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medical evidence

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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

A PRIOR CONTINUING PAYMENT DIRECTION IS NOT SET IN STONE

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 [...]

A PRIOR CONTINUING PAYMENT DIRECTION IS NOT SET IN STONE2022-09-29T11:43:15-04:00