PRACTICE TIP: The WCB has now firmly established that an injured worker can freely obtain prescription medications outside of a carrier’s approved pharmacy network, therefore, C-8.1B objections will routinely be found in favor of the provider at the carrier’s approved network rate pending legislative revisions or Appellate review. In the case [...]
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: 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, [...]
