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The Return of Apportionment Before Permanency

PRACTICE TIP:  Under compelling circumstances, an apportionment can be implemented with regard to medical and indemnity treatment prior to a finding of MMI/permanency.   In the Full Board Panel Decision of Robert Macvie Inc., WCB G2036125 (8/11/20), the NYS WCB considered whether apportionment is appropriate prior to a finding of permanency.  In [...]

The Return of Apportionment Before Permanency2023-04-27T13:23:11-04:00

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