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WHEN DOES VOCATIONAL AND FUNCTIONAL CONSIDERATIONS, SUCH AS A CLAIMANT’S AGE, EDUCATION, TRAINING, EXPERIENCE, ETC. HAVE AN INFLUENCE ON A CLAIMANT’S BENEFITS? In Matter of Canales the claimant argued that her vocational factors should have been considered in...
For a copy of the answers, please email Elana Fourie at efourie@getmad.today.
To demonstrate attachment to the labor market, a Claimant must submit evidence consistent with the requirements laid out in American Axle, 2010 WL 438153, 2010 NY Wrk. Comp. LEXIS 2560, WCB # 8030 3659 that he is: Actively seeking work within her restrictions that is...
Seasonal Employees Back to Work – Or Not : Part 2 on Calculating AWW Welcome to the second installment of our serial blog on the issue of Average Weekly Wages! When we last left our intrepid hero, he had plummeted to his apparent death in the Reichenbach Falls...
COMPLIANCE MONITORING, AKA “CLAIMS HANDLING PERFORMANCE” – THE BOARD IS WATCHING YOU PART I The board has created a new Monitoring Unit with a stated mission of promoting excellence and claims handling practices and to provide system participants in the general public...
Test Your NY Workers’ Compensation Chops As promised, here are the answers to the quiz posted last week. How did you do? Do you have M.A.D. skills? 1. What is the Special Funds WCL § 15(8)(d) reimbursement form and what are the time frames for seeking reimbursement...
Average Wages? Cost-Containment by Controlling the Fundamentals This posting began with the goal of presenting a simple primer on calculating average weekly wages. We spend a great deal of time looking for cost-containment and mitigation measures in every claim that...
WE NOW HAVE THE NON-ACUTE PAIN TREATMENT GUIDELINES BUT WHAT DOES THAT MEAN? You may be asking, why would the implementation of the Non-Acute Pain Treatment Guidelines even matter? Why would you want to ensure a pain management treatment provider comes into...
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...
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...
We got a win disallowing a right shoulder claim in a 01/18/2020 established claim for the upper back and neck. The claimant’s C-3, filed approximately 3 weeks later, listed the right shoulder as a claimed injury. The right shoulder MRI showed bursitis and a partial...
We recently handled a claim in which we were attempting to get a finding of 50% degree of disability with regard to temporary rates in the record. Our IME had given an opinion of 50% based on her examination, but the treating physician had consistently opined 100%....
The claim was established for occupational disease to the bilateral hands and ankles and the claimant, a landscaper, was ultimately awarded a loss of use of 15% for the hands and 10% for the ankles. In an attempt to invoke Section 44 apportionment, the carrier on...
As we approach the one-year anniversary of the beginning of the COVID-19 pandemic, many employers still require their employees to work from home. However, most employers likely do not realize the implications this responsible decision can have on potential workers’...