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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...
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...
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...
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...
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...
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...
This was a controverted claim by an employee for an alleged injury to the left knee. The issue for litigation which ultimately led to a disallowance of the claim was causal relationship. The claimant claimed to have injured his knee while working. The claimant did not...
In a Reserved Decision, Judge Balogun ruled that a claimant was not entitled to multiple SLU awards or loss of wage earning capacity as there was no permanency or schedule assignable for the injuries sustained. The claimant suffered work injuries to the neck, back and...
By Reserved Decision, the presiding Worker’s Compensation Law Judge in the Watertown, NY hearing location found that no employer-employee relationship existed between the claimant and our client, or another individual who owns the property where the alleged injury...
NEW PROCEDURE FOR RECOUPING OVERPAYMENTS AND EDI On 6/10/20, the board published proposed changes to 12 NYCRR 300.22 and 300.23, “to reflect updates to the eClaims process that incorporate EDI version 3.1.” The proposed changes address the procedure following a...