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BEYOND THE STATUTORY CAP: TEMPORARY DISABILITY CAUSED BY POST-CAP SURGERY

PRACTICE TIP:  In order to limit additional indemnity awards, do not let a prior PPD ruling prevent ongoing claim administration.   The New York State Appellate Division has affirmed a ruling of the WCB holding that injured workers are entitled to indemnity awards post-cap when causally related surgery results in temporary disability.  [...]

BEYOND THE STATUTORY CAP: TEMPORARY DISABILITY CAUSED BY POST-CAP SURGERY2023-01-31T14:27:02-05:00

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