New York Workers’ compensation

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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

CHONDROMALACIA PATELLA & BLUE – WHAT DO WE DO NOW?

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 [...]

CHONDROMALACIA PATELLA & BLUE – WHAT DO WE DO NOW?2022-08-31T11:30:13-04:00

WHEN PRODUCING SURVEILLANCE EVIDENCE, FOLLOW THIS SIMPLE RULE: DISCLOSE IT ALL

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, [...]

WHEN PRODUCING SURVEILLANCE EVIDENCE, FOLLOW THIS SIMPLE RULE: DISCLOSE IT ALL2022-05-31T13:22:26-04:00