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So far Kathryn Gitto has created 25 blog entries.

APPLYING GENDUSO WHEN A SINGLE CLAIM INVOLVES MULTIPLE JOINTS: THE MMI TRIGGER

From the Desk of Attorney David L. Niefer   PRACTICE TIP: Separate MMI findings leading to separate permanency decisions arising out of the same accident can trigger the application of Genduso resulting in a credit from the initial SLU award.   As a general proposition, the case of Genduso v. New York [...]

APPLYING GENDUSO WHEN A SINGLE CLAIM INVOLVES MULTIPLE JOINTS: THE MMI TRIGGER2021-11-30T10:51:31-05:00

All or Nothing: Dealing with the WCB’s New Section 32 Guidance

Practice Tip: When seeking to have the claimant sign a Resignation Agreement or General Release, it must now be included in the Section 32 agreement. You need to consider whether its inclusion might jeopardize approval of the Section 32.   When settling workers’ compensation claims by a Section 32 agreement, some employers [...]

All or Nothing: Dealing with the WCB’s New Section 32 Guidance2021-10-28T13:37:17-04:00

A Cash Advance is Not a Litigation Expense

A Cash Advance is Not a Litigation Expense: Remember to carefully scrutinize any closing statement arising out of a third-party action PRACTICE TIP: While the workers’ compensation insurance carrier is responsible for its equitable share of the cost of litigation giving rise to a third party settlement or judgment, careful scrutiny of [...]

A Cash Advance is Not a Litigation Expense2021-09-30T10:16:19-04:00

Don’t pay for a hand when a thumb will do

PRACTICE TIP: If a work injury has resulted in a diagnosis of de Quervain’s disease, make sure that the attending and consulting physicians are properly determining whether permanency remains in the hand or thumb.    Under Chapter 3 of the 2018 Workers' Compensation Guidelines for Determining Permanency, Injuries to the Hand are [...]

Don’t pay for a hand when a thumb will do2021-08-31T11:52:39-04:00

Traumatic vs Occupational Hearing Loss: What is the difference?

PRACTICE TIP:  In defending a hearing loss claim, it first must be determined whether the claim is being asserted for a traumatic or an occupational loss in order to determine the necessary filing requirements.   Under the New York Workers' Compensation Law, the filing requirements for a traumatic hearing loss arising out [...]

Traumatic vs Occupational Hearing Loss: What is the difference?2021-07-30T11:14:39-04:00

YOU DO NOT NEED THE CINEMATOGRAPHER TO BENEFIT FROM THE CINEMATOGRAPHY

PRACTICE TIP:           The liberal rules of evidence governing NYS workers’ compensation proceedings permit the admissibility of surveillance evidence even in the absence of the investigator who secured video evidence. Under WCL Section 118 neither the common law nor statutory rules of evidence nor the technical or formal rules of procedure are [...]

YOU DO NOT NEED THE CINEMATOGRAPHER TO BENEFIT FROM THE CINEMATOGRAPHY2021-06-29T10:14:06-04:00

Summer Sunburns: Don’t Forget About Chapter 14 of the NYS Guidelines for Determining Permanent Impairment

PRACTICE TIP:      Although burn injuries often affect extremities, do not assume a schedule loss of use if the criteria of Chapter 14 of the 2012 Permanent Impairment Guidelines apply.    In the recent case of Matter of Mayewski v. Superior Plus Energy Servs., 2021 WL 921819 (3rd Dept. 2021), the claimant [...]

Summer Sunburns: Don’t Forget About Chapter 14 of the NYS Guidelines for Determining Permanent Impairment2021-05-21T10:52:00-04:00

AN INDEPENDENT MEDICAL EXAMINATION IS NOT A RECORD REVIEW: DO NOT LET YOUR RECORD REVIEW GET PRECLUDED

From the Desk of Attorney David L. Niefer   PRACTICE TIP:  The service and filing requirements with regard to a report generated after a physical examination are not the same for a record review.  Knowing the difference will help prevent a record review from being precluded from evidence.      In 2000, [...]

AN INDEPENDENT MEDICAL EXAMINATION IS NOT A RECORD REVIEW: DO NOT LET YOUR RECORD REVIEW GET PRECLUDED2021-04-30T13:59:05-04:00

Pass Go and Collect $200 -Collecting SLU and Classification under Arias

In claims that involve both injuries to the spine and extremities, at the time of permanency, a claimant may obtain evidence of a classification and a schedule loss of use.  In the past, in order to collect a schedule loss of use, there had to be a finding of no permanency to [...]

Pass Go and Collect $200 -Collecting SLU and Classification under Arias2021-03-30T10:07:36-04:00

AN ARM AND A LEG: CALCULATING PROTRACTED HEALING WHEN A SINGLE CLAIM INVOLVES MULTIPLE EXTREMITIES

PRACTICE TIP:  When negotiating a schedule loss of use award involving multiple extremities, first determine whether periods of temporary total disability can be assigned to individual extremities in order to avoid additional weeks of indemnity benefits due to protracted healing.     In the case of Department of Correction, WCB G127 [...]

AN ARM AND A LEG: CALCULATING PROTRACTED HEALING WHEN A SINGLE CLAIM INVOLVES MULTIPLE EXTREMITIES2021-01-28T13:56:45-05:00