Author Archives: Melissa Day

Appeals Inventory and Forms

On November 23, 2018, Clarissa M. Rodriguez, Chair of the WCB issued Subject 046-1119,, touting the Board’s dubious accomplishment in having reduced the appeals inventory to 3,297 applications awaiting a determination and brandishing a statistic that 92% were decided in less than 6 months. In my opinion, and I believe many practitioners would agree… Read More

Review of Workers Compensation Board Schedule Loss of Use Frequently Asked Questions and New Permanency Forms

The New York State Workers Compensation Board issued updated Workers Compensation Guidelines for Determining Impairment on November 22, 2017. The Board also issued Schedule Loss of Use Frequently Asked Questions on 10/04/18 which can be found on the NYS Workers Compensation Board Website. The 2018 Impairment Guidelines are to be used regardless of the date… Read More

New SLU Guidelines Presentation by the Board

Here are some questions that were answered, and some that were not, during the Board’s presentation on the new SLU Guidelines. Question: Please clarify – should claimant’s attorneys and carriers provide both of the new C-4.3 forms to doctors to avoid an appearance that they are suggesting a permanency outcome to the medical provider? Answer:… Read More

United States Supreme Court is Considering a Petition for a Writ of Certiorari Of the American Economy Decision

Plaintiffs in the American Economy Insurance Company case have filed a Petition for a Writ of Certiorari in the United States Supreme Court.  The petition is the mechanism by which plaintiffs request Supreme Court review of the Court of Appeals’ decision finding that the amendment to the statute in 2013 which closed the fund for reopened cases… Read More