Recent Developments in Workers’ Compensation
From the Desk of Attorney David L. Niefer PRACTICE TIP: If you are paying PPD non-schedule awards, those awards will terminate as of the date of death even if there are additional weeks owed under the statutory cap. After the enactment of the statutory caps on PPD non-schedule awards, an [...]
PRACTICE TIP: Upon receipt of medical evidence meriting an alteration in continuing indemnity awards, the WCLJ should consider the medical evidence for purposes of implementing awards since the prior hearing with a CCP direction. WCLJs routinely take the position that they do not want to create an overpayment by modifying awards [...]
From the Desk of Attorney David L. Niefer PRACTICE TIP: Consider a finding of no MMI if there is the possibility of a high SLU followed by TKR surgery. In previous editions of our newsletter, we highlighted the provisions of the Impairment Guidelines limiting a schedule award arising out of [...]
From the Desk of Attorney David L. Niefer PRACTICE TIP: Even if claimant works for a healthcare facility, careful analysis of the facts of each claim will increase the prospect for a disallowance. In the case of Ryan Health Women & Children, WCB G3002731 (7/26/22), a three member Board Panel [...]
From the Desk of Attorney David L. Niefer PRACTICE TIP: While the rules of evidence governing the admissibility of surveillance evidence in a New York State workers’ compensation proceeding are liberal, the party producing surveillance evidence must have a witness ready to confirm the completeness of the evidence produced. Previously, [...]
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' [...]
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 [...]
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 [...]
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 [...]
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 [...]
