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: 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: 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 [...]
