BOARD PROCESS RE-ENGINEERING (“BPR”) – NY WORKERS’ COMPENSATION FORUM MEMBERS SHOULD BE INCLUDED IN THE DIALOGUE

by Melissa Day | Sep 13, 2013 | MAD News, NYS Workers Compensation

I would really appreciate it if the members of the New York WC Forum, and visitors to this page, would request that the Board reach out to the NY Workers’ Compensation Forum as part of its plans to, ” reach out to stakeholders through several means, including...

DID YOU KNOW? The 2nd Circuit certified a question to the NY Court of Appeals on the exclusivity provision of the WCL?

by Melissa Day | Aug 14, 2013 | MAD News, NYS Workers Compensation

The United States Court of Appeals for the 2nd Circuit has certified a question of law to New York’s Court of Appeals on whether a defendant may maintain an action for contribution from the owner of motor vehicle when the driver is protected by the exclusivity...

DID YOU KNOW? Twenty Insurance Carriers Have Filed an Action Seeking to Obtain a Declaration that the Elimination of The Fund for Reopened Cases Is Unconstitutional.

by Melissa Day | Aug 3, 2013 | MAD News, NYS Workers Compensation

In an action filed in New York County Supreme Court on July 30, 2013, twenty workers’ compensation insurance carriers seek a declaratory judgment that the recent amendments to WCL §25-a which eliminates the Fund for Reopened Cases is unconstitutional. The plaintiffs,...

DID YOU KNOW? THE THIRD DEPARTMENT HOLDS THAT MEDICAL TREATMENT WHICH IS NOT SPECIFICALLY INCLUDED IN THE MTG IS PRESUMPTIVELY NOT MEDICALLY NECESSARY.

by Melissa Day | Jul 20, 2013 | MAD News, NYS Workers Compensation

In a lengthy decision handed down by a divided court on July 18, 2013, the Third Department held that medical treatment which is not specifically included in the MTG is presumptively unnecessary and it is Claimant’s burden to overcome this presumption by proving...

DID YOU KNOW? AN EMPLOYER OR CARRIER MAY BE ABLE TO REOPEN A PPD CLAIM ON THE ISSUE OF LABOR MARKET ATTACHMENT.

by Melissa Day | Jul 13, 2013 | MAD News, NYS Workers Compensation

It used to be nearly impossible to reopen a claim based on a defense of labor market attachment when a unemployed claimant had been classified with having a Permanent Partial Disability and entitled to ongoing benefits.  Although there are still challenges in getting...

DID YOU KNOW? A bill being considered by the NY State Legislature which would create a presumption of permanent total disability for claimants who are found eligible for social security?

by Melissa Day | Apr 30, 2013 | MAD News, NYS Workers Compensation

BILL NUMBER: S76 TITLE OF BILL: An act to amend the workers’ compensation law, in relation to permanent total disability PURPOSE OR GENERAL IDEA OF BILL: This bill will create a presumption of permanent total disability for claimants who are found eligible for federal...

DID YOU KNOW? 25-A IS GOING AWAY.

by Melissa Day | Apr 6, 2013 | MAD News, NYS Workers Compensation

As a former attorney for Special Funds’ Conservation Committee, I noted with great interest that on March 29, 2013, NY’s Workers’ Compensation Law Section 25-a was amended to close the Fund for Reopened Cases to new claims where applications are filed after 1/1/14:...

DID YOU KNOW? 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.

by Melissa Day | Mar 13, 2013 | Firm News, MAD News, 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...

DID YOU KNOW? The Federal Government Is Not Subject to the Jurisdiction of the NY Workers’ Compensation Board on a Theory of General/Special Employment?

by Melissa Day | Feb 23, 2013 | MAD News, 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...

DID YOU KNOW? GOVERNOR CUOMO’S BUDGET PROPOSES TO ELIMINATE MANDATORY DEPOSITS INTO THE ATF AND TO CLOSE THE FUND TO NEW DEPOSITS?

by Melissa Day | Feb 5, 2013 | MAD News, 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...