal of the...2019-08-1619 minDefending EmployersDefending EmployersEpisode 98: Post-Decision Practice in New YorkAttorneys Christian Sison and Declan Gourley lead a discussion on the technical and practical aspects of appeals of Board decisions in New York. They Discuss the Following Should We Appeal? Where Does Case Law Come From? Appeal Path What Can We Appeal Full Board or Appellate Division? Both? Court of Appeals Tactics: Stays and Costs How to attend these webinars live and ask questions Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Register for a New York Workers' Compensation Webinar Register for a New Jersey Wo...2019-02-1821 minDefending EmployersDefending EmployersEpisode 98: Post-Decision Practice in New YorkAttorneys Christian Sison and Declan Gourley lead a discussion on the technical and practical aspects of appeals of Board decisions in New York. They Discuss the Following Should We Appeal? Where Does Case Law Come From? Appeal Path What Can We Appeal Full Board or Appellate Division? Both? Court of Appeals Tactics: Stays and Costs How to attend these webinars live and ask questions Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Register for a New York Workers' Compensation Webinar Register for a New Jersey Wo...2019-02-1821 minThird FridaysThird FridaysEpisode 23: Medicare Set AsidesAttorney Declan Gourley joins host Christian Sison to discuss Medicare Set Asides in workers' compensation claims. The attorneys discuss an interesting issue arising from air ambulance services and fee schedules. What is “Third Fridays”? "Third Fridays" podcast is a live, 30-minute legal talk show from Lois Law Firm featuring moderator Christian Sison. It is the original forum in which real attorneys discuss workers' compensation issues, share their opinions and engage in colorful conversations. The goal of the show is to showcase the diverse perspectives of the attorneys handling workers' compensation cases. Atto...2019-01-1820 minDefending EmployersDefending EmployersEpisode 93: Impact of Largest Hearing Point Going Virtual in New YorkOn December 3, 2018, the Jamaica hearing point goes "virtual." This hearing point serves the Bronx and Queens and is the largest single hearing point in the New York workers' compensation system. This transition to virtual hearings caps off a year-long project by the Board to roll out virtual hearings across the State and make attorney check in through the virtual hearing system mandatory across the entire system. Lois Attorneys Joe Jones, Declan Gourley, and John Marzolla present a roundtable discussion on what this means for employers and carriers. How to attend these webinars live and ask questions 2018-11-3012 minDefending EmployersDefending EmployersEpisode 93: Impact of Largest Hearing Point Going Virtual in New YorkOn December 3, 2018, the Jamaica hearing point goes "virtual." This hearing point serves the Bronx and Queens and is the largest single hearing point in the New York workers' compensation system. This transition to virtual hearings caps off a year-long project by the Board to roll out virtual hearings across the State and make attorney check in through the virtual hearing system mandatory across the entire system. Lois Attorneys Joe Jones, Declan Gourley, and John Marzolla present a roundtable discussion on what this means for employers and carriers. How to attend these webinars live and ask questions 2018-11-3012 minDefending EmployersDefending EmployersEpisode 90: Virtual Hearings in New York UpdateOn October 25, 2018 the Board announced that the virtual hearing pilot program was permanent across New York. Lois Attorneys John Marzolla, Christian Sison, and Declan Gourley present a roundtable discussion on what this means for employers and carriers. How to attend these webinars live and ask questions Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Register for a New York Workers' Compensation Webinar Register for a New Jersey Workers' Compensation Webinar Schedules and Information Handout materials are provided in advance of each session. The webinar co...2018-11-0515 minDefending EmployersDefending EmployersEpisode 90: Virtual Hearings in New York UpdateOn October 25, 2018 the Board announced that the virtual hearing pilot program was permanent across New York. Lois Attorneys John Marzolla, Christian Sison, and Declan Gourley present a roundtable discussion on what this means for employers and carriers. How to attend these webinars live and ask questions Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Register for a New York Workers' Compensation Webinar Register for a New Jersey Workers' Compensation Webinar Schedules and Information Handout materials are provided in advance of each session. The webinar co...2018-11-0515 minDefending EmployersDefending EmployersEpisode 78: Virtual Hearings in New YorkNew York is replacing in-person hearings with “Virtual Hearings” held via web conference. LOIS is holding two webinars led by attorneys who have handled virtual hearings in New York to discuss what this means for claims handling, claim defense, and costs. Attorneys Declan Gourley, Esq., Christian Sison, Esq., and Tashia Rasul, Esq., discuss the impact of virtual hearings in New York workers’ compensation claims. How to attend these webinars live and ask questions Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Register for a New York Workers' Compensa...2018-06-1319 minDefending EmployersDefending EmployersEpisode 78: Virtual Hearings in New YorkNew York is replacing in-person hearings with “Virtual Hearings” held via web conference. LOIS is holding two webinars led by attorneys who have handled virtual hearings in New York to discuss what this means for claims handling, claim defense, and costs. Attorneys Declan Gourley, Esq., Christian Sison, Esq., and Tashia Rasul, Esq., discuss the impact of virtual hearings in New York workers’ compensation claims. How to attend these webinars live and ask questions Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Register for a New York Workers' Compensa...2018-06-1319 minDefending EmployersDefending EmployersEpisode 77: Virtual Hearings in New York: Panel DiscussionNew York is replacing in-person hearings with “Virtual Hearings” held via web conference. LOIS Attorneys Declan Gourley, Esq., Christian Sison, Esq. , and Tashia Rasul, Esq., discuss the impact of virtual hearings in New York workers’ compensation claims, particularly in regards to what this means for claims handling, claim defense, and costs. How to attend these webinars live and ask questions Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Register for a New York Workers' Compensation Webinar Register for a New Jersey Workers' Compensation Webinar Schedules and Informat...2018-05-3131 minDefending EmployersDefending EmployersEpisode 77: Virtual Hearings in New York: Panel DiscussionNew York is replacing in-person hearings with “Virtual Hearings” held via web conference. LOIS Attorneys Declan Gourley, Esq., Christian Sison, Esq. , and Tashia Rasul, Esq., discuss the impact of virtual hearings in New York workers’ compensation claims, particularly in regards to what this means for claims handling, claim defense, and costs. How to attend these webinars live and ask questions Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Register for a New York Workers' Compensation Webinar Register for a New Jersey Workers' Compensation Webinar Schedules and Informat...2018-05-3131 minDefending EmployersDefending EmployersEpisode 75: What Virtual Hearings Mean for YouNew York is replacing in-person hearings with “Virtual Hearings” held via web conference. LOIS is holding two webinars led by attorneys who have handled virtual hearings in New York to discuss what this means for claims handling, claim defense, and costs. Attorneys Declan Gourley, Esq., Christian Sison, Esq., and Greg Lois, Esq., discuss the impact of virtual hearings in New York workers’ compensation claims. How to attend these webinars live and ask questions Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Register for a New York Workers' Compensa...2018-05-2231 minDefending EmployersDefending EmployersEpisode 75: What Virtual Hearings Mean for YouNew York is replacing in-person hearings with “Virtual Hearings” held via web conference. LOIS is holding two webinars led by attorneys who have handled virtual hearings in New York to discuss what this means for claims handling, claim defense, and costs. Attorneys Declan Gourley, Esq., Christian Sison, Esq., and Greg Lois, Esq., discuss the impact of virtual hearings in New York workers’ compensation claims. How to attend these webinars live and ask questions Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Register for a New York Workers' Compensa...2018-05-2231 minThird FridaysThird FridaysEpisode 15: State of the Virtual Hearing"Virtual Hearings" have been a real thing in New York Workers’ Compensation for almost 6 months now. What works and what doesn’t work? Does it help or hurt employers and carriers? Host Christian Sison invites attorney Declan Gourley to the podcast for a brief discussion regarding their experiences with New York State’s interesting new technology. The two of them debate over whether this is ultimately good or bad for all parties involved. They also predict what the Virtual Hearing world will look like, one year from now. What is “Third Fridays”? "Third Fridays" p...2018-04-2031 minDefending EmployersDefending EmployersEpisode 66: Medicare Secondary Payer Set-Asides and Conditional Payments in New York Workers’ Compensation CasesAttorney Declan Gourley leads a presentation designed to help the attendee answer the following questions: “Can I settle this case?” and “Does Medicare have a current interest I need to consider?” and “Do I need to consider Medicare’s future interest?” Presenter Declan Gourley has years of experience representing claimants before the Social Security law judges and employers and carriers before the Workers' Compensation Board. At the end of the presentation, the attendees will have a basic understanding of Medicare Secondary Payer exposure and when they need to consider Medicare’s interest in a lump-sum settlement. How to attend these...2018-01-1613 minDefending EmployersDefending EmployersEpisode 66: Medicare Secondary Payer Set-Asides and Conditional Payments in New York Workers’ Compensation CasesAttorney Declan Gourley leads a presentation designed to help the attendee answer the following questions: “Can I settle this case?” and “Does Medicare have a current interest I need to consider?” and “Do I need to consider Medicare’s future interest?” Presenter Declan Gourley has years of experience representing claimants before the Social Security law judges and employers and carriers before the Workers' Compensation Board. At the end of the presentation, the attendees will have a basic understanding of Medicare Secondary Payer exposure and when they need to consider Medicare’s interest in a lump-sum settlement. How to attend these...2018-01-1613 minThird FridaysThird FridaysEpisode 11: Scheduled Loss of Use Guidelines in New YorkHost Christian Sison welcomes guest attorney Declan Gourley to this episode of Third Fridays to discuss the draft Schedule Loss of Use Guidelines coming into New York workers' compensation cases in January 2018. The attorneys discuss the first draft Guidelines issued in September 2017, the process whereby claimant's attorneys persuaded the Board to roll back the improvements, and the final draft version of the proposed Guidelines promulgated in November 2017. The attorneys discuss the likely impact of the draft Guidelines and what to do when they become effective in January 2018. What is “Third Fridays”? "Third Fridays" podc...2017-12-1527 minDefending EmployersDefending EmployersEpisode 56: Defending Occupational Exposure and Repetitive Use Claims in New YorkAttorneys Declan Gourley and Kristen Kapur discuss the defense of occupational exposure and repetitive use injuries in New York workers’ compensation claims. How to attend these webinars live and ask questions Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Register for a New York Workers' Compensation Webinar Register for a New Jersey Workers' Compensation Webinar Schedules and Information Handout materials are provided in advance of each session. The webinar courses follow the "life cycle" of a claim and correspond to chapters in the Workers' Comp...2017-09-2013 minDefending EmployersDefending EmployersEpisode 56: Defending Occupational Exposure and Repetitive Use Claims in New YorkAttorneys Declan Gourley and Kristen Kapur discuss the defense of occupational exposure and repetitive use injuries in New York workers’ compensation claims. How to attend these webinars live and ask questions Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Register for a New York Workers' Compensation Webinar Register for a New Jersey Workers' Compensation Webinar Schedules and Information Handout materials are provided in advance of each session. The webinar courses follow the "life cycle" of a claim and correspond to chapters in the Workers' Comp...2017-09-2013 minThird FridaysThird FridaysEpisode 7: Labor Market AttachmentThe defense of "Labor Market Attachment" in New York workers' compensation cases. Attorney Declan Gourley joins host Christian Sison in a discussion of the defense. What is “Third Fridays”? "Third Fridays" podcast is a live, 30-minute legal talk show from Lois Law Firm featuring moderator Christian Sison. It is the original forum in which real attorneys discuss workers' compensation issues, share their opinions and engage in colorful conversations. The goal of the show is to showcase the diverse perspectives of the attorneys handling workers' compensation cases. Attorneys discuss case law trends, prac...2017-06-1620 minDefending EmployersDefending EmployersEpisode 38: Appeals of Board Decisions in New York Workers' Compensation CasesTwo attorneys cover the fundamentals of appeals from Board decisions. Presenters Declan Gourley and Joseph Melchionne have years of experience representing employers and carriers before the Board. The presentation is designed to help the listener answer the following questions: “Should we appeal the Law Judge’s Decision in a workers’ compensation claim?” and “Does filing the appeal create a stay?” and “What are the tactical reasons for appealing the Law Judge?” “What will the appeal cost?” At the end of the presentation, the attendees will have a basic understanding of the appeals process, tactical aspects of appeals (stays), and the cost...2017-02-2016 minDefending EmployersDefending EmployersEpisode 38: Appeals of Board Decisions in New York Workers' Compensation CasesTwo attorneys cover the fundamentals of appeals from Board decisions. Presenters Declan Gourley and Joseph Melchionne have years of experience representing employers and carriers before the Board. The presentation is designed to help the listener answer the following questions: “Should we appeal the Law Judge’s Decision in a workers’ compensation claim?” and “Does filing the appeal create a stay?” and “What are the tactical reasons for appealing the Law Judge?” “What will the appeal cost?” At the end of the presentation, the attendees will have a basic understanding of the appeals process, tactical aspects of appeals (stays), and the cost...2017-02-2016 minDefending EmployersDefending EmployersEpisode 36: Medicare Secondary Payer Issues in New York Workers' Compensation SettlementsHere is the post-webinar audio from our January 16, 2017 presentation, “Medicare Secondary Payers Issues in New York Workers' Compensation Settlements" from our New York workers' compensation webinar training series. How to attend these webinars live and ask questions Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Register for a New York Workers' Compensation Webinar Register for a New Jersey Workers' Compensation Webinar Schedules and Information Handout materials are provided in advance of each session. The webinar courses follow the "life cycle" of a claim and corr...2017-01-1621 minDefending EmployersDefending EmployersEpisode 36: Medicare Secondary Payer Issues in New York Workers' Compensation SettlementsHere is the post-webinar audio from our January 16, 2017 presentation, “Medicare Secondary Payers Issues in New York Workers' Compensation Settlements" from our New York workers' compensation webinar training series. How to attend these webinars live and ask questions Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Register for a New York Workers' Compensation Webinar Register for a New Jersey Workers' Compensation Webinar Schedules and Information Handout materials are provided in advance of each session. The webinar courses follow the "life cycle" of a claim and corr...2017-01-1621 minThird FridaysThird FridaysEpisode 1: OpioidsDeclan Gourley is invited on the show to speak about the opioid epidemic and how it relates to New York Workers' Compensation. He and host, Christian Sison, discuss a recent Board Subject Number that changes an important procedural form for litigating issues involving opioids. What is “Third Fridays”? "Third Fridays" podcast is a live, 30-minute legal talk show from Lois Law Firm featuring moderator Christian Sison. It is the original forum in which real attorneys discuss workers' compensation issues, share their opinions and engage in colorful conversations. The goal of the show...2016-12-1616 minDefending EmployersDefending EmployersEpisode 31: Opiates - Third FridaysHost Christian Sison is joined by attorney Declan Gourley for a freewheeling discussion of opiate weaning in New York workers' compensation cases. Recent Board panel decision on the issue is discussed. Christian and Declan were classmates in law school and are now colleagues at Lois LLC, where they defend employers and carriers in New York workers' compensation cases. Christian hosts an informative program every "Third Friday" on hot topics in workers' compensation law. How to attend these webinars live and ask questions Join us for our monthly webinars on New York and New...2016-11-1410 minDefending EmployersDefending EmployersEpisode 31: Opiates - Third FridaysHost Christian Sison is joined by attorney Declan Gourley for a freewheeling discussion of opiate weaning in New York workers' compensation cases. Recent Board panel decision on the issue is discussed. Christian and Declan were classmates in law school and are now colleagues at Lois LLC, where they defend employers and carriers in New York workers' compensation cases. Christian hosts an informative program every "Third Friday" on hot topics in workers' compensation law. How to attend these webinars live and ask questions Join us for our monthly webinars on New York and New...2016-11-1410 minDefending EmployersDefending EmployersEpisode 24: Nonacute Pain Management Guidelines and Medical Benefits in New YorkThree attorneys (Declan Gourley, Jeremy Janis, and Greg Lois) discuss the Nonacute Pain management Guidelines in New York, including drug weaning, pain management, and urine toxicology requirements. How to attend these webinars live and ask questions Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Register for a New York Workers' Compensation Webinar Register for a New Jersey Workers' Compensation Webinar Schedules and Information Handout materials are provided in advance of each session. The webinar courses follow the "life cycle" of a claim and correspond to...2016-08-1519 minDefending EmployersDefending EmployersEpisode 24: Nonacute Pain Management Guidelines and Medical Benefits in New YorkThree attorneys (Declan Gourley, Jeremy Janis, and Greg Lois) discuss the Nonacute Pain management Guidelines in New York, including drug weaning, pain management, and urine toxicology requirements. How to attend these webinars live and ask questions Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Register for a New York Workers' Compensation Webinar Register for a New Jersey Workers' Compensation Webinar Schedules and Information Handout materials are provided in advance of each session. The webinar courses follow the "life cycle" of a claim and correspond to...2016-08-1519 minDefending EmployersDefending EmployersEpisode 17: Update to Special Report - Fund for Reopened Cases in New YorkNew York has a "Special Fund for Reopened Cases" to assume liability for reopener workers’ compensation claims. When a claimant moves to reopen a "stale" case, the employer/carrier requests relief from the "Special Fund for Reopened Cases." By shifting cases over to the Special Fund, the carrier/employer shifts the burden for paying compensation to the Special Fund. Question & answer session on the impact of the Board’s decision to appeal the recent appellate panel decision finding the closure of the Special Fund for Reopened Cases unconstitutional. How to attend these webinars live and ask questions ...2016-05-1315 minDefending EmployersDefending EmployersEpisode 17: Update to Special Report - Fund for Reopened Cases in New YorkNew York has a "Special Fund for Reopened Cases" to assume liability for reopener workers’ compensation claims. When a claimant moves to reopen a "stale" case, the employer/carrier requests relief from the "Special Fund for Reopened Cases." By shifting cases over to the Special Fund, the carrier/employer shifts the burden for paying compensation to the Special Fund. Question & answer session on the impact of the Board’s decision to appeal the recent appellate panel decision finding the closure of the Special Fund for Reopened Cases unconstitutional. How to attend these webinars live and ask questions ...2016-05-1315 minDefending EmployersDefending EmployersEpisode 15: Special Report - The Fund for ReOpened Cases in New YorkLawyers Tashia Rasul, Declan Gourley, and Greg Lois from Lois Law Firm provide Q & A on impact of the decision in American Economy Insurance Company v. State of New York, decided April 14, 2016 which found that the retroactive application of New York WCL 25-a(1-a) to policies issued before October 1, 2013 was unconstitutional. How to attend these webinars live and ask questions Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Register for a New York Workers' Compensation Webinar Register for a New Jersey Workers' Compensation Webinar Schedules and In...2016-04-2227 minDefending EmployersDefending EmployersEpisode 15: Special Report - The Fund for ReOpened Cases in New YorkLawyers Tashia Rasul, Declan Gourley, and Greg Lois from Lois Law Firm provide Q & A on impact of the decision in American Economy Insurance Company v. State of New York, decided April 14, 2016 which found that the retroactive application of New York WCL 25-a(1-a) to policies issued before October 1, 2013 was unconstitutional. How to attend these webinars live and ask questions Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Register for a New York Workers' Compensation Webinar Register for a New Jersey Workers' Compensation Webinar Schedules and In...2016-04-2227 minDefending EmployersDefending EmployersEpisode 8: Interplay between the Medicare as Secondary Payer Act and Workers' Compensation Settlements in New YorkAudio from the Lois Law Firm New York Webinar “Understanding our Medicare Secondary Payer Act Obligations (Medicare Secondary Payer).” Attorney Declan Gourley leads a presentation and discussion on the handling cases with Medicare Secondary payer Act exposure in New York. How to attend these webinars live and ask questions Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Register for a New York Workers' Compensation Webinar Register for a New Jersey Workers' Compensation Webinar Schedules and Information Handout materials are provided in advance of each sessio...2016-01-1821 minDefending EmployersDefending EmployersEpisode 8: Interplay between the Medicare as Secondary Payer Act and Workers' Compensation Settlements in New YorkAudio from the Lois Law Firm New York Webinar “Understanding our Medicare Secondary Payer Act Obligations (Medicare Secondary Payer).” Attorney Declan Gourley leads a presentation and discussion on the handling cases with Medicare Secondary payer Act exposure in New York. How to attend these webinars live and ask questions Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Register for a New York Workers' Compensation Webinar Register for a New Jersey Workers' Compensation Webinar Schedules and Information Handout materials are provided in advance of each sessio...2016-01-1821 min