by Melissa Day | Aug 3, 2015 | MAD News
Here is a quiz to test your NY Workers’ Compensation knowledge. Do you have MAD skills? Answers will be published as a separate post in one week. To obtain an answer key immediately, contact mday@getMAD.today. What is the Special Funds WCL § 15(8)(d) reimbursement...
by Melissa Day | Jul 21, 2015 | MAD News
WCL §13-f only permits treatment of workers compensation claimants by physicians or other qualified individuals authorized by the statute. WCL §13-m(2)(a) identifies individuals who are considered qualified to provide psychological care to injured workers and limits...
by Melissa Day | Jul 13, 2015 | MAD News
A work-related injury that prevents a claimant from working could qualify the claimant for awards at the temporary total disability (TTD) rate. The claimant’s treating provider is expected to establish if the claimant is temporary totally disabled and should express...
by Melissa Day | Jul 1, 2015 | MAD News
For this week’s blog post, I decided to pull a case from the archives in honor of our Day of Independence. In honor of the upcoming holiday, and in hopes that it will be a guiding principle throughout your Fourth of July events and the year to come, we review the...
by Melissa Day | Jun 29, 2015 | MAD News, NYS Workers Compensation
IMEs are vital in the defense of most workers’ compensation claims, and the legislature and Board has spent a great deal of effort to ensure their impartiality and uniformity; at least for timely service on all the parties. A lesser known aspect of both the Workers’...
by Melissa Day | Jun 14, 2015 | MAD News
New York State Workers’ Compensation Board’s Regulatory Agenda May Include Significant Changes to Limit an Employer’s Right to Cross-Examination. Almost two weeks ago I published a copy of the Board’s Regulatory Agenda on my group, New York Workers’ Compensation...
by Melissa Day | Feb 5, 2015 | MAD News, NYS Workers Compensation
WCL Section 52 (1)(D) states that: If at any time an employer intentionally and materially understates or conceals payroll, or intentionally and materially misrepresents or conceals employee duties so as to avoid proper classification for calculation of premium paid...
by Melissa Day | Feb 5, 2015 | MAD News, NYS Workers Compensation
Occupational Hearing Loss claims are hard to defend. To prove injurious exposure to workplace noise, the standard of proof can be as low as a claimant’s testimony that his or her workplace was “loud.” Even where the employer has an extensive hearing conservation...
