PRACTICE TIP: If the credit under WCL Section 15 (3) (w) is not addressed at the time a permanency determination is made, a prompt RFA-2 filing should be made seeking a determination as to the credit under WCL 15 Section (3) (w). For accidental injuries or occupational diseases occurring on [...]
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. [...]
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 [...]
