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 [...]
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 [...]
From the Desk of Attorney David L. Niefer PRACTICE TIP: Even if claimant works for a healthcare facility, careful analysis of the facts of each claim will increase the prospect for a disallowance. In the case of Ryan Health Women & Children, WCB G3002731 (7/26/22), a three member Board Panel [...]
