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So far Kathryn Gitto has created 29 blog entries.

DON’T FORGET 1996: THE CONTINUING RELEVANCE OF THE 1996 MEDICAL GUIDELINES

From the Desk of Attorney David L. Niefer   PRACTICE TIP: When considering a claimant's temporary level of disability arising out of cervical and lumbar injuries, reference should be made to the criteria set forth in the 1996 Medical Guidelines defining various levels of disability.   Although the New York State Workers' [...]

DON’T FORGET 1996: THE CONTINUING RELEVANCE OF THE 1996 MEDICAL GUIDELINES2022-04-28T10:37:34-04:00

IT IS A SHORT TRIP ACROSS A TUNNEL OR BRIDGE – WHEN THE NEW YORK STATE FEE SCHEDULE APPLIES TO OUT-OF-STATE PROVIDERS

From the Desk of Attorney David L. Niefer   PRACTICE TIP: Even though an injured worker might reside out of state, the New York State fee schedule can apply to treatment provided out of state as long as it would not be a “hardship” if the claimant were limited to treatment in [...]

IT IS A SHORT TRIP ACROSS A TUNNEL OR BRIDGE – WHEN THE NEW YORK STATE FEE SCHEDULE APPLIES TO OUT-OF-STATE PROVIDERS2022-03-31T10:41:42-04:00

DON’T FORGET ABOUT MTG’S WHEN EVALUATING PAYMENT OF DME’S

From the Desk of Attorney David L. Niefer   PRACTICE TIP: Although the prior authorization requirements set forth at WCL § 13-a(5) do not apply to durable medical equipment (DME), any relevant Medical Treatment Guideline (MTG) provisions still must be met and a request to vary from the MTGs filed by the [...]

DON’T FORGET ABOUT MTG’S WHEN EVALUATING PAYMENT OF DME’S2022-03-31T10:43:59-04:00

IF THE CLAIMANT GETS IT WRONG, THE DOCTOR GETS IT WRONG:  DEFENDING AN OD CLAIM

From the Desk of Attorney David L. Niefer   PRACTICE TIP: Early and complete investigation is critical in successfully defending occupational disease claims.   In Urdiales v. Durite Concepts, Inc., 21 N.Y. WCLR 199 (11/18/21), the Appellate Division affirmed a decision of the Board disallowing an occupational disease claim for exposure to [...]

IF THE CLAIMANT GETS IT WRONG, THE DOCTOR GETS IT WRONG:  DEFENDING AN OD CLAIM2022-03-31T10:45:39-04:00

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 TRIGGER2022-03-31T10:46:42-04:00

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 Guidance2022-03-31T10:47:41-04:00

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 Expense2022-03-31T10:50:03-04:00

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 do2022-03-31T10:51:15-04:00

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?2022-03-31T10:53:29-04:00

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