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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...
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...
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...
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’...
Listening to the news earlier today, I heard a talking-head explain she was a member of a law firm which she also described as a “Think Tank.” Now, this lawyer’s firm had strong political ties as well as, I’m sure, a practice focused on cases with political import. ...
By now, we’re all well aware that Matter of Genduso v, New York City Dept. of Edu., 164 A.D.3d 1509 (3d Dept. 2018), affirmed the principle that schedule awards are not given for particular injuries, but rather “for the residual physical and functional impairments”....