Recent Developments in Workers’ Compensation
From the Desk of Attorney Jason M. Carlton PRACTICE TIP: After a finding of Prima Facie Medical Evidence (PFME) is made, careful cross-examination of an attending physician should be undertaken to probe the certainty with which a causal relationship opinion has been provided. In the New York workers’ compensation case of [...]
Practice tip: Beware of the L Code. Consider the timeline you have to file your first FROI form and always err on using the W code or the without liability code to allow ample time to properly investigate the claim. If you are unsure of the extent of liability [...]
PRACTICE TIP: Upon receipt of an appeal from an adverse party, make sure that your counsel carefully scrutinizes the RB-89 (Application for Board Review) form looking for defects in completion of the form which might render the appeal non-reviewable on procedural grounds. In the case of Perry v. All American School [...]
Practice Tip: Medicare Set Asides are a crucial step in settling a New York Workers’ Compensation Claim. Obtaining formal approval from the Centers for Medicare and Medicaid Services (CMS) of a set aside is never required. However, obtaining approval is obviously the best case since it allows for confirmation directly from [...]
Many carriers automatically reimburse private health insurance providers in full for medical treatment and prescriptions that were initially billed to the private health insurance provider rather than a workers' compensation carrier. In many cases, full reimbursement is not appropriate. There are many valid defenses to paying some or all of these [...]
CONVERTING NEW YORK STATE WCL § 15-8 REIMBURSEMENT CLAIMS INTO A LUMP SUM ON BEHALF OF THE EMPLOYER: THE WHOLESALE WAIVER AGREEMENT PRACTICE TIP: Converting future Section 15-8 reimbursement claims into a lump sum may be a viable option resulting in immediate financial resources and elimination of the need to routinely [...]
Practice Tip: be aware that claims can be made by employees outside of the healthcare setting for infections if there is proof that the infection was contracted on the job In 1975 the Court of Appeals rendered a decision in the case of Middleton v Coxsackie Correctional Facility, 38 N.Y.2d 130 [...]
Beware of Tentative Rates and Evidence of Total Disability on Approach to Permanent Partial Disability Finding From the desk of Attorney David L. Niefer PRACTICE TIP: When addressing labor market attachment at the time of permanency, avoid “tentative rates” in the presence of medical evidence of total disability. Otherwise, the claimant [...]
From the desk of Patrick B. Guy, Attorney January 2020 PRACTICE TIP: The Workers' Compensation Board expanded the type of providers and the scope of the treatment and services they can independently provide to injured workers effective 1/1/2020. The purpose of this newsletter is to provide you with easy access to [...]
December 2019 From the Desk of Patrick B. Guy PRACTICE TIP: When evaluating a medical opinion on schedule loss of use, make certain the physician is appropriately interpreting and applying any Special Considerations set forth in the 2018 Impairment Guidelines. If a Special Consideration applies, the doctor’s opinion can be limited [...]
