by Melissa Day | Jun 14, 2015 | MAD News, NYS Workers Compensation
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...
by Melissa Day | Nov 24, 2014 | MAD News, NYS Workers Compensation
The Board has announced the adoption of the Non-Acute Pain Medical Treatment Guidelines (“NAP MTG”). As with the other MTGs for the neck, back, knee, shoulder and carpal tunnel syndrome, there are 22 guiding principles which provide a general framework for all the...
by Melissa Day | Nov 23, 2014 | MAD News, NYS Workers Compensation
By decision drafted by Justice Pigott (Justices Read, Smith and Abdus-Salaam concur) the New York Court of Appeals affirms that the Workers’ Compensation Board did not exceed its statutory authority when it promulgated portions of the Medical Treatment Guidelines. The...
by Melissa Day | Nov 22, 2014 | I'm MAD, NYS Workers Compensation
Following the Board’s decision in Matter of Longley Jones, 2012 NY Wrk Comp 60704882, which held that a claimant’s wages cannot be the sole factor for determining Loss of Wage Earning Capacity, a finding of a 0% Loss of Wage Earning Capacity seemed to be a thing of...
by Melissa Day | Sep 12, 2014 | MAD News, NYS Workers Compensation
On December 1, 2010, 12 N.Y.C.R.R. § 324, known as the Medical Treatment Guidelines, became effective. See, 12 N.Y.C.R.R. § 324. The Medical Treatment Guidelines [hereinafter “Guidelines”] became effective on December 1, 2010. 12 N.Y.C.R.R. § 324. The Guidelines...
by Melissa Day | Dec 17, 2013 | MAD News, NYS Workers Compensation
A Brief Summary: Zamora reshaped the landscape of New York workers’ compensation law and opened PPD claims to challenges on labor market attachment (provided you can get the case reopened). It also dramatically tightened the legal standards for claimant’s seeking an...
by Melissa Day | Nov 30, 2013 | MAD News, NYS Workers Compensation
Please consider the following excerpt from an Application for Review recently submitted to the Board on an appeal of a LWEC finding. In this claim the claimant was able to return to work as a law enforcement officer without any reduction in earnings following cervical...
by Melissa Day | Oct 10, 2013 | MAD News, NYS Workers Compensation
According to Board Subject #046-630, there are five mechanisms by which the issue of WCL §25-a may be raised prior to January 1, 2014: 1.) The claimant’s filing of a written application for compensation; 2.) The filing of a medical report indicating a change of...
