by Melissa Day | Mar 13, 2013 | NYS Workers Compensation
A chiropractic variance request based on alleged functional improvements and expected continued improvements may not be granted if the chiropractor continues to find that the claimant is totally disabled despite the alleged improvements. In Hudson Valley DDSO, 2013 NY...
by Melissa Day | Feb 23, 2013 | NYS Workers Compensation
I recently encountered what I found to be a fascinating fact pattern while defending a local town on what was otherwise a standard claim involving competing opinions on permanency from an attending physician and an IME. On June 14, 2011, the DEA and local Western New...
by Melissa Day | Feb 5, 2013 | NYS Workers Compensation
Governor Cuomo’s 2013 – 2014 Budget Proposal, includes legislation which, in addition to proposing simplification of employer assessments, closing the Fund for Reopened Cases, issuing bonds to cover the deficits of failed self-insured trusts and raising the minimum...
by Melissa Day | Jan 22, 2013 | NYS Workers Compensation
A good friend recently shared a Board Panel decision with me where the Board found that unlike the situation where the carrier has surveillance materials, the existence of which must be disclosed before a Claimant testifies, a carrier does not need to disclose...
by Melissa Day | Jan 22, 2013 | NYS Workers Compensation
Summary Regarding Changes (PDF) Highlights of the changes to the MTG include the addition of CTS Guidlines, the addition of provisions related to “Maintenance Care,” and the elimination of anterior acromioplasty and chondroplasty from the list of procedures requiring...
by Melissa Day | Jan 14, 2013 | NYS Workers Compensation
WCL §15(3)(v) which permits claimants with SLUs greater than 50% for possible additional payments of compensation following exhaustion of the schedule, should be subject to the new PPD caps found in WCL §15(3)(w) because the statute indicates, among other...
by Melissa Day | Jan 10, 2013 | NYS Workers Compensation
I have a claim where the judge directed submission of briefs on the outstanding issues on a very complicated case including compensability and fraud, which came and went four weeks ago without a submission from Claimant’s counsel. The original date was earlier, but...
by Melissa Day | Jan 5, 2013 | NYS Workers Compensation
CLAIMANTS WHO HAVE A 0% LWEC, LOSS OF WAGE EARNING CAPACITY, ARE ENTITLED TO 225 WEEKS OF CAPPED PPD BENEFITS. In more than one Board Panel Decision, including Wegmans, 2012 NY Wrk. Comp. 32313, G003 2313 and Great Meadow Correctional, 2012 NY Wrk. Comp. 114439, G011...
