(317,46508,46332,'causally related','To get this inference, a claimant now needed to set forth evidence showing that his or her ongoing lost wages were indeed causally related to the claim','To get this inference, a claimant now needed to set forth evidence showing that his or her ongoing lost wages were indeed <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/07/carpal-tunnel-and-causal-relation-not-always-so-clear-cut/\">causally related</a> to the claim','To get this inference, a claimant now needed to set forth evidence showing that his or her ongoing lost wages were indeed causally related to the claim','Apart from providing hope, Zamora threw out Pittman and the its progeny and replaced the mandatory presumption regarding the cause of lost wages with a permissible inference. To get this inference, a claimant now needed to set forth evidence showing that his or her ongoing lost wages were indeed causally related to the claim. The Court of Appeals went further, and by example softened the defense standards for a compensable retirement:','tory presumption regarding the cause of lost wages with a permissible inference. To get this inference, a claimant now needed to set forth evidence showing that his or her ongoing lost wages were indeed causally related to the claim.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(318,46508,46332,'causally related','However, the Board went on to rule, citing Zamora, “that to compel an inference of causally related lost earnings from …an involuntary separation would illogically constrain the ability of the Board to find facts, and would shift the burden of proof from claimant to employer','However, the Board went on to rule, citing Zamora, “that to compel an inference of <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/07/carpal-tunnel-and-causal-relation-not-always-so-clear-cut/\">causally related</a> lost earnings from …an involuntary separation would illogically constrain the ability of the Board to find facts, and would shift the burden of proof from claimant to employer','However, the Board went on to rule, citing Zamora, “that to compel an inference of causally related lost earnings from …an involuntary separation would illogically constrain the ability of the Board to find facts, and would shift the burden of proof from claimant to employer','In applying this analysis, the Board found that the letter from the employer about the claimant’s impending termination was the claimant’s impetus for taking a retirement and that his withdrawal was involuntary. However, the Board went on to rule, citing Zamora, “that to compel an inference of causally related lost earnings from …an involuntary separation would illogically constrain the ability of the Board to find facts, and would shift the burden of proof from claimant to employer. As such any inference is applied is based on the Board’s evaluation of the evidence on disability and attachment.” Finding that the record contained no evidence of post-retirement attachment, the Board returned the case to the hearing level for development of the record on “whether and to what extent the claimant looked for work…even through the claimant need not meet the standard of American Axle (2010 NY Wrk Comp 80303659).”','However, the Board went on to rule, citing Zamora, “that to compel an inference of causally related lost earnings from …an involuntary separation would illogically constrain the ability of the Board to find facts, and would shift the burden of proof from claimant to employer.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(319,46508,46342,'causally related to the claim','To get this inference, a claimant now needed to set forth evidence showing that his or her ongoing lost wages were indeed causally related to the claim','To get this inference, a claimant now needed to set forth evidence showing that his or her ongoing lost wages were indeed <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/05/claim-disallowance-with-unanimous-medical-opinion-giving-causal-relationship/\">causally related to the claim</a>','To get this inference, a claimant now needed to set forth evidence showing that his or her ongoing lost wages were indeed causally related to the claim','Apart from providing hope, Zamora threw out Pittman and the its progeny and replaced the mandatory presumption regarding the cause of lost wages with a permissible inference. To get this inference, a claimant now needed to set forth evidence showing that his or her ongoing lost wages were indeed causally related to the claim. The Court of Appeals went further, and by example softened the defense standards for a compensable retirement:','tory presumption regarding the cause of lost wages with a permissible inference. To get this inference, a claimant now needed to set forth evidence showing that his or her ongoing lost wages were indeed causally related to the claim. The Court of Appeals went further, and by example softened the defense standards for a compensable retirement:',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(320,46508,46367,'causally related','To get this inference, a claimant now needed to set forth evidence showing that his or her ongoing lost wages were indeed causally related to the claim','To get this inference, a claimant now needed to set forth evidence showing that his or her ongoing lost wages were indeed <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/02/no-further-causally-related-disability-due-to-intervening-unrelated-accident/\">causally related</a> to the claim','To get this inference, a claimant now needed to set forth evidence showing that his or her ongoing lost wages were indeed causally related to the claim','Apart from providing hope, Zamora threw out Pittman and the its progeny and replaced the mandatory presumption regarding the cause of lost wages with a permissible inference. To get this inference, a claimant now needed to set forth evidence showing that his or her ongoing lost wages were indeed causally related to the claim. The Court of Appeals went further, and by example softened the defense standards for a compensable retirement:','tory presumption regarding the cause of lost wages with a permissible inference. To get this inference, a claimant now needed to set forth evidence showing that his or her ongoing lost wages were indeed causally related to the claim.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(321,46508,46367,'causally related','However, the Board went on to rule, citing Zamora, “that to compel an inference of causally related lost earnings from …an involuntary separation would illogically constrain the ability of the Board to find facts, and would shift the burden of proof from claimant to employer','However, the Board went on to rule, citing Zamora, “that to compel an inference of <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/02/no-further-causally-related-disability-due-to-intervening-unrelated-accident/\">causally related</a> lost earnings from …an involuntary separation would illogically constrain the ability of the Board to find facts, and would shift the burden of proof from claimant to employer','However, the Board went on to rule, citing Zamora, “that to compel an inference of causally related lost earnings from …an involuntary separation would illogically constrain the ability of the Board to find facts, and would shift the burden of proof from claimant to employer','In applying this analysis, the Board found that the letter from the employer about the claimant’s impending termination was the claimant’s impetus for taking a retirement and that his withdrawal was involuntary. However, the Board went on to rule, citing Zamora, “that to compel an inference of causally related lost earnings from …an involuntary separation would illogically constrain the ability of the Board to find facts, and would shift the burden of proof from claimant to employer. As such any inference is applied is based on the Board’s evaluation of the evidence on disability and attachment.” Finding that the record contained no evidence of post-retirement attachment, the Board returned the case to the hearing level for development of the record on “whether and to what extent the claimant looked for work…even through the claimant need not meet the standard of American Axle (2010 NY Wrk Comp 80303659).”','However, the Board went on to rule, citing Zamora, “that to compel an inference of causally related lost earnings from …an involuntary separation would illogically constrain the ability of the Board to find facts, and would shift the burden of proof from claimant to employer.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(322,46508,48276,'defense standards for a compensable','The Court of Appeals went further, and by example softened the defense standards for a compensable retirement:','The Court of Appeals went further, and by example softened the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/amherst-workers-compensation-defense-law-office/\">defense standards for a compensable</a> retirement:','The Court of Appeals went further, and by example softened the defense standards for a compensable retirement:','To get this inference, a claimant now needed to set forth evidence showing that his or her ongoing lost wages were indeed causally related to the claim. The Court of Appeals went further, and by example softened the defense standards for a compensable retirement:','the its progeny and replaced the mandatory presumption regarding the cause of lost wages with a permissible inference. To get this inference, a claimant now needed to set forth evidence showing that his or her ongoing lost wages were indeed causally related to the claim. The Court of Appeals went further, and by example softened the defense standards for a compensable retirement',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(323,46508,46561,'considered a claimant','In Ossing the Board considered a claimant who was found to have a permanent disability and was later sent a letter by his employer informing him that he would be “removed from payroll” because he had missed more than one year of work','In Ossing the Board <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/01/did-you-know-facebook-pages-are-not-considered-surveillance-that-has-to-be-disclosed-before-a-claimant-testifies/\">considered a claimant</a> who was found to have a permanent disability and was later sent a letter by his employer informing him that he would be “removed from payroll” because he had missed more than one year of work','In Ossing the Board considered a claimant who was found to have a permanent disability and was later sent a letter by his employer informing him that he would be “removed from payroll” because he had missed more than one year of work','In Ossing the Board considered a claimant who was found to have a permanent disability and was later sent a letter by his employer informing him that he would be “removed from payroll” because he had missed more than one year of work. The claimant subsequently retired, apparently to preserve what vested retirement rights he had at the time, and turned to the workers’ compensation Board seeking a compensable retirement.','In Ossing the Board considered a claimant who was found to have a permanent disability and was later sent a letter by his employer informing him that he would be “removed from payroll” because he had missed more than one year of work. The claimant subsequently retired, apparently to preserve what vested retirement rights he had at the time, and turned to the workers’ compensation Board seeking a compensable retirement. At the trial level, the Law Judge found that the claimant voluntarily withdrew from the labor market and closed the case. On appeal, the Board reversed, ruling that Zamora now required claimant’s to both show that the work-related disability was the reason for separation from employment and that the claimant has found “alternate work consistent with his or her physical limitations, or at least [show] reasonable efforts at finding such work.” Id. citing Zamora. Further citing Zamora, the Board noted that “[t]his evidentiary burden, if carrier, can prove to the Board that the cause of his or her reduced income is a disability, rather than an unwillingness to work',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(324,46508,46561,'considered a claimant','99506849 the Board considered a claimant, classified with a PPD in 2000, and his claim for an involuntary withdrawal back in 1995 when he stopped working for the employer of record','99506849 the Board <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/01/did-you-know-facebook-pages-are-not-considered-surveillance-that-has-to-be-disclosed-before-a-claimant-testifies/\">considered a claimant</a>, classified with a PPD in 2000, and his claim for an involuntary withdrawal back in 1995 when he stopped working for the employer of record','99506849 the Board considered a claimant, classified with a PPD in 2000, and his claim for an involuntary withdrawal back in 1995 when he stopped working for the employer of record','Comp. 99506849 the Board considered a claimant, classified with a PPD in 2000, and his claim for an involuntary withdrawal back in 1995 when he stopped working for the employer of record. At the trial level, the Law Judge held that the claimant was involuntarily withdrawn in 1995 and that, pursuant to Zamora, was thereafter entitled to ongoing benefits without further analysis.','99506849 the Board considered a claimant, classified with a PPD in 2000, and his claim for an involuntary withdrawal back in 1995 when he stopped working for the employer of record.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(325,46508,46549,'found that the claimant','At the trial level, the Law Judge found that the claimant voluntarily withdrew from the labor market and closed the case','At the trial level, the Law Judge <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/04/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/\">found that the claimant</a> voluntarily withdrew from the labor market and closed the case','At the trial level, the Law Judge found that the claimant voluntarily withdrew from the labor market and closed the case','The claimant subsequently retired, apparently to preserve what vested retirement rights he had at the time, and turned to the workers’ compensation Board seeking a compensable retirement. At the trial level, the Law Judge found that the claimant voluntarily withdrew from the labor market and closed the case. On appeal, the Board reversed, ruling that Zamora now required claimant’s to both show that the work-related disability was the reason for separation from employment and that the claimant has found “alternate work consistent with his or her physical limitations, or at least [show] reasonable efforts at finding such work.” Id.','ater sent a letter by his employer informing him that he would be “removed from payroll” because he had missed more than one year of work. The claimant subsequently retired, apparently to preserve what vested retirement rights he had at the time, and turned to the workers’ compensation Board seeking a compensable retirement. At the trial level, the Law Judge found that the claimant voluntarily withdrew from the labor market and closed the case.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(326,46508,46549,'stated that the claimant','The Board also adopted a “something-less-than-American Axle” standard that confounded practitioners insofar as the Board simply stated that the claimant had to make a showing of a post-retirement job search, but how genuine that search needed to be was left open-ended','The Board also adopted a “something-less-than-American Axle” standard that confounded practitioners insofar as the Board simply <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/04/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/\">stated that the claimant</a> had to make a showing of a post-retirement job search, but how genuine that search needed to be was left open-ended','The Board also adopted a “something-less-than-American Axle” standard that confounded practitioners insofar as the Board simply stated that the claimant had to make a showing of a post-retirement job search, but how genuine that search needed to be was left open-ended','Compared to Pittman, the Board now insisted that the claimant bear the burden in the first instance of proving not only the circumstances of his retirement, but also whether he was simply unwilling to continue working. The Board also adopted a “something-less-than-American Axle” standard that confounded practitioners insofar as the Board simply stated that the claimant had to make a showing of a post-retirement job search, but how genuine that search needed to be was left open-ended. The Ossing interpretation of Zamora left open the possibility that a claimant could, after making some decidedly more significant showings, still end up with a guaranteed stream of benefits unencumbered by the obligation to remain attached under American Axle.','the Board’s use of Zamora on the issue of involuntary withdrawal. Compared to Pittman, the Board now insisted that the claimant bear the burden in the first instance of proving not only the circumstances of his retirement, but also whether he was simply unwilling to continue working. The Board also adopted a “something-less-than-American Axle” standard that confounded practitioners insofar as the Board simply stated that the claimant had to make a showing of a post-retirement job search, but how genuine that search needed to be was left open-ended.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(327,46508,46549,'considered a claimant','99506849 the Board considered a claimant, classified with a PPD in 2000, and his claim for an involuntary withdrawal back in 1995 when he stopped working for the employer of record','99506849 the Board <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/04/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/\">considered a claimant</a>, classified with a PPD in 2000, and his claim for an involuntary withdrawal back in 1995 when he stopped working for the employer of record','99506849 the Board considered a claimant, classified with a PPD in 2000, and his claim for an involuntary withdrawal back in 1995 when he stopped working for the employer of record','Comp. 99506849 the Board considered a claimant, classified with a PPD in 2000, and his claim for an involuntary withdrawal back in 1995 when he stopped working for the employer of record. At the trial level, the Law Judge held that the claimant was involuntarily withdrawn in 1995 and that, pursuant to Zamora, was thereafter entitled to ongoing benefits without further analysis.','99506849 the Board considered a claimant, classified with a PPD in 2000, and his claim for an involuntary withdrawal back in 1995 when he stopped working for the employer of record.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(328,46508,46549,'claimant stated','While the claimant stated she maintained a written work search listing, no such listing appears in the record for review by the Board','While the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/04/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/\">claimant stated</a> she maintained a written work search listing, no such listing appears in the record for review by the Board','While the claimant stated she maintained a written work search listing, no such listing appears in the record for review by the Board','While the claimant testified that she registered with Hempstead Works, there is no evidence of an active participation; the claimant conceded that she conducted a work search on less than a monthly basis and she testified that, in the last year she has applied for a total of five or six jobs. While the claimant stated she maintained a written work search listing, no such listing appears in the record for review by the Board.','While the claimant testified that she registered with Hempstead Works, there is no evidence of an active participation; the claimant conceded that she conducted a work search on less than a monthly basis and she testified that, in the last year she has applied for a total of five or six jobs. While the claimant stated she maintained a written work search listing, no such listing appears in the record for review by the Board.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(329,46508,46503,'proof and improperly shifted burdens','Claimants can no longer rely on low standards of proof and improperly shifted burdens to claim ongoing benefits after a separation from employment simply because they are classified','Claimants can no longer rely on low standards of <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/11/in-kigin-v-wcb-the-court-of-appeals-upholds-the-presumption-that-treatment-outside-the-mtgs-is-not-medically-necessary-and-the-attending-physician-has-the-burden-of-proof-of-the-need-for-a-variance/\">proof and improperly shifted burdens</a> to claim ongoing benefits after a separation from employment simply because they are classified','Claimants can no longer rely on low standards of proof and improperly shifted burdens to claim ongoing benefits after a separation from employment simply because they are classified','Claimants can no longer rely on low standards of proof and improperly shifted burdens to claim ongoing benefits after a separation from employment simply because they are classified. When litigating involuntary withdrawal and compensable retirement claims, counsel can now force the claimant to make a higher showing at the outset and, even if initially unsuccessful, can nonetheless force a claimant to produce proof of attachment to the labor market each time the claim reopens.','Claimants can no longer rely on low standards of proof and improperly shifted burdens to claim ongoing benefits after a separation from employment simply because they are classified.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(330,46508,46503,'burden of proof','However, the Board went on to rule, citing Zamora, “that to compel an inference of causally related lost earnings from …an involuntary separation would illogically constrain the ability of the Board to find facts, and would shift the burden of proof from claimant to employer','However, the Board went on to rule, citing Zamora, “that to compel an inference of causally related lost earnings from …an involuntary separation would illogically constrain the ability of the Board to find facts, and would shift the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/11/in-kigin-v-wcb-the-court-of-appeals-upholds-the-presumption-that-treatment-outside-the-mtgs-is-not-medically-necessary-and-the-attending-physician-has-the-burden-of-proof-of-the-need-for-a-variance/\">burden of proof</a> from claimant to employer','However, the Board went on to rule, citing Zamora, “that to compel an inference of causally related lost earnings from …an involuntary separation would illogically constrain the ability of the Board to find facts, and would shift the burden of proof from claimant to employer','In applying this analysis, the Board found that the letter from the employer about the claimant’s impending termination was the claimant’s impetus for taking a retirement and that his withdrawal was involuntary. However, the Board went on to rule, citing Zamora, “that to compel an inference of causally related lost earnings from …an involuntary separation would illogically constrain the ability of the Board to find facts, and would shift the burden of proof from claimant to employer. As such any inference is applied is based on the Board’s evaluation of the evidence on disability and attachment.” Finding that the record contained no evidence of post-retirement attachment, the Board returned the case to the hearing level for development of the record on “whether and to what extent the claimant looked for work…even through the claimant need not meet the standard of American Axle (2010 NY Wrk Comp 80303659).”','However, the Board went on to rule, citing Zamora, “that to compel an inference of causally related lost earnings from …an involuntary separation would illogically constrain the ability of the Board to find facts, and would shift the burden of proof from claimant to employer.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(331,46508,46371,'claimant stated she maintained a written work','While the claimant stated she maintained a written work search listing, no such listing appears in the record for review by the Board','While the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">claimant stated she maintained a written work</a> search listing, no such listing appears in the record for review by the Board','While the claimant stated she maintained a written work search listing, no such listing appears in the record for review by the Board','While the claimant testified that she registered with Hempstead Works, there is no evidence of an active participation; the claimant conceded that she conducted a work search on less than a monthly basis and she testified that, in the last year she has applied for a total of five or six jobs. While the claimant stated she maintained a written work search listing, no such listing appears in the record for review by the Board.','While the claimant testified that she registered with Hempstead Works, there is no evidence of an active participation; the claimant conceded that she conducted a work search on less than a monthly basis and she testified that, in the last year she has applied for a total of five or six jobs. While the claimant stated she maintained a written work search listing, no such listing appears in the record for review by the Board.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(332,46508,46371,'claimant could “reattach” to regain ongoing benefits','The Board went on to note that the claimant could “reattach” to regain ongoing benefits provided she produced proof of attachment meeting the standards of American Axle','The Board went on to note that the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">claimant could “reattach” to regain ongoing benefits</a> provided she produced proof of attachment meeting the standards of American Axle','The Board went on to note that the claimant could “reattach” to regain ongoing benefits provided she produced proof of attachment meeting the standards of American Axle','The Board went on to note that the claimant could “reattach” to regain ongoing benefits provided she produced proof of attachment meeting the standards of American Axle.','The Board went on to note that the claimant could “reattach” to regain ongoing benefits provided she produced proof of attachment meeting the standards of American Axle.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(333,46508,46422,'claimant stated','While the claimant stated she maintained a written work search listing, no such listing appears in the record for review by the Board','While the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2017/06/board-finds-that-medical-treatment-guidelines-apply-to-out-of-state-claimants/\">claimant stated</a> she maintained a written work search listing, no such listing appears in the record for review by the Board','While the claimant stated she maintained a written work search listing, no such listing appears in the record for review by the Board','While the claimant testified that she registered with Hempstead Works, there is no evidence of an active participation; the claimant conceded that she conducted a work search on less than a monthly basis and she testified that, in the last year she has applied for a total of five or six jobs. While the claimant stated she maintained a written work search listing, no such listing appears in the record for review by the Board.','While the claimant testified that she registered with Hempstead Works, there is no evidence of an active participation; the claimant conceded that she conducted a work search on less than a monthly basis and she testified that, in the last year she has applied for a total of five or six jobs. While the claimant stated she maintained a written work search listing, no such listing appears in the record for review by the Board.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(334,46508,46369,'fact alone no longer compels the application','While the Board Panel concurs in the WCLJ’s finding that the claimant’s cessation/separation from employment in 1995 was due at least in part to his crushed foot injury and disability, and while this means that the claimant’s separation from employment was not voluntary, this fact alone no longer compels the application of an inference that the claimant’s subsequent loss of earnings necessarily resulted from the disability','While the Board Panel concurs in the WCLJ’s finding that the claimant’s cessation/separation from employment in 1995 was due at least in part to his crushed foot injury and disability, and while this means that the claimant’s separation from employment was not voluntary, this <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/02/no-error-of-law-or-fact-in-an-application-for-full-board-review/\">fact alone no longer compels the application</a> of an inference that the claimant’s subsequent loss of earnings necessarily resulted from the disability','While the Board Panel concurs in the WCLJ’s finding that the claimant’s cessation/separation from employment in 1995 was due at least in part to his crushed foot injury and disability, and while this means that the claimant’s separation from employment was not voluntary, this fact alone no longer compels the application of an inference that the claimant’s subsequent loss of earnings necessarily resulted from the disability','While the Board Panel concurs in the WCLJ’s finding that the claimant’s cessation/separation from employment in 1995 was due at least in part to his crushed foot injury and disability, and while this means that the claimant’s separation from employment was not voluntary, this fact alone no longer compels the application of an inference that the claimant’s subsequent loss of earnings necessarily resulted from the disability. That said, the Board Panel must now evaluate the record on the issue of whether the claimant has shown sufficient attachment to the labor market subsequent to his involuntary removal from the labor market in August 1995 so as to remain entitled to indemnity awards.','While the Board Panel concurs in the WCLJ’s finding that the claimant’s cessation/separation from employment in 1995 was due at least in part to his crushed foot injury and disability, and while this means that the claimant’s separation from employment was not voluntary, this fact alone no longer compels the application of an inference that the claimant’s subsequent loss of earnings necessarily resulted from the disability.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(335,46384,46374,'claimants end up with either diminished or outright loss','As a result, some claimants end up with either diminished or outright loss of control of their bladder and/or bowel','As a result, some <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/doubling-down-2-hearing-loss-claims-for-the-same-claimant-denied-on-the-same-day/\">claimants end up with either diminished or outright loss</a> of control of their bladder and/or bowel','As a result, some claimants end up with either diminished or outright loss of control of their bladder and/or bowel','In Workers’ Compensation, it’s a fact of life that some patients experience damage to the spinal cord, either as a result of their initial injury, an age-based progression thereof, or as a consequence of spinal surgery. As a result, some claimants end up with either diminished or outright loss of control of their bladder and/or bowel. While some claimant’s attorneys believe having such a consequential problem is a golden ticket to a total disability, and incontinence is clearly an aggravating factor, whether the claimant would have a total disability really depends on the other circumstances surrounding the claim.','as a result of their initial injury, an age-based progression thereof, or as a consequence of spinal surgery. As a result, some claimants end up with either diminished or outright loss of control of their bladder and/or bowel.',0,'2022-04-04 18:09:16','2022-04-04 18:09:16'),(336,46384,46426,'reasonable for the claimant not to return','It probable helped that claimant’s doctor opined it would be reasonable for the claimant not to return to the workforce given her orthopedic, bladder, and bowel impairments, but the Board didn’t even look at the claimant’s age, let along any other mitigating factor despite containing them in the decision','It probable helped that claimant’s doctor opined it would be <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2017/01/back-to-the-future-the-return-of-wcl-252-b-fact-finding-without-judges-and-legal-reasoning-without-lawyers/\">reasonable for the claimant not to return</a> to the workforce given her orthopedic, bladder, and bowel impairments, but the Board didn’t even look at the claimant’s age, let along any other mitigating factor despite containing them in the decision','It probable helped that claimant’s doctor opined it would be reasonable for the claimant not to return to the workforce given her orthopedic, bladder, and bowel impairments, but the Board didn’t even look at the claimant’s age, let along any other mitigating factor despite containing them in the decision','In Aspen Dental, (WCB# G0484701, June 9, 2015), the Board didn’t do much beyond look at the claimant’s severity ranking (G) and the diagnosis of cauda equina syndrome with associated bladder and bowel incontinence before finding a permanent total disability. It probable helped that claimant’s doctor opined it would be reasonable for the claimant not to return to the workforce given her orthopedic, bladder, and bowel impairments, but the Board didn’t even look at the claimant’s age, let along any other mitigating factor despite containing them in the decision.','ity ranking (G) and the diagnosis of cauda equina syndrome with associated bladder and bowel incontinence before finding a permanent total disability. It probable helped that claimant’s doctor opined it would be reasonable for the claimant not to return to the workforce given her orthopedic, bladder, and bowel impairments, but the Board didn’t even look at the claimant’s age, let along any other mitigating factor despite containing them in the decision.',0,'2022-04-04 18:09:16','2022-04-04 18:09:16'),(337,46384,46342,'opinion on permanency in addition to causal','A claim for consequential depression was thereafter made, and the carrier asked for an opinion on permanency in addition to causal relationship; their IME gave up a total disability, and neither the WCL or Board would let them wiggle out of it','A claim for consequential depression was thereafter made, and the carrier asked for an <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/05/claim-disallowance-with-unanimous-medical-opinion-giving-causal-relationship/\">opinion on permanency in addition to causal</a> relationship; their IME gave up a total disability, and neither the WCL or Board would let them wiggle out of it','A claim for consequential depression was thereafter made, and the carrier asked for an opinion on permanency in addition to causal relationship; their IME gave up a total disability, and neither the WCL or Board would let them wiggle out of it','In the first case the claimant was found to have a total disability, Mabsota, (WCB# G0304748, April 3, 2017), the claimant was previously classified with a 65% LWEC. A claim for consequential depression was thereafter made, and the carrier asked for an opinion on permanency in addition to causal relationship; their IME gave up a total disability, and neither the WCL or Board would let them wiggle out of it.','ase the claimant was found to have a total disability, <u>Mabsota</u>, (WCB# G0304748, April 3, 2017), the claimant was previously classified with a 65% LWEC. A claim for consequential depression was thereafter made, and the carrier asked for an opinion on permanency in addition to causal relationship; their IME gave up a total disability, and neither the WCL or Board would let them wiggle out of it.',0,'2022-04-04 18:09:16','2022-04-04 18:09:16'),(338,46384,46502,'pain management','What sunk the carrier here was taking the deposition of the claimant’s pain management doctor, who didn’t even file a C-4.3, and opined a total disability on deposition','What sunk the carrier here was taking the deposition of the claimant’s <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2014/11/non-acute-pain-medical-treatment-guidelines-offer-a-framework-for-controlling-costs-associated-with-chronic-pain-management-especially-opioid-use/\">pain management</a> doctor, who didn’t even file a C-4.3, and opined a total disability on deposition','What sunk the carrier here was taking the deposition of the claimant’s pain management doctor, who didn’t even file a C-4.3, and opined a total disability on deposition','The claim was established for the back, a right inguinal hernia, consequential neurogenic bladder, urinary incontinence, along with consequential bilateral wrist and hand injuries. What sunk the carrier here was taking the deposition of the claimant’s pain management doctor, who didn’t even file a C-4.3, and opined a total disability on deposition. The Board found that doctor to be most credible because he saw the claimant in the context of all of his injuries.','What sunk the carrier here was taking the deposition of the claimant’s pain management doctor, who didn’t even file a C-4.3, and opined a total disability on deposition.',0,'2022-04-04 18:09:16','2022-04-04 18:09:16'),(339,46384,46340,'medical evidence','In Collins Building Services Inc, (WCB# G1025058, April 13, 2018), the Board reiterated its prior holdings that a finding of a permanent total disability must be made on the medical evidence alone, and while the claimant had significant problems, he is physically capable of sitting and standing, although for limited periods of time, and can drive for limited periods of time as part of work duties','In <u>Collins Building Services Inc</u>, (WCB# G1025058, April 13, 2018), the Board reiterated its prior holdings that a finding of a permanent total disability must be made on the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/07/pain-is-not-enough-for-prima-facie-medical-evidence/\">medical evidence</a> alone, and while the claimant had significant problems, he is physically capable of sitting and standing, although for limited periods of time, and can drive for limited periods of time as part of work duties','In <u>Collins Building Services Inc</u>, (WCB# G1025058, April 13, 2018), the Board reiterated its prior holdings that a finding of a permanent total disability must be made on the medical evidence alone, and while the claimant had significant problems, he is physically capable of sitting and standing, although for limited periods of time, and can drive for limited periods of time as part of work duties','In Collins Building Services Inc, (WCB# G1025058, April 13, 2018), the Board reiterated its prior holdings that a finding of a permanent total disability must be made on the medical evidence alone, and while the claimant had significant problems, he is physically capable of sitting and standing, although for limited periods of time, and can drive for limited periods of time as part of work duties. Turning to the claimant’s LWEC, the 66 year old man was born in Ecuador, where he didn’t finish high school, had limited English proficiency, and didn’t know how to use a computer, all on top of his urinary incontinence.','In <u>Collins Building Services Inc</u>, (WCB# G1025058, April 13, 2018), the Board reiterated its prior holdings that a finding of a permanent total disability must be made on the medical evidence alone, and while the claimant had significant problems, he is physically capable of sitting and standing, although for limited periods of time, and can drive for limited periods of time as part of work duties.',0,'2022-04-04 18:09:16','2022-04-04 18:09:16'),(341,46180,46387,'workers\' compensation','This experience has given her a unique insight into the views and strategies deployed by claimants’ counsel and into the workers\' compensation board’s approach to claims and issues','This experience has given her a unique insight into the views and strategies deployed by claimants’ counsel and into the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2018/12/review-of-workers-compensation-board-schedule-loss-of-use-frequently-asked-questions-and-new-permanency-forms/\">workers\' compensation</a> board’s approach to claims and issues','This experience has given her a unique insight into the views and strategies deployed by claimants’ counsel and into the workers\' compensation board’s approach to claims and issues','Prior to joining , she successfully represented claimants for over eight years in a small, Binghamton-based practice. This experience has given her a unique insight into the views and strategies deployed by claimants’ counsel and into the workers\' compensation board’s approach to claims and issues. She has a great understanding of the legal and medical requirements necessary to form and support winning arguments.','This experience has given her a unique insight into the views and strategies deployed by claimants’ counsel and into the workers\' compensation board’s approach to claims and issues.',0,'2022-04-04 18:09:18','2022-04-04 18:09:18'),(342,46180,48276,'workers\' compensation','This experience has given her a unique insight into the views and strategies deployed by claimants’ counsel and into the workers\' compensation board’s approach to claims and issues','This experience has given her a unique insight into the views and strategies deployed by claimants’ counsel and into the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/amherst-workers-compensation-defense-law-office/\">workers\' compensation</a> board’s approach to claims and issues','This experience has given her a unique insight into the views and strategies deployed by claimants’ counsel and into the workers\' compensation board’s approach to claims and issues','Prior to joining , she successfully represented claimants for over eight years in a small, Binghamton-based practice. This experience has given her a unique insight into the views and strategies deployed by claimants’ counsel and into the workers\' compensation board’s approach to claims and issues. She has a great understanding of the legal and medical requirements necessary to form and support winning arguments.','This experience has given her a unique insight into the views and strategies deployed by claimants’ counsel and into the workers\' compensation board’s approach to claims and issues.',0,'2022-04-04 18:09:18','2022-04-04 18:09:18'),(343,46180,46421,'compensation board’s approach to claims','This experience has given her a unique insight into the views and strategies deployed by claimants’ counsel and into the workers\' compensation board’s approach to claims and issues','This experience has given her a unique insight into the views and strategies deployed by claimants’ counsel and into the workers\' <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2017/10/how-to-avoid-bad-luck-in-your-comp-claims-this-friday-the-13th-some-basic-time-constraints-for-new-york-state-workers-compensation-claims-to-keep-in-mind/\">compensation board’s approach to claims</a> and issues','This experience has given her a unique insight into the views and strategies deployed by claimants’ counsel and into the workers\' compensation board’s approach to claims and issues','Prior to joining , she successfully represented claimants for over eight years in a small, Binghamton-based practice. This experience has given her a unique insight into the views and strategies deployed by claimants’ counsel and into the workers\' compensation board’s approach to claims and issues. She has a great understanding of the legal and medical requirements necessary to form and support winning arguments.','This experience has given her a unique insight into the views and strategies deployed by claimants’ counsel and into the workers\' compensation board’s approach to claims and issues.',0,'2022-04-04 18:09:18','2022-04-04 18:09:18'),(344,46180,46504,'earned her law','She earned her law degree from Syracuse University','She <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2014/11/the-law-offices-of-melissa-a-day-pllc-won-a-finding-of-a-0-loss-of-wage-earning-capacity/\">earned her law</a> degree from Syracuse University','She earned her law degree from Syracuse University','She earned her bachelor\'s degree in human resources from LeMoyne College in Syracuse. She earned her law degree from Syracuse University.','She earned her bachelor\'s degree in human resources from LeMoyne College in Syracuse. She earned her law degree from Syracuse University.',0,'2022-04-04 18:09:18','2022-04-04 18:09:18'),(345,46222,46414,'state and federal courts','Defending actions in both state and federal courts throughout New York state, we are skilled in handling all aspects of litigation from investigation through trial','Defending actions in both <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2018/05/united-states-supreme-court-is-considering-a-petition-for-a-writ-of-certiorari-of-the-american-economy-decision/\">state and federal courts</a> throughout New York state, we are skilled in handling all aspects of litigation from investigation through trial','Defending actions in both state and federal courts throughout New York state, we are skilled in handling all aspects of litigation from investigation through trial','Defending actions in both state and federal courts throughout New York state, we are skilled in handling all aspects of litigation from investigation through trial. We also incorporate, when appropriate, alternatives to trial such as mediation and arbitration for successful resolution of cases.','Defending actions in both state and federal courts throughout New York state, we are skilled in handling all aspects of litigation from investigation through trial. We also incorporate, when appropriate, alternatives to trial',0,'2022-04-04 18:09:25','2022-04-04 18:09:25'),(346,46444,46371,'claimants who worked','In affirming, the two member Panel noted the that C-240 creates a “guideline that the 300 multiple is to be used for claimants who worked at least 270 days in the 52 weeks prior to the date of accident.” The one member dissent felt this was a misinterpretation of the plain language of the form C-240 that created an overinflated average weekly wage','In affirming, the two member Panel noted the that C-240 creates a “guideline that the 300 multiple is to be used for <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">claimants who worked</a> at least 270 days in the 52 weeks prior to the date of accident.” The one member dissent felt this was a misinterpretation of the plain language of the form C-240 that created an overinflated average weekly wage','In affirming, the two member Panel noted the that C-240 creates a “guideline that the 300 multiple is to be used for claimants who worked at least 270 days in the 52 weeks prior to the date of accident.” The one member dissent felt this was a misinterpretation of the plain language of the form C-240 that created an overinflated average weekly wage','Despite these facts, the two members of the Board Panel still affirmed the WCLJ’s use of a 300 multiple. In affirming, the two member Panel noted the that C-240 creates a “guideline that the 300 multiple is to be used for claimants who worked at least 270 days in the 52 weeks prior to the date of accident.” The one member dissent felt this was a misinterpretation of the plain language of the form C-240 that created an overinflated average weekly wage.','In affirming, the two member Panel noted the that C-240 creates a “guideline that the 300 multiple is to be used for claimants who worked at least 270 days in the 52 weeks prior to the date of accident.” The one member dissent felt this was a misinterpretation of the plain language of the form C-240 that created an overinflated average weekly wage.',0,'2022-04-04 19:03:21','2022-04-04 19:03:21'),(347,46444,46371,'claimant worked','In Kistner Concrete, the C-240 indicated that the claimant worked 271 days the year preceding the accident','In <u>Kistner Concrete</u>, the C-240 indicated that the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">claimant worked</a> 271 days the year preceding the accident','In <u>Kistner Concrete</u>, the C-240 indicated that the claimant worked 271 days the year preceding the accident','In Kistner Concrete, the C-240 indicated that the claimant worked 271 days the year preceding the accident.  A closer review of the C-240 illustrated that in the 52 weeks preceding the injury of record, the claimant worked a five-day week for 41 weeks, and 11 six-day weeks. ','In <u>Kistner Concrete</u>, the C-240 indicated that the claimant worked 271 days the year preceding the accident.',0,'2022-04-04 19:03:21','2022-04-04 19:03:21'),(348,46444,46371,'claimant worked','A closer review of the C-240 illustrated that in the 52 weeks preceding the injury of record, the claimant worked a five-day week for 41 weeks, and 11 six-day weeks','A closer review of the C-240 illustrated that in the 52 weeks preceding the injury of record, the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">claimant worked</a> a five-day week for 41 weeks, and 11 six-day weeks','A closer review of the C-240 illustrated that in the 52 weeks preceding the injury of record, the claimant worked a five-day week for 41 weeks, and 11 six-day weeks','In Kistner Concrete, the C-240 indicated that the claimant worked 271 days the year preceding the accident.  A closer review of the C-240 illustrated that in the 52 weeks preceding the injury of record, the claimant worked a five-day week for 41 weeks, and 11 six-day weeks.  When setting the AWW the WCLJ noted that the claimant had “past two seventy, he gets the three hundred multiple” and set the average weekly wage using a 300 multiple.','ated that the claimant worked 271 days the year preceding the accident.  A closer review of the C-240 illustrated that in the 52 weeks preceding the injury of record, the claimant worked a five-day week for 41 weeks, and 11 six-day weeks.',0,'2022-04-04 19:03:21','2022-04-04 19:03:21'),(349,46444,46374,'claimants who worked at least 270 days','In affirming, the two member Panel noted the that C-240 creates a “guideline that the 300 multiple is to be used for claimants who worked at least 270 days in the 52 weeks prior to the date of accident.” The one member dissent felt this was a misinterpretation of the plain language of the form C-240 that created an overinflated average weekly wage','In affirming, the two member Panel noted the that C-240 creates a “guideline that the 300 multiple is to be used for <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/01/doubling-down-2-hearing-loss-claims-for-the-same-claimant-denied-on-the-same-day/\">claimants who worked at least 270 days</a> in the 52 weeks prior to the date of accident.” The one member dissent felt this was a misinterpretation of the plain language of the form C-240 that created an overinflated average weekly wage','In affirming, the two member Panel noted the that C-240 creates a “guideline that the 300 multiple is to be used for claimants who worked at least 270 days in the 52 weeks prior to the date of accident.” The one member dissent felt this was a misinterpretation of the plain language of the form C-240 that created an overinflated average weekly wage','Despite these facts, the two members of the Board Panel still affirmed the WCLJ’s use of a 300 multiple. In affirming, the two member Panel noted the that C-240 creates a “guideline that the 300 multiple is to be used for claimants who worked at least 270 days in the 52 weeks prior to the date of accident.” The one member dissent felt this was a misinterpretation of the plain language of the form C-240 that created an overinflated average weekly wage.','In affirming, the two member Panel noted the that C-240 creates a “guideline that the 300 multiple is to be used for claimants who worked at least 270 days in the 52 weeks prior to the date of accident.” The one member dissent felt this was a misinterpretation of the plain language of the form C-240 that created an overinflated average weekly wage.',0,'2022-04-04 19:03:21','2022-04-04 19:03:21'),(350,46444,46374,'claimant worked 271 days','In Kistner Concrete, the C-240 indicated that the claimant worked 271 days the year preceding the accident','In <u>Kistner Concrete</u>, the C-240 indicated that the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/01/doubling-down-2-hearing-loss-claims-for-the-same-claimant-denied-on-the-same-day/\">claimant worked 271 days</a> the year preceding the accident','In <u>Kistner Concrete</u>, the C-240 indicated that the claimant worked 271 days the year preceding the accident','In Kistner Concrete, the C-240 indicated that the claimant worked 271 days the year preceding the accident.  A closer review of the C-240 illustrated that in the 52 weeks preceding the injury of record, the claimant worked a five-day week for 41 weeks, and 11 six-day weeks. ','In <u>Kistner Concrete</u>, the C-240 indicated that the claimant worked 271 days the year preceding the accident.',0,'2022-04-04 19:03:21','2022-04-04 19:03:21'),(351,46444,46350,'worked 271 days the year preceding the accident','In Kistner Concrete, the C-240 indicated that the claimant worked 271 days the year preceding the accident','In <u>Kistner Concrete</u>, the C-240 indicated that the claimant <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/03/when-do-work-from-home-accidents-occur-in-the-scope-and-course-of-employment/\">worked 271 days the year preceding the accident</a>','In <u>Kistner Concrete</u>, the C-240 indicated that the claimant worked 271 days the year preceding the accident','In Kistner Concrete, the C-240 indicated that the claimant worked 271 days the year preceding the accident.  A closer review of the C-240 illustrated that in the 52 weeks preceding the injury of record, the claimant worked a five-day week for 41 weeks, and 11 six-day weeks. ','In <u>Kistner Concrete</u>, the C-240 indicated that the claimant worked 271 days the year preceding the accident.  A closer review of the C-240 illustrated that in the 52 weeks preceding the injury of record, the claimant worked a five-day week for 41 weeks, and 11 six-day weeks.  When setting the AWW the WCLJ noted that the claimant had “past two seventy, he gets the three hundred multiple” and set the average weekly wage using a 300 multiple.',0,'2022-04-04 19:03:21','2022-04-04 19:03:21'),(352,46444,46480,'average weekly wage','When setting the AWW the WCLJ noted that the claimant had “past two seventy, he gets the three hundred multiple” and set the average weekly wage using a 300 multiple','When setting the AWW the WCLJ noted that the claimant had “past two seventy, he gets the three hundred multiple” and set the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/08/average-wages/\">average weekly wage</a> using a 300 multiple','When setting the AWW the WCLJ noted that the claimant had “past two seventy, he gets the three hundred multiple” and set the average weekly wage using a 300 multiple','A closer review of the C-240 illustrated that in the 52 weeks preceding the injury of record, the claimant worked a five-day week for 41 weeks, and 11 six-day weeks.  When setting the AWW the WCLJ noted that the claimant had “past two seventy, he gets the three hundred multiple” and set the average weekly wage using a 300 multiple.','when deciding a claimant’s average weekly wage the initial determination in any case is whether an employee is deemed to be a five or six day worker. Although this is not a new concept in the Workers’ Compensation arena the Full Board has made one significant clarification: whether an employee is deemed to be a five or six-day worker is a determination that is made independently based on the facts of the case prior to determining which multiple',0,'2022-04-04 19:03:21','2022-04-04 19:03:21'),(353,46444,46480,'average weekly wage','In affirming, the two member Panel noted the that C-240 creates a “guideline that the 300 multiple is to be used for claimants who worked at least 270 days in the 52 weeks prior to the date of accident.” The one member dissent felt this was a misinterpretation of the plain language of the form C-240 that created an overinflated average weekly wage','In affirming, the two member Panel noted the that C-240 creates a “guideline that the 300 multiple is to be used for claimants who worked at least 270 days in the 52 weeks prior to the date of accident.” The one member dissent felt this was a misinterpretation of the plain language of the form C-240 that created an overinflated <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/08/average-wages/\">average weekly wage</a>','In affirming, the two member Panel noted the that C-240 creates a “guideline that the 300 multiple is to be used for claimants who worked at least 270 days in the 52 weeks prior to the date of accident.” The one member dissent felt this was a misinterpretation of the plain language of the form C-240 that created an overinflated average weekly wage','Despite these facts, the two members of the Board Panel still affirmed the WCLJ’s use of a 300 multiple. In affirming, the two member Panel noted the that C-240 creates a “guideline that the 300 multiple is to be used for claimants who worked at least 270 days in the 52 weeks prior to the date of accident.” The one member dissent felt this was a misinterpretation of the plain language of the form C-240 that created an overinflated average weekly wage.','In a recent Mandatory Full Board Appeal filed by the Law Offices of Melissa A. Day, PLLC, the Board held that when deciding a claimant’s average weekly wage the initial determination in any case is whether an employee is deemed to be a five or six day worker. Although this is not a new concept in the Workers’ Compensation arena the Full Board has made one significant clarification: whether an employee is deemed to be a five or six-day worker is a determination that is made independently based on the facts of the case prior to determining which multiple under WCL § 14 is appropriate for calculating the average weekly wage.',0,'2022-04-04 19:03:21','2022-04-04 19:03:21'),(354,46444,46480,'average weekly wage','Once there is a determination of the claimant’s status as a five or six-day worker then the calculation of the average weekly wage using the appropriate multiple can be completed','Once there is a determination of the claimant’s status as a five or six-day worker then the calculation of the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/08/average-wages/\">average weekly wage</a> using the appropriate multiple can be completed','Once there is a determination of the claimant’s status as a five or six-day worker then the calculation of the average weekly wage using the appropriate multiple can be completed','Although the C-240 is a factor to be reviewed in that determination of whether an employee is a five or six-day worker it is not the sole factor.  Once there is a determination of the claimant’s status as a five or six-day worker then the calculation of the average weekly wage using the appropriate multiple can be completed.','Once there is a determination of the claimant’s status as a five or six-day worker then the calculation of the average weekly wage using the appropriate multiple can be completed.',0,'2022-04-04 19:03:21','2022-04-04 19:03:21'),(355,46387,46332,'causally related','If the claimant’s range of motion is limited by a nonoccupational condition such as obesity the doctor should offer an opinion as to the functional loss and resulting SLU that is causally related to the work injury and not other factors','If the claimant’s range of motion is limited by a nonoccupational condition such as obesity the doctor should offer an opinion as to the functional loss and resulting SLU that is <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/07/carpal-tunnel-and-causal-relation-not-always-so-clear-cut/\">causally related</a> to the work injury and not other factors','If the claimant’s range of motion is limited by a nonoccupational condition such as obesity the doctor should offer an opinion as to the functional loss and resulting SLU that is causally related to the work injury and not other factors','The doctor is to provide the schedule loss of use opinion only for the work-related injury. If the claimant’s range of motion is limited by a nonoccupational condition such as obesity the doctor should offer an opinion as to the functional loss and resulting SLU that is causally related to the work injury and not other factors. Where a claimant has preexisting osteoarthritis, which is exacerbated by a work injury, the measurement of the contralateral extremity should be used as a baseline whenever possible. ','If the claimant’s range of motion is limited by a nonoccupational condition such as obesity the doctor should offer an opinion as to the functional loss and resulting SLU that is causally related to the work injury and not other factors.',0,'2022-04-04 19:03:30','2022-04-04 19:03:30'),(356,46387,46332,'causally related','If the range of motion on the injured part is limited by other factors such as obesity the doctor should evaluate using his or her judgement and offer an opinion on functional loss and resulting SLU that are causally related to the work injury','If the range of motion on the injured part is limited by other factors such as obesity the doctor should evaluate using his or her judgement and offer an opinion on functional loss and resulting SLU that are <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/07/carpal-tunnel-and-causal-relation-not-always-so-clear-cut/\">causally related</a> to the work injury','If the range of motion on the injured part is limited by other factors such as obesity the doctor should evaluate using his or her judgement and offer an opinion on functional loss and resulting SLU that are causally related to the work injury','The doctor is required to document the range of motion findings on the contralateral side however if there was prior injury to the contralateral side which affects the range of motion the doctor should use the normal range of motion as indicated in the guidelines as a baseline. If the range of motion on the injured part is limited by other factors such as obesity the doctor should evaluate using his or her judgement and offer an opinion on functional loss and resulting SLU that are causally related to the work injury.','If the claimant’s range of motion is limited by a nonoccupational condition such as obesity the doctor should offer an opinion as to the functional loss and resulting SLU that is causally related to the work injury and not other factors. Where a claimant has preexisting osteoarthritis, which is exacerbated by a work injury',0,'2022-04-04 19:03:30','2022-04-04 19:03:30'),(357,46387,46367,'causally related','If the claimant’s range of motion is limited by a nonoccupational condition such as obesity the doctor should offer an opinion as to the functional loss and resulting SLU that is causally related to the work injury and not other factors','If the claimant’s range of motion is limited by a nonoccupational condition such as obesity the doctor should offer an opinion as to the functional loss and resulting SLU that is <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/02/no-further-causally-related-disability-due-to-intervening-unrelated-accident/\">causally related</a> to the work injury and not other factors','If the claimant’s range of motion is limited by a nonoccupational condition such as obesity the doctor should offer an opinion as to the functional loss and resulting SLU that is causally related to the work injury and not other factors','The doctor is to provide the schedule loss of use opinion only for the work-related injury. If the claimant’s range of motion is limited by a nonoccupational condition such as obesity the doctor should offer an opinion as to the functional loss and resulting SLU that is causally related to the work injury and not other factors. Where a claimant has preexisting osteoarthritis, which is exacerbated by a work injury, the measurement of the contralateral extremity should be used as a baseline whenever possible. ','If the claimant’s range of motion is limited by a nonoccupational condition such as obesity the doctor should offer an opinion as to the functional loss and resulting SLU that is causally related to the work injury and not other factors.',0,'2022-04-04 19:03:30','2022-04-04 19:03:30'),(358,46387,46367,'causally related','If the range of motion on the injured part is limited by other factors such as obesity the doctor should evaluate using his or her judgement and offer an opinion on functional loss and resulting SLU that are causally related to the work injury','If the range of motion on the injured part is limited by other factors such as obesity the doctor should evaluate using his or her judgement and offer an opinion on functional loss and resulting SLU that are <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/02/no-further-causally-related-disability-due-to-intervening-unrelated-accident/\">causally related</a> to the work injury','If the range of motion on the injured part is limited by other factors such as obesity the doctor should evaluate using his or her judgement and offer an opinion on functional loss and resulting SLU that are causally related to the work injury','The doctor is required to document the range of motion findings on the contralateral side however if there was prior injury to the contralateral side which affects the range of motion the doctor should use the normal range of motion as indicated in the guidelines as a baseline. If the range of motion on the injured part is limited by other factors such as obesity the doctor should evaluate using his or her judgement and offer an opinion on functional loss and resulting SLU that are causally related to the work injury.','If the claimant’s range of motion is limited by a nonoccupational condition such as obesity the doctor should offer an opinion as to the functional loss and resulting SLU that is causally related to the work injury and not other factors. Where a claimant has preexisting osteoarthritis, which is exacerbated by a work injury',0,'2022-04-04 19:03:30','2022-04-04 19:03:30'),(359,46387,46329,'contralateral extremity should be used as a baseline','Where a claimant has preexisting osteoarthritis, which is exacerbated by a work injury, the measurement of the contralateral extremity should be used as a baseline whenever possible','Where a claimant has preexisting osteoarthritis, which is exacerbated by a work injury, the measurement of the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/08/using-the-contralateral-limb-as-a-baseline-for-calculating-schedule-loss-of-use/\">contralateral extremity should be used as a baseline</a> whenever possible','Where a claimant has preexisting osteoarthritis, which is exacerbated by a work injury, the measurement of the contralateral extremity should be used as a baseline whenever possible','If the claimant’s range of motion is limited by a nonoccupational condition such as obesity the doctor should offer an opinion as to the functional loss and resulting SLU that is causally related to the work injury and not other factors. Where a claimant has preexisting osteoarthritis, which is exacerbated by a work injury, the measurement of the contralateral extremity should be used as a baseline whenever possible. Reductions in range of motion for the non-injured contralateral extremity are deducted from the loss of range of motion for the injured extremity.','Where a claimant has preexisting osteoarthritis, which is exacerbated by a work injury, the measurement of the contralateral extremity should be used as a baseline whenever possible.',0,'2022-04-04 19:03:30','2022-04-04 19:03:30'),(360,46387,46329,'contralateral side as a baseline','This can be done by using the contralateral side as a baseline and by reviewing reports concerning prior injuries to the same site','This can be done by using the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/08/using-the-contralateral-limb-as-a-baseline-for-calculating-schedule-loss-of-use/\">contralateral side as a baseline</a> and by reviewing reports concerning prior injuries to the same site','This can be done by using the contralateral side as a baseline and by reviewing reports concerning prior injuries to the same site','With respect to apportionment the examining physician should offer an opinion of the SLU that resulted from the relevant work-related injury, as opposed to other causes. This can be done by using the contralateral side as a baseline and by reviewing reports concerning prior injuries to the same site.','This can be done by using the contralateral side as a baseline and by reviewing reports concerning prior injuries to the same site.',0,'2022-04-04 19:03:30','2022-04-04 19:03:30'),(361,46387,46422,'guidelines there must be objective medical','To obtain an increase over the SLU previously awarded and based on the earlier guidelines there must be objective medical evidence that the claimant’s anatomical or functional loss (e.g','To obtain an increase over the SLU previously awarded and based on the earlier <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2017/06/board-finds-that-medical-treatment-guidelines-apply-to-out-of-state-claimants/\">guidelines there must be objective medical</a> evidence that the claimant’s anatomical or functional loss (e.g','To obtain an increase over the SLU previously awarded and based on the earlier guidelines there must be objective medical evidence that the claimant’s anatomical or functional loss (e.g','If the patient was previously awarded a SLU based on the earlier guidelines and subsequently sufferers a new injury, the examining physician should evaluate based on the 2018 guidelines to determine the SLU that resulted from the relevant work-related injury as opposed to other causes. To obtain an increase over the SLU previously awarded and based on the earlier guidelines there must be objective medical evidence that the claimant’s anatomical or functional loss (e.g. ROM) has increased since the prior SLU and the evaluation under the 2018 Guidelines results in a higher SLU than the one previously awarded.','to determine the SLU that resulted from the relevant work-related injury as opposed to other causes. To obtain an increase over the SLU previously awarded and based on the earlier guidelines there must be objective medical evidence that the claimant’s anatomical or functional loss (e.g. ROM) has increased since the prior SLU and the evaluation under the 2018 Guidelines results in a higher SLU than the one previously awarded. No increased SLU should be awarded if claimant’s anatomical or functional loss is substantially the same as it was at the time of the prior SLU, even if an assessment pursuant to the 2018 guidelines would result in a higher SLU percentag',0,'2022-04-04 19:03:30','2022-04-04 19:03:30'),(362,46387,46502,'guidelines there must be objective medical','To obtain an increase over the SLU previously awarded and based on the earlier guidelines there must be objective medical evidence that the claimant’s anatomical or functional loss (e.g','To obtain an increase over the SLU previously awarded and based on the earlier <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/11/non-acute-pain-medical-treatment-guidelines-offer-a-framework-for-controlling-costs-associated-with-chronic-pain-management-especially-opioid-use/\">guidelines there must be objective medical</a> evidence that the claimant’s anatomical or functional loss (e.g','To obtain an increase over the SLU previously awarded and based on the earlier guidelines there must be objective medical evidence that the claimant’s anatomical or functional loss (e.g','If the patient was previously awarded a SLU based on the earlier guidelines and subsequently sufferers a new injury, the examining physician should evaluate based on the 2018 guidelines to determine the SLU that resulted from the relevant work-related injury as opposed to other causes. To obtain an increase over the SLU previously awarded and based on the earlier guidelines there must be objective medical evidence that the claimant’s anatomical or functional loss (e.g. ROM) has increased since the prior SLU and the evaluation under the 2018 Guidelines results in a higher SLU than the one previously awarded.','to determine the SLU that resulted from the relevant work-related injury as opposed to other causes. To obtain an increase over the SLU previously awarded and based on the earlier guidelines there must be objective medical evidence that the claimant’s anatomical or functional loss (e.g. ROM) has increased since the prior SLU and the evaluation under the 2018 Guidelines results in a higher SLU than the one previously awarded. No increased SLU should be awarded if claimant’s anatomical or functional loss is substantially the same as it was at the time of the prior SLU, even if an assessment pursuant to the 2018 guidelines would result in a higher SLU percentag',0,'2022-04-04 19:03:30','2022-04-04 19:03:30'),(363,46387,46506,'guidelines there must be objective medical','To obtain an increase over the SLU previously awarded and based on the earlier guidelines there must be objective medical evidence that the claimant’s anatomical or functional loss (e.g','To obtain an increase over the SLU previously awarded and based on the earlier <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/09/navigating-the-low-back-medical-treatment-guidelines-for-chiropractic-care/\">guidelines there must be objective medical</a> evidence that the claimant’s anatomical or functional loss (e.g','To obtain an increase over the SLU previously awarded and based on the earlier guidelines there must be objective medical evidence that the claimant’s anatomical or functional loss (e.g','If the patient was previously awarded a SLU based on the earlier guidelines and subsequently sufferers a new injury, the examining physician should evaluate based on the 2018 guidelines to determine the SLU that resulted from the relevant work-related injury as opposed to other causes. To obtain an increase over the SLU previously awarded and based on the earlier guidelines there must be objective medical evidence that the claimant’s anatomical or functional loss (e.g. ROM) has increased since the prior SLU and the evaluation under the 2018 Guidelines results in a higher SLU than the one previously awarded.','to determine the SLU that resulted from the relevant work-related injury as opposed to other causes. To obtain an increase over the SLU previously awarded and based on the earlier guidelines there must be objective medical evidence that the claimant’s anatomical or functional loss (e.g. ROM) has increased since the prior SLU and the evaluation under the 2018 Guidelines results in a higher SLU than the one previously awarded. No increased SLU should be awarded if claimant’s anatomical or functional loss is substantially the same as it was at the time of the prior SLU, even if an assessment pursuant to the 2018 guidelines would result in a higher SLU percentag',0,'2022-04-04 19:03:30','2022-04-04 19:03:30'),(364,46387,46340,'medical evidence','To obtain an increase over the SLU previously awarded and based on the earlier guidelines there must be objective medical evidence that the claimant’s anatomical or functional loss (e.g','To obtain an increase over the SLU previously awarded and based on the earlier guidelines there must be objective <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/07/pain-is-not-enough-for-prima-facie-medical-evidence/\">medical evidence</a> that the claimant’s anatomical or functional loss (e.g','To obtain an increase over the SLU previously awarded and based on the earlier guidelines there must be objective medical evidence that the claimant’s anatomical or functional loss (e.g','If the patient was previously awarded a SLU based on the earlier guidelines and subsequently sufferers a new injury, the examining physician should evaluate based on the 2018 guidelines to determine the SLU that resulted from the relevant work-related injury as opposed to other causes. To obtain an increase over the SLU previously awarded and based on the earlier guidelines there must be objective medical evidence that the claimant’s anatomical or functional loss (e.g. ROM) has increased since the prior SLU and the evaluation under the 2018 Guidelines results in a higher SLU than the one previously awarded.','to determine the SLU that resulted from the relevant work-related injury as opposed to other causes. To obtain an increase over the SLU previously awarded and based on the earlier guidelines there must be objective medical evidence that the claimant’s anatomical or functional loss (e.g. ROM) has increased since the prior SLU and the evaluation under the 2018 Guidelines results in a higher SLU than the one previously awarded. No increased SLU should be awarded if claimant’s anatomical or functional loss is substantially the same as it was at the time of the prior SLU, even if an assessment pursuant to the 2018 guidelines would result in a higher SLU percentag',0,'2022-04-04 19:03:30','2022-04-04 19:03:30'),(365,46387,46415,'awarded if claimant’s anatomical or functional loss','No increased SLU should be awarded if claimant’s anatomical or functional loss is substantially the same as it was at the time of the prior SLU, even if an assessment pursuant to the 2018 guidelines would result in a higher SLU percentage','No increased SLU should be <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2018/03/schedule-loss-of-use-awards-grrrrrrrrr/\">awarded if claimant’s anatomical or functional loss</a> is substantially the same as it was at the time of the prior SLU, even if an assessment pursuant to the 2018 guidelines would result in a higher SLU percentage','No increased SLU should be awarded if claimant’s anatomical or functional loss is substantially the same as it was at the time of the prior SLU, even if an assessment pursuant to the 2018 guidelines would result in a higher SLU percentage','ROM) has increased since the prior SLU and the evaluation under the 2018 Guidelines results in a higher SLU than the one previously awarded. No increased SLU should be awarded if claimant’s anatomical or functional loss is substantially the same as it was at the time of the prior SLU, even if an assessment pursuant to the 2018 guidelines would result in a higher SLU percentage.','No increased SLU should be awarded if claimant’s anatomical or functional loss is substantially the same as it was at the time of the prior SLU, even if an assessment pursuant to the 2018 guidelines would result in a higher SLU percentage.',0,'2022-04-04 19:03:30','2022-04-04 19:03:30'),(366,46387,46342,'give both a SLU opinion and a non-schedule opinion','If both schedule and non-schedule body parts are involved the IME doctor can give both a SLU opinion and a non-schedule opinion in the same report','If both schedule and non-schedule body parts are involved the IME doctor can <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/05/claim-disallowance-with-unanimous-medical-opinion-giving-causal-relationship/\">give both a SLU opinion and a non-schedule opinion</a> in the same report','If both schedule and non-schedule body parts are involved the IME doctor can give both a SLU opinion and a non-schedule opinion in the same report','If both schedule and non-schedule body parts are involved the IME doctor can give both a SLU opinion and a non-schedule opinion in the same report. The doctor should fill out both the IME-4 A and B forms.','If both schedule and non-schedule body parts are involved the IME doctor can give both a SLU opinion and a non-schedule opinion in the same report.',0,'2022-04-04 19:03:30','2022-04-04 19:03:30'),(367,46387,46503,'attending physician','The claimant’s attending physician is required to use a form C4.3 for a SLU opinion','The claimant’s <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/11/in-kigin-v-wcb-the-court-of-appeals-upholds-the-presumption-that-treatment-outside-the-mtgs-is-not-medically-necessary-and-the-attending-physician-has-the-burden-of-proof-of-the-need-for-a-variance/\">attending physician</a> is required to use a form C4.3 for a SLU opinion','The claimant’s attending physician is required to use a form C4.3 for a SLU opinion','The claimant’s attending physician is required to use a form C4.3 for a SLU opinion. The provider who has treated the injury is expected to conduct the SLU exam.','The claimant’s attending physician is required to use a form C4.3 for a SLU opinion.',0,'2022-04-04 19:03:30','2022-04-04 19:03:30'),(368,46387,46372,'claimant had prior injuries or conditions','The carrier should investigate whether the claimant had prior injuries or conditions that may affect in range of motion','The carrier should investigate whether the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/01/how-change-in-conditions-for-classified-claimants-changed-drastically/\">claimant had prior injuries or conditions</a> that may affect in range of motion','The carrier should investigate whether the claimant had prior injuries or conditions that may affect in range of motion','The carrier should investigate whether the claimant had prior injuries or conditions that may affect in range of motion. Review the post-employment physical or records from the primary care physician. ','The carrier should investigate whether the claimant had prior injuries or conditions that may affect in range of motion.',0,'2022-04-04 19:03:30','2022-04-04 19:03:30'),(369,46420,46383,'amendment is constitutional in light of any retroactive','Justice Fahey, writing for a unanimous Court, reversed the First Department and held that the amendment is constitutional in light of any retroactive effect','Justice Fahey, writing for a unanimous Court, reversed the First Department and held that the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2019/05/amendments-to-2017-not-retroactive-if-ppd-claimant-was-not-attached-to-labor-market/\">amendment is constitutional in light of any retroactive</a> effect','Justice Fahey, writing for a unanimous Court, reversed the First Department and held that the amendment is constitutional in light of any retroactive effect','The issue on appeal was whether the 2013 amendment to WCL § 25-a created a retroactive effect which is unconstitutional in light of the Contracts Clause, Takings Clause, and the Due Process Clause. Justice Fahey, writing for a unanimous Court, reversed the First Department and held that the amendment is constitutional in light of any retroactive effect.','Justice Fahey, writing for a unanimous Court, reversed the First Department and held that the amendment is constitutional in light of any retroactive effect.',0,'2022-04-04 21:08:22','2022-04-04 21:08:22'),(370,46420,46383,'amendment had a retroactive','The Court initially examined whether or not the amendment had a retroactive effect','The Court initially examined whether or not the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2019/05/amendments-to-2017-not-retroactive-if-ppd-claimant-was-not-attached-to-labor-market/\">amendment had a retroactive</a> effect','The Court initially examined whether or not the amendment had a retroactive effect','The Court initially examined whether or not the amendment had a retroactive effect. Without affirmatively holding either way, the Court proceeded with their analysis assuming Plaintiffs’ argument was accurate insofar as there was a retroactive effect which would impose additional liability on the Plaintiffs.','The Court initially examined whether or not the amendment had a retroactive effect. Without affirmatively holding either way, the Court proceeded with their analysis assuming Plaintiffs’ argument was accurate insofar as there was a retroactive effect',0,'2022-04-04 21:08:22','2022-04-04 21:08:22'),(371,46346,46338,'disputed causal relationship','Our IME disputed causal relationship, stating the claimant’s complaints were really radicular from the cervical spine','Our IME <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/06/third-deparment-decision-disputing-causal-relationship/\">disputed causal relationship</a>, stating the claimant’s complaints were really radicular from the cervical spine','Our IME disputed causal relationship, stating the claimant’s complaints were really radicular from the cervical spine','The doctor requested surgery. Our IME disputed causal relationship, stating the claimant’s complaints were really radicular from the cervical spine.','Our IME disputed causal relationship, stating the claimant’s complaints were really radicular from the cervical spine.',0,'2022-04-04 21:55:11','2022-04-04 21:55:11'),(372,46346,46338,'causal relationship','She also admitted that reports closer in time to the date of injury are generally more accurate, that she never reviewed a 02/03/2020 report, finding no evidence of an injury to the right shoulder, and confirmed that would have been relevant in forming her opinion on causal relationship','She also admitted that reports closer in time to the date of injury are generally more accurate, that she never reviewed a 02/03/2020 report, finding no evidence of an injury to the right shoulder, and confirmed that would have been relevant in forming her opinion on <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/06/third-deparment-decision-disputing-causal-relationship/\">causal relationship</a>','She also admitted that reports closer in time to the date of injury are generally more accurate, that she never reviewed a 02/03/2020 report, finding no evidence of an injury to the right shoulder, and confirmed that would have been relevant in forming her opinion on causal relationship','She admitted she could not relate findings on MRI, or the need for surgery, to the 01/18/2020 injury within a reasonable degree of medical certainty. She also admitted that reports closer in time to the date of injury are generally more accurate, that she never reviewed a 02/03/2020 report, finding no evidence of an injury to the right shoulder, and confirmed that would have been relevant in forming her opinion on causal relationship.','shed 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 tear of the supraspinatus and AC degenerative joint disease. The doctor requested surgery. Our IME disputed causal relationship, stating the claimant’s complaints were really radicular from the cervical spine.',0,'2022-04-04 21:55:11','2022-04-04 21:55:11'),(373,46346,46342,'opinion on causal relationship','She also admitted that reports closer in time to the date of injury are generally more accurate, that she never reviewed a 02/03/2020 report, finding no evidence of an injury to the right shoulder, and confirmed that would have been relevant in forming her opinion on causal relationship','She also admitted that reports closer in time to the date of injury are generally more accurate, that she never reviewed a 02/03/2020 report, finding no evidence of an injury to the right shoulder, and confirmed that would have been relevant in forming her <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/05/claim-disallowance-with-unanimous-medical-opinion-giving-causal-relationship/\">opinion on causal relationship</a>','She also admitted that reports closer in time to the date of injury are generally more accurate, that she never reviewed a 02/03/2020 report, finding no evidence of an injury to the right shoulder, and confirmed that would have been relevant in forming her opinion on causal relationship','She admitted she could not relate findings on MRI, or the need for surgery, to the 01/18/2020 injury within a reasonable degree of medical certainty. She also admitted that reports closer in time to the date of injury are generally more accurate, that she never reviewed a 02/03/2020 report, finding no evidence of an injury to the right shoulder, and confirmed that would have been relevant in forming her opinion on causal relationship.','She admitted she could not relate findings on MRI, or the need for surgery, to the 01/18/2020 injury within a reasonable degree of medical certainty. She also admitted that reports closer in time to the date of injury are generally more accurate, that she never reviewed a 02/03/2020 report, finding no evidence of an injury to the right shoulder, and confirmed that would have been relevant in forming her opinion on causal relationship.',0,'2022-04-04 21:55:11','2022-04-04 21:55:11'),(374,46346,46342,'causal relationship','Our IME disputed causal relationship, stating the claimant’s complaints were really radicular from the cervical spine','Our IME disputed <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/05/claim-disallowance-with-unanimous-medical-opinion-giving-causal-relationship/\">causal relationship</a>, stating the claimant’s complaints were really radicular from the cervical spine','Our IME disputed causal relationship, stating the claimant’s complaints were really radicular from the cervical spine','The doctor requested surgery. Our IME disputed causal relationship, stating the claimant’s complaints were really radicular from the cervical spine.','Our IME disputed causal relationship, stating the claimant’s complaints were really radicular from the cervical spine.',0,'2022-04-04 21:55:11','2022-04-04 21:55:11'),(375,46346,46344,'causal relationship','Our IME disputed causal relationship, stating the claimant’s complaints were really radicular from the cervical spine','Our IME disputed <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/05/the-claimants-burden-proving-the-causal-relationship-of-an-injury/\">causal relationship</a>, stating the claimant’s complaints were really radicular from the cervical spine','Our IME disputed causal relationship, stating the claimant’s complaints were really radicular from the cervical spine','The doctor requested surgery. Our IME disputed causal relationship, stating the claimant’s complaints were really radicular from the cervical spine.','Our IME disputed causal relationship, stating the claimant’s complaints were really radicular from the cervical spine.',0,'2022-04-04 21:55:11','2022-04-04 21:55:11'),(376,46346,46344,'causal relationship','She also admitted that reports closer in time to the date of injury are generally more accurate, that she never reviewed a 02/03/2020 report, finding no evidence of an injury to the right shoulder, and confirmed that would have been relevant in forming her opinion on causal relationship','She also admitted that reports closer in time to the date of injury are generally more accurate, that she never reviewed a 02/03/2020 report, finding no evidence of an injury to the right shoulder, and confirmed that would have been relevant in forming her opinion on <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/05/the-claimants-burden-proving-the-causal-relationship-of-an-injury/\">causal relationship</a>','She also admitted that reports closer in time to the date of injury are generally more accurate, that she never reviewed a 02/03/2020 report, finding no evidence of an injury to the right shoulder, and confirmed that would have been relevant in forming her opinion on causal relationship','She admitted she could not relate findings on MRI, or the need for surgery, to the 01/18/2020 injury within a reasonable degree of medical certainty. She also admitted that reports closer in time to the date of injury are generally more accurate, that she never reviewed a 02/03/2020 report, finding no evidence of an injury to the right shoulder, and confirmed that would have been relevant in forming her opinion on causal relationship.','shed 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 tear of the supraspinatus and AC degenerative joint disease. The doctor requested surgery. Our IME disputed causal relationship, stating the claimant’s complaints were really radicular from the cervical spine.',0,'2022-04-04 21:55:11','2022-04-04 21:55:11'),(377,46339,46553,'claimant alleged','The claimant alleged that the carrier took credit for the prior $3,500 attorney fee, and also deducted the full amount of the remaining reimbursement','The <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/03/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/\">claimant alleged</a> that the carrier took credit for the prior $3,500 attorney fee, and also deducted the full amount of the remaining reimbursement','The claimant alleged that the carrier took credit for the prior $3,500 attorney fee, and also deducted the full amount of the remaining reimbursement','The claimant appealed the Stipulated Decision, arguing that there had been no meeting of the minds on the issue of the amount of the prior payments. The claimant alleged that the carrier took credit for the prior $3,500 attorney fee, and also deducted the full amount of the remaining reimbursement. Claimant alleged that he was underpaid by $3,500 as a result. ','The claimant appealed the Stipulated Decision, arguing that there had been no meeting of the minds on the issue of the amount of the prior payments. The claimant alleged that the carrier took credit for the prior $3,500 attorney fee, and also deducted the full amount of the remaining reimbursement.',0,'2022-04-04 21:55:17','2022-04-04 21:55:17'),(378,46339,46511,'remaining amount of the reimbursement to the employer','The remaining amount of the reimbursement to the employer should have been reduced by the $3,500 previously taken from the reimbursement for an attorney fee','The <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/10/less-than-twelve-weeks-remaining-for-wcl-%c2%a725-a-because-subject-046-630-contains-stricter-requirements-for-reopening-a-claim-on-the-issue-of-%c2%a725-a-prudent-carriers-and-employers-may-want/\">remaining amount of the reimbursement to the employer</a> should have been reduced by the $3,500 previously taken from the reimbursement for an attorney fee','The remaining amount of the reimbursement to the employer should have been reduced by the $3,500 previously taken from the reimbursement for an attorney fee','The Board Panel agreed with the claimant. The remaining amount of the reimbursement to the employer should have been reduced by the $3,500 previously taken from the reimbursement for an attorney fee. The Board Panel directed the carrier to pay the outstanding balance of $3,500 to the claimant.','The Board Panel agreed with the claimant. The remaining amount of the reimbursement to the employer should have been reduced by the $3,500 previously taken from the reimbursement for an attorney fee.',0,'2022-04-04 21:55:17','2022-04-04 21:55:17'),(379,46339,46504,'wages paid from a schedule loss','Carriers need to be aware that, even though they are entitled to full reimbursement for wages paid from a schedule loss of use award, they have to be careful not to double count on the prior wages already paid to the employer.','Carriers need to be aware that, even though they are entitled to full reimbursement for <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2014/11/the-law-offices-of-melissa-a-day-pllc-won-a-finding-of-a-0-loss-of-wage-earning-capacity/\">wages paid from a schedule loss</a> of use award, they have to be careful not to double count on the prior wages already paid to the employer.','Carriers need to be aware that, even though they are entitled to full reimbursement for wages paid from a schedule loss of use award, they have to be careful not to double count on the prior wages already paid to the employer.','The remaining amount of the reimbursement to the employer should have been reduced by the $3,500 previously taken from the reimbursement for an attorney fee. The Board Panel directed the carrier to pay the outstanding balance of $3,500 to the claimant. Carriers need to be aware that, even though they are entitled to full reimbursement for wages paid from a schedule loss of use award, they have to be careful not to double count on the prior wages already paid to the employer.','Carriers need to be aware that, even though they are entitled to full reimbursement for wages paid from a schedule loss of use award, they have to be careful not to double count on the prior wages already paid to the employer.',0,'2022-04-04 21:55:17','2022-04-04 21:55:17'),(380,46339,46509,'wages paid from a schedule loss','Carriers need to be aware that, even though they are entitled to full reimbursement for wages paid from a schedule loss of use award, they have to be careful not to double count on the prior wages already paid to the employer.','Carriers need to be aware that, even though they are entitled to full reimbursement for <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/11/a-blind-leap-across-an-inscrutable-chasm-arbitrary-and-capricious-loss-of-wage-earning-capacity-lwec-determinations/\">wages paid from a schedule loss</a> of use award, they have to be careful not to double count on the prior wages already paid to the employer.','Carriers need to be aware that, even though they are entitled to full reimbursement for wages paid from a schedule loss of use award, they have to be careful not to double count on the prior wages already paid to the employer.','The remaining amount of the reimbursement to the employer should have been reduced by the $3,500 previously taken from the reimbursement for an attorney fee. The Board Panel directed the carrier to pay the outstanding balance of $3,500 to the claimant. Carriers need to be aware that, even though they are entitled to full reimbursement for wages paid from a schedule loss of use award, they have to be careful not to double count on the prior wages already paid to the employer.','Carriers need to be aware that, even though they are entitled to full reimbursement for wages paid from a schedule loss of use award, they have to be careful not to double count on the prior wages already paid to the employer.',0,'2022-04-04 21:55:17','2022-04-04 21:55:17'),(381,46339,46329,'schedule loss','Carriers need to be aware that, even though they are entitled to full reimbursement for wages paid from a schedule loss of use award, they have to be careful not to double count on the prior wages already paid to the employer.','Carriers need to be aware that, even though they are entitled to full reimbursement for wages paid from a <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/08/using-the-contralateral-limb-as-a-baseline-for-calculating-schedule-loss-of-use/\">schedule loss</a> of use award, they have to be careful not to double count on the prior wages already paid to the employer.','Carriers need to be aware that, even though they are entitled to full reimbursement for wages paid from a schedule loss of use award, they have to be careful not to double count on the prior wages already paid to the employer.','The remaining amount of the reimbursement to the employer should have been reduced by the $3,500 previously taken from the reimbursement for an attorney fee. The Board Panel directed the carrier to pay the outstanding balance of $3,500 to the claimant. Carriers need to be aware that, even though they are entitled to full reimbursement for wages paid from a schedule loss of use award, they have to be careful not to double count on the prior wages already paid to the employer.','Carriers need to be aware that, even though they are entitled to full reimbursement for wages paid from a schedule loss of use award, they have to be careful not to double count on the prior wages already paid to the employer.',0,'2022-04-04 21:55:17','2022-04-04 21:55:17'),(382,46339,46387,'schedule loss','Carriers need to be aware that, even though they are entitled to full reimbursement for wages paid from a schedule loss of use award, they have to be careful not to double count on the prior wages already paid to the employer.','Carriers need to be aware that, even though they are entitled to full reimbursement for wages paid from a <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2018/12/review-of-workers-compensation-board-schedule-loss-of-use-frequently-asked-questions-and-new-permanency-forms/\">schedule loss</a> of use award, they have to be careful not to double count on the prior wages already paid to the employer.','Carriers need to be aware that, even though they are entitled to full reimbursement for wages paid from a schedule loss of use award, they have to be careful not to double count on the prior wages already paid to the employer.','The remaining amount of the reimbursement to the employer should have been reduced by the $3,500 previously taken from the reimbursement for an attorney fee. The Board Panel directed the carrier to pay the outstanding balance of $3,500 to the claimant. Carriers need to be aware that, even though they are entitled to full reimbursement for wages paid from a schedule loss of use award, they have to be careful not to double count on the prior wages already paid to the employer.','Carriers need to be aware that, even though they are entitled to full reimbursement for wages paid from a schedule loss of use award, they have to be careful not to double count on the prior wages already paid to the employer.',0,'2022-04-04 21:55:17','2022-04-04 21:55:17'),(383,46339,46415,'schedule loss of use award','Carriers need to be aware that, even though they are entitled to full reimbursement for wages paid from a schedule loss of use award, they have to be careful not to double count on the prior wages already paid to the employer.','Carriers need to be aware that, even though they are entitled to full reimbursement for wages paid from a <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2018/03/schedule-loss-of-use-awards-grrrrrrrrr/\">schedule loss of use award</a>, they have to be careful not to double count on the prior wages already paid to the employer.','Carriers need to be aware that, even though they are entitled to full reimbursement for wages paid from a schedule loss of use award, they have to be careful not to double count on the prior wages already paid to the employer.','The remaining amount of the reimbursement to the employer should have been reduced by the $3,500 previously taken from the reimbursement for an attorney fee. The Board Panel directed the carrier to pay the outstanding balance of $3,500 to the claimant. Carriers need to be aware that, even though they are entitled to full reimbursement for wages paid from a schedule loss of use award, they have to be careful not to double count on the prior wages already paid to the employer.','Carriers need to be aware that, even though they are entitled to full reimbursement for wages paid from a schedule loss of use award, they have to be careful not to double count on the prior wages already paid to the employer.',0,'2022-04-04 21:55:17','2022-04-04 21:55:17'),(384,46551,46511,'employers and carriers need to get their applications','Based on this language, self-insured employers and carriers need to get their applications in for 25-a relief in BEFORE 1/1/14','Based on this language, self-insured <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/10/less-than-twelve-weeks-remaining-for-wcl-%c2%a725-a-because-subject-046-630-contains-stricter-requirements-for-reopening-a-claim-on-the-issue-of-%c2%a725-a-prudent-carriers-and-employers-may-want/\">employers and carriers need to get their applications</a> in for 25-a relief in BEFORE 1/1/14','Based on this language, self-insured employers and carriers need to get their applications in for 25-a relief in BEFORE 1/1/14','What does this mean? Based on this language, self-insured employers and carriers need to get their applications in for 25-a relief in BEFORE 1/1/14.','Based on this language, self-insured employers and carriers need to get their applications in for 25-a relief in BEFORE 1/1/14.',0,'2022-04-04 21:55:18','2022-04-04 21:55:18'),(385,46551,46511,'claim that is reopened','7 Years from the Date of Accident or Injury Have Elapsed. The threshold is a there must be a claim that is reopened more than 7 years after the date of accident or injury','<strong>7 Years from the Date of Accident or Injury Have Elapsed.</strong> The threshold is a there must be a <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/10/less-than-twelve-weeks-remaining-for-wcl-%c2%a725-a-because-subject-046-630-contains-stricter-requirements-for-reopening-a-claim-on-the-issue-of-%c2%a725-a-prudent-carriers-and-employers-may-want/\">claim that is reopened</a> more than 7 years after the date of accident or injury','<strong>7 Years from the Date of Accident or Injury Have Elapsed.</strong> The threshold is a there must be a claim that is reopened more than 7 years after the date of accident or injury','7 Years from the Date of Accident or Injury Have Elapsed. The threshold is a there must be a claim that is reopened more than 7 years after the date of accident or injury','<strong>7 Years from the Date of Accident or Injury Have Elapsed.</strong> The threshold is a there must be a claim that is reopened more than 7 years after the date of accident or injury.',0,'2022-04-04 21:55:18','2022-04-04 21:55:18'),(386,46551,46511,'employer or carrier','If you are a self-insured employer or carrier, you are going to need to be very aggressive in identifying these claims during the next 9 months to ferret out all claims which might qualify for such relief before the 1/1/14 deadline','If you are a self-insured <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/10/less-than-twelve-weeks-remaining-for-wcl-%c2%a725-a-because-subject-046-630-contains-stricter-requirements-for-reopening-a-claim-on-the-issue-of-%c2%a725-a-prudent-carriers-and-employers-may-want/\">employer or carrier</a>, you are going to need to be very aggressive in identifying these claims during the next 9 months to ferret out all claims which might qualify for such relief before the 1/1/14 deadline','If you are a self-insured employer or carrier, you are going to need to be very aggressive in identifying these claims during the next 9 months to ferret out all claims which might qualify for such relief before the 1/1/14 deadline','If you are a self-insured employer or carrier, you are going to need to be very aggressive in identifying these claims during the next 9 months to ferret out all claims which might qualify for such relief before the 1/1/14 deadline.','If you are a self-insured employer or carrier, you are going to need to be very aggressive in identifying these claims during the next 9 months to ferret out all claims which might qualify for such relief before the 1/1/14 deadline.',0,'2022-04-04 21:55:18','2022-04-04 21:55:18'),(387,46551,46546,'claim that is reopened','7 Years from the Date of Accident or Injury Have Elapsed. The threshold is a there must be a claim that is reopened more than 7 years after the date of accident or injury','<strong>7 Years from the Date of Accident or Injury Have Elapsed.</strong> The threshold is a there must be a <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/07/did-you-know-an-employer-or-carrier-may-be-able-to-reopen-a-ppd-claim-on-the-issue-of-labor-market-attachment/\">claim that is reopened</a> more than 7 years after the date of accident or injury','<strong>7 Years from the Date of Accident or Injury Have Elapsed.</strong> The threshold is a there must be a claim that is reopened more than 7 years after the date of accident or injury','7 Years from the Date of Accident or Injury Have Elapsed. The threshold is a there must be a claim that is reopened more than 7 years after the date of accident or injury','<strong>7 Years from the Date of Accident or Injury Have Elapsed.</strong> The threshold is a there must be a claim that is reopened more than 7 years after the date of accident or injury.',0,'2022-04-04 21:55:18','2022-04-04 21:55:18'),(388,46551,46546,'claim that is reopened','3 Years from the Last Payment of Compensation. A claim that is reopened more than 3 years after the last payment of compensation – which refers specifically to lost wage benefits, not to medical','<strong>3 Years from the Last Payment of Compensation.</strong> A <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/07/did-you-know-an-employer-or-carrier-may-be-able-to-reopen-a-ppd-claim-on-the-issue-of-labor-market-attachment/\">claim that is reopened</a> more than 3 years after the last payment of compensation – which refers specifically to lost wage benefits, not to medical','<strong>3 Years from the Last Payment of Compensation.</strong> A claim that is reopened more than 3 years after the last payment of compensation – which refers specifically to lost wage benefits, not to medical','3 Years from the Last Payment of Compensation. A claim that is reopened more than 3 years after the last payment of compensation – which refers specifically to lost wage benefits, not to medical','<strong>3 Years from the Last Payment of Compensation.</strong> A claim that is reopened more than 3 years after the last payment of compensation – which refers specifically to lost wage benefits, not to medical.',0,'2022-04-04 21:55:18','2022-04-04 21:55:18'),(389,46551,46546,'employers and carriers','Based on this language, self-insured employers and carriers need to get their applications in for 25-a relief in BEFORE 1/1/14','Based on this language, self-insured <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/07/did-you-know-an-employer-or-carrier-may-be-able-to-reopen-a-ppd-claim-on-the-issue-of-labor-market-attachment/\">employers and carriers</a> need to get their applications in for 25-a relief in BEFORE 1/1/14','Based on this language, self-insured employers and carriers need to get their applications in for 25-a relief in BEFORE 1/1/14','What does this mean? Based on this language, self-insured employers and carriers need to get their applications in for 25-a relief in BEFORE 1/1/14.','Based on this language, self-insured employers and carriers need to get their applications in for 25-a relief in BEFORE 1/1/14.',0,'2022-04-04 21:55:18','2022-04-04 21:55:18'),(390,46551,46546,'employer or carrier','If you are a self-insured employer or carrier, you are going to need to be very aggressive in identifying these claims during the next 9 months to ferret out all claims which might qualify for such relief before the 1/1/14 deadline','If you are a self-insured <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/07/did-you-know-an-employer-or-carrier-may-be-able-to-reopen-a-ppd-claim-on-the-issue-of-labor-market-attachment/\">employer or carrier</a>, you are going to need to be very aggressive in identifying these claims during the next 9 months to ferret out all claims which might qualify for such relief before the 1/1/14 deadline','If you are a self-insured employer or carrier, you are going to need to be very aggressive in identifying these claims during the next 9 months to ferret out all claims which might qualify for such relief before the 1/1/14 deadline','If you are a self-insured employer or carrier, you are going to need to be very aggressive in identifying these claims during the next 9 months to ferret out all claims which might qualify for such relief before the 1/1/14 deadline.','If you are a self-insured employer or carrier, you are going to need to be very aggressive in identifying these claims during the next 9 months to ferret out all claims which might qualify for such relief before the 1/1/14 deadline.',0,'2022-04-04 21:55:18','2022-04-04 21:55:18'),(391,46551,46512,'compensation –','3 Years from the Last Payment of Compensation. A claim that is reopened more than 3 years after the last payment of compensation – which refers specifically to lost wage benefits, not to medical','<strong>3 Years from the Last Payment of Compensation.</strong> A claim that is reopened more than 3 years after the last payment of <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/09/board-process-re-engineering-bpr-ny-workers-compensation-forum-members-should-be-included-in-the-dialogue/\">compensation –</a> which refers specifically to lost wage benefits, not to medical','<strong>3 Years from the Last Payment of Compensation.</strong> A claim that is reopened more than 3 years after the last payment of compensation – which refers specifically to lost wage benefits, not to medical','3 Years from the Last Payment of Compensation. A claim that is reopened more than 3 years after the last payment of compensation – which refers specifically to lost wage benefits, not to medical','<strong>3 Years from the Last Payment of Compensation.</strong> A claim that is reopened more than 3 years after the last payment of compensation – which refers specifically to lost wage benefits, not to medical.',0,'2022-04-04 21:55:18','2022-04-04 21:55:18'),(392,46551,46371,'– which refers specifically to lost wage benefits,','3 Years from the Last Payment of Compensation. A claim that is reopened more than 3 years after the last payment of compensation – which refers specifically to lost wage benefits, not to medical','<strong>3 Years from the Last Payment of Compensation.</strong> A claim that is reopened more than 3 years after the last payment of compensation <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">– which refers specifically to lost wage benefits,</a> not to medical','<strong>3 Years from the Last Payment of Compensation.</strong> A claim that is reopened more than 3 years after the last payment of compensation – which refers specifically to lost wage benefits, not to medical','3 Years from the Last Payment of Compensation. A claim that is reopened more than 3 years after the last payment of compensation – which refers specifically to lost wage benefits, not to medical','<strong>3 Years from the Last Payment of Compensation.</strong> A claim that is reopened more than 3 years after the last payment of compensation – which refers specifically to lost wage benefits, not to medical.',0,'2022-04-04 21:55:18','2022-04-04 21:55:18'),(393,46551,46371,'benefits was made in the past –','Applications can be retroactive. If you have a claim that meets these criteria, you can request 25-a relief, even if the qualifying claim for benefits was made in the past – i.e','<strong>Applications can be retroactive.</strong> If you have a claim that meets these criteria, you can request 25-a relief, even if the qualifying claim for <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">benefits was made in the past –</a> i.e','<strong>Applications can be retroactive.</strong> If you have a claim that meets these criteria, you can request 25-a relief, even if the qualifying claim for benefits was made in the past – i.e','Applications can be retroactive. If you have a claim that meets these criteria, you can request 25-a relief, even if the qualifying claim for benefits was made in the past – i.e','<strong>Applications can be retroactive.</strong> If you have a claim that meets these criteria, you can request 25-a relief, even if the qualifying claim for benefits was made in the past – i.e. you received a bill for medical treatment a year ago which when received, met the time thresholds described above you can request that liability be shifted as long as the claim can be still be considered “reopened”, i.e., there has not been a reopening and a closure and then the request for a transfer is made.',0,'2022-04-04 21:55:18','2022-04-04 21:55:18'),(394,46551,46509,'– which refers specifically to lost wage','3 Years from the Last Payment of Compensation. A claim that is reopened more than 3 years after the last payment of compensation – which refers specifically to lost wage benefits, not to medical','<strong>3 Years from the Last Payment of Compensation.</strong> A claim that is reopened more than 3 years after the last payment of compensation <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/11/a-blind-leap-across-an-inscrutable-chasm-arbitrary-and-capricious-loss-of-wage-earning-capacity-lwec-determinations/\">– which refers specifically to lost wage</a> benefits, not to medical','<strong>3 Years from the Last Payment of Compensation.</strong> A claim that is reopened more than 3 years after the last payment of compensation – which refers specifically to lost wage benefits, not to medical','3 Years from the Last Payment of Compensation. A claim that is reopened more than 3 years after the last payment of compensation – which refers specifically to lost wage benefits, not to medical','<strong>3 Years from the Last Payment of Compensation.</strong> A claim that is reopened more than 3 years after the last payment of compensation – which refers specifically to lost wage benefits, not to medical.',0,'2022-04-04 21:55:18','2022-04-04 21:55:18'),(395,46551,46422,'medical treatment','There must be a claim for benefits after the requisite time has elapsed either for medical treatment or lost wages','There must be a claim for benefits after the requisite time has elapsed either for <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2017/06/board-finds-that-medical-treatment-guidelines-apply-to-out-of-state-claimants/\">medical treatment</a> or lost wages','There must be a claim for benefits after the requisite time has elapsed either for medical treatment or lost wages','There mere lapse of time is not sufficient. There must be a claim for benefits after the requisite time has elapsed either for medical treatment or lost wages.','<strong>There must be a claim for benefits after the requisite time period has lapsed.</strong> There mere lapse of time is not sufficient. There must be a claim for benefits after the requisite time has elapsed either for medical treatment or lost wages.',0,'2022-04-04 21:55:18','2022-04-04 21:55:18'),(396,46551,46422,'medical treatment','you received a bill for medical treatment a year ago which when received, met the time thresholds described above you can request that liability be shifted as long as the claim can be still be considered “reopened”, i.e., there has not been a reopening and a closure and then the request for a transfer is made','you received a bill for <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2017/06/board-finds-that-medical-treatment-guidelines-apply-to-out-of-state-claimants/\">medical treatment</a> a year ago which when received, met the time thresholds described above you can request that liability be shifted as long as the claim can be still be considered “reopened”, i.e., there has not been a reopening and a closure and then the request for a transfer is made','you received a bill for medical treatment a year ago which when received, met the time thresholds described above you can request that liability be shifted as long as the claim can be still be considered “reopened”, i.e., there has not been a reopening and a closure and then the request for a transfer is made','If you have a claim that meets these criteria, you can request 25-a relief, even if the qualifying claim for benefits was made in the past – i.e. you received a bill for medical treatment a year ago which when received, met the time thresholds described above you can request that liability be shifted as long as the claim can be still be considered “reopened”, i.e., there has not been a reopening and a closure and then the request for a transfer is made.','you have a claim that meets these criteria, you can request 25-a relief, even if the qualifying claim for benefits was made in the past – i.e. you received a bill for medical treatment a year ago which when received, met the time thresholds described above you can request that liability be shifted as long as the claim can be still be considered “reopened”, i.e., there has not been a reopening and a closure and then the request for a transfer is made.',0,'2022-04-04 21:55:18','2022-04-04 21:55:18'),(397,46551,46502,'medical treatment','There must be a claim for benefits after the requisite time has elapsed either for medical treatment or lost wages','There must be a claim for benefits after the requisite time has elapsed either for <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2014/11/non-acute-pain-medical-treatment-guidelines-offer-a-framework-for-controlling-costs-associated-with-chronic-pain-management-especially-opioid-use/\">medical treatment</a> or lost wages','There must be a claim for benefits after the requisite time has elapsed either for medical treatment or lost wages','There mere lapse of time is not sufficient. There must be a claim for benefits after the requisite time has elapsed either for medical treatment or lost wages.','<strong>There must be a claim for benefits after the requisite time period has lapsed.</strong> There mere lapse of time is not sufficient. There must be a claim for benefits after the requisite time has elapsed either for medical treatment or lost wages.',0,'2022-04-04 21:55:18','2022-04-04 21:55:18'),(398,46551,46502,'medical treatment','you received a bill for medical treatment a year ago which when received, met the time thresholds described above you can request that liability be shifted as long as the claim can be still be considered “reopened”, i.e., there has not been a reopening and a closure and then the request for a transfer is made','you received a bill for <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2014/11/non-acute-pain-medical-treatment-guidelines-offer-a-framework-for-controlling-costs-associated-with-chronic-pain-management-especially-opioid-use/\">medical treatment</a> a year ago which when received, met the time thresholds described above you can request that liability be shifted as long as the claim can be still be considered “reopened”, i.e., there has not been a reopening and a closure and then the request for a transfer is made','you received a bill for medical treatment a year ago which when received, met the time thresholds described above you can request that liability be shifted as long as the claim can be still be considered “reopened”, i.e., there has not been a reopening and a closure and then the request for a transfer is made','If you have a claim that meets these criteria, you can request 25-a relief, even if the qualifying claim for benefits was made in the past – i.e. you received a bill for medical treatment a year ago which when received, met the time thresholds described above you can request that liability be shifted as long as the claim can be still be considered “reopened”, i.e., there has not been a reopening and a closure and then the request for a transfer is made.','you have a claim that meets these criteria, you can request 25-a relief, even if the qualifying claim for benefits was made in the past – i.e. you received a bill for medical treatment a year ago which when received, met the time thresholds described above you can request that liability be shifted as long as the claim can be still be considered “reopened”, i.e., there has not been a reopening and a closure and then the request for a transfer is made.',0,'2022-04-04 21:55:18','2022-04-04 21:55:18'),(399,46551,46503,'medical treatment','There must be a claim for benefits after the requisite time has elapsed either for medical treatment or lost wages','There must be a claim for benefits after the requisite time has elapsed either for <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2014/11/in-kigin-v-wcb-the-court-of-appeals-upholds-the-presumption-that-treatment-outside-the-mtgs-is-not-medically-necessary-and-the-attending-physician-has-the-burden-of-proof-of-the-need-for-a-variance/\">medical treatment</a> or lost wages','There must be a claim for benefits after the requisite time has elapsed either for medical treatment or lost wages','There mere lapse of time is not sufficient. There must be a claim for benefits after the requisite time has elapsed either for medical treatment or lost wages.','<strong>There must be a claim for benefits after the requisite time period has lapsed.</strong> There mere lapse of time is not sufficient. There must be a claim for benefits after the requisite time has elapsed either for medical treatment or lost wages.',0,'2022-04-04 21:55:18','2022-04-04 21:55:18'),(400,46551,46503,'medical treatment','you received a bill for medical treatment a year ago which when received, met the time thresholds described above you can request that liability be shifted as long as the claim can be still be considered “reopened”, i.e., there has not been a reopening and a closure and then the request for a transfer is made','you received a bill for <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2014/11/in-kigin-v-wcb-the-court-of-appeals-upholds-the-presumption-that-treatment-outside-the-mtgs-is-not-medically-necessary-and-the-attending-physician-has-the-burden-of-proof-of-the-need-for-a-variance/\">medical treatment</a> a year ago which when received, met the time thresholds described above you can request that liability be shifted as long as the claim can be still be considered “reopened”, i.e., there has not been a reopening and a closure and then the request for a transfer is made','you received a bill for medical treatment a year ago which when received, met the time thresholds described above you can request that liability be shifted as long as the claim can be still be considered “reopened”, i.e., there has not been a reopening and a closure and then the request for a transfer is made','If you have a claim that meets these criteria, you can request 25-a relief, even if the qualifying claim for benefits was made in the past – i.e. you received a bill for medical treatment a year ago which when received, met the time thresholds described above you can request that liability be shifted as long as the claim can be still be considered “reopened”, i.e., there has not been a reopening and a closure and then the request for a transfer is made.','you have a claim that meets these criteria, you can request 25-a relief, even if the qualifying claim for benefits was made in the past – i.e. you received a bill for medical treatment a year ago which when received, met the time thresholds described above you can request that liability be shifted as long as the claim can be still be considered “reopened”, i.e., there has not been a reopening and a closure and then the request for a transfer is made.',0,'2022-04-04 21:55:18','2022-04-04 21:55:18'),(401,46551,46506,'medical treatment','There must be a claim for benefits after the requisite time has elapsed either for medical treatment or lost wages','There must be a claim for benefits after the requisite time has elapsed either for <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2014/09/navigating-the-low-back-medical-treatment-guidelines-for-chiropractic-care/\">medical treatment</a> or lost wages','There must be a claim for benefits after the requisite time has elapsed either for medical treatment or lost wages','There mere lapse of time is not sufficient. There must be a claim for benefits after the requisite time has elapsed either for medical treatment or lost wages.','<strong>There must be a claim for benefits after the requisite time period has lapsed.</strong> There mere lapse of time is not sufficient. There must be a claim for benefits after the requisite time has elapsed either for medical treatment or lost wages.',0,'2022-04-04 21:55:18','2022-04-04 21:55:18'),(402,46551,46506,'medical treatment','you received a bill for medical treatment a year ago which when received, met the time thresholds described above you can request that liability be shifted as long as the claim can be still be considered “reopened”, i.e., there has not been a reopening and a closure and then the request for a transfer is made','you received a bill for <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2014/09/navigating-the-low-back-medical-treatment-guidelines-for-chiropractic-care/\">medical treatment</a> a year ago which when received, met the time thresholds described above you can request that liability be shifted as long as the claim can be still be considered “reopened”, i.e., there has not been a reopening and a closure and then the request for a transfer is made','you received a bill for medical treatment a year ago which when received, met the time thresholds described above you can request that liability be shifted as long as the claim can be still be considered “reopened”, i.e., there has not been a reopening and a closure and then the request for a transfer is made','If you have a claim that meets these criteria, you can request 25-a relief, even if the qualifying claim for benefits was made in the past – i.e. you received a bill for medical treatment a year ago which when received, met the time thresholds described above you can request that liability be shifted as long as the claim can be still be considered “reopened”, i.e., there has not been a reopening and a closure and then the request for a transfer is made.','you have a claim that meets these criteria, you can request 25-a relief, even if the qualifying claim for benefits was made in the past – i.e. you received a bill for medical treatment a year ago which when received, met the time thresholds described above you can request that liability be shifted as long as the claim can be still be considered “reopened”, i.e., there has not been a reopening and a closure and then the request for a transfer is made.',0,'2022-04-04 21:55:18','2022-04-04 21:55:18'),(403,46551,46543,'medical treatment','There must be a claim for benefits after the requisite time has elapsed either for medical treatment or lost wages','There must be a claim for benefits after the requisite time has elapsed either for <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/07/did-you-know-the-third-department-holds-that-medical-treatment-which-is-not-specifically-included-in-the-mtg-is-presumptively-not-medically-necessary/\">medical treatment</a> or lost wages','There must be a claim for benefits after the requisite time has elapsed either for medical treatment or lost wages','There mere lapse of time is not sufficient. There must be a claim for benefits after the requisite time has elapsed either for medical treatment or lost wages.','<strong>There must be a claim for benefits after the requisite time period has lapsed.</strong> There mere lapse of time is not sufficient. There must be a claim for benefits after the requisite time has elapsed either for medical treatment or lost wages.',0,'2022-04-04 21:55:18','2022-04-04 21:55:18'),(404,46551,46543,'medical treatment','you received a bill for medical treatment a year ago which when received, met the time thresholds described above you can request that liability be shifted as long as the claim can be still be considered “reopened”, i.e., there has not been a reopening and a closure and then the request for a transfer is made','you received a bill for <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/07/did-you-know-the-third-department-holds-that-medical-treatment-which-is-not-specifically-included-in-the-mtg-is-presumptively-not-medically-necessary/\">medical treatment</a> a year ago which when received, met the time thresholds described above you can request that liability be shifted as long as the claim can be still be considered “reopened”, i.e., there has not been a reopening and a closure and then the request for a transfer is made','you received a bill for medical treatment a year ago which when received, met the time thresholds described above you can request that liability be shifted as long as the claim can be still be considered “reopened”, i.e., there has not been a reopening and a closure and then the request for a transfer is made','If you have a claim that meets these criteria, you can request 25-a relief, even if the qualifying claim for benefits was made in the past – i.e. you received a bill for medical treatment a year ago which when received, met the time thresholds described above you can request that liability be shifted as long as the claim can be still be considered “reopened”, i.e., there has not been a reopening and a closure and then the request for a transfer is made.','you have a claim that meets these criteria, you can request 25-a relief, even if the qualifying claim for benefits was made in the past – i.e. you received a bill for medical treatment a year ago which when received, met the time thresholds described above you can request that liability be shifted as long as the claim can be still be considered “reopened”, i.e., there has not been a reopening and a closure and then the request for a transfer is made.',0,'2022-04-04 21:55:18','2022-04-04 21:55:18'),(405,46551,46340,'medical evidence','This is another legal argument – there can be no submissions within 7 or 3 which should have led to a “reopening” such as a surgical request or medical evidence of lost time among other things','This is another legal argument – there can be no submissions within 7 or 3 which should have led to a “reopening” such as a surgical request or <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/07/pain-is-not-enough-for-prima-facie-medical-evidence/\">medical evidence</a> of lost time among other things','This is another legal argument – there can be no submissions within 7 or 3 which should have led to a “reopening” such as a surgical request or medical evidence of lost time among other things','This is another legal argument – there can be no submissions within 7 or 3 which should have led to a “reopening” such as a surgical request or medical evidence of lost time among other things.','This is another legal argument – there can be no submissions within 7 or 3 which should have led to a “reopening” such as a surgical request or medical evidence of lost time among other things.',0,'2022-04-04 21:55:18','2022-04-04 21:55:18'),(406,46388,46371,'– rare because the claimant','Claimant, a seasonal summer worker with the Town’s Highway Department was, apparently, injured while lifting wheelbarrow loads of asphalt and suffered a “rare” rotator cuff tear – rare because the claimant is a young, healthy male','Claimant, a seasonal summer worker with the Town’s Highway Department was, apparently, injured while lifting wheelbarrow loads of asphalt and suffered a “rare” rotator cuff tear <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">– rare because the claimant</a> is a young, healthy male','Claimant, a seasonal summer worker with the Town’s Highway Department was, apparently, injured while lifting wheelbarrow loads of asphalt and suffered a “rare” rotator cuff tear – rare because the claimant is a young, healthy male','Claimant, a seasonal summer worker with the Town’s Highway Department was, apparently, injured while lifting wheelbarrow loads of asphalt and suffered a “rare” rotator cuff tear – rare because the claimant is a young, healthy male.  The claimant treated for this condition, but never reported it to the employer, and even lost time from his employment; and when presenting his doctor’s excuse, did not inform the Town his lost time was related to a work-injury. ','Claimant, a seasonal summer worker with the Town’s Highway Department was, apparently, injured while lifting wheelbarrow loads of asphalt and suffered a “rare” rotator cuff tear – rare because the claimant is a young, healthy male.',0,'2022-04-04 21:55:19','2022-04-04 21:55:19'),(407,46388,46374,'– rare because the claimant','Claimant, a seasonal summer worker with the Town’s Highway Department was, apparently, injured while lifting wheelbarrow loads of asphalt and suffered a “rare” rotator cuff tear – rare because the claimant is a young, healthy male','Claimant, a seasonal summer worker with the Town’s Highway Department was, apparently, injured while lifting wheelbarrow loads of asphalt and suffered a “rare” rotator cuff tear <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/doubling-down-2-hearing-loss-claims-for-the-same-claimant-denied-on-the-same-day/\">– rare because the claimant</a> is a young, healthy male','Claimant, a seasonal summer worker with the Town’s Highway Department was, apparently, injured while lifting wheelbarrow loads of asphalt and suffered a “rare” rotator cuff tear – rare because the claimant is a young, healthy male','Claimant, a seasonal summer worker with the Town’s Highway Department was, apparently, injured while lifting wheelbarrow loads of asphalt and suffered a “rare” rotator cuff tear – rare because the claimant is a young, healthy male.  The claimant treated for this condition, but never reported it to the employer, and even lost time from his employment; and when presenting his doctor’s excuse, did not inform the Town his lost time was related to a work-injury. ','Claimant, a seasonal summer worker with the Town’s Highway Department was, apparently, injured while lifting wheelbarrow loads of asphalt and suffered a “rare” rotator cuff tear – rare because the claimant is a young, healthy male.',0,'2022-04-04 21:55:19','2022-04-04 21:55:19'),(408,46388,46372,'claimant treated for this condition,','The claimant treated for this condition, but never reported it to the employer, and even lost time from his employment; and when presenting his doctor’s excuse, did not inform the Town his lost time was related to a work-injury','The <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/how-change-in-conditions-for-classified-claimants-changed-drastically/\">claimant treated for this condition,</a> but never reported it to the employer, and even lost time from his employment; and when presenting his doctor’s excuse, did not inform the Town his lost time was related to a work-injury','The claimant treated for this condition, but never reported it to the employer, and even lost time from his employment; and when presenting his doctor’s excuse, did not inform the Town his lost time was related to a work-injury','Claimant, a seasonal summer worker with the Town’s Highway Department was, apparently, injured while lifting wheelbarrow loads of asphalt and suffered a “rare” rotator cuff tear – rare because the claimant is a young, healthy male.  The claimant treated for this condition, but never reported it to the employer, and even lost time from his employment; and when presenting his doctor’s excuse, did not inform the Town his lost time was related to a work-injury.  Whether the lost time and treatment were, in fact, related to the claimant’s employment could be debated, but the claimant took the position at trial that it was related. ','the Town’s Highway Department was, apparently, injured while lifting wheelbarrow loads of asphalt and suffered a “rare” rotator cuff tear – rare because the claimant is a young, healthy male.  The claimant treated for this condition, but never reported it to the employer, and even lost time from his employment; and when presenting his doctor’s excuse, did not inform the Town his lost time was related to a work-injury.  Whether the lost time and treatment were, in fact, related to the claimant’s employment could be debated, but the claimant took the position at trial that it was related.  The claimant also sought to prove that, although the condition had allegedly resolved, and then resurfaced months later during a game of basketball with friends, his injury was in the nature of an occupational disease, thus smoothing over the various breaks in temporal causation, and curing a potentially fatal notice defect as the claimant did not notify the Town of his work related injury',0,'2022-04-04 21:55:19','2022-04-04 21:55:19'),(409,46388,46348,'occupational disease,','The claimant also sought to prove that, although the condition had allegedly resolved, and then resurfaced months later during a game of basketball with friends, his injury was in the nature of an occupational disease, thus smoothing over the various breaks in temporal causation, and curing a potentially fatal notice defect as the claimant did not notify the Town of his work related injury until at least seven months after the accident occurred, when he filed his C-3 with the Workers’ Compensation Board','The claimant also sought to prove that, although the condition had allegedly resolved, and then resurfaced months later during a game of basketball with friends, his injury was in the nature of an <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/04/section-44-not-even-a-portion-of-liability-for-the-occupational-disease/\">occupational disease,</a> thus smoothing over the various breaks in temporal causation, and curing a potentially fatal notice defect as the claimant did not notify the Town of his work related injury until at least seven months after the accident occurred, when he filed his C-3 with the Workers’ Compensation Board','The claimant also sought to prove that, although the condition had allegedly resolved, and then resurfaced months later during a game of basketball with friends, his injury was in the nature of an occupational disease, thus smoothing over the various breaks in temporal causation, and curing a potentially fatal notice defect as the claimant did not notify the Town of his work related injury until at least seven months after the accident occurred, when he filed his C-3 with the Workers’ Compensation Board','Whether the lost time and treatment were, in fact, related to the claimant’s employment could be debated, but the claimant took the position at trial that it was related.  The claimant also sought to prove that, although the condition had allegedly resolved, and then resurfaced months later during a game of basketball with friends, his injury was in the nature of an occupational disease, thus smoothing over the various breaks in temporal causation, and curing a potentially fatal notice defect as the claimant did not notify the Town of his work related injury until at least seven months after the accident occurred, when he filed his C-3 with the Workers’ Compensation Board.  This litigation strategy was certainly thoughtful, but it was equally transparent where the claimant’s own physician could not clearly ascribe causation to a disease process, or even repetitive stress when under intense cross-examination.','the Town’s Highway Department was, apparently, injured while lifting wheelbarrow loads of asphalt and suffered a “rare” rotator cuff tear – rare because the claimant is a young, healthy male.  The claimant treated for this condition, but never reported it to the employer, and even lost time from his employment; and when presenting his doctor’s excuse, did not inform the Town his lost time was related to a work-injury.  Whether the lost time and treatment were, in fact, related to the claimant’s employment could be debated, but the claimant took the position at trial that it was related.  The claimant also sought to prove that, although the condition had allegedly resolved, and then resurfaced months later during a game of basketball with friends, his injury was in the nature of an occupational disease, thus smoothing over the various breaks in temporal causation, and curing a potentially fatal notice defect as the claimant did not notify the Town of his work related injury until at least seven months after the accident occurred, when he filed his C-3 with the Workers’ Compensation Board.',0,'2022-04-04 21:55:19','2022-04-04 21:55:19'),(410,46388,46348,'occupational disease,','The Third Department, the first Court to actually articulate any analysis on the question of “accident versus OD” agreed with the Town that the claimant’s effort to characterize the claim as an OD was not supported by the record, and that the injuries sustained by the claimant, even assuming they were the result of work activity, supported the conclusion that they were not the result of a disease process, or even repetitive stress, and could not be characterized as an occupational disease, but rather the result of an obvious accident','The Third Department, the first Court to actually articulate any analysis on the question of “accident versus OD” agreed with the Town that the claimant’s effort to characterize the claim as an OD was not supported by the record, and that the injuries sustained by the claimant, even assuming they were the result of work activity, supported the conclusion that they were not the result of a disease process, or even repetitive stress, and could not be characterized as an <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/04/section-44-not-even-a-portion-of-liability-for-the-occupational-disease/\">occupational disease,</a> but rather the result of an obvious accident','The Third Department, the first Court to actually articulate any analysis on the question of “accident versus OD” agreed with the Town that the claimant’s effort to characterize the claim as an OD was not supported by the record, and that the injuries sustained by the claimant, even assuming they were the result of work activity, supported the conclusion that they were not the result of a disease process, or even repetitive stress, and could not be characterized as an occupational disease, but rather the result of an obvious accident','The Third Department, the first Court to actually articulate any analysis on the question of “accident versus OD” agreed with the Town that the claimant’s effort to characterize the claim as an OD was not supported by the record, and that the injuries sustained by the claimant, even assuming they were the result of work activity, supported the conclusion that they were not the result of a disease process, or even repetitive stress, and could not be characterized as an occupational disease, but rather the result of an obvious accident.','the Town’s Highway Department was, apparently, injured while lifting wheelbarrow loads of asphalt and suffered a “rare” rotator cuff tear – rare because the claimant is a young, healthy male.  The claimant treated for this condition, but never reported it to the employer, and even lost time from his employment; and when presenting his doctor’s excuse, did not inform the Town his lost time was related to a work-injury.  Whether the lost time and treatment were, in fact, related to the claimant’s employment could be debated, but the claimant took the position at trial that it was related.  The claimant also sought to prove that, although the condition had allegedly resolved, and then resurfaced months later during a game of basketball with friends, his injury was in the nature of an occupational disease, thus smoothing over the various breaks in temporal causation, and curing a potentially fatal notice defect as the claimant did not notify the Town of his work related injury until at least seven months after the accident',0,'2022-04-04 21:55:19','2022-04-04 21:55:19'),(411,46388,46370,'occupational disease,','The claimant also sought to prove that, although the condition had allegedly resolved, and then resurfaced months later during a game of basketball with friends, his injury was in the nature of an occupational disease, thus smoothing over the various breaks in temporal causation, and curing a potentially fatal notice defect as the claimant did not notify the Town of his work related injury until at least seven months after the accident occurred, when he filed his C-3 with the Workers’ Compensation Board','The claimant also sought to prove that, although the condition had allegedly resolved, and then resurfaced months later during a game of basketball with friends, his injury was in the nature of an <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/02/occupational-disease-claims-after-matter-of-pinnacle-industries-ii-llc-2019-ny-wrk-comp-g2020587/\">occupational disease,</a> thus smoothing over the various breaks in temporal causation, and curing a potentially fatal notice defect as the claimant did not notify the Town of his work related injury until at least seven months after the accident occurred, when he filed his C-3 with the Workers’ Compensation Board','The claimant also sought to prove that, although the condition had allegedly resolved, and then resurfaced months later during a game of basketball with friends, his injury was in the nature of an occupational disease, thus smoothing over the various breaks in temporal causation, and curing a potentially fatal notice defect as the claimant did not notify the Town of his work related injury until at least seven months after the accident occurred, when he filed his C-3 with the Workers’ Compensation Board','Whether the lost time and treatment were, in fact, related to the claimant’s employment could be debated, but the claimant took the position at trial that it was related.  The claimant also sought to prove that, although the condition had allegedly resolved, and then resurfaced months later during a game of basketball with friends, his injury was in the nature of an occupational disease, thus smoothing over the various breaks in temporal causation, and curing a potentially fatal notice defect as the claimant did not notify the Town of his work related injury until at least seven months after the accident occurred, when he filed his C-3 with the Workers’ Compensation Board.  This litigation strategy was certainly thoughtful, but it was equally transparent where the claimant’s own physician could not clearly ascribe causation to a disease process, or even repetitive stress when under intense cross-examination.','the Town’s Highway Department was, apparently, injured while lifting wheelbarrow loads of asphalt and suffered a “rare” rotator cuff tear – rare because the claimant is a young, healthy male.  The claimant treated for this condition, but never reported it to the employer, and even lost time from his employment; and when presenting his doctor’s excuse, did not inform the Town his lost time was related to a work-injury.  Whether the lost time and treatment were, in fact, related to the claimant’s employment could be debated, but the claimant took the position at trial that it was related.  The claimant also sought to prove that, although the condition had allegedly resolved, and then resurfaced months later during a game of basketball with friends, his injury was in the nature of an occupational disease, thus smoothing over the various breaks in temporal causation, and curing a potentially fatal notice defect as the claimant did not notify the Town of his work related injury until at least seven months after the accident occurred, when he filed his C-3 with the Workers’ Compensation Board.',0,'2022-04-04 21:55:19','2022-04-04 21:55:19'),(412,46388,46370,'occupational disease,','The Third Department, the first Court to actually articulate any analysis on the question of “accident versus OD” agreed with the Town that the claimant’s effort to characterize the claim as an OD was not supported by the record, and that the injuries sustained by the claimant, even assuming they were the result of work activity, supported the conclusion that they were not the result of a disease process, or even repetitive stress, and could not be characterized as an occupational disease, but rather the result of an obvious accident','The Third Department, the first Court to actually articulate any analysis on the question of “accident versus OD” agreed with the Town that the claimant’s effort to characterize the claim as an OD was not supported by the record, and that the injuries sustained by the claimant, even assuming they were the result of work activity, supported the conclusion that they were not the result of a disease process, or even repetitive stress, and could not be characterized as an <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/02/occupational-disease-claims-after-matter-of-pinnacle-industries-ii-llc-2019-ny-wrk-comp-g2020587/\">occupational disease,</a> but rather the result of an obvious accident','The Third Department, the first Court to actually articulate any analysis on the question of “accident versus OD” agreed with the Town that the claimant’s effort to characterize the claim as an OD was not supported by the record, and that the injuries sustained by the claimant, even assuming they were the result of work activity, supported the conclusion that they were not the result of a disease process, or even repetitive stress, and could not be characterized as an occupational disease, but rather the result of an obvious accident','The Third Department, the first Court to actually articulate any analysis on the question of “accident versus OD” agreed with the Town that the claimant’s effort to characterize the claim as an OD was not supported by the record, and that the injuries sustained by the claimant, even assuming they were the result of work activity, supported the conclusion that they were not the result of a disease process, or even repetitive stress, and could not be characterized as an occupational disease, but rather the result of an obvious accident.','the Town’s Highway Department was, apparently, injured while lifting wheelbarrow loads of asphalt and suffered a “rare” rotator cuff tear – rare because the claimant is a young, healthy male.  The claimant treated for this condition, but never reported it to the employer, and even lost time from his employment; and when presenting his doctor’s excuse, did not inform the Town his lost time was related to a work-injury.  Whether the lost time and treatment were, in fact, related to the claimant’s employment could be debated, but the claimant took the position at trial that it was related.  The claimant also sought to prove that, although the condition had allegedly resolved, and then resurfaced months later during a game of basketball with friends, his injury was in the nature of an occupational disease, thus smoothing over the various breaks in temporal causation, and curing a potentially fatal notice defect as the claimant did not notify the Town of his work related injury until at least seven months after the accident',0,'2022-04-04 21:55:19','2022-04-04 21:55:19'),(413,46388,46549,'consider the Town’s argument that the claimant','The WCLJ, and Board, bit at this quite obvious charade, and in both decisions rendered by the Board demonstrated that they didn’t even bother to consider the Town’s argument that the claimant, having reported the case as an accident on his C-3, described an accident to his physician, and testified under oath to a specific happening – and accident','The WCLJ, and Board, bit at this quite obvious charade, and in both decisions rendered by the Board demonstrated that they didn’t even bother to <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/04/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/\">consider the Town’s argument that the claimant</a>, having reported the case as an accident on his C-3, described an accident to his physician, and testified under oath to a specific happening – and accident','The WCLJ, and Board, bit at this quite obvious charade, and in both decisions rendered by the Board demonstrated that they didn’t even bother to consider the Town’s argument that the claimant, having reported the case as an accident on his C-3, described an accident to his physician, and testified under oath to a specific happening – and accident','The WCLJ, and Board, bit at this quite obvious charade, and in both decisions rendered by the Board demonstrated that they didn’t even bother to consider the Town’s argument that the claimant, having reported the case as an accident on his C-3, described an accident to his physician, and testified under oath to a specific happening – and accident.','The WCLJ, and Board, bit at this quite obvious charade, and in both decisions rendered by the Board demonstrated that they didn’t even bother to consider the Town’s argument that the claimant, having reported the case as an accident on his C-3, described an accident to his physician, and testified under oath to a specific happening – and accident.',0,'2022-04-04 21:55:19','2022-04-04 21:55:19'),(414,46388,46561,'consider the Town’s argument that the claimant','The WCLJ, and Board, bit at this quite obvious charade, and in both decisions rendered by the Board demonstrated that they didn’t even bother to consider the Town’s argument that the claimant, having reported the case as an accident on his C-3, described an accident to his physician, and testified under oath to a specific happening – and accident','The WCLJ, and Board, bit at this quite obvious charade, and in both decisions rendered by the Board demonstrated that they didn’t even bother to <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/01/did-you-know-facebook-pages-are-not-considered-surveillance-that-has-to-be-disclosed-before-a-claimant-testifies/\">consider the Town’s argument that the claimant</a>, having reported the case as an accident on his C-3, described an accident to his physician, and testified under oath to a specific happening – and accident','The WCLJ, and Board, bit at this quite obvious charade, and in both decisions rendered by the Board demonstrated that they didn’t even bother to consider the Town’s argument that the claimant, having reported the case as an accident on his C-3, described an accident to his physician, and testified under oath to a specific happening – and accident','The WCLJ, and Board, bit at this quite obvious charade, and in both decisions rendered by the Board demonstrated that they didn’t even bother to consider the Town’s argument that the claimant, having reported the case as an accident on his C-3, described an accident to his physician, and testified under oath to a specific happening – and accident.','The WCLJ, and Board, bit at this quite obvious charade, and in both decisions rendered by the Board demonstrated that they didn’t even bother to consider the Town’s argument that the claimant, having reported the case as an accident on his C-3, described an accident to his physician, and testified under oath to a specific happening – and accident.',0,'2022-04-04 21:55:19','2022-04-04 21:55:19'),(415,46388,46376,'win the day','It was a long haul, but dogged determination and confidence between client and counsel can win the day','It was a long haul, but dogged determination and confidence between client and counsel can <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2020/07/another-win-for-the-law-offices-of-melissa-a-day/\">win the day</a>','It was a long haul, but dogged determination and confidence between client and counsel can win the day','It was a long haul, but dogged determination and confidence between client and counsel can win the day.  It ','It was a long haul, but dogged determination and confidence between client and counsel can win the day.  It  is worth noting as a practice point that under the WCL, the Board is obligated to reimburse employers/carriers/SIEs for claims that are, like this one,  established by the Board, but later quashed by higher judicial review since WCL Sec. 23 does not permit a stay on benefits during the pendency of an appeal to the Third Department.   Closing this post, we wonder how many poor decisions rendered by the WCB, decisions begging for higher appellate review, go un-appealed to the Third Department, owing to the time and cost involved.  How many of these poor decisions, by virtue of remaining unchallenged, and thus wrongly reinforced as “settled precedent.”',0,'2022-04-04 21:55:19','2022-04-04 21:55:19'),(416,46388,46377,'win the day','It was a long haul, but dogged determination and confidence between client and counsel can win the day','It was a long haul, but dogged determination and confidence between client and counsel can <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2020/07/a-win-for-the-law-offices-of-melissa-a-day/\">win the day</a>','It was a long haul, but dogged determination and confidence between client and counsel can win the day','It was a long haul, but dogged determination and confidence between client and counsel can win the day.  It ','It was a long haul, but dogged determination and confidence between client and counsel can win the day.  It  is worth noting as a practice point that under the WCL, the Board is obligated to reimburse employers/carriers/SIEs for claims that are, like this one,  established by the Board, but later quashed by higher judicial review since WCL Sec. 23 does not permit a stay on benefits during the pendency of an appeal to the Third Department.   Closing this post, we wonder how many poor decisions rendered by the WCB, decisions begging for higher appellate review, go un-appealed to the Third Department, owing to the time and cost involved.  How many of these poor decisions, by virtue of remaining unchallenged, and thus wrongly reinforced as “settled precedent.”',0,'2022-04-04 21:55:19','2022-04-04 21:55:19'),(417,46344,46332,'causally related','The treating physician causally related the shoulder and elbow to the work accident, but also admitted on cross-examination that the injuries could also be caused by the claimant’s open heart surgery as the muscles involved in the shoulder injury align with the chest wall that had to be disturbed for the heart surgery','The treating physician <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/07/carpal-tunnel-and-causal-relation-not-always-so-clear-cut/\">causally related</a> the shoulder and elbow to the work accident, but also admitted on cross-examination that the injuries could also be caused by the claimant’s open heart surgery as the muscles involved in the shoulder injury align with the chest wall that had to be disturbed for the heart surgery','The treating physician causally related the shoulder and elbow to the work accident, but also admitted on cross-examination that the injuries could also be caused by the claimant’s open heart surgery as the muscles involved in the shoulder injury align with the chest wall that had to be disturbed for the heart surgery','Testimony of the claimant as well as the treating physician and IME consultant were conducted.  The treating physician causally related the shoulder and elbow to the work accident, but also admitted on cross-examination that the injuries could also be caused by the claimant’s open heart surgery as the muscles involved in the shoulder injury align with the chest wall that had to be disturbed for the heart surgery.  The Law Judge noted in a reserved decision that the claimant proceeded on the theory of consequential injuries and not direct injuries. ','the claimant as well as the treating physician and IME consultant were conducted.  The treating physician causally related the shoulder and elbow to the work accident, but also admitted on cross-examination that the injuries could also be caused by the claimant’s open heart surgery as the muscles involved in the shoulder injury align with the chest wall that had to be disturbed for the heart surgery.  The Law Judge noted in a reserved decision that the claimant proceeded on the theory of consequential injuries and not direct injuries.  The Judge noted that it was the claimant’s burden to establish a causal relationship of the consequential injury to the underlying injury and the work accident.  The Judge noted that the treating physician admitted that the injuries could have been caused by immobilization following heart surgery.',0,'2022-04-04 21:55:20','2022-04-04 21:55:20'),(418,46344,46350,'work accident,','The treating physician causally related the shoulder and elbow to the work accident, but also admitted on cross-examination that the injuries could also be caused by the claimant’s open heart surgery as the muscles involved in the shoulder injury align with the chest wall that had to be disturbed for the heart surgery','The treating physician causally related the shoulder and elbow to the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/03/when-do-work-from-home-accidents-occur-in-the-scope-and-course-of-employment/\">work accident,</a> but also admitted on cross-examination that the injuries could also be caused by the claimant’s open heart surgery as the muscles involved in the shoulder injury align with the chest wall that had to be disturbed for the heart surgery','The treating physician causally related the shoulder and elbow to the work accident, but also admitted on cross-examination that the injuries could also be caused by the claimant’s open heart surgery as the muscles involved in the shoulder injury align with the chest wall that had to be disturbed for the heart surgery','Testimony of the claimant as well as the treating physician and IME consultant were conducted.  The treating physician causally related the shoulder and elbow to the work accident, but also admitted on cross-examination that the injuries could also be caused by the claimant’s open heart surgery as the muscles involved in the shoulder injury align with the chest wall that had to be disturbed for the heart surgery.  The Law Judge noted in a reserved decision that the claimant proceeded on the theory of consequential injuries and not direct injuries. ','the claimant as well as the treating physician and IME consultant were conducted.  The treating physician causally related the shoulder and elbow to the work accident, but also admitted on cross-examination that the injuries could also be caused by the claimant’s open heart surgery as the muscles involved in the shoulder injury align with the chest wall that had to be disturbed for the heart surgery.  The Law Judge noted in a reserved decision that the claimant proceeded on the theory of consequential injuries and not direct injuries.  The Judge noted that it was the claimant’s burden to establish a causal relationship of the consequential injury to the underlying injury and the work accident.  The Judge noted that the treating physician admitted that the injuries could have been caused by immobilization following heart surgery.',0,'2022-04-04 21:55:20','2022-04-04 21:55:20'),(419,46344,46342,'disallowed the claim','Therefore, the Law Judge disallowed the claim for consequential injuries.','Therefore, the Law Judge <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/05/claim-disallowance-with-unanimous-medical-opinion-giving-causal-relationship/\">disallowed the claim</a> for consequential injuries.','Therefore, the Law Judge disallowed the claim for consequential injuries.','The Judge noted that it was the claimant’s burden to establish a causal relationship of the consequential injury to the underlying injury and the work accident.  The Judge noted that the treating physician admitted that the injuries could have been caused by immobilization following heart surgery.  Therefore, the Law Judge disallowed the claim for consequential injuries.','Therefore, the Law Judge disallowed the claim for consequential injuries.',0,'2022-04-04 21:55:20','2022-04-04 21:55:20'),(420,46327,46345,'social media','See also Matter of Aeropostale, 2012 NY Wrk Comp G0410425, wherein the Board Panel held that the carrier does not need to disclose the evidence from social media before questioning the claimant','<u>See also Matter of Aeropostale</u>, 2012 NY Wrk Comp G0410425, wherein the Board Panel held that the carrier does not need to disclose the evidence from <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/04/social-media-and-fraud-youd-be-surprised-what-people-post/\">social media</a> before questioning the claimant','<u>See also Matter of Aeropostale</u>, 2012 NY Wrk Comp G0410425, wherein the Board Panel held that the carrier does not need to disclose the evidence from social media before questioning the claimant','Tops Mkts., 107 AD3d 1231 (3d 2013). See also Matter of Aeropostale, 2012 NY Wrk Comp G0410425, wherein the Board Panel held that the carrier does not need to disclose the evidence from social media before questioning the claimant.','<u>See Matter of Moreilli v. Tops Mkts.</u>, 107 AD3d 1231 (3d 2013). <u>See also Matter of Aeropostale</u>, 2012 NY Wrk Comp G0410425, wherein the Board Panel held that the carrier does not need to disclose the evidence from social media before questioning the claimant.',0,'2022-04-04 23:08:08','2022-04-04 23:08:08'),(421,46327,46345,'social media','We were able to reduce the indemnity portion of the claim based upon the surveillance and social media reports, prior to the claim moving forward with fraud','We were able to reduce the indemnity portion of the claim based upon the surveillance and <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/04/social-media-and-fraud-youd-be-surprised-what-people-post/\">social media</a> reports, prior to the claim moving forward with fraud','We were able to reduce the indemnity portion of the claim based upon the surveillance and social media reports, prior to the claim moving forward with fraud','From there, we used an evidence based MSA to finalize the medical portion of the claim under the full and final Section 32 agreement. We were able to reduce the indemnity portion of the claim based upon the surveillance and social media reports, prior to the claim moving forward with fraud.','we used an evidence based MSA to finalize the medical portion of the claim under the full and final Section 32 agreement. We were able to reduce the indemnity portion of the claim based upon the surveillance and social media reports, prior to the claim moving forward with fraud.',0,'2022-04-04 23:08:08','2022-04-04 23:08:08'),(422,46327,46345,'social media','The use of surveillance and social media sweep has been increasingly useful','The use of surveillance and <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/04/social-media-and-fraud-youd-be-surprised-what-people-post/\">social media</a> sweep has been increasingly useful','The use of surveillance and social media sweep has been increasingly useful','The use of surveillance and social media sweep has been increasingly useful. Here at LOMAD, once we take the deep dive and determine the need for surveillance and/or a social media sweep, the results carry the Day.','The use of surveillance and social media sweep has been increasingly useful.',0,'2022-04-04 23:08:08','2022-04-04 23:08:08'),(423,46327,46345,'social media','Here at LOMAD, once we take the deep dive and determine the need for surveillance and/or a social media sweep, the results carry the Day.','Here at LOMAD, once we take the deep dive and determine the need for surveillance and/or a <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/04/social-media-and-fraud-youd-be-surprised-what-people-post/\">social media</a> sweep, the results carry the Day.','Here at LOMAD, once we take the deep dive and determine the need for surveillance and/or a social media sweep, the results carry the Day.','The use of surveillance and social media sweep has been increasingly useful. Here at LOMAD, once we take the deep dive and determine the need for surveillance and/or a social media sweep, the results carry the Day.','Here at LOMAD, once we take the deep dive and determine the need for surveillance and/or a social media sweep, the results carry the Day.',0,'2022-04-04 23:08:08','2022-04-04 23:08:08'),(424,46327,46549,'social media before questioning the claimant','See also Matter of Aeropostale, 2012 NY Wrk Comp G0410425, wherein the Board Panel held that the carrier does not need to disclose the evidence from social media before questioning the claimant','<u>See also Matter of Aeropostale</u>, 2012 NY Wrk Comp G0410425, wherein the Board Panel held that the carrier does not need to disclose the evidence from <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/04/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/\">social media before questioning the claimant</a>','<u>See also Matter of Aeropostale</u>, 2012 NY Wrk Comp G0410425, wherein the Board Panel held that the carrier does not need to disclose the evidence from social media before questioning the claimant','Tops Mkts., 107 AD3d 1231 (3d 2013). See also Matter of Aeropostale, 2012 NY Wrk Comp G0410425, wherein the Board Panel held that the carrier does not need to disclose the evidence from social media before questioning the claimant.','<u>See Matter of Moreilli v. Tops Mkts.</u>, 107 AD3d 1231 (3d 2013). <u>See also Matter of Aeropostale</u>, 2012 NY Wrk Comp G0410425, wherein the Board Panel held that the carrier does not need to disclose the evidence from social media before questioning the claimant.',0,'2022-04-04 23:08:08','2022-04-04 23:08:08'),(425,46327,46420,'– advising that they were interested in a section','Upon conclusion of the claim, we received a call from claimant’s counsel – advising that they were interested in a section 32 full and final agreement – as the claimant, fully admitted to activities that their attorney was not aware of','Upon conclusion of the claim, we received a call from claimant’s counsel <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2017/10/court-of-appeals-upholds-2013-amendment-to-section-25-a-marking-the-end-for-the-fund-for-reopened-cases/\">– advising that they were interested in a section</a> 32 full and final agreement – as the claimant, fully admitted to activities that their attorney was not aware of','Upon conclusion of the claim, we received a call from claimant’s counsel – advising that they were interested in a section 32 full and final agreement – as the claimant, fully admitted to activities that their attorney was not aware of','Upon conclusion of the claim, we received a call from claimant’s counsel – advising that they were interested in a section 32 full and final agreement – as the claimant, fully admitted to activities that their attorney was not aware of.','Upon conclusion of the claim, we received a call from claimant’s counsel – advising that they were interested in a section 32 full and final agreement – as the claimant, fully admitted to activities that their attorney was not aware of.',0,'2022-04-04 23:08:08','2022-04-04 23:08:08'),(426,46327,46340,'evidence based MSA to finalize the medical','From there, we used an evidence based MSA to finalize the medical portion of the claim under the full and final Section 32 agreement','From there, we used an <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/07/pain-is-not-enough-for-prima-facie-medical-evidence/\">evidence based MSA to finalize the medical</a> portion of the claim under the full and final Section 32 agreement','From there, we used an evidence based MSA to finalize the medical portion of the claim under the full and final Section 32 agreement','From there, we used an evidence based MSA to finalize the medical portion of the claim under the full and final Section 32 agreement. We were able to reduce the indemnity portion of the claim based upon the surveillance and social media reports, prior to the claim moving forward with fraud.','From there, we used an evidence based MSA to finalize the medical portion of the claim under the full and final Section 32 agreement.',0,'2022-04-04 23:08:08','2022-04-04 23:08:08'),(427,46327,46342,'medical portion of the claim','From there, we used an evidence based MSA to finalize the medical portion of the claim under the full and final Section 32 agreement','From there, we used an evidence based MSA to finalize the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/05/claim-disallowance-with-unanimous-medical-opinion-giving-causal-relationship/\">medical portion of the claim</a> under the full and final Section 32 agreement','From there, we used an evidence based MSA to finalize the medical portion of the claim under the full and final Section 32 agreement','From there, we used an evidence based MSA to finalize the medical portion of the claim under the full and final Section 32 agreement. We were able to reduce the indemnity portion of the claim based upon the surveillance and social media reports, prior to the claim moving forward with fraud.','From there, we used an evidence based MSA to finalize the medical portion of the claim under the full and final Section 32 agreement.',0,'2022-04-04 23:08:08','2022-04-04 23:08:08'),(428,46374,46342,'disallowing this claim','Borg Warner, Inc, 2020 NY Slip OP 04897 (2020) held that “even an opinion ‘that it was ‘highly possible’ that the injury was causally related to work, falls short of the reasonable probability that is required to establish a causal relationship between the claimant’s employment and his injury.’” Here, not only did the symptom presentation not conform with what the doctor would expect from a trauma, she couldn’t testify that the trauma was even a contributing factor, which led to the Workers’ Compensation Law Judge disallowing this claim as well','Borg Warner, Inc, 2020 NY Slip OP 04897 (2020) held that “even an opinion ‘that it was ‘highly possible’ that the injury was causally related to work, falls short of the reasonable probability that is required to establish a causal relationship between the claimant’s employment and his injury.’” Here, not only did the symptom presentation not conform with what the doctor would expect from a trauma, she couldn’t testify that the trauma was even a contributing factor, which led to the Workers’ Compensation Law Judge <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/05/claim-disallowance-with-unanimous-medical-opinion-giving-causal-relationship/\">disallowing this claim</a> as well','Borg Warner, Inc, 2020 NY Slip OP 04897 (2020) held that “even an opinion ‘that it was ‘highly possible’ that the injury was causally related to work, falls short of the reasonable probability that is required to establish a causal relationship between the claimant’s employment and his injury.’” Here, not only did the symptom presentation not conform with what the doctor would expect from a trauma, she couldn’t testify that the trauma was even a contributing factor, which led to the Workers’ Compensation Law Judge disallowing this claim as well','The 3rd Department in Johnson v. Borg Warner, Inc, 2020 NY Slip OP 04897 (2020) held that “even an opinion ‘that it was ‘highly possible’ that the injury was causally related to work, falls short of the reasonable probability that is required to establish a causal relationship between the claimant’s employment and his injury.’” Here, not only did the symptom presentation not conform with what the doctor would expect from a trauma, she couldn’t testify that the trauma was even a contributing factor, which led to the Workers’ Compensation Law Judge disallowing this claim as well.','Borg Warner, Inc, 2020 NY Slip OP 04897 (2020) held that “even an opinion ‘that it was ‘highly possible’ that the injury was causally related to work, falls short of the reasonable probability that is required to establish a causal relationship between the claimant’s employment and his injury.’” Here, not only did the symptom presentation not conform with what the doctor would expect from a trauma, she couldn’t testify that the trauma was even a contributing factor, which led to the Workers’ Compensation Law Judge disallowing this claim as well.',0,'2022-04-04 23:08:11','2022-04-04 23:08:11'),(429,46374,46338,'causal relationship','It’s cases like these which highlight that an Independent Medical Examination on causal relationship isn’t the end-all and be all of claims defense, and how clever cross-examination can be the key to success.','It’s cases like these which highlight that an Independent Medical Examination on <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/06/third-deparment-decision-disputing-causal-relationship/\">causal relationship</a> isn’t the end-all and be all of claims defense, and how clever cross-examination can be the key to success.','It’s cases like these which highlight that an Independent Medical Examination on causal relationship isn’t the end-all and be all of claims defense, and how clever cross-examination can be the key to success.','It’s cases like these which highlight that an Independent Medical Examination on causal relationship isn’t the end-all and be all of claims defense, and how clever cross-examination can be the key to success.','It’s cases like these which highlight that an Independent Medical Examination on causal relationship isn’t the end-all and be all of claims defense, and how clever cross-examination can be the key to success.',0,'2022-04-04 23:08:11','2022-04-04 23:08:11'),(430,46374,46344,'causal relationship','It’s cases like these which highlight that an Independent Medical Examination on causal relationship isn’t the end-all and be all of claims defense, and how clever cross-examination can be the key to success.','It’s cases like these which highlight that an Independent Medical Examination on <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/05/the-claimants-burden-proving-the-causal-relationship-of-an-injury/\">causal relationship</a> isn’t the end-all and be all of claims defense, and how clever cross-examination can be the key to success.','It’s cases like these which highlight that an Independent Medical Examination on causal relationship isn’t the end-all and be all of claims defense, and how clever cross-examination can be the key to success.','It’s cases like these which highlight that an Independent Medical Examination on causal relationship isn’t the end-all and be all of claims defense, and how clever cross-examination can be the key to success.','It’s cases like these which highlight that an Independent Medical Examination on causal relationship isn’t the end-all and be all of claims defense, and how clever cross-examination can be the key to success.',0,'2022-04-04 23:08:11','2022-04-04 23:08:11'),(431,46374,46511,'claims defense,','It’s cases like these which highlight that an Independent Medical Examination on causal relationship isn’t the end-all and be all of claims defense, and how clever cross-examination can be the key to success.','It’s cases like these which highlight that an Independent Medical Examination on causal relationship isn’t the end-all and be all of <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/10/less-than-twelve-weeks-remaining-for-wcl-%c2%a725-a-because-subject-046-630-contains-stricter-requirements-for-reopening-a-claim-on-the-issue-of-%c2%a725-a-prudent-carriers-and-employers-may-want/\">claims defense,</a> and how clever cross-examination can be the key to success.','It’s cases like these which highlight that an Independent Medical Examination on causal relationship isn’t the end-all and be all of claims defense, and how clever cross-examination can be the key to success.','It’s cases like these which highlight that an Independent Medical Examination on causal relationship isn’t the end-all and be all of claims defense, and how clever cross-examination can be the key to success.','It’s cases like these which highlight that an Independent Medical Examination on causal relationship isn’t the end-all and be all of claims defense, and how clever cross-examination can be the key to success.',0,'2022-04-04 23:08:11','2022-04-04 23:08:11'),(432,46506,46374,'claimant in a workers’ compensation claim','The Guidelines specifically limit the amount, frequency, and treatment that can be provide to a claimant in a workers’ compensation claim and the procedure to follow when treatment falls outside the Guidelines','The Guidelines specifically limit the amount, frequency, and treatment that can be provide to a <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/01/doubling-down-2-hearing-loss-claims-for-the-same-claimant-denied-on-the-same-day/\">claimant in a workers’ compensation claim</a> and the procedure to follow when treatment falls outside the Guidelines','The Guidelines specifically limit the amount, frequency, and treatment that can be provide to a claimant in a workers’ compensation claim and the procedure to follow when treatment falls outside the Guidelines','§ 324. The Guidelines specifically limit the amount, frequency, and treatment that can be provide to a claimant in a workers’ compensation claim and the procedure to follow when treatment falls outside the Guidelines. 12 N.Y.C.R.R.','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 specifically limit the amount, frequency, and treatment that can be provide to a claimant in a workers’ compensation claim and the procedure to follow when treatment falls outside the Guidelines. 12 N.Y.C.R.R. § 324. Pursuant to the Guidelines a treatment provider, when it is determined that care which varies from the treatment guidelines',0,'2022-04-04 23:08:13','2022-04-04 23:08:13'),(433,46506,46421,'workers’ compensation claim','The Guidelines specifically limit the amount, frequency, and treatment that can be provide to a claimant in a workers’ compensation claim and the procedure to follow when treatment falls outside the Guidelines','The Guidelines specifically limit the amount, frequency, and treatment that can be provide to a claimant in a <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2017/10/how-to-avoid-bad-luck-in-your-comp-claims-this-friday-the-13th-some-basic-time-constraints-for-new-york-state-workers-compensation-claims-to-keep-in-mind/\">workers’ compensation claim</a> and the procedure to follow when treatment falls outside the Guidelines','The Guidelines specifically limit the amount, frequency, and treatment that can be provide to a claimant in a workers’ compensation claim and the procedure to follow when treatment falls outside the Guidelines','§ 324. The Guidelines specifically limit the amount, frequency, and treatment that can be provide to a claimant in a workers’ compensation claim and the procedure to follow when treatment falls outside the Guidelines. 12 N.Y.C.R.R.','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 specifically limit the amount, frequency, and treatment that can be provide to a claimant in a workers’ compensation claim and the procedure to follow when treatment falls outside the Guidelines. 12 N.Y.C.R.R. § 324. Pursuant to the Guidelines a treatment provider, when it is determined that care which varies from the treatment guidelines',0,'2022-04-04 23:08:13','2022-04-04 23:08:13'),(434,46506,46486,'workers’ compensation','The Guidelines specifically limit the amount, frequency, and treatment that can be provide to a claimant in a workers’ compensation claim and the procedure to follow when treatment falls outside the Guidelines','The Guidelines specifically limit the amount, frequency, and treatment that can be provide to a claimant in a <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/08/test-your-ny-workers-compensation-chops/\">workers’ compensation</a> claim and the procedure to follow when treatment falls outside the Guidelines','The Guidelines specifically limit the amount, frequency, and treatment that can be provide to a claimant in a workers’ compensation claim and the procedure to follow when treatment falls outside the Guidelines','§ 324. The Guidelines specifically limit the amount, frequency, and treatment that can be provide to a claimant in a workers’ compensation claim and the procedure to follow when treatment falls outside the Guidelines. 12 N.Y.C.R.R.','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 specifically limit the amount, frequency, and treatment that can be provide to a claimant in a workers’ compensation claim and the procedure to follow when treatment falls outside the Guidelines. 12 N.Y.C.R.R. § 324. Pursuant to the Guidelines a treatment provider, when it is determined that care which varies from the treatment guidelines',0,'2022-04-04 23:08:13','2022-04-04 23:08:13'),(435,46506,46512,'workers’ compensation','The Guidelines specifically limit the amount, frequency, and treatment that can be provide to a claimant in a workers’ compensation claim and the procedure to follow when treatment falls outside the Guidelines','The Guidelines specifically limit the amount, frequency, and treatment that can be provide to a claimant in a <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/09/board-process-re-engineering-bpr-ny-workers-compensation-forum-members-should-be-included-in-the-dialogue/\">workers’ compensation</a> claim and the procedure to follow when treatment falls outside the Guidelines','The Guidelines specifically limit the amount, frequency, and treatment that can be provide to a claimant in a workers’ compensation claim and the procedure to follow when treatment falls outside the Guidelines','§ 324. The Guidelines specifically limit the amount, frequency, and treatment that can be provide to a claimant in a workers’ compensation claim and the procedure to follow when treatment falls outside the Guidelines. 12 N.Y.C.R.R.','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 specifically limit the amount, frequency, and treatment that can be provide to a claimant in a workers’ compensation claim and the procedure to follow when treatment falls outside the Guidelines. 12 N.Y.C.R.R. § 324. Pursuant to the Guidelines a treatment provider, when it is determined that care which varies from the treatment guidelines',0,'2022-04-04 23:08:13','2022-04-04 23:08:13'),(436,46506,46555,'workers’ compensation','The Guidelines specifically limit the amount, frequency, and treatment that can be provide to a claimant in a workers’ compensation claim and the procedure to follow when treatment falls outside the Guidelines','The Guidelines specifically limit the amount, frequency, and treatment that can be provide to a claimant in a <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/02/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/\">workers’ compensation</a> claim and the procedure to follow when treatment falls outside the Guidelines','The Guidelines specifically limit the amount, frequency, and treatment that can be provide to a claimant in a workers’ compensation claim and the procedure to follow when treatment falls outside the Guidelines','§ 324. The Guidelines specifically limit the amount, frequency, and treatment that can be provide to a claimant in a workers’ compensation claim and the procedure to follow when treatment falls outside the Guidelines. 12 N.Y.C.R.R.','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 specifically limit the amount, frequency, and treatment that can be provide to a claimant in a workers’ compensation claim and the procedure to follow when treatment falls outside the Guidelines. 12 N.Y.C.R.R. § 324. Pursuant to the Guidelines a treatment provider, when it is determined that care which varies from the treatment guidelines',0,'2022-04-04 23:08:13','2022-04-04 23:08:13'),(437,46506,46503,'medical provider must indicate on the variance','To make the requisite demonstration the medical provider must indicate on the variance that:','To make the requisite demonstration the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/11/in-kigin-v-wcb-the-court-of-appeals-upholds-the-presumption-that-treatment-outside-the-mtgs-is-not-medically-necessary-and-the-attending-physician-has-the-burden-of-proof-of-the-need-for-a-variance/\">medical provider must indicate on the variance</a> that:','To make the requisite demonstration the medical provider must indicate on the variance that:','§ 324.3(a)(2) the Burden of Proof for demonstrating that the claimant requires the treatment rests with the treating medical provider. To make the requisite demonstration the medical provider must indicate on the variance that:','To make the requisite demonstration the medical provider must indicate on the variance that',0,'2022-04-04 23:08:13','2022-04-04 23:08:13'),(438,46506,46503,'variance for treatment','Pursuant to the Guidelines a treatment provider, when it is determined that care which varies from the treatment guidelines is appropriate and medically necessary for the claimant, must file a variance for treatment sought from the Carrier or Special Fund','Pursuant to the Guidelines a treatment provider, when it is determined that care which varies from the treatment guidelines is appropriate and medically necessary for the claimant, must file a <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/11/in-kigin-v-wcb-the-court-of-appeals-upholds-the-presumption-that-treatment-outside-the-mtgs-is-not-medically-necessary-and-the-attending-physician-has-the-burden-of-proof-of-the-need-for-a-variance/\">variance for treatment</a> sought from the Carrier or Special Fund','Pursuant to the Guidelines a treatment provider, when it is determined that care which varies from the treatment guidelines is appropriate and medically necessary for the claimant, must file a variance for treatment sought from the Carrier or Special Fund','§ 324. Pursuant to the Guidelines a treatment provider, when it is determined that care which varies from the treatment guidelines is appropriate and medically necessary for the claimant, must file a variance for treatment sought from the Carrier or Special Fund. 12 N.Y.C.R.R.','Pursuant to the Guidelines a treatment provider, when it is determined that care which varies from the treatment guidelines is appropriate and medically necessary for the claimant, must file a variance for treatment sought from the Carrier or Special Fund.',0,'2022-04-04 23:08:13','2022-04-04 23:08:13'),(439,46506,46546,'employer or insurance carrier','325-1.25, “the employer or insurance carrier shall not be obligated to pay for any medical care that is not within the criteria of the Medical Treatment Guidelines or is not based on correct application of the Medical Treatment Guidelines.” See, 12 N.Y.C.R.R','325-1.25, “the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/07/did-you-know-an-employer-or-carrier-may-be-able-to-reopen-a-ppd-claim-on-the-issue-of-labor-market-attachment/\">employer or insurance carrier</a> shall not be obligated to pay for any medical care that is not within the criteria of the Medical Treatment Guidelines or is not based on correct application of the Medical Treatment Guidelines.” See, 12 N.Y.C.R.R','325-1.25, “the employer or insurance carrier shall not be obligated to pay for any medical care that is not within the criteria of the Medical Treatment Guidelines or is not based on correct application of the Medical Treatment Guidelines.” See, 12 N.Y.C.R.R','Further pursuant to 12 N.Y.C.R.R. 325-1.25, “the employer or insurance carrier shall not be obligated to pay for any medical care that is not within the criteria of the Medical Treatment Guidelines or is not based on correct application of the Medical Treatment Guidelines.” See, 12 N.Y.C.R.R. 325-1.25.','325-1.25, “the employer or insurance carrier shall not be obligated to pay for any medical care that is not within the criteria of the Medical Treatment Guidelines or is not based on correct application of the Medical Treatment Guidelines.” See, 12 N.Y.C.R.R. 325-1.25.',0,'2022-04-04 23:08:13','2022-04-04 23:08:13'),(440,46506,46541,'insurance carrier','325-1.25, “the employer or insurance carrier shall not be obligated to pay for any medical care that is not within the criteria of the Medical Treatment Guidelines or is not based on correct application of the Medical Treatment Guidelines.” See, 12 N.Y.C.R.R','325-1.25, “the employer or <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/08/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/\">insurance carrier</a> shall not be obligated to pay for any medical care that is not within the criteria of the Medical Treatment Guidelines or is not based on correct application of the Medical Treatment Guidelines.” See, 12 N.Y.C.R.R','325-1.25, “the employer or insurance carrier shall not be obligated to pay for any medical care that is not within the criteria of the Medical Treatment Guidelines or is not based on correct application of the Medical Treatment Guidelines.” See, 12 N.Y.C.R.R','Further pursuant to 12 N.Y.C.R.R. 325-1.25, “the employer or insurance carrier shall not be obligated to pay for any medical care that is not within the criteria of the Medical Treatment Guidelines or is not based on correct application of the Medical Treatment Guidelines.” See, 12 N.Y.C.R.R. 325-1.25.','325-1.25, “the employer or insurance carrier shall not be obligated to pay for any medical care that is not within the criteria of the Medical Treatment Guidelines or is not based on correct application of the Medical Treatment Guidelines.” See, 12 N.Y.C.R.R. 325-1.25.',0,'2022-04-04 23:08:13','2022-04-04 23:08:13'),(441,46506,46422,'claimant requires the treatment rests with the treating medical','§ 324.3(a)(2) the Burden of Proof for demonstrating that the claimant requires the treatment rests with the treating medical provider','§ 324.3(a)(2) the Burden of Proof for demonstrating that the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2017/06/board-finds-that-medical-treatment-guidelines-apply-to-out-of-state-claimants/\">claimant requires the treatment rests with the treating medical</a> provider','§ 324.3(a)(2) the Burden of Proof for demonstrating that the claimant requires the treatment rests with the treating medical provider','Under 12 N.Y.C.R.R. § 324.3(a)(2) the Burden of Proof for demonstrating that the claimant requires the treatment rests with the treating medical provider. To make the requisite demonstration the medical provider must indicate on the variance that:','§ 324.3(a)(2) the Burden of Proof for demonstrating that the claimant requires the treatment rests with the treating medical provider. To make the requisite demonstration the medical provider',0,'2022-04-04 23:08:13','2022-04-04 23:08:13'),(442,46506,46422,'claimant agrees to the proposed medical','(b) a statement that the claimant agrees to the proposed medical care, and','(b) a statement that the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2017/06/board-finds-that-medical-treatment-guidelines-apply-to-out-of-state-claimants/\">claimant agrees to the proposed medical</a> care, and','(b) a statement that the claimant agrees to the proposed medical care, and','(b) a statement that the claimant agrees to the proposed medical care, and','b) a statement that the claimant agrees to the proposed medical care, and',0,'2022-04-04 23:08:13','2022-04-04 23:08:13'),(443,46506,46422,'claimant must be at maximum medical','Pursuant to § D.11 the claimant must be at maximum medical improvement and','Pursuant to § D.11 the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2017/06/board-finds-that-medical-treatment-guidelines-apply-to-out-of-state-claimants/\">claimant must be at maximum medical</a> improvement and','Pursuant to § D.11 the claimant must be at maximum medical improvement and','The requirements for satisfying the maintenance care program of spinal manipulation is delineated at § D.11. Pursuant to § D.11 the claimant must be at maximum medical improvement and','Pursuant to § D.11 the claimant must be at maximum medical improvement and',0,'2022-04-04 23:08:13','2022-04-04 23:08:13'),(444,46506,46502,'treatment of acute and sub-acute back pain','Manipulation is recommended for treatment of acute and sub-acute back pain when tied to objective measures of improvement','Manipulation is recommended for <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/11/non-acute-pain-medical-treatment-guidelines-offer-a-framework-for-controlling-costs-associated-with-chronic-pain-management-especially-opioid-use/\">treatment of acute and sub-acute back pain</a> when tied to objective measures of improvement','Manipulation is recommended for treatment of acute and sub-acute back pain when tied to objective measures of improvement','Manipulation is recommended for treatment of acute and sub-acute back pain when tied to objective measures of improvement.','Manipulation is recommended for treatment of acute and sub-acute back pain when tied to objective measures of improvement.',0,'2022-04-04 23:08:13','2022-04-04 23:08:13'),(445,46506,46502,'treatment rests with the treating medical','§ 324.3(a)(2) the Burden of Proof for demonstrating that the claimant requires the treatment rests with the treating medical provider','§ 324.3(a)(2) the Burden of Proof for demonstrating that the claimant requires the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/11/non-acute-pain-medical-treatment-guidelines-offer-a-framework-for-controlling-costs-associated-with-chronic-pain-management-especially-opioid-use/\">treatment rests with the treating medical</a> provider','§ 324.3(a)(2) the Burden of Proof for demonstrating that the claimant requires the treatment rests with the treating medical provider','Under 12 N.Y.C.R.R. § 324.3(a)(2) the Burden of Proof for demonstrating that the claimant requires the treatment rests with the treating medical provider. To make the requisite demonstration the medical provider must indicate on the variance that:','§ 324.3(a)(2) the Burden of Proof for demonstrating that the claimant requires the treatment rests with the treating medical provider. To make the requisite demonstration the medical provider',0,'2022-04-04 23:08:13','2022-04-04 23:08:13'),(446,46506,46543,'treatment rests with the treating medical','§ 324.3(a)(2) the Burden of Proof for demonstrating that the claimant requires the treatment rests with the treating medical provider','§ 324.3(a)(2) the Burden of Proof for demonstrating that the claimant requires the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/07/did-you-know-the-third-department-holds-that-medical-treatment-which-is-not-specifically-included-in-the-mtg-is-presumptively-not-medically-necessary/\">treatment rests with the treating medical</a> provider','§ 324.3(a)(2) the Burden of Proof for demonstrating that the claimant requires the treatment rests with the treating medical provider','Under 12 N.Y.C.R.R. § 324.3(a)(2) the Burden of Proof for demonstrating that the claimant requires the treatment rests with the treating medical provider. To make the requisite demonstration the medical provider must indicate on the variance that:','§ 324.3(a)(2) the Burden of Proof for demonstrating that the claimant requires the treatment rests with the treating medical provider. To make the requisite demonstration the medical provider',0,'2022-04-04 23:08:13','2022-04-04 23:08:13'),(447,46506,46482,'treatment of acute and sub-acute back pain','Manipulation is recommended for treatment of acute and sub-acute back pain when tied to objective measures of improvement','Manipulation is recommended for <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/08/non-acute-pain-treatment-guidelines/\">treatment of acute and sub-acute back pain</a> when tied to objective measures of improvement','Manipulation is recommended for treatment of acute and sub-acute back pain when tied to objective measures of improvement','Manipulation is recommended for treatment of acute and sub-acute back pain when tied to objective measures of improvement.','Manipulation is recommended for treatment of acute and sub-acute back pain when tied to objective measures of improvement.',0,'2022-04-04 23:08:13','2022-04-04 23:08:13'),(448,46506,46553,'claimant must be at maximum medical improvement','Pursuant to § D.11 the claimant must be at maximum medical improvement and','Pursuant to § D.11 the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/03/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/\">claimant must be at maximum medical improvement</a> and','Pursuant to § D.11 the claimant must be at maximum medical improvement and','The requirements for satisfying the maintenance care program of spinal manipulation is delineated at § D.11. Pursuant to § D.11 the claimant must be at maximum medical improvement and','Pursuant to § D.11 the claimant must be at maximum medical improvement and',0,'2022-04-04 23:08:13','2022-04-04 23:08:13'),(449,46506,46553,'functional improvement','Frequency: Up to 3 times per week for the first 4 weeks as indicated by the severity of involvement and the desired effect, then up to 2 treatments per week for the next 4 weeks with re-evaluation for evidence of functional improvement or need for further workup','Frequency: Up to 3 times per week for the first 4 weeks as indicated by the severity of involvement and the desired effect, then up to 2 treatments per week for the next 4 weeks with re-evaluation for evidence of <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/03/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/\">functional improvement</a> or need for further workup','Frequency: Up to 3 times per week for the first 4 weeks as indicated by the severity of involvement and the desired effect, then up to 2 treatments per week for the next 4 weeks with re-evaluation for evidence of functional improvement or need for further workup','Frequency: Up to 3 times per week for the first 4 weeks as indicated by the severity of involvement and the desired effect, then up to 2 treatments per week for the next 4 weeks with re-evaluation for evidence of functional improvement or need for further workup. Continuance of treatment will depend upon functional improvement.','Frequency: Up to 3 times per week for the first 4 weeks as indicated by the severity of involvement and the desired effect, then up to 2 treatments per week for the next 4 weeks with re-evaluation for evidence of functional improvement or need for further workup.',0,'2022-04-04 23:08:13','2022-04-04 23:08:13'),(450,46506,46342,'medical provider submits a medical opinion','Recent amendments to the Regulations and the Guidelines allow ongoing maintenance care in specific situations after “(A) the Board has made a legal determination that the claimant has a permanent disability, or (B) a medical provider submits a medical opinion evidencing that the claimant has reached maximum medical improvement and has a permanent impairment, in the format prescribed by the Chair for such purpose, and the Board has not yet made a legal determination on maximum medical improvement or permanent disability.” 12 NYCRR § 324.3(a)(5)(ii)','Recent amendments to the Regulations and the Guidelines allow ongoing maintenance care in specific situations after “(A) the Board has made a legal determination that the claimant has a permanent disability, or (B) a <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/05/claim-disallowance-with-unanimous-medical-opinion-giving-causal-relationship/\">medical provider submits a medical opinion</a> evidencing that the claimant has reached maximum medical improvement and has a permanent impairment, in the format prescribed by the Chair for such purpose, and the Board has not yet made a legal determination on maximum medical improvement or permanent disability.” 12 NYCRR § 324.3(a)(5)(ii)','Recent amendments to the Regulations and the Guidelines allow ongoing maintenance care in specific situations after “(A) the Board has made a legal determination that the claimant has a permanent disability, or (B) a medical provider submits a medical opinion evidencing that the claimant has reached maximum medical improvement and has a permanent impairment, in the format prescribed by the Chair for such purpose, and the Board has not yet made a legal determination on maximum medical improvement or permanent disability.” 12 NYCRR § 324.3(a)(5)(ii)','See, D.10.a.ii. Recent amendments to the Regulations and the Guidelines allow ongoing maintenance care in specific situations after “(A) the Board has made a legal determination that the claimant has a permanent disability, or (B) a medical provider submits a medical opinion evidencing that the claimant has reached maximum medical improvement and has a permanent impairment, in the format prescribed by the Chair for such purpose, and the Board has not yet made a legal determination on maximum medical improvement or permanent disability.” 12 NYCRR § 324.3(a)(5)(ii). Once specific criteria have been met the claimant would be eligible for a maximum of up to 10 visits per year.','Recent amendments to the Regulations and the Guidelines allow ongoing maintenance care in specific situations after “(A) the Board has made a legal determination that the claimant has a permanent disability, or (B) a medical provider submits a medical opinion evidencing that the claimant has reached maximum medical improvement and has a permanent impairment, in the format prescribed by the Chair for such purpose, and the Board has not yet made a legal determination on maximum medical improvement or permanent disability.” 12 NYCRR § 324.3(a)(5)(ii',0,'2022-04-04 23:08:13','2022-04-04 23:08:13'),(451,46506,46549,'claimant would be eligible','Once specific criteria have been met the claimant would be eligible for a maximum of up to 10 visits per year','Once specific criteria have been met the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/04/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/\">claimant would be eligible</a> for a maximum of up to 10 visits per year','Once specific criteria have been met the claimant would be eligible for a maximum of up to 10 visits per year','Recent amendments to the Regulations and the Guidelines allow ongoing maintenance care in specific situations after “(A) the Board has made a legal determination that the claimant has a permanent disability, or (B) a medical provider submits a medical opinion evidencing that the claimant has reached maximum medical improvement and has a permanent impairment, in the format prescribed by the Chair for such purpose, and the Board has not yet made a legal determination on maximum medical improvement or permanent disability.” 12 NYCRR § 324.3(a)(5)(ii). Once specific criteria have been met the claimant would be eligible for a maximum of up to 10 visits per year.','Once specific criteria have been met the claimant would be eligible for a maximum of up to 10 visits per year.',0,'2022-04-04 23:08:13','2022-04-04 23:08:13'),(452,46496,46511,'defense counsel had opened litigation on the issue','Notice of that recording was not given until two months later, after defense counsel had opened litigation on the issue of ongoing disability premised upon that consultant’s report','Notice of that recording was not given until two months later, after <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/10/less-than-twelve-weeks-remaining-for-wcl-%c2%a725-a-because-subject-046-630-contains-stricter-requirements-for-reopening-a-claim-on-the-issue-of-%c2%a725-a-prudent-carriers-and-employers-may-want/\">defense counsel had opened litigation on the issue</a> of ongoing disability premised upon that consultant’s report','Notice of that recording was not given until two months later, after defense counsel had opened litigation on the issue of ongoing disability premised upon that consultant’s report','claimant’s sister, who was also present at an IME, surreptitiously, and without the knowledge of the consultant, videotaped the entire examination.  Notice of that recording was not given until two months later, after defense counsel had opened litigation on the issue of ongoing disability premised upon that consultant’s report.  The WCLJ directed the claimant to turn over a copy of the video to defense counsel, but due to a failed mailing, defense counsel and the carrier were not provided with the footage, or even able to view it, until a second hearing, held nearly a month later, which was scheduled for oral summations on the pending issues.  ','notice that he or she is recording an examination; or at least not give notice until they intend to produce the footage and submit it into evidence.  In <u>NYC Housing Authority</u>, 2015 NY Wrk. Comp 0768798.  claimant’s sister, who was also present at an IME, surreptitiously, and without the knowledge of the consultant, videotaped the entire examination.  Notice of that recording was not given until two months later, after defense counsel had opened litigation on the issue of ongoing disability premised upon that consultant’s report.',0,'2022-04-04 23:08:16','2022-04-04 23:08:16'),(453,46496,46343,'late notice,','On appeal, the Board found nothing wrong with claimant’s late notice, and even excused the failed mailing noting that “the WCLJ acted within the scope of discretion by allowing the video to be admitted into evidence.”','On appeal, the Board found nothing wrong with claimant’s <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/05/employers-do-not-have-to-prove-prejudice-by-late-notice-but-it-certainly-doesnt-hurt-to-do-so/\">late notice,</a> and even excused the failed mailing noting that “the WCLJ acted within the scope of discretion by allowing the video to be admitted into evidence.”','On appeal, the Board found nothing wrong with claimant’s late notice, and even excused the failed mailing noting that “the WCLJ acted within the scope of discretion by allowing the video to be admitted into evidence.”','The WCLJ ruled that the IME was not credible based in part on the footage, which apparently raised some doubt as to whether certain body sites were actually examined.   On appeal, the Board found nothing wrong with claimant’s late notice, and even excused the failed mailing noting that “the WCLJ acted within the scope of discretion by allowing the video to be admitted into evidence.”','on what side of the bar your practice on) a claimant, apparently, need never give notice that he or she is recording an examination; or at least not give notice until they intend to produce the footage and submit it into evidence.  In <u>NYC Housing Authority</u>, 2015 NY Wrk. Comp 0768798.  claimant’s sister, who was also present at an IME, surreptitiously, and without the knowledge of the consultant, videotaped the entire examination.  Notice of that recording was not given until two months later, after defense counsel had opened litigation on the issue of ongoing disability premised upon that consultant’s report.  The WCLJ directed the claimant to turn over a copy of the video to defense counsel, but due to a failed mailing, defense counsel and the carrier were not provided with the footage, or even able to view it, until a second hearing, held nearly a month later, which was scheduled for oral summations on the pending issues.  The WCLJ ruled that the IME was not credible based in part on the footage, which apparently raised some doubt as to whether certain body sites were actually examined.   On appeal, the Board found nothing wrong with claimant’s late notice, and even excused the failed mailing noting that “the WCLJ acted within the scope of discretion by allowing the video to be admitted into evidence.”',0,'2022-04-04 23:08:16','2022-04-04 23:08:16'),(454,46172,46351,'practice law','She is licensed to practice law in New York','She is licensed to <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/03/thoughts-on-thinking-a-strange-title-about-practicing-law/\">practice law</a> in New York','She is licensed to practice law in New York','She participated in the Science and Technology Journal for Albany Law School. She is licensed to practice law in New York.','She participated in the Science and Technology Journal for Albany Law School. She is licensed to practice law in New York.',0,'2022-04-05 00:20:46','2022-04-05 00:20:46'),(459,46377,46368,'independent contractor and not an employee','claimant was an independent contractor and not an employee','claimant was an <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/02/independent-contractor-or-employee/\">independent contractor and not an employee</a>','claimant was an independent contractor and not an employee','– i.e. claimant was an independent contractor and not an employee.','claimant and our client, or another individual who owns the property where the alleged injury occurred and for whom our client performs work. In this matter, the claimant filed a Workers’ Compensation claim against our client after alleging multiple injuries after she reportedly fell backwards in May 2019 while performing landscaping services on a specific property where our client was responsible for property management services. Our client did not maintain any Workers’ Compensation insurance as she operated a LLC with no employees under which she maintained her property management services. Our office was retained to defend the matter and immediately pursued an aggressive defense that there was no employee-employer relationship  – i.e. claimant was an independent contractor and not an employee.',0,'2022-04-05 00:20:51','2022-04-05 00:20:51'),(460,46377,46371,'claimant received','We note that the claimant received a 1099 from our client in 2018 for her services, which included landscaping, gardening, and docent services at a museum operated on one of the properties managed by our client','We note that the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">claimant received</a> a 1099 from our client in 2018 for her services, which included landscaping, gardening, and docent services at a museum operated on one of the properties managed by our client','We note that the claimant received a 1099 from our client in 2018 for her services, which included landscaping, gardening, and docent services at a museum operated on one of the properties managed by our client','We also demanded that the claimant produce her tax documents from 2018 and 2019 in order to confirm her income from our client and the property owner – but more importantly from other individuals during the same time period she claimed “employment” by our client. We note that the claimant received a 1099 from our client in 2018 for her services, which included landscaping, gardening, and docent services at a museum operated on one of the properties managed by our client. Throughout lengthy testimony, the record was developed to reflect that while our client told the claimant what services to provide on a certain day, the claimant-maintained control over the manner in which to perform the work.','We also demanded that the claimant produce her tax documents from 2018 and 2019 in order to confirm her income from our client and the property owner – but more importantly from other individuals during the same time period she claimed “employment” by our client. We note that the claimant received a 1099 from our client in 2018 for her services, which included landscaping, gardening, and docent services at a museum operated on one of the properties managed by our client. Throughout lengthy testimony, the record was developed to reflect that while our client told the claimant what services to provide on a certain day, the claimant-maintained control over the manner in which to perform the work. Furthermore, the claimant would set her own hours (with no attendance requirements), use her personal vehicle to get to a specific properly, use mostly her own tools to perform the work, and then would submit an invoice for her services after the work was performed. Significantly, the record was established on the fact that the claimant performed similar services for others in 2018 and 2019 without needing permission to do so from our client',0,'2022-04-05 00:20:51','2022-04-05 00:20:51'),(461,46377,46374,'claimant what services to provide on a certain day','Throughout lengthy testimony, the record was developed to reflect that while our client told the claimant what services to provide on a certain day, the claimant-maintained control over the manner in which to perform the work','Throughout lengthy testimony, the record was developed to reflect that while our client told the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/doubling-down-2-hearing-loss-claims-for-the-same-claimant-denied-on-the-same-day/\">claimant what services to provide on a certain day</a>, the claimant-maintained control over the manner in which to perform the work','Throughout lengthy testimony, the record was developed to reflect that while our client told the claimant what services to provide on a certain day, the claimant-maintained control over the manner in which to perform the work','We note that the claimant received a 1099 from our client in 2018 for her services, which included landscaping, gardening, and docent services at a museum operated on one of the properties managed by our client. Throughout lengthy testimony, the record was developed to reflect that while our client told the claimant what services to provide on a certain day, the claimant-maintained control over the manner in which to perform the work. Furthermore, the claimant would set her own hours (with no attendance requirements), use her personal vehicle to get to a specific properly, use mostly her own tools to perform the work, and then would submit an invoice for her services after the work was performed.','Throughout lengthy testimony, the record was developed to reflect that while our client told the claimant what services to provide on a certain day, the claimant-maintained control over the manner in which to perform the work. Furthermore, the claimant would set her own hours (with no attendance requirements), use her personal vehicle to get to a specific properly, use mostly her own tools to perform the work, and then would submit an invoice for her services after the work',0,'2022-04-05 00:20:51','2022-04-05 00:20:51'),(462,46171,46421,'workers’ compensation','Rebecca comes to us with a strong background in workers’ compensation as a legal assistant having advocated for the claimants','Rebecca comes to us with a strong background in <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2017/10/how-to-avoid-bad-luck-in-your-comp-claims-this-friday-the-13th-some-basic-time-constraints-for-new-york-state-workers-compensation-claims-to-keep-in-mind/\">workers’ compensation</a> as a legal assistant having advocated for the claimants','Rebecca comes to us with a strong background in workers’ compensation as a legal assistant having advocated for the claimants','Rebecca comes to us with a strong background in workers’ compensation as a legal assistant having advocated for the claimants. When the opportunity arose for her to see workers’ compensation from the opposite end of the field, she was eager to start using her knowledge and skills with a different point of view.','Rebecca comes to us with a strong background in workers’ compensation as a legal assistant having advocated for the claimants.',0,'2022-04-05 00:20:53','2022-04-05 00:20:53'),(463,46171,46421,'workers’ compensation','When the opportunity arose for her to see workers’ compensation from the opposite end of the field, she was eager to start using her knowledge and skills with a different point of view','When the opportunity arose for her to see <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2017/10/how-to-avoid-bad-luck-in-your-comp-claims-this-friday-the-13th-some-basic-time-constraints-for-new-york-state-workers-compensation-claims-to-keep-in-mind/\">workers’ compensation</a> from the opposite end of the field, she was eager to start using her knowledge and skills with a different point of view','When the opportunity arose for her to see workers’ compensation from the opposite end of the field, she was eager to start using her knowledge and skills with a different point of view','Rebecca comes to us with a strong background in workers’ compensation as a legal assistant having advocated for the claimants. When the opportunity arose for her to see workers’ compensation from the opposite end of the field, she was eager to start using her knowledge and skills with a different point of view. Always up for a challenge, Rebecca’s tough determination and solid work ethic are what keep her consistently motivated to contribute wherever possible and get the job done.','When the opportunity arose for her to see workers’ compensation from the opposite end of the field, she was eager to start using her knowledge and skills with a different point of view.',0,'2022-04-05 00:20:53','2022-04-05 00:20:53'),(464,46171,46486,'workers’ compensation','Rebecca comes to us with a strong background in workers’ compensation as a legal assistant having advocated for the claimants','Rebecca comes to us with a strong background in <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2015/08/test-your-ny-workers-compensation-chops/\">workers’ compensation</a> as a legal assistant having advocated for the claimants','Rebecca comes to us with a strong background in workers’ compensation as a legal assistant having advocated for the claimants','Rebecca comes to us with a strong background in workers’ compensation as a legal assistant having advocated for the claimants. When the opportunity arose for her to see workers’ compensation from the opposite end of the field, she was eager to start using her knowledge and skills with a different point of view.','Rebecca comes to us with a strong background in workers’ compensation as a legal assistant having advocated for the claimants.',0,'2022-04-05 00:20:53','2022-04-05 00:20:53'),(465,46171,46486,'workers’ compensation','When the opportunity arose for her to see workers’ compensation from the opposite end of the field, she was eager to start using her knowledge and skills with a different point of view','When the opportunity arose for her to see <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2015/08/test-your-ny-workers-compensation-chops/\">workers’ compensation</a> from the opposite end of the field, she was eager to start using her knowledge and skills with a different point of view','When the opportunity arose for her to see workers’ compensation from the opposite end of the field, she was eager to start using her knowledge and skills with a different point of view','Rebecca comes to us with a strong background in workers’ compensation as a legal assistant having advocated for the claimants. When the opportunity arose for her to see workers’ compensation from the opposite end of the field, she was eager to start using her knowledge and skills with a different point of view. Always up for a challenge, Rebecca’s tough determination and solid work ethic are what keep her consistently motivated to contribute wherever possible and get the job done.','When the opportunity arose for her to see workers’ compensation from the opposite end of the field, she was eager to start using her knowledge and skills with a different point of view.',0,'2022-04-05 00:20:53','2022-04-05 00:20:53'),(466,46171,46512,'workers’ compensation','Rebecca comes to us with a strong background in workers’ compensation as a legal assistant having advocated for the claimants','Rebecca comes to us with a strong background in <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/09/board-process-re-engineering-bpr-ny-workers-compensation-forum-members-should-be-included-in-the-dialogue/\">workers’ compensation</a> as a legal assistant having advocated for the claimants','Rebecca comes to us with a strong background in workers’ compensation as a legal assistant having advocated for the claimants','Rebecca comes to us with a strong background in workers’ compensation as a legal assistant having advocated for the claimants. When the opportunity arose for her to see workers’ compensation from the opposite end of the field, she was eager to start using her knowledge and skills with a different point of view.','Rebecca comes to us with a strong background in workers’ compensation as a legal assistant having advocated for the claimants.',0,'2022-04-05 00:20:53','2022-04-05 00:20:53'),(467,46171,46512,'workers’ compensation','When the opportunity arose for her to see workers’ compensation from the opposite end of the field, she was eager to start using her knowledge and skills with a different point of view','When the opportunity arose for her to see <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/09/board-process-re-engineering-bpr-ny-workers-compensation-forum-members-should-be-included-in-the-dialogue/\">workers’ compensation</a> from the opposite end of the field, she was eager to start using her knowledge and skills with a different point of view','When the opportunity arose for her to see workers’ compensation from the opposite end of the field, she was eager to start using her knowledge and skills with a different point of view','Rebecca comes to us with a strong background in workers’ compensation as a legal assistant having advocated for the claimants. When the opportunity arose for her to see workers’ compensation from the opposite end of the field, she was eager to start using her knowledge and skills with a different point of view. Always up for a challenge, Rebecca’s tough determination and solid work ethic are what keep her consistently motivated to contribute wherever possible and get the job done.','When the opportunity arose for her to see workers’ compensation from the opposite end of the field, she was eager to start using her knowledge and skills with a different point of view.',0,'2022-04-05 00:20:53','2022-04-05 00:20:53'),(468,46171,46555,'workers’ compensation','Rebecca comes to us with a strong background in workers’ compensation as a legal assistant having advocated for the claimants','Rebecca comes to us with a strong background in <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/02/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/\">workers’ compensation</a> as a legal assistant having advocated for the claimants','Rebecca comes to us with a strong background in workers’ compensation as a legal assistant having advocated for the claimants','Rebecca comes to us with a strong background in workers’ compensation as a legal assistant having advocated for the claimants. When the opportunity arose for her to see workers’ compensation from the opposite end of the field, she was eager to start using her knowledge and skills with a different point of view.','Rebecca comes to us with a strong background in workers’ compensation as a legal assistant having advocated for the claimants.',0,'2022-04-05 00:20:53','2022-04-05 00:20:53'),(469,46171,46555,'workers’ compensation','When the opportunity arose for her to see workers’ compensation from the opposite end of the field, she was eager to start using her knowledge and skills with a different point of view','When the opportunity arose for her to see <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/02/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/\">workers’ compensation</a> from the opposite end of the field, she was eager to start using her knowledge and skills with a different point of view','When the opportunity arose for her to see workers’ compensation from the opposite end of the field, she was eager to start using her knowledge and skills with a different point of view','Rebecca comes to us with a strong background in workers’ compensation as a legal assistant having advocated for the claimants. When the opportunity arose for her to see workers’ compensation from the opposite end of the field, she was eager to start using her knowledge and skills with a different point of view. Always up for a challenge, Rebecca’s tough determination and solid work ethic are what keep her consistently motivated to contribute wherever possible and get the job done.','When the opportunity arose for her to see workers’ compensation from the opposite end of the field, she was eager to start using her knowledge and skills with a different point of view.',0,'2022-04-05 00:20:53','2022-04-05 00:20:53'),(472,45925,46387,'workers\' compensation','For years, the standard operating procedure for New York workers\' compensation defense firms has been predicated on volume','For years, the standard operating procedure for New York <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2018/12/review-of-workers-compensation-board-schedule-loss-of-use-frequently-asked-questions-and-new-permanency-forms/\">workers\' compensation</a> defense firms has been predicated on volume','For years, the standard operating procedure for New York workers\' compensation defense firms has been predicated on volume','For years, the standard operating procedure for New York workers\' compensation defense firms has been predicated on volume. Each morning defense attorneys picked up the 15-20 files for the hearings that they were expected to handle that day, lined them up, spent five minutes reviewing the file, attended the hearing, dictated the report and then moved on to the next file.','For years, the standard operating procedure for New York workers\' compensation defense firms has been predicated on volume.',0,'2022-04-05 01:06:57','2022-04-05 01:06:57'),(473,45925,48276,'workers\' compensation defense','For years, the standard operating procedure for New York workers\' compensation defense firms has been predicated on volume','For years, the standard operating procedure for New York <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/amherst-workers-compensation-defense-law-office/\">workers\' compensation defense</a> firms has been predicated on volume','For years, the standard operating procedure for New York workers\' compensation defense firms has been predicated on volume','For years, the standard operating procedure for New York workers\' compensation defense firms has been predicated on volume. Each morning defense attorneys picked up the 15-20 files for the hearings that they were expected to handle that day, lined them up, spent five minutes reviewing the file, attended the hearing, dictated the report and then moved on to the next file.','For years, the standard operating procedure for New York workers\' compensation defense firms has been predicated on volume.',0,'2022-04-05 01:06:57','2022-04-05 01:06:57'),(474,45925,48276,'compensation defense: claim-based defense','Our philosophy at , represents what we believe is a dramatic departure from the assembly line workers’ compensation defense: claim-based defense partnerships','Our philosophy at , represents what we believe is a dramatic departure from the assembly line workers’ <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/amherst-workers-compensation-defense-law-office/\">compensation defense: claim-based defense</a> partnerships','Our philosophy at , represents what we believe is a dramatic departure from the assembly line workers’ compensation defense: claim-based defense partnerships','Our philosophy at , represents what we believe is a dramatic departure from the assembly line workers’ compensation defense: claim-based defense partnerships. Our clients refer claims to us, not hearings.','Our philosophy at , represents what we believe is a dramatic departure from the assembly line workers’ compensation defense: claim-based defense partnerships.',0,'2022-04-05 01:06:57','2022-04-05 01:06:57'),(475,45925,48276,'compensation law','Additionally, when you choose us to represent you, you can trust that you will have access to the most recent cutting-edge developments in New York workers’ compensation law','Additionally, when you choose us to represent you, you can trust that you will have access to the most recent cutting-edge developments in New York workers’ <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/amherst-workers-compensation-defense-law-office/\">compensation law</a>','Additionally, when you choose us to represent you, you can trust that you will have access to the most recent cutting-edge developments in New York workers’ compensation law','Additionally, when you choose us to represent you, you can trust that you will have access to the most recent cutting-edge developments in New York workers’ compensation law. We pride ourselves on staying current with the most recent changes in the law in substance and in practice.','Additionally, when you choose us to represent you, you can trust that you will have access to the most recent cutting-edge developments in New York workers’ compensation law. We pride ourselves on staying current with the most recent changes in the law in substance and in practice. We accomplish this by running a forum on LinkedIn called the New York Workers’ Compensation Forum, which we invite you to join. Additionally, we hold webinars, Lawyers and Friends, every 4th Friday on the month, which you are welcome to join as well!',0,'2022-04-05 01:06:57','2022-04-05 01:06:57'),(476,45925,46374,'hearings that they were expected to handle that day','Each morning defense attorneys picked up the 15-20 files for the hearings that they were expected to handle that day, lined them up, spent five minutes reviewing the file, attended the hearing, dictated the report and then moved on to the next file','Each morning defense attorneys picked up the 15-20 files for the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/01/doubling-down-2-hearing-loss-claims-for-the-same-claimant-denied-on-the-same-day/\">hearings that they were expected to handle that day</a>, lined them up, spent five minutes reviewing the file, attended the hearing, dictated the report and then moved on to the next file','Each morning defense attorneys picked up the 15-20 files for the hearings that they were expected to handle that day, lined them up, spent five minutes reviewing the file, attended the hearing, dictated the report and then moved on to the next file','For years, the standard operating procedure for New York workers\' compensation defense firms has been predicated on volume. Each morning defense attorneys picked up the 15-20 files for the hearings that they were expected to handle that day, lined them up, spent five minutes reviewing the file, attended the hearing, dictated the report and then moved on to the next file. A report was typed and the file was sent back to the adjuster – frequently without the attorney and the adjuster ever having any real communication.','Each morning defense attorneys picked up the 15-20 files for the hearings that they were expected to handle that day, lined them up, spent five minutes reviewing the file, attended the hearing, dictated the report and then moved on to the next file. A report was typed and the file was sent back to the adjuster – frequently without the attorney and the adjuster ever having any real communication. There would be little to no contact before the hearing, at most terse telephone discussions on the day of the hearing for authority for an agreement so that defense counsel would not have to thoroughly analyze the file',0,'2022-04-05 01:06:57','2022-04-05 01:06:57'),(477,45925,46511,'defense counsel','There would be little to no contact before the hearing, at most terse telephone discussions on the day of the hearing for authority for an agreement so that defense counsel would not have to thoroughly analyze the file and provide a thoughtful defense of the claim; there was certainly no ongoing dialogue after or between hearings.','There would be little to no contact before the hearing, at most terse telephone discussions on the day of the hearing for authority for an agreement so that <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/10/less-than-twelve-weeks-remaining-for-wcl-%c2%a725-a-because-subject-046-630-contains-stricter-requirements-for-reopening-a-claim-on-the-issue-of-%c2%a725-a-prudent-carriers-and-employers-may-want/\">defense counsel</a> would not have to thoroughly analyze the file and provide a thoughtful defense of the claim; there was certainly no ongoing dialogue after or between hearings.','There would be little to no contact before the hearing, at most terse telephone discussions on the day of the hearing for authority for an agreement so that defense counsel would not have to thoroughly analyze the file and provide a thoughtful defense of the claim; there was certainly no ongoing dialogue after or between hearings.','A report was typed and the file was sent back to the adjuster – frequently without the attorney and the adjuster ever having any real communication. There would be little to no contact before the hearing, at most terse telephone discussions on the day of the hearing for authority for an agreement so that defense counsel would not have to thoroughly analyze the file and provide a thoughtful defense of the claim; there was certainly no ongoing dialogue after or between hearings.','There would be little to no contact before the hearing, at most terse telephone discussions on the day of the hearing for authority for an agreement so that defense counsel would not have to thoroughly analyze the file and provide a thoughtful defense of the claim; there was certainly no ongoing dialogue after or between hearings.',0,'2022-04-05 01:06:57','2022-04-05 01:06:57'),(478,45925,46511,'refer claims','Our clients refer claims to us, not hearings','Our clients <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/10/less-than-twelve-weeks-remaining-for-wcl-%c2%a725-a-because-subject-046-630-contains-stricter-requirements-for-reopening-a-claim-on-the-issue-of-%c2%a725-a-prudent-carriers-and-employers-may-want/\">refer claims</a> to us, not hearings','Our clients refer claims to us, not hearings','Our philosophy at , represents what we believe is a dramatic departure from the assembly line workers’ compensation defense: claim-based defense partnerships. Our clients refer claims to us, not hearings. We develop relationships with our clients that are proactive rather than reactive; ones that foster ongoing conversations between client and counsel to develop strategies to meet specific goals as opposed to simply appearing at hearings, sending a report, and leaving the employer or TPA to fend for themselves in between board appearances.','Our philosophy at , represents what we believe is a dramatic departure from the assembly line workers’ compensation defense: claim-based defense partnerships. Our clients refer claims to us, not hearings. We develop relationships with our clients that are proactive rather than reactive; ones that foster ongoing conversations between client and counsel to develop strategies to meet specific goals as opposed to simply appearing at hearings',0,'2022-04-05 01:06:57','2022-04-05 01:06:57'),(479,45925,46421,'workers’ compensation','Our philosophy at , represents what we believe is a dramatic departure from the assembly line workers’ compensation defense: claim-based defense partnerships','Our philosophy at , represents what we believe is a dramatic departure from the assembly line <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2017/10/how-to-avoid-bad-luck-in-your-comp-claims-this-friday-the-13th-some-basic-time-constraints-for-new-york-state-workers-compensation-claims-to-keep-in-mind/\">workers’ compensation</a> defense: claim-based defense partnerships','Our philosophy at , represents what we believe is a dramatic departure from the assembly line workers’ compensation defense: claim-based defense partnerships','Our philosophy at , represents what we believe is a dramatic departure from the assembly line workers’ compensation defense: claim-based defense partnerships. Our clients refer claims to us, not hearings.','Our philosophy at , represents what we believe is a dramatic departure from the assembly line workers’ compensation defense: claim-based defense partnerships.',0,'2022-04-05 01:06:57','2022-04-05 01:06:57'),(480,45925,46486,'workers’ compensation','Our philosophy at , represents what we believe is a dramatic departure from the assembly line workers’ compensation defense: claim-based defense partnerships','Our philosophy at , represents what we believe is a dramatic departure from the assembly line <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/08/test-your-ny-workers-compensation-chops/\">workers’ compensation</a> defense: claim-based defense partnerships','Our philosophy at , represents what we believe is a dramatic departure from the assembly line workers’ compensation defense: claim-based defense partnerships','Our philosophy at , represents what we believe is a dramatic departure from the assembly line workers’ compensation defense: claim-based defense partnerships. Our clients refer claims to us, not hearings.','Our philosophy at , represents what we believe is a dramatic departure from the assembly line workers’ compensation defense: claim-based defense partnerships.',0,'2022-04-05 01:06:57','2022-04-05 01:06:57'),(481,45925,46486,'workers’ compensation','Additionally, when you choose us to represent you, you can trust that you will have access to the most recent cutting-edge developments in New York workers’ compensation law','Additionally, when you choose us to represent you, you can trust that you will have access to the most recent cutting-edge developments in New York <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/08/test-your-ny-workers-compensation-chops/\">workers’ compensation</a> law','Additionally, when you choose us to represent you, you can trust that you will have access to the most recent cutting-edge developments in New York workers’ compensation law','Additionally, when you choose us to represent you, you can trust that you will have access to the most recent cutting-edge developments in New York workers’ compensation law. We pride ourselves on staying current with the most recent changes in the law in substance and in practice.','Additionally, when you choose us to represent you, you can trust that you will have access to the most recent cutting-edge developments in New York workers’ compensation law. We pride ourselves on staying current with the most recent changes in the law in substance and in practice. We accomplish this by running a forum on LinkedIn called the New York Workers’ Compensation Forum, which we invite you to join. Additionally, we hold webinars, Law',0,'2022-04-05 01:06:57','2022-04-05 01:06:57'),(482,45925,46512,'workers’ compensation','Our philosophy at , represents what we believe is a dramatic departure from the assembly line workers’ compensation defense: claim-based defense partnerships','Our philosophy at , represents what we believe is a dramatic departure from the assembly line <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/09/board-process-re-engineering-bpr-ny-workers-compensation-forum-members-should-be-included-in-the-dialogue/\">workers’ compensation</a> defense: claim-based defense partnerships','Our philosophy at , represents what we believe is a dramatic departure from the assembly line workers’ compensation defense: claim-based defense partnerships','Our philosophy at , represents what we believe is a dramatic departure from the assembly line workers’ compensation defense: claim-based defense partnerships. Our clients refer claims to us, not hearings.','Our philosophy at , represents what we believe is a dramatic departure from the assembly line workers’ compensation defense: claim-based defense partnerships.',0,'2022-04-05 01:06:57','2022-04-05 01:06:57'),(483,45925,46512,'workers’ compensation','Additionally, when you choose us to represent you, you can trust that you will have access to the most recent cutting-edge developments in New York workers’ compensation law','Additionally, when you choose us to represent you, you can trust that you will have access to the most recent cutting-edge developments in New York <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/09/board-process-re-engineering-bpr-ny-workers-compensation-forum-members-should-be-included-in-the-dialogue/\">workers’ compensation</a> law','Additionally, when you choose us to represent you, you can trust that you will have access to the most recent cutting-edge developments in New York workers’ compensation law','Additionally, when you choose us to represent you, you can trust that you will have access to the most recent cutting-edge developments in New York workers’ compensation law. We pride ourselves on staying current with the most recent changes in the law in substance and in practice.','Additionally, when you choose us to represent you, you can trust that you will have access to the most recent cutting-edge developments in New York workers’ compensation law. We pride ourselves on staying current with the most recent changes in the law in substance and in practice. We accomplish this by running a forum on LinkedIn called the New York Workers’ Compensation Forum, which we invite you to join. Additionally, we hold webinars, Law',0,'2022-04-05 01:06:57','2022-04-05 01:06:57'),(484,45925,46555,'workers’ compensation','Our philosophy at , represents what we believe is a dramatic departure from the assembly line workers’ compensation defense: claim-based defense partnerships','Our philosophy at , represents what we believe is a dramatic departure from the assembly line <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/02/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/\">workers’ compensation</a> defense: claim-based defense partnerships','Our philosophy at , represents what we believe is a dramatic departure from the assembly line workers’ compensation defense: claim-based defense partnerships','Our philosophy at , represents what we believe is a dramatic departure from the assembly line workers’ compensation defense: claim-based defense partnerships. Our clients refer claims to us, not hearings.','Our philosophy at , represents what we believe is a dramatic departure from the assembly line workers’ compensation defense: claim-based defense partnerships.',0,'2022-04-05 01:06:57','2022-04-05 01:06:57'),(485,45925,46555,'workers’ compensation','Additionally, when you choose us to represent you, you can trust that you will have access to the most recent cutting-edge developments in New York workers’ compensation law','Additionally, when you choose us to represent you, you can trust that you will have access to the most recent cutting-edge developments in New York <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/02/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/\">workers’ compensation</a> law','Additionally, when you choose us to represent you, you can trust that you will have access to the most recent cutting-edge developments in New York workers’ compensation law','Additionally, when you choose us to represent you, you can trust that you will have access to the most recent cutting-edge developments in New York workers’ compensation law. We pride ourselves on staying current with the most recent changes in the law in substance and in practice.','Additionally, when you choose us to represent you, you can trust that you will have access to the most recent cutting-edge developments in New York workers’ compensation law. We pride ourselves on staying current with the most recent changes in the law in substance and in practice. We accomplish this by running a forum on LinkedIn called the New York Workers’ Compensation Forum, which we invite you to join. Additionally, we hold webinars, Law',0,'2022-04-05 01:06:57','2022-04-05 01:06:57'),(486,45925,46351,'law in substance and in practice','We pride ourselves on staying current with the most recent changes in the law in substance and in practice','We pride ourselves on staying current with the most recent changes in the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/03/thoughts-on-thinking-a-strange-title-about-practicing-law/\">law in substance and in practice</a>','We pride ourselves on staying current with the most recent changes in the law in substance and in practice','Additionally, when you choose us to represent you, you can trust that you will have access to the most recent cutting-edge developments in New York workers’ compensation law. We pride ourselves on staying current with the most recent changes in the law in substance and in practice. We accomplish this by running a forum on LinkedIn called the New York Workers’ Compensation Forum, which we invite you to join.','We pride ourselves on staying current with the most recent changes in the law in substance and in practice. We accomplish this by running a forum on LinkedIn called the New York Workers’ Compensation Forum, which we invite you to join. Additionally, we hold webinars, Lawyers and Friends, every 4th Friday on the month, which you are welcome to join as well!',0,'2022-04-05 01:06:57','2022-04-05 01:06:57'),(487,45925,46380,'invite you to join','We accomplish this by running a forum on LinkedIn called the New York Workers’ Compensation Forum, which we invite you to join','We accomplish this by running a forum on LinkedIn called the New York Workers’ Compensation Forum, which we <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2019/07/melissa-a-day-esq-invited-to-join-buffalo-business-first-leadership-trust/\">invite you to join</a>','We accomplish this by running a forum on LinkedIn called the New York Workers’ Compensation Forum, which we invite you to join','We pride ourselves on staying current with the most recent changes in the law in substance and in practice. We accomplish this by running a forum on LinkedIn called the New York Workers’ Compensation Forum, which we invite you to join. Additionally, we hold webinars, Lawyers and Friends, every 4th Friday on the month, which you are welcome to join as well!','We pride ourselves on staying current with the most recent changes in the law in substance and in practice. We accomplish this by running a forum on LinkedIn called the New York Workers’ Compensation Forum, which we invite you to join. Additionally, we hold webinars, Lawyers and Friends, every 4th Friday on the month, which you are welcome to join as well!',0,'2022-04-05 01:06:57','2022-04-05 01:06:57'),(488,46189,46421,'workers’ compensation','Our attorneys bring well over 100 years of combined experience in the workers’ compensation field','Our attorneys bring well over 100 years of combined experience in the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2017/10/how-to-avoid-bad-luck-in-your-comp-claims-this-friday-the-13th-some-basic-time-constraints-for-new-york-state-workers-compensation-claims-to-keep-in-mind/\">workers’ compensation</a> field','Our attorneys bring well over 100 years of combined experience in the workers’ compensation field','Melissa has a unique talent for finding amazing people to help the office thrive and is proud of the work they do. Our attorneys bring well over 100 years of combined experience in the workers’ compensation field. All of our staff bring a variety of skills and experience to our ever-expanding crew, creating one of the best teams in New York state.','Our attorneys bring well over 100 years of combined experience in the workers’ compensation field.',0,'2022-04-05 01:06:58','2022-04-05 01:06:58'),(489,46189,46486,'workers’ compensation','Our attorneys bring well over 100 years of combined experience in the workers’ compensation field','Our attorneys bring well over 100 years of combined experience in the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/08/test-your-ny-workers-compensation-chops/\">workers’ compensation</a> field','Our attorneys bring well over 100 years of combined experience in the workers’ compensation field','Melissa has a unique talent for finding amazing people to help the office thrive and is proud of the work they do. Our attorneys bring well over 100 years of combined experience in the workers’ compensation field. All of our staff bring a variety of skills and experience to our ever-expanding crew, creating one of the best teams in New York state.','Our attorneys bring well over 100 years of combined experience in the workers’ compensation field.',0,'2022-04-05 01:06:58','2022-04-05 01:06:58'),(490,46189,46512,'workers’ compensation','Our attorneys bring well over 100 years of combined experience in the workers’ compensation field','Our attorneys bring well over 100 years of combined experience in the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/09/board-process-re-engineering-bpr-ny-workers-compensation-forum-members-should-be-included-in-the-dialogue/\">workers’ compensation</a> field','Our attorneys bring well over 100 years of combined experience in the workers’ compensation field','Melissa has a unique talent for finding amazing people to help the office thrive and is proud of the work they do. Our attorneys bring well over 100 years of combined experience in the workers’ compensation field. All of our staff bring a variety of skills and experience to our ever-expanding crew, creating one of the best teams in New York state.','Our attorneys bring well over 100 years of combined experience in the workers’ compensation field.',0,'2022-04-05 01:06:58','2022-04-05 01:06:58'),(491,46189,46555,'workers’ compensation','Our attorneys bring well over 100 years of combined experience in the workers’ compensation field','Our attorneys bring well over 100 years of combined experience in the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/02/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/\">workers’ compensation</a> field','Our attorneys bring well over 100 years of combined experience in the workers’ compensation field','Melissa has a unique talent for finding amazing people to help the office thrive and is proud of the work they do. Our attorneys bring well over 100 years of combined experience in the workers’ compensation field. All of our staff bring a variety of skills and experience to our ever-expanding crew, creating one of the best teams in New York state.','Our attorneys bring well over 100 years of combined experience in the workers’ compensation field.',0,'2022-04-05 01:06:58','2022-04-05 01:06:58'),(492,46352,46329,'schedule loss','This case has been instrumental in forcing the Judges to account for all prior schedule loss of use awards to a particular extremity, rather than schedules for the same part of the extremity','This case has been instrumental in forcing the Judges to account for <em>all</em> prior <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/08/using-the-contralateral-limb-as-a-baseline-for-calculating-schedule-loss-of-use/\">schedule loss</a> of use awards to a particular extremity, rather than schedules for the same part of the extremity','This case has been instrumental in forcing the Judges to account for <em>all</em> prior schedule loss of use awards to a particular extremity, rather than schedules for the same part of the extremity','This case has been instrumental in forcing the Judges to account for all prior schedule loss of use awards to a particular extremity, rather than schedules for the same part of the extremity? But what about total joint replacements…?','This case has been instrumental in forcing the Judges to account for <em>all</em> prior schedule loss of use awards to a particular extremity, rather than schedules for the same part of the extremity?',0,'2022-04-05 01:06:59','2022-04-05 01:06:59'),(493,46352,46329,'schedule loss','The 2018 Guidelines for Determining Permanent Impairment, for example, state that for a “good result” following a total knee replacement, a claimant could expect a 35% schedule loss of use award','The 2018 Guidelines for Determining Permanent Impairment, for example, state that for a “good result” following a total knee replacement, a claimant could expect a 35% <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/08/using-the-contralateral-limb-as-a-baseline-for-calculating-schedule-loss-of-use/\">schedule loss</a> of use award','The 2018 Guidelines for Determining Permanent Impairment, for example, state that for a “good result” following a total knee replacement, a claimant could expect a 35% schedule loss of use award','The 2018 Guidelines for Determining Permanent Impairment, for example, state that for a “good result” following a total knee replacement, a claimant could expect a 35% schedule loss of use award. See Workers’ Compensation Guidelines for Determining Permanent Impairment § 7.5, at 44 (2017).','the Judges to account for <em>all</em> prior schedule loss of use award',0,'2022-04-05 01:06:59','2022-04-05 01:06:59'),(494,46352,46329,'schedule loss','G07778237, the claimant was previously found to have a 17.5% schedule loss of use of the right leg','G07778237, the claimant was previously found to have a 17.5% <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/08/using-the-contralateral-limb-as-a-baseline-for-calculating-schedule-loss-of-use/\">schedule loss</a> of use of the right leg','G07778237, the claimant was previously found to have a 17.5% schedule loss of use of the right leg','Comp. G07778237, the claimant was previously found to have a 17.5% schedule loss of use of the right leg. The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg.','G07778237, the claimant was previously found to have a 17.5% schedule loss of use of the right leg. The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg.',0,'2022-04-05 01:06:59','2022-04-05 01:06:59'),(495,46352,46329,'schedule loss','The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg','The claimant then had a total knee replacement, with his doctor opining a 40% <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/08/using-the-contralateral-limb-as-a-baseline-for-calculating-schedule-loss-of-use/\">schedule loss</a> of use of the right leg','The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg','G07778237, the claimant was previously found to have a 17.5% schedule loss of use of the right leg. The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg. The Board affirmed the WCLJ’s determination that the claimant was entitled to an overall 22.5% increase in schedule loss of use.','the Court elaborated that “consistent with this observation, neither the statute nor the Board’s guidelines lists the ankle or the knee as body parts lending themselves to separate SLU awards. Rather, impairments to these extremities are encompassed by awards for the loss of use of the leg (see Workers’ Compensation Law § 15[3][b]; New York State Guidelines for Determining Permanent Impairment and Loss of Wage Earning Capacity § 8, at 43 [2012]).” For that reason, The Court determined the Board properly deducted prior schedules for the claimant’s right knee and ankle to arrive at the claimant’s overall schedule loss of use of the right leg.',0,'2022-04-05 01:06:59','2022-04-05 01:06:59'),(496,46352,46329,'schedule loss','The Board affirmed the WCLJ’s determination that the claimant was entitled to an overall 22.5% increase in schedule loss of use','The Board affirmed the WCLJ’s determination that the claimant was entitled to an overall 22.5% increase in <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/08/using-the-contralateral-limb-as-a-baseline-for-calculating-schedule-loss-of-use/\">schedule loss</a> of use','The Board affirmed the WCLJ’s determination that the claimant was entitled to an overall 22.5% increase in schedule loss of use','The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg. The Board affirmed the WCLJ’s determination that the claimant was entitled to an overall 22.5% increase in schedule loss of use.','the Court elaborated that “consistent with this observation, neither the statute nor the Board’s guidelines lists the ankle or the knee as body parts lending themselves to separate SLU awards. Rather, impairments to these extremities are encompassed by awards for the loss of use of the leg (see Workers’ Compensation Law § 15[3][b]; New York State Guidelines for Determining Permanent Impairment and Loss of Wage Earning Capacity § 8, at 43 [2012]).” For that reason, The Court determined the Board properly deducted prior schedules for the claimant’s right knee and ankle to arrive at the claimant’s overall schedule loss of use',0,'2022-04-05 01:06:59','2022-04-05 01:06:59'),(497,46352,46387,'schedule loss','This case has been instrumental in forcing the Judges to account for all prior schedule loss of use awards to a particular extremity, rather than schedules for the same part of the extremity','This case has been instrumental in forcing the Judges to account for <em>all</em> prior <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2018/12/review-of-workers-compensation-board-schedule-loss-of-use-frequently-asked-questions-and-new-permanency-forms/\">schedule loss</a> of use awards to a particular extremity, rather than schedules for the same part of the extremity','This case has been instrumental in forcing the Judges to account for <em>all</em> prior schedule loss of use awards to a particular extremity, rather than schedules for the same part of the extremity','This case has been instrumental in forcing the Judges to account for all prior schedule loss of use awards to a particular extremity, rather than schedules for the same part of the extremity? But what about total joint replacements…?','This case has been instrumental in forcing the Judges to account for <em>all</em> prior schedule loss of use awards to a particular extremity, rather than schedules for the same part of the extremity?',0,'2022-04-05 01:06:59','2022-04-05 01:06:59'),(498,46352,46387,'schedule loss','The 2018 Guidelines for Determining Permanent Impairment, for example, state that for a “good result” following a total knee replacement, a claimant could expect a 35% schedule loss of use award','The 2018 Guidelines for Determining Permanent Impairment, for example, state that for a “good result” following a total knee replacement, a claimant could expect a 35% <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2018/12/review-of-workers-compensation-board-schedule-loss-of-use-frequently-asked-questions-and-new-permanency-forms/\">schedule loss</a> of use award','The 2018 Guidelines for Determining Permanent Impairment, for example, state that for a “good result” following a total knee replacement, a claimant could expect a 35% schedule loss of use award','The 2018 Guidelines for Determining Permanent Impairment, for example, state that for a “good result” following a total knee replacement, a claimant could expect a 35% schedule loss of use award. See Workers’ Compensation Guidelines for Determining Permanent Impairment § 7.5, at 44 (2017).','the Judges to account for <em>all</em> prior schedule loss of use award',0,'2022-04-05 01:06:59','2022-04-05 01:06:59'),(499,46352,46387,'schedule loss','G07778237, the claimant was previously found to have a 17.5% schedule loss of use of the right leg','G07778237, the claimant was previously found to have a 17.5% <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2018/12/review-of-workers-compensation-board-schedule-loss-of-use-frequently-asked-questions-and-new-permanency-forms/\">schedule loss</a> of use of the right leg','G07778237, the claimant was previously found to have a 17.5% schedule loss of use of the right leg','Comp. G07778237, the claimant was previously found to have a 17.5% schedule loss of use of the right leg. The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg.','G07778237, the claimant was previously found to have a 17.5% schedule loss of use of the right leg. The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg.',0,'2022-04-05 01:06:59','2022-04-05 01:06:59'),(500,46352,46387,'schedule loss','The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg','The claimant then had a total knee replacement, with his doctor opining a 40% <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2018/12/review-of-workers-compensation-board-schedule-loss-of-use-frequently-asked-questions-and-new-permanency-forms/\">schedule loss</a> of use of the right leg','The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg','G07778237, the claimant was previously found to have a 17.5% schedule loss of use of the right leg. The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg. The Board affirmed the WCLJ’s determination that the claimant was entitled to an overall 22.5% increase in schedule loss of use.','the Court elaborated that “consistent with this observation, neither the statute nor the Board’s guidelines lists the ankle or the knee as body parts lending themselves to separate SLU awards. Rather, impairments to these extremities are encompassed by awards for the loss of use of the leg (see Workers’ Compensation Law § 15[3][b]; New York State Guidelines for Determining Permanent Impairment and Loss of Wage Earning Capacity § 8, at 43 [2012]).” For that reason, The Court determined the Board properly deducted prior schedules for the claimant’s right knee and ankle to arrive at the claimant’s overall schedule loss of use of the right leg.',0,'2022-04-05 01:06:59','2022-04-05 01:06:59'),(501,46352,46415,'schedule loss of use awards','This case has been instrumental in forcing the Judges to account for all prior schedule loss of use awards to a particular extremity, rather than schedules for the same part of the extremity','This case has been instrumental in forcing the Judges to account for <em>all</em> prior <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2018/03/schedule-loss-of-use-awards-grrrrrrrrr/\">schedule loss of use awards</a> to a particular extremity, rather than schedules for the same part of the extremity','This case has been instrumental in forcing the Judges to account for <em>all</em> prior schedule loss of use awards to a particular extremity, rather than schedules for the same part of the extremity','This case has been instrumental in forcing the Judges to account for all prior schedule loss of use awards to a particular extremity, rather than schedules for the same part of the extremity? But what about total joint replacements…?','This case has been instrumental in forcing the Judges to account for <em>all</em> prior schedule loss of use awards to a particular extremity, rather than schedules for the same part of the extremity?',0,'2022-04-05 01:06:59','2022-04-05 01:06:59'),(502,46352,46415,'schedule loss of use award','The 2018 Guidelines for Determining Permanent Impairment, for example, state that for a “good result” following a total knee replacement, a claimant could expect a 35% schedule loss of use award','The 2018 Guidelines for Determining Permanent Impairment, for example, state that for a “good result” following a total knee replacement, a claimant could expect a 35% <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2018/03/schedule-loss-of-use-awards-grrrrrrrrr/\">schedule loss of use award</a>','The 2018 Guidelines for Determining Permanent Impairment, for example, state that for a “good result” following a total knee replacement, a claimant could expect a 35% schedule loss of use award','The 2018 Guidelines for Determining Permanent Impairment, for example, state that for a “good result” following a total knee replacement, a claimant could expect a 35% schedule loss of use award. See Workers’ Compensation Guidelines for Determining Permanent Impairment § 7.5, at 44 (2017).','the Judges to account for <em>all</em> prior schedule loss of use awards to a particular extremity, rather than schedules for the same part of the extremity? But what about total joint replacements…?',0,'2022-04-05 01:06:59','2022-04-05 01:06:59'),(503,46352,46415,'schedule loss','G07778237, the claimant was previously found to have a 17.5% schedule loss of use of the right leg','G07778237, the claimant was previously found to have a 17.5% <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2018/03/schedule-loss-of-use-awards-grrrrrrrrr/\">schedule loss</a> of use of the right leg','G07778237, the claimant was previously found to have a 17.5% schedule loss of use of the right leg','Comp. G07778237, the claimant was previously found to have a 17.5% schedule loss of use of the right leg. The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg.','G07778237, the claimant was previously found to have a 17.5% schedule loss of use of the right leg. The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg.',0,'2022-04-05 01:06:59','2022-04-05 01:06:59'),(504,46352,46415,'schedule loss','The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg','The claimant then had a total knee replacement, with his doctor opining a 40% <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2018/03/schedule-loss-of-use-awards-grrrrrrrrr/\">schedule loss</a> of use of the right leg','The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg','G07778237, the claimant was previously found to have a 17.5% schedule loss of use of the right leg. The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg. The Board affirmed the WCLJ’s determination that the claimant was entitled to an overall 22.5% increase in schedule loss of use.','the Court elaborated that “consistent with this observation, neither the statute nor the Board’s guidelines lists the ankle or the knee as body parts lending themselves to separate SLU awards. Rather, impairments to these extremities are encompassed by awards for the loss of use of the leg (see Workers’ Compensation Law § 15[3][b]; New York State Guidelines for Determining Permanent Impairment and Loss of Wage Earning Capacity § 8, at 43 [2012]).” For that reason, The Court determined the Board properly deducted prior schedules for the claimant’s right knee and ankle to arrive at the claimant’s overall schedule loss of use of the right leg.',0,'2022-04-05 01:06:59','2022-04-05 01:06:59'),(505,46352,46415,'schedule loss','The Board affirmed the WCLJ’s determination that the claimant was entitled to an overall 22.5% increase in schedule loss of use','The Board affirmed the WCLJ’s determination that the claimant was entitled to an overall 22.5% increase in <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2018/03/schedule-loss-of-use-awards-grrrrrrrrr/\">schedule loss</a> of use','The Board affirmed the WCLJ’s determination that the claimant was entitled to an overall 22.5% increase in schedule loss of use','The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg. The Board affirmed the WCLJ’s determination that the claimant was entitled to an overall 22.5% increase in schedule loss of use.','the Court elaborated that “consistent with this observation, neither the statute nor the Board’s guidelines lists the ankle or the knee as body parts lending themselves to separate SLU awards. Rather, impairments to these extremities are encompassed by awards for the loss of use of the leg (see Workers’ Compensation Law § 15[3][b]; New York State Guidelines for Determining Permanent Impairment and Loss of Wage Earning Capacity § 8, at 43 [2012]).” For that reason, The Court determined the Board properly deducted prior schedules for the claimant’s right knee and ankle to arrive at the claimant’s overall schedule loss of use',0,'2022-04-05 01:06:59','2022-04-05 01:06:59'),(506,46352,46549,'state that for a “good result” following a total','The 2018 Guidelines for Determining Permanent Impairment, for example, state that for a “good result” following a total knee replacement, a claimant could expect a 35% schedule loss of use award','The 2018 Guidelines for Determining Permanent Impairment, for example, <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/04/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/\">state that for a “good result” following a total</a> knee replacement, a claimant could expect a 35% schedule loss of use award','The 2018 Guidelines for Determining Permanent Impairment, for example, state that for a “good result” following a total knee replacement, a claimant could expect a 35% schedule loss of use award','The 2018 Guidelines for Determining Permanent Impairment, for example, state that for a “good result” following a total knee replacement, a claimant could expect a 35% schedule loss of use award. See Workers’ Compensation Guidelines for Determining Permanent Impairment § 7.5, at 44 (2017).','The 2018 Guidelines for Determining Permanent Impairment, for example, state that for a “good result” following a total knee replacement, a claimant could expect a 35% schedule loss of use award.',0,'2022-04-05 01:06:59','2022-04-05 01:06:59'),(507,46352,46549,'found that Genduso applies to total','The Board Panel has specifically found that Genduso applies to total replacements','The Board Panel has specifically found that <u>Genduso</u> applies to total replacements','The Board Panel has specifically found that <u>Genduso</u> applies to total replacements','DO NOT FALL FOR THAT TRAP! The Board Panel has specifically found that Genduso applies to total replacements. In Matter of State University at Purchase, 2020 NY Wrk.','The Board Panel has specifically found that Genduso applies to total replacements',0,'2022-04-05 01:06:59','2022-04-05 01:06:59'),(508,46352,46549,'claimant then had a total','The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg','The <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/04/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/\">claimant then had a total</a> knee replacement, with his doctor opining a 40% schedule loss of use of the right leg','The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg','G07778237, the claimant was previously found to have a 17.5% schedule loss of use of the right leg. The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg. The Board affirmed the WCLJ’s determination that the claimant was entitled to an overall 22.5% increase in schedule loss of use.','The Board Panel has specifically found that <u>Genduso</u> applies to total replacements. In <u>Matter of State University at Purchase</u>, 2020 NY Wrk. Comp. G07778237, the claimant was previously found to have a 17.5% schedule loss of use of the right leg. The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg.',0,'2022-04-05 01:06:59','2022-04-05 01:06:59'),(509,46352,46549,'claimant was previously found','G07778237, the claimant was previously found to have a 17.5% schedule loss of use of the right leg','G07778237, the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/04/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/\">claimant was previously found</a> to have a 17.5% schedule loss of use of the right leg','G07778237, the claimant was previously found to have a 17.5% schedule loss of use of the right leg','Comp. G07778237, the claimant was previously found to have a 17.5% schedule loss of use of the right leg. The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg.','G07778237, the claimant was previously found to have a 17.5% schedule loss of use of the right leg. The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg.',0,'2022-04-05 01:06:59','2022-04-05 01:06:59'),(510,46352,46374,'claimant was previously found to have a 17.5% schedule loss','G07778237, the claimant was previously found to have a 17.5% schedule loss of use of the right leg','G07778237, the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/01/doubling-down-2-hearing-loss-claims-for-the-same-claimant-denied-on-the-same-day/\">claimant was previously found to have a 17.5% schedule loss</a> of use of the right leg','G07778237, the claimant was previously found to have a 17.5% schedule loss of use of the right leg','Comp. G07778237, the claimant was previously found to have a 17.5% schedule loss of use of the right leg. The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg.','G07778237, the claimant was previously found to have a 17.5% schedule loss of use of the right leg. The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg.',0,'2022-04-05 01:06:59','2022-04-05 01:06:59'),(511,46352,46374,'claimant could expect a 35% schedule loss','The 2018 Guidelines for Determining Permanent Impairment, for example, state that for a “good result” following a total knee replacement, a claimant could expect a 35% schedule loss of use award','The 2018 Guidelines for Determining Permanent Impairment, for example, state that for a “good result” following a total knee replacement, a <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/01/doubling-down-2-hearing-loss-claims-for-the-same-claimant-denied-on-the-same-day/\">claimant could expect a 35% schedule loss</a> of use award','The 2018 Guidelines for Determining Permanent Impairment, for example, state that for a “good result” following a total knee replacement, a claimant could expect a 35% schedule loss of use award','The 2018 Guidelines for Determining Permanent Impairment, for example, state that for a “good result” following a total knee replacement, a claimant could expect a 35% schedule loss of use award. See Workers’ Compensation Guidelines for Determining Permanent Impairment § 7.5, at 44 (2017).','The 2018 Guidelines for Determining Permanent Impairment, for example, state that for a “good result” following a total knee replacement, a claimant could expect a 35% schedule loss of use award.',0,'2022-04-05 01:06:59','2022-04-05 01:06:59'),(512,46352,46553,'claimant then had a total','The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg','The <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/03/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/\">claimant then had a total</a> knee replacement, with his doctor opining a 40% schedule loss of use of the right leg','The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg','G07778237, the claimant was previously found to have a 17.5% schedule loss of use of the right leg. The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg. The Board affirmed the WCLJ’s determination that the claimant was entitled to an overall 22.5% increase in schedule loss of use.','The Board Panel has specifically found that <u>Genduso</u> applies to total replacements. In <u>Matter of State University at Purchase</u>, 2020 NY Wrk. Comp. G07778237, the claimant was previously found to have a 17.5% schedule loss of use of the right leg. The claimant then had a total knee replacement, with his doctor opining a 40% schedule loss of use of the right leg.',0,'2022-04-05 01:06:59','2022-04-05 01:06:59'),(513,46352,46553,'claimant could expect','The 2018 Guidelines for Determining Permanent Impairment, for example, state that for a “good result” following a total knee replacement, a claimant could expect a 35% schedule loss of use award','The 2018 Guidelines for Determining Permanent Impairment, for example, state that for a “good result” following a total knee replacement, a <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/03/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/\">claimant could expect</a> a 35% schedule loss of use award','The 2018 Guidelines for Determining Permanent Impairment, for example, state that for a “good result” following a total knee replacement, a claimant could expect a 35% schedule loss of use award','The 2018 Guidelines for Determining Permanent Impairment, for example, state that for a “good result” following a total knee replacement, a claimant could expect a 35% schedule loss of use award. See Workers’ Compensation Guidelines for Determining Permanent Impairment § 7.5, at 44 (2017).','The 2018 Guidelines for Determining Permanent Impairment, for example, state that for a “good result” following a total knee replacement, a claimant could expect a 35% schedule loss of use award.',0,'2022-04-05 01:06:59','2022-04-05 01:06:59'),(514,46193,46343,'notice to my then employer','After those interviews, I made the life-altering decision to give notice to my then employer','After those interviews, I made the life-altering decision to give <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/05/employers-do-not-have-to-prove-prejudice-by-late-notice-but-it-certainly-doesnt-hurt-to-do-so/\">notice to my then employer</a>','After those interviews, I made the life-altering decision to give notice to my then employer','After those interviews, I made the life-altering decision to give notice to my then employer. It was an easy decision to make, as I had been unhappy there for a LOOONG time.','After those interviews, I made the life-altering decision to give notice to my then employer. It was an easy decision to make, as I had been unhappy there for a LOOONG time.',0,'2022-04-05 01:07:00','2022-04-05 01:07:00'),(515,46193,46512,'members (including me) –','When I was hired (full time, by the way), there were five attorneys and three staff members (including me) – 8 of us','When I was hired (full time, by the way), there were five attorneys and three staff <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/09/board-process-re-engineering-bpr-ny-workers-compensation-forum-members-should-be-included-in-the-dialogue/\">members (including me) –</a> 8 of us','When I was hired (full time, by the way), there were five attorneys and three staff members (including me) – 8 of us','When I was hired (full time, by the way), there were five attorneys and three staff members (including me) – 8 of us. We now have 35 employees in total (including our fearless leaders).','When I was hired (full time, by the way), there were five attorneys and three staff members (including me) – 8 of us.',0,'2022-04-05 01:07:00','2022-04-05 01:07:00'),(516,46433,46502,'costs of the claimant’s addiction treatment','Finally, once there is a ruling that weaning is required the insurer is to cover the costs of the claimant’s addiction treatment program, weaning protocol, and medications through the duration of the weaning process','Finally, once there is a ruling that weaning is required the insurer is to cover the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/11/non-acute-pain-medical-treatment-guidelines-offer-a-framework-for-controlling-costs-associated-with-chronic-pain-management-especially-opioid-use/\">costs of the claimant’s addiction treatment</a> program, weaning protocol, and medications through the duration of the weaning process','Finally, once there is a ruling that weaning is required the insurer is to cover the costs of the claimant’s addiction treatment program, weaning protocol, and medications through the duration of the weaning process','Finally, once there is a ruling that weaning is required the insurer is to cover the costs of the claimant’s addiction treatment program, weaning protocol, and medications through the duration of the weaning process.','Finally, once there is a ruling that weaning is required the insurer is to cover the costs of the claimant’s addiction treatment program, weaning protocol, and medications through the duration of the weaning process.',0,'2022-04-05 01:07:01','2022-04-05 01:07:01'),(517,46433,46502,'opioid medications','To further effectuate this goal the Board has created a process for hearings addressing opioid medications','To further effectuate this goal the Board has created a process for hearings addressing <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/11/non-acute-pain-medical-treatment-guidelines-offer-a-framework-for-controlling-costs-associated-with-chronic-pain-management-especially-opioid-use/\">opioid medications</a>','To further effectuate this goal the Board has created a process for hearings addressing opioid medications','In support of this new process the Board recognizes that the Non-Acute Pain Medical Treatment Guidelines clearly indicate that long-term opioid use is recommended in only limited circumstances, involves constant clinical monitoring and reevaluation, and requires best practices for safe weaning of workers from opioid medications. To further effectuate this goal the Board has created a process for hearings addressing opioid medications.','Today the Board issued Subject Number 064 – 892 which creates a “hearing process” for addressing opioid weaning issues. In support of this new process the Board recognizes that the Non-Acute Pain Medical Treatment Guidelines clearly indicate that long-term opioid use is recommended in only limited circumstances, involves constant clinical monitoring and reevaluation, and requires best practices for safe weaning of workers from opioid medications. To further effectuate this goal the Board has created a process for hearings addressing opioid medications.',0,'2022-04-05 01:07:01','2022-04-05 01:07:01'),(518,46433,46503,'medication treatment','This effectively places whether a claimant’s opioid medication treatment is within the Non-Acute Pain Medical Treatment Guidelines on the expedited hearing calendar','This effectively places whether a claimant’s opioid <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/11/in-kigin-v-wcb-the-court-of-appeals-upholds-the-presumption-that-treatment-outside-the-mtgs-is-not-medically-necessary-and-the-attending-physician-has-the-burden-of-proof-of-the-need-for-a-variance/\">medication treatment</a> is within the Non-Acute Pain Medical Treatment Guidelines on the expedited hearing calendar','This effectively places whether a claimant’s opioid medication treatment is within the Non-Acute Pain Medical Treatment Guidelines on the expedited hearing calendar','This effectively places whether a claimant’s opioid medication treatment is within the Non-Acute Pain Medical Treatment Guidelines on the expedited hearing calendar.  A link to the subject number is below.','This effectively places whether a claimant’s opioid medication treatment is within the Non-Acute Pain Medical Treatment Guidelines on the expedited hearing calendar.',0,'2022-04-05 01:07:01','2022-04-05 01:07:01'),(519,46433,46543,'medication treatment','This effectively places whether a claimant’s opioid medication treatment is within the Non-Acute Pain Medical Treatment Guidelines on the expedited hearing calendar','This effectively places whether a claimant’s opioid <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/07/did-you-know-the-third-department-holds-that-medical-treatment-which-is-not-specifically-included-in-the-mtg-is-presumptively-not-medically-necessary/\">medication treatment</a> is within the Non-Acute Pain Medical Treatment Guidelines on the expedited hearing calendar','This effectively places whether a claimant’s opioid medication treatment is within the Non-Acute Pain Medical Treatment Guidelines on the expedited hearing calendar','This effectively places whether a claimant’s opioid medication treatment is within the Non-Acute Pain Medical Treatment Guidelines on the expedited hearing calendar.  A link to the subject number is below.','This effectively places whether a claimant’s opioid medication treatment is within the Non-Acute Pain Medical Treatment Guidelines on the expedited hearing calendar.',0,'2022-04-05 01:07:01','2022-04-05 01:07:01'),(520,46119,48276,'law including workers’ compensation,','She has been working in the legal field for more than 15 years in various areas of law including workers’ compensation, litigation and estates, and she is always eager to learn more','She has been working in the legal field for more than 15 years in various areas of <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/amherst-workers-compensation-defense-law-office/\">law including workers’ compensation,</a> litigation and estates, and she is always eager to learn more','She has been working in the legal field for more than 15 years in various areas of law including workers’ compensation, litigation and estates, and she is always eager to learn more','She holds an associate degree in paralegal studies from Bryan and Stratton College, where she graduated with the highest honors. She has been working in the legal field for more than 15 years in various areas of law including workers’ compensation, litigation and estates, and she is always eager to learn more. She enjoys being part of such a dynamic team and prides herself in working well with others.','She holds an associate degree in paralegal studies from Bryan and Stratton College, where she graduated with the highest honors. She has been working in the legal field for more than 15 years in various areas of law including workers’ compensation, litigation and estates, and she is always eager to learn more.',0,'2022-04-05 01:07:02','2022-04-05 01:07:02'),(521,46119,46512,'including workers’ compensation,','She has been working in the legal field for more than 15 years in various areas of law including workers’ compensation, litigation and estates, and she is always eager to learn more','She has been working in the legal field for more than 15 years in various areas of law <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/09/board-process-re-engineering-bpr-ny-workers-compensation-forum-members-should-be-included-in-the-dialogue/\">including workers’ compensation,</a> litigation and estates, and she is always eager to learn more','She has been working in the legal field for more than 15 years in various areas of law including workers’ compensation, litigation and estates, and she is always eager to learn more','She holds an associate degree in paralegal studies from Bryan and Stratton College, where she graduated with the highest honors. She has been working in the legal field for more than 15 years in various areas of law including workers’ compensation, litigation and estates, and she is always eager to learn more. She enjoys being part of such a dynamic team and prides herself in working well with others.','She holds an associate degree in paralegal studies from Bryan and Stratton College, where she graduated with the highest honors. She has been working in the legal field for more than 15 years in various areas of law including workers’ compensation, litigation and estates, and she is always eager to learn more.',0,'2022-04-05 01:07:02','2022-04-05 01:07:02'),(522,46119,46421,'workers’ compensation,','She has been working in the legal field for more than 15 years in various areas of law including workers’ compensation, litigation and estates, and she is always eager to learn more','She has been working in the legal field for more than 15 years in various areas of law including <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2017/10/how-to-avoid-bad-luck-in-your-comp-claims-this-friday-the-13th-some-basic-time-constraints-for-new-york-state-workers-compensation-claims-to-keep-in-mind/\">workers’ compensation,</a> litigation and estates, and she is always eager to learn more','She has been working in the legal field for more than 15 years in various areas of law including workers’ compensation, litigation and estates, and she is always eager to learn more','She holds an associate degree in paralegal studies from Bryan and Stratton College, where she graduated with the highest honors. She has been working in the legal field for more than 15 years in various areas of law including workers’ compensation, litigation and estates, and she is always eager to learn more. She enjoys being part of such a dynamic team and prides herself in working well with others.','She holds an associate degree in paralegal studies from Bryan and Stratton College, where she graduated with the highest honors. She has been working in the legal field for more than 15 years in various areas of law including workers’ compensation, litigation and estates, and she is always eager to learn more.',0,'2022-04-05 01:07:02','2022-04-05 01:07:02'),(523,46119,46486,'workers’ compensation,','She has been working in the legal field for more than 15 years in various areas of law including workers’ compensation, litigation and estates, and she is always eager to learn more','She has been working in the legal field for more than 15 years in various areas of law including <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/08/test-your-ny-workers-compensation-chops/\">workers’ compensation,</a> litigation and estates, and she is always eager to learn more','She has been working in the legal field for more than 15 years in various areas of law including workers’ compensation, litigation and estates, and she is always eager to learn more','She holds an associate degree in paralegal studies from Bryan and Stratton College, where she graduated with the highest honors. She has been working in the legal field for more than 15 years in various areas of law including workers’ compensation, litigation and estates, and she is always eager to learn more. She enjoys being part of such a dynamic team and prides herself in working well with others.','She holds an associate degree in paralegal studies from Bryan and Stratton College, where she graduated with the highest honors. She has been working in the legal field for more than 15 years in various areas of law including workers’ compensation, litigation and estates, and she is always eager to learn more.',0,'2022-04-05 01:07:02','2022-04-05 01:07:02'),(524,46119,46555,'workers’ compensation,','She has been working in the legal field for more than 15 years in various areas of law including workers’ compensation, litigation and estates, and she is always eager to learn more','She has been working in the legal field for more than 15 years in various areas of law including <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/02/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/\">workers’ compensation,</a> litigation and estates, and she is always eager to learn more','She has been working in the legal field for more than 15 years in various areas of law including workers’ compensation, litigation and estates, and she is always eager to learn more','She holds an associate degree in paralegal studies from Bryan and Stratton College, where she graduated with the highest honors. She has been working in the legal field for more than 15 years in various areas of law including workers’ compensation, litigation and estates, and she is always eager to learn more. She enjoys being part of such a dynamic team and prides herself in working well with others.','She holds an associate degree in paralegal studies from Bryan and Stratton College, where she graduated with the highest honors. She has been working in the legal field for more than 15 years in various areas of law including workers’ compensation, litigation and estates, and she is always eager to learn more.',0,'2022-04-05 01:07:02','2022-04-05 01:07:02'),(525,46480,46486,'workers’ compensation','Well, after writing for a while, and then writing some more, it became clear that this issue, like almost every issue in New York workers’ compensation claims may be basic, but it nevertheless carries around a lot of baggage in the form of rules, exceptions to rules, unique circumstances and even sometimes exceptions to exceptions of rules','Well, after writing for a while, and then writing some more, it became clear that this issue, like almost every issue in New York <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/08/test-your-ny-workers-compensation-chops/\">workers’ compensation</a> claims may be basic, but it nevertheless carries around a lot of baggage in the form of rules, exceptions to rules, unique circumstances and even sometimes exceptions to exceptions of rules','Well, after writing for a while, and then writing some more, it became clear that this issue, like almost every issue in New York workers’ compensation claims may be basic, but it nevertheless carries around a lot of baggage in the form of rules, exceptions to rules, unique circumstances and even sometimes exceptions to exceptions of rules','Simple enough of a topic, right?  Well, after writing for a while, and then writing some more, it became clear that this issue, like almost every issue in New York workers’ compensation claims may be basic, but it nevertheless carries around a lot of baggage in the form of rules, exceptions to rules, unique circumstances and even sometimes exceptions to exceptions of rules.  The legal aspects of calculating and setting an AWW don’t fit into a neat box, and the topic sprawls without any hope of control.','Well, after writing for a while, and then writing some more, it became clear that this issue, like almost every issue in New York workers’ compensation claims may be basic, but it nevertheless carries around a lot of baggage in the form of rules, exceptions to rules, unique circumstances and even sometimes exceptions to exceptions of rules.',0,'2022-04-05 01:07:05','2022-04-05 01:07:05'),(526,46480,46486,'workers’ compensation','The Average Weekly Wage (“AWW”) is one of the most basic, and often-times overlooked findings made in a workers’ compensation claim','The Average Weekly Wage (“AWW”) is one of the most basic, and often-times overlooked findings made in a <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/08/test-your-ny-workers-compensation-chops/\">workers’ compensation</a> claim','The Average Weekly Wage (“AWW”) is one of the most basic, and often-times overlooked findings made in a workers’ compensation claim','The Average Weekly Wage (“AWW”) is one of the most basic, and often-times overlooked findings made in a workers’ compensation claim.  Given the skyrocketing maximum rates, huge schedule awards and, of course, the often-present ATF deposit, controlling and minimizing an average weekly wage findings can pay dividends down the road when benefits are awarded in periods of weeks, months or even years.','then writing some more, it became clear that this issue, like almost every issue in New York workers’ compensation claim',0,'2022-04-05 01:07:05','2022-04-05 01:07:05'),(527,46480,46486,'workers’ compensation','At this point you must be asking (because I’m asking it myself all the time!) what does all this nonsense about multiple have to do with keeping workers’ compensation costs down','At this point you must be asking (because I’m asking it myself all the time!) what does all this nonsense about multiple have to do with keeping <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/08/test-your-ny-workers-compensation-chops/\">workers’ compensation</a> costs down','At this point you must be asking (because I’m asking it myself all the time!) what does all this nonsense about multiple have to do with keeping workers’ compensation costs down','At this point you must be asking (because I’m asking it myself all the time!) what does all this nonsense about multiple have to do with keeping workers’ compensation costs down?  The simple answer is: sometimes everything. ','At this point you must be asking (because I’m asking it myself all the time!) what does all this nonsense about multiple have to do with keeping workers’ compensation costs down?',0,'2022-04-05 01:07:05','2022-04-05 01:07:05'),(528,46480,46512,'workers’ compensation','Well, after writing for a while, and then writing some more, it became clear that this issue, like almost every issue in New York workers’ compensation claims may be basic, but it nevertheless carries around a lot of baggage in the form of rules, exceptions to rules, unique circumstances and even sometimes exceptions to exceptions of rules','Well, after writing for a while, and then writing some more, it became clear that this issue, like almost every issue in New York <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/09/board-process-re-engineering-bpr-ny-workers-compensation-forum-members-should-be-included-in-the-dialogue/\">workers’ compensation</a> claims may be basic, but it nevertheless carries around a lot of baggage in the form of rules, exceptions to rules, unique circumstances and even sometimes exceptions to exceptions of rules','Well, after writing for a while, and then writing some more, it became clear that this issue, like almost every issue in New York workers’ compensation claims may be basic, but it nevertheless carries around a lot of baggage in the form of rules, exceptions to rules, unique circumstances and even sometimes exceptions to exceptions of rules','Simple enough of a topic, right?  Well, after writing for a while, and then writing some more, it became clear that this issue, like almost every issue in New York workers’ compensation claims may be basic, but it nevertheless carries around a lot of baggage in the form of rules, exceptions to rules, unique circumstances and even sometimes exceptions to exceptions of rules.  The legal aspects of calculating and setting an AWW don’t fit into a neat box, and the topic sprawls without any hope of control.','Well, after writing for a while, and then writing some more, it became clear that this issue, like almost every issue in New York workers’ compensation claims may be basic, but it nevertheless carries around a lot of baggage in the form of rules, exceptions to rules, unique circumstances and even sometimes exceptions to exceptions of rules.',0,'2022-04-05 01:07:05','2022-04-05 01:07:05'),(529,46480,46512,'workers’ compensation','The Average Weekly Wage (“AWW”) is one of the most basic, and often-times overlooked findings made in a workers’ compensation claim','The Average Weekly Wage (“AWW”) is one of the most basic, and often-times overlooked findings made in a <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/09/board-process-re-engineering-bpr-ny-workers-compensation-forum-members-should-be-included-in-the-dialogue/\">workers’ compensation</a> claim','The Average Weekly Wage (“AWW”) is one of the most basic, and often-times overlooked findings made in a workers’ compensation claim','The Average Weekly Wage (“AWW”) is one of the most basic, and often-times overlooked findings made in a workers’ compensation claim.  Given the skyrocketing maximum rates, huge schedule awards and, of course, the often-present ATF deposit, controlling and minimizing an average weekly wage findings can pay dividends down the road when benefits are awarded in periods of weeks, months or even years.','then writing some more, it became clear that this issue, like almost every issue in New York workers’ compensation claim',0,'2022-04-05 01:07:05','2022-04-05 01:07:05'),(530,46480,46512,'workers’ compensation','At this point you must be asking (because I’m asking it myself all the time!) what does all this nonsense about multiple have to do with keeping workers’ compensation costs down','At this point you must be asking (because I’m asking it myself all the time!) what does all this nonsense about multiple have to do with keeping <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/09/board-process-re-engineering-bpr-ny-workers-compensation-forum-members-should-be-included-in-the-dialogue/\">workers’ compensation</a> costs down','At this point you must be asking (because I’m asking it myself all the time!) what does all this nonsense about multiple have to do with keeping workers’ compensation costs down','At this point you must be asking (because I’m asking it myself all the time!) what does all this nonsense about multiple have to do with keeping workers’ compensation costs down?  The simple answer is: sometimes everything. ','At this point you must be asking (because I’m asking it myself all the time!) what does all this nonsense about multiple have to do with keeping workers’ compensation costs down?',0,'2022-04-05 01:07:05','2022-04-05 01:07:05'),(531,46480,46555,'workers’ compensation','Well, after writing for a while, and then writing some more, it became clear that this issue, like almost every issue in New York workers’ compensation claims may be basic, but it nevertheless carries around a lot of baggage in the form of rules, exceptions to rules, unique circumstances and even sometimes exceptions to exceptions of rules','Well, after writing for a while, and then writing some more, it became clear that this issue, like almost every issue in New York <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/02/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/\">workers’ compensation</a> claims may be basic, but it nevertheless carries around a lot of baggage in the form of rules, exceptions to rules, unique circumstances and even sometimes exceptions to exceptions of rules','Well, after writing for a while, and then writing some more, it became clear that this issue, like almost every issue in New York workers’ compensation claims may be basic, but it nevertheless carries around a lot of baggage in the form of rules, exceptions to rules, unique circumstances and even sometimes exceptions to exceptions of rules','Simple enough of a topic, right?  Well, after writing for a while, and then writing some more, it became clear that this issue, like almost every issue in New York workers’ compensation claims may be basic, but it nevertheless carries around a lot of baggage in the form of rules, exceptions to rules, unique circumstances and even sometimes exceptions to exceptions of rules.  The legal aspects of calculating and setting an AWW don’t fit into a neat box, and the topic sprawls without any hope of control.','Well, after writing for a while, and then writing some more, it became clear that this issue, like almost every issue in New York workers’ compensation claims may be basic, but it nevertheless carries around a lot of baggage in the form of rules, exceptions to rules, unique circumstances and even sometimes exceptions to exceptions of rules.',0,'2022-04-05 01:07:05','2022-04-05 01:07:05'),(532,46480,46555,'workers’ compensation','The Average Weekly Wage (“AWW”) is one of the most basic, and often-times overlooked findings made in a workers’ compensation claim','The Average Weekly Wage (“AWW”) is one of the most basic, and often-times overlooked findings made in a <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/02/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/\">workers’ compensation</a> claim','The Average Weekly Wage (“AWW”) is one of the most basic, and often-times overlooked findings made in a workers’ compensation claim','The Average Weekly Wage (“AWW”) is one of the most basic, and often-times overlooked findings made in a workers’ compensation claim.  Given the skyrocketing maximum rates, huge schedule awards and, of course, the often-present ATF deposit, controlling and minimizing an average weekly wage findings can pay dividends down the road when benefits are awarded in periods of weeks, months or even years.','then writing some more, it became clear that this issue, like almost every issue in New York workers’ compensation claim',0,'2022-04-05 01:07:05','2022-04-05 01:07:05'),(533,46480,46555,'workers’ compensation','At this point you must be asking (because I’m asking it myself all the time!) what does all this nonsense about multiple have to do with keeping workers’ compensation costs down','At this point you must be asking (because I’m asking it myself all the time!) what does all this nonsense about multiple have to do with keeping <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/02/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/\">workers’ compensation</a> costs down','At this point you must be asking (because I’m asking it myself all the time!) what does all this nonsense about multiple have to do with keeping workers’ compensation costs down','At this point you must be asking (because I’m asking it myself all the time!) what does all this nonsense about multiple have to do with keeping workers’ compensation costs down?  The simple answer is: sometimes everything. ','At this point you must be asking (because I’m asking it myself all the time!) what does all this nonsense about multiple have to do with keeping workers’ compensation costs down?',0,'2022-04-05 01:07:05','2022-04-05 01:07:05'),(534,46480,46421,'workers’ compensation claim','The Average Weekly Wage (“AWW”) is one of the most basic, and often-times overlooked findings made in a workers’ compensation claim','The Average Weekly Wage (“AWW”) is one of the most basic, and often-times overlooked findings made in a <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2017/10/how-to-avoid-bad-luck-in-your-comp-claims-this-friday-the-13th-some-basic-time-constraints-for-new-york-state-workers-compensation-claims-to-keep-in-mind/\">workers’ compensation claim</a>','The Average Weekly Wage (“AWW”) is one of the most basic, and often-times overlooked findings made in a workers’ compensation claim','The Average Weekly Wage (“AWW”) is one of the most basic, and often-times overlooked findings made in a workers’ compensation claim.  Given the skyrocketing maximum rates, huge schedule awards and, of course, the often-present ATF deposit, controlling and minimizing an average weekly wage findings can pay dividends down the road when benefits are awarded in periods of weeks, months or even years.','then writing some more, it became clear that this issue, like almost every issue in New York workers’ compensation claims may be basic, but it nevertheless carries around a lot of baggage in the form of rules, exceptions to rules, unique circumstances and even sometimes exceptions to exceptions of rules.  The legal aspects of calculating and setting an AWW don’t fit into a neat box, and the topic sprawls without any hope of control.',0,'2022-04-05 01:07:05','2022-04-05 01:07:05'),(535,46480,46421,'workers’ compensation','At this point you must be asking (because I’m asking it myself all the time!) what does all this nonsense about multiple have to do with keeping workers’ compensation costs down','At this point you must be asking (because I’m asking it myself all the time!) what does all this nonsense about multiple have to do with keeping <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2017/10/how-to-avoid-bad-luck-in-your-comp-claims-this-friday-the-13th-some-basic-time-constraints-for-new-york-state-workers-compensation-claims-to-keep-in-mind/\">workers’ compensation</a> costs down','At this point you must be asking (because I’m asking it myself all the time!) what does all this nonsense about multiple have to do with keeping workers’ compensation costs down','At this point you must be asking (because I’m asking it myself all the time!) what does all this nonsense about multiple have to do with keeping workers’ compensation costs down?  The simple answer is: sometimes everything. ','At this point you must be asking (because I’m asking it myself all the time!) what does all this nonsense about multiple have to do with keeping workers’ compensation costs down?',0,'2022-04-05 01:07:05','2022-04-05 01:07:05'),(536,46480,46421,'comp claim','They work less, and sometime far less, than 260 days in the year preceding their accident, but they benefit from their time off when the file a comp claim','They work less, and sometime far less, than 260 days in the year preceding their accident, but they benefit from their time off when the file a <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2017/10/how-to-avoid-bad-luck-in-your-comp-claims-this-friday-the-13th-some-basic-time-constraints-for-new-york-state-workers-compensation-claims-to-keep-in-mind/\">comp claim</a>','They work less, and sometime far less, than 260 days in the year preceding their accident, but they benefit from their time off when the file a comp claim','The result?  They work less, and sometime far less, than 260 days in the year preceding their accident, but they benefit from their time off when the file a comp claim.  And if they do file that claim, you’re going to pay for those 260 full days anyway when the AWW is calculated unless you take steps to defend yourself. ','They work less, and sometime far less, than 260 days in the year preceding their accident, but they benefit from their time off when the file a comp claim.  And if they do file that claim, you’re going to pay for those 260 full days anyway when the AWW is calculated unless you take steps to defend yourself.  The opposite is true for the worker who manages to put in more than his or her 260 days, they actually lose credit for those days using a multiple calculation.  Let’s look at a common example:',0,'2022-04-05 01:07:05','2022-04-05 01:07:05'),(537,46480,46478,'claims handling','From a claims handling perspective, the jumping-off point for calculating an AWW is always a C-240','From a <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/08/claims-handling-performance/\">claims handling</a> perspective, the jumping-off point for calculating an AWW is always a C-240','From a claims handling perspective, the jumping-off point for calculating an AWW is always a C-240','From a claims handling perspective, the jumping-off point for calculating an AWW is always a C-240.  This ubiquitous form shows up in nearly every claim before the Board:','From a claims handling perspective, the jumping-off point for calculating an AWW is always a C-240.',0,'2022-04-05 01:07:05','2022-04-05 01:07:05'),(538,46480,46387,'schedule of a five-day or six-day worker','What the Board can, and oftentimes does, do, is look deeper into the claimant’s wage statement to see if the claimant’s pattern of employment matches the schedule of a five-day or six-day worker','What the Board can, and oftentimes does, do, is look deeper into the claimant’s wage statement to see if the claimant’s pattern of employment matches the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2018/12/review-of-workers-compensation-board-schedule-loss-of-use-frequently-asked-questions-and-new-permanency-forms/\">schedule of a five-day or six-day worker</a>','What the Board can, and oftentimes does, do, is look deeper into the claimant’s wage statement to see if the claimant’s pattern of employment matches the schedule of a five-day or six-day worker','What the Board can, and oftentimes does, do, is look deeper into the claimant’s wage statement to see if the claimant’s pattern of employment matches the schedule of a five-day or six-day worker.  Usually, and as you might expect, this deeper analysis predominantly gives the claimant a benefit, and the Board has disregarded its own guidelines to grant a 260 multiple to workers who didn’t even come close to their own guidelines. ','What the Board can, and oftentimes does, do, is look deeper into the claimant’s wage statement to see if the claimant’s pattern of employment matches the schedule of a five-day or six-day worker.  Usually, and as you might expect, this deeper analysis predominantly gives the claimant a benefit, and the Board has disregarded its own guidelines to grant a 260 multiple to workers who didn’t even come close to their own guidelines.  <u>New Era Cap</u>, 2007 NY Wrk Comp 80600990 (223 days worked gets a 260 multiple); <u>Matter of Carrier Coach Inc.</u>, 2008 NY Wrk Comp 80702783 (226 days gets a 260 multiple);<u> Norampac Industries</u>, 2014 NY Wrk. Comp. 0605684 (216 days gets a 260 multiple).',0,'2022-04-05 01:07:05','2022-04-05 01:07:05'),(539,46480,46387,'worker in question','Once the daily wage is established, a “multiple” is selected from among the three available depending upon the “type” of worker in question','Once the daily wage is established, a “multiple” is selected from among the three available depending upon the “type” of <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2018/12/review-of-workers-compensation-board-schedule-loss-of-use-frequently-asked-questions-and-new-permanency-forms/\">worker in question</a>','Once the daily wage is established, a “multiple” is selected from among the three available depending upon the “type” of worker in question','Under WCL § 14, a claimant’s wage is calculated using a “multiple” method of averaging a claimant’s wages by using the wage data provided by the employer/carrier to first determine a claimant’s average daily wage.  Once the daily wage is established, a “multiple” is selected from among the three available depending upon the “type” of worker in question.','Once the daily wage is established, a “multiple” is selected from among the three available depending upon the “type” of worker in question.',0,'2022-04-05 01:07:05','2022-04-05 01:07:05'),(540,46480,46371,'claimant for some 23 days of work','Employee A is getting an average weekly wage that is premised on an annual income here that is artificially (mathematically) inflated by crediting the claimant for some 23 days of work (and extra $3,396.64)','<em>Employee A is getting an average weekly wage that is premised on an annual income here that is artificially (mathematically) inflated by crediting the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">claimant for some 23 days of work</a> (and extra $3,396.64)','<em>Employee A is getting an average weekly wage that is premised on an annual income here that is artificially (mathematically) inflated by crediting the claimant for some 23 days of work (and extra $3,396.64)','Employee A is getting an average weekly wage that is premised on an annual income here that is artificially (mathematically) inflated by crediting the claimant for some 23 days of work (and extra $3,396.64)  that he simply didn’t perform and he simply didn’t earn. ','<em>Employee A is getting an average weekly wage that is premised on an annual income here that is artificially (mathematically) inflated by crediting the claimant for some 23 days of work (and extra $3,396.64',0,'2022-04-05 01:07:05','2022-04-05 01:07:05'),(541,46480,46371,'worked by the claimant','Ruling for the carrier on appeal, the Board Panel invoked WCL § 14(3) to institute a “205-day multiple” which just-so happened to be the exact number of days worked by the claimant on her C-240','Ruling for the carrier on appeal, the Board Panel invoked WCL § 14(3) to institute a “205-day multiple” which just-so happened to be the exact number of days <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">worked by the claimant</a> on her C-240','Ruling for the carrier on appeal, the Board Panel invoked WCL § 14(3) to institute a “205-day multiple” which just-so happened to be the exact number of days worked by the claimant on her C-240','On appeal, the carrier argued that the use of a 260 multiple artificially inflated the claimant’s average weekly wage rendering a 260 multiple an “unfair” representation of the claimant’s earnings.  Ruling for the carrier on appeal, the Board Panel invoked WCL § 14(3) to institute a “205-day multiple” which just-so happened to be the exact number of days worked by the claimant on her C-240.  Applying this multiple, then applying the 1/52 provision of WCL § 14(4) resulted in an AWW identical to the AWW obtained by using a 52-week divisor.','Ruling for the carrier on appeal, the Board Panel invoked WCL § 14(3) to institute a “205-day multiple” which just-so happened to be the exact number of days worked by the claimant on her C-240.',0,'2022-04-05 01:07:05','2022-04-05 01:07:05'),(542,46480,46371,'worked by a claimant','weeks worked by a claimant','weeks <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">worked by a claimant</a>','weeks worked by a claimant','In each of these cases the Board’s analysis turned on the number of five-day, four-day, three-day etc. weeks worked by a claimant.  In Norampac, for example, the Board reported that the claimant’s payroll showed 29 “five-day” weeks, 13 “four-day” weeks and 4 “three-day weeks” while the balance of the payroll was absence due to disability or vacation. ','weeks worked by a claimant.  In <u>Norampac</u>, for example, the Board reported that the claimant’s payroll showed 29 “five-day” weeks, 13 “four-day” weeks and 4 “three-day weeks” while the balance of the payroll was absence due to disability or vacation.  The Board held that “clearly the majority of the weeks worked by the claimant during the year preceding his work accident were five-day weeks” and imposed a 260 multiple.',0,'2022-04-05 01:07:05','2022-04-05 01:07:05'),(543,46480,46371,'worked by the claimant','The Board held that “clearly the majority of the weeks worked by the claimant during the year preceding his work accident were five-day weeks” and imposed a 260 multiple','The Board held that “clearly the majority of the weeks <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">worked by the claimant</a> during the year preceding his work accident were five-day weeks” and imposed a 260 multiple','The Board held that “clearly the majority of the weeks worked by the claimant during the year preceding his work accident were five-day weeks” and imposed a 260 multiple','In Norampac, for example, the Board reported that the claimant’s payroll showed 29 “five-day” weeks, 13 “four-day” weeks and 4 “three-day weeks” while the balance of the payroll was absence due to disability or vacation.  The Board held that “clearly the majority of the weeks worked by the claimant during the year preceding his work accident were five-day weeks” and imposed a 260 multiple.','the Board has repeatedly utilized WCL § 14(3) to generate AWWs which, mathematically, match the use of a divisor.  WCL § 14(3) permits the calculation of an AWW “based on the claimant’s previous earnings . . . during the year before the injury”  if the use of a multiple “cannot be fairly applied.”  For example, in <u>Waterfront Health Care</u> <u>Center</u>, 2014 NY Wrk. Comp. 0601971 the AWW was set, over the carrier’s objection, using a 260 multiple.  On appeal, the carrier argued that the use of a 260 multiple artificially inflated the claimant’s average weekly wage rendering a 260 multiple an “unfair” representation of the claimant’s earnings.  Ruling for the carrier on appeal, the Board Panel invoked WCL § 14(3) to institute a “205-day multiple” which just-so happened to be the exact number of days worked by the claimant on her C-240.  Applying this multiple',0,'2022-04-05 01:07:05','2022-04-05 01:07:05'),(544,46480,46371,'claimant a benefit','Usually, and as you might expect, this deeper analysis predominantly gives the claimant a benefit, and the Board has disregarded its own guidelines to grant a 260 multiple to workers who didn’t even come close to their own guidelines','Usually, and as you might expect, this deeper analysis predominantly gives the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">claimant a benefit</a>, and the Board has disregarded its own guidelines to grant a 260 multiple to workers who didn’t even come close to their own guidelines','Usually, and as you might expect, this deeper analysis predominantly gives the claimant a benefit, and the Board has disregarded its own guidelines to grant a 260 multiple to workers who didn’t even come close to their own guidelines','What the Board can, and oftentimes does, do, is look deeper into the claimant’s wage statement to see if the claimant’s pattern of employment matches the schedule of a five-day or six-day worker.  Usually, and as you might expect, this deeper analysis predominantly gives the claimant a benefit, and the Board has disregarded its own guidelines to grant a 260 multiple to workers who didn’t even come close to their own guidelines.  New Era Cap, 2007 NY Wrk Comp 80600990 (223 days worked gets a 260 multiple); Matter of Carrier Coach Inc., 2008 NY Wrk Comp 80702783 (226 days gets a 260 multiple); Norampac Industries, 2014 NY Wrk.','Usually, and as you might expect, this deeper analysis predominantly gives the claimant a benefit, and the Board has disregarded its own guidelines to grant a 260 multiple to workers who didn’t even come close to their own guidelines.',0,'2022-04-05 01:07:05','2022-04-05 01:07:05'),(545,46480,46371,'claimant work','Out of the 52 weeks preceding his injury, the claimant work four-days a week for 36 weeks; six-days a week for 8 weeks; five-days a week for 4 weeks; three days a week for 2 weeks; two-days a week for 1 week; and 0 days for 1 week','Out of the 52 weeks preceding his injury, the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">claimant work</a> four-days a week for 36 weeks; six-days a week for 8 weeks; five-days a week for 4 weeks; three days a week for 2 weeks; two-days a week for 1 week; and 0 days for 1 week','Out of the 52 weeks preceding his injury, the claimant work four-days a week for 36 weeks; six-days a week for 8 weeks; five-days a week for 4 weeks; three days a week for 2 weeks; two-days a week for 1 week; and 0 days for 1 week','The C-240 filed indicated that the claimant was a four-day a week hourly worker. Out of the 52 weeks preceding his injury, the claimant work four-days a week for 36 weeks; six-days a week for 8 weeks; five-days a week for 4 weeks; three days a week for 2 weeks; two-days a week for 1 week; and 0 days for 1 week. The gross amount paid to the claimant was $28,782.88.','Out of the 52 weeks preceding his injury, the claimant work four-days a week for 36 weeks; six-days a week for 8 weeks; five-days a week for 4 weeks; three days a week for 2 weeks; two-days a week for 1 week; and 0 days for 1 week.',0,'2022-04-05 01:07:05','2022-04-05 01:07:05'),(546,46480,46370,'comp claim','They work less, and sometime far less, than 260 days in the year preceding their accident, but they benefit from their time off when the file a comp claim','They work less, and sometime far less, than 260 days in the year preceding their accident, but they benefit from their time off when the file a <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/02/occupational-disease-claims-after-matter-of-pinnacle-industries-ii-llc-2019-ny-wrk-comp-g2020587/\">comp claim</a>','They work less, and sometime far less, than 260 days in the year preceding their accident, but they benefit from their time off when the file a comp claim','The result?  They work less, and sometime far less, than 260 days in the year preceding their accident, but they benefit from their time off when the file a comp claim.  And if they do file that claim, you’re going to pay for those 260 full days anyway when the AWW is calculated unless you take steps to defend yourself. ','They work less, and sometime far less, than 260 days in the year preceding their accident, but they benefit from their time off when the file a comp claim.  And if they do file that claim, you’re going to pay for those 260 full days anyway when the AWW is calculated unless you take steps to defend yourself.  The opposite is true for the worker who manages to put in more than his or her 260 days, they actually lose credit for those days using a multiple calculation.  Let’s look at a common example:',0,'2022-04-05 01:07:05','2022-04-05 01:07:05'),(547,46480,46350,'accident she worked','Employee A, a five-day worker, is injured on the job, and in the 52 weeks preceding the accident she worked 237 days and earned $35,000.00','Employee A, a five-day worker, is injured on the job, and in the 52 weeks preceding the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/03/when-do-work-from-home-accidents-occur-in-the-scope-and-course-of-employment/\">accident she worked</a> 237 days and earned $35,000.00','Employee A, a five-day worker, is injured on the job, and in the 52 weeks preceding the accident she worked 237 days and earned $35,000.00','Employee A, a five-day worker, is injured on the job, and in the 52 weeks preceding the accident she worked 237 days and earned $35,000.00.  To use a 260 multiple, we would first calculate a daily wage ($35K/237 days) which is $147.68. ','Employee A, a five-day worker, is injured on the job, and in the 52 weeks preceding the accident she worked 237 days and earned $35,000.00.',0,'2022-04-05 01:07:05','2022-04-05 01:07:05'),(548,46480,46374,'claimant for some 23 days','Employee A is getting an average weekly wage that is premised on an annual income here that is artificially (mathematically) inflated by crediting the claimant for some 23 days of work (and extra $3,396.64)','<em>Employee A is getting an average weekly wage that is premised on an annual income here that is artificially (mathematically) inflated by crediting the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/01/doubling-down-2-hearing-loss-claims-for-the-same-claimant-denied-on-the-same-day/\">claimant for some 23 days</a> of work (and extra $3,396.64)','<em>Employee A is getting an average weekly wage that is premised on an annual income here that is artificially (mathematically) inflated by crediting the claimant for some 23 days of work (and extra $3,396.64)','Employee A is getting an average weekly wage that is premised on an annual income here that is artificially (mathematically) inflated by crediting the claimant for some 23 days of work (and extra $3,396.64)  that he simply didn’t perform and he simply didn’t earn. ','<em>Employee A is getting an average weekly wage that is premised on an annual income here that is artificially (mathematically) inflated by crediting the claimant for some 23 days of work (and extra $3,396.64',0,'2022-04-05 01:07:05','2022-04-05 01:07:05'),(549,46480,46511,'reference for guiding employers and carriers','Many of you might jump to form C-240, which carries a nifty reference for guiding employers and carriers about which method of calculation they should use:','Many of you might jump to form C-240, which carries a nifty <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/10/less-than-twelve-weeks-remaining-for-wcl-%c2%a725-a-because-subject-046-630-contains-stricter-requirements-for-reopening-a-claim-on-the-issue-of-%c2%a725-a-prudent-carriers-and-employers-may-want/\">reference for guiding employers and carriers</a> about which method of calculation they should use:','Many of you might jump to form C-240, which carries a nifty reference for guiding employers and carriers about which method of calculation they should use:','Many of you might jump to form C-240, which carries a nifty reference for guiding employers and carriers about which method of calculation they should use:','Many of you might jump to form C-240, which carries a nifty reference for guiding employers and carriers about which method of calculation they should use',0,'2022-04-05 01:07:05','2022-04-05 01:07:05'),(550,46480,46546,'employers and carriers','Many of you might jump to form C-240, which carries a nifty reference for guiding employers and carriers about which method of calculation they should use:','Many of you might jump to form C-240, which carries a nifty reference for guiding <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/07/did-you-know-an-employer-or-carrier-may-be-able-to-reopen-a-ppd-claim-on-the-issue-of-labor-market-attachment/\">employers and carriers</a> about which method of calculation they should use:','Many of you might jump to form C-240, which carries a nifty reference for guiding employers and carriers about which method of calculation they should use:','Many of you might jump to form C-240, which carries a nifty reference for guiding employers and carriers about which method of calculation they should use:','Many of you might jump to form C-240, which carries a nifty reference for guiding employers and carriers about which method of calculation they should use',0,'2022-04-05 01:07:05','2022-04-05 01:07:05'),(551,46480,46236,'case law; but as with so much case law','The threshold of 234 days for a 5-day worker is not a creature of statute, and the best we can say is that it is a guideline followed by Board case law; but as with so much case law published by the Board, there is little pattern to their application of these “instructional” figures','The threshold of 234 days for a 5-day worker is not a creature of statute, and the best we can say is that it is a guideline followed by Board <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/client-resources/case-law-updates-lomad-case-law-updates/\">case law; but as with so much case law</a> published by the Board, there is little pattern to their application of these “instructional” figures','The threshold of 234 days for a 5-day worker is not a creature of statute, and the best we can say is that it is a guideline followed by Board case law; but as with so much case law published by the Board, there is little pattern to their application of these “instructional” figures','Neither the WCL, nor the entire Code of Rules and Regulations make any reference to any of the figures or guideposts.  The threshold of 234 days for a 5-day worker is not a creature of statute, and the best we can say is that it is a guideline followed by Board case law; but as with so much case law published by the Board, there is little pattern to their application of these “instructional” figures.  See Matter of New Era Cap, 2007 NY','there is some legal basis for these “instructions.”  Neither the WCL, nor the entire Code of Rules and Regulations make any reference to any of the figures or guideposts.  The threshold of 234 days for a 5-day worker is not a creature of statute, and the best we can say is that it is a guideline followed by Board case law; but as with so much case law published by the Board, there is little pattern to their application of these “instructional” figures.',0,'2022-04-05 01:07:05','2022-04-05 01:07:05'),(552,46480,46236,'case law','Okay, so that’s admittedly a lot of case law, and you’re eyes might be glazing over; but don’t leave yet','Okay, so that’s admittedly a lot of <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/client-resources/case-law-updates-lomad-case-law-updates/\">case law</a>, and you’re eyes might be glazing over; but don’t leave yet','Okay, so that’s admittedly a lot of case law, and you’re eyes might be glazing over; but don’t leave yet','Okay, so that’s admittedly a lot of case law, and you’re eyes might be glazing over; but don’t leave yet.  All that law was cited to illustrate the point that AWW is an issue literally chocked-full of exceptions, unique circumstances and oftentimes contradictory results. ','Okay, so that’s admittedly a lot of case law, and you’re eyes might be glazing over; but don’t leave yet.',0,'2022-04-05 01:07:05','2022-04-05 01:07:05'),(553,46378,46511,'employer or carrier','In 12 NYCRR 300.22(f)(2), the significant change is that if a payor is not making payments in a situation where payments would otherwise be due but for a credit or an overpayment on the file, the payor must indicate on the SROI, “the amount of such total amount claimed and the amount credited by the carrier, special fund or third-party administrator from the payment due.” Hence, where an employer or carrier takes the position that it has an overpayment on the file the SROI which relieves it of an otherwise ongoing obligation to make payments, the SROI must now indicate the amount of the overpayment and how much is being credited against the payment that is otherwise due','In 12 NYCRR 300.22(f)(2), the significant change is that if a payor is not making payments in a situation where payments would otherwise be due but for a credit or an overpayment on the file, the payor must indicate on the SROI, “the amount of such total amount claimed and the amount credited by the carrier, special fund or third-party administrator from the payment due.” Hence, where an <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/10/less-than-twelve-weeks-remaining-for-wcl-%c2%a725-a-because-subject-046-630-contains-stricter-requirements-for-reopening-a-claim-on-the-issue-of-%c2%a725-a-prudent-carriers-and-employers-may-want/\">employer or carrier</a> takes the position that it has an overpayment on the file the SROI which relieves it of an otherwise ongoing obligation to make payments, the SROI must now indicate the amount of the overpayment and how much is being credited against the payment that is otherwise due','In 12 NYCRR 300.22(f)(2), the significant change is that if a payor is not making payments in a situation where payments would otherwise be due but for a credit or an overpayment on the file, the payor must indicate on the SROI, “the amount of such total amount claimed and the amount credited by the carrier, special fund or third-party administrator from the payment due.” Hence, where an employer or carrier takes the position that it has an overpayment on the file the SROI which relieves it of an otherwise ongoing obligation to make payments, the SROI must now indicate the amount of the overpayment and how much is being credited against the payment that is otherwise due','In 12 NYCRR 300.22(f)(2), the significant change is that if a payor is not making payments in a situation where payments would otherwise be due but for a credit or an overpayment on the file, the payor must indicate on the SROI, “the amount of such total amount claimed and the amount credited by the carrier, special fund or third-party administrator from the payment due.” Hence, where an employer or carrier takes the position that it has an overpayment on the file the SROI which relieves it of an otherwise ongoing obligation to make payments, the SROI must now indicate the amount of the overpayment and how much is being credited against the payment that is otherwise due.','In 12 NYCRR 300.22(f)(2), the significant change is that if a payor is not making payments in a situation where payments would otherwise be due but for a credit or an overpayment on the file, the payor must indicate on the SROI, “the amount of such total amount claimed and the amount credited by the carrier, special fund or third-party administrator from the payment due.” Hence, where an employer or carrier takes the position that it has an overpayment on the file the SROI which relieves it of an otherwise ongoing obligation to make payments, the SROI must now indicate the amount of the overpayment and how much is being credited against the payment that is otherwise due.',0,'2022-04-05 01:45:53','2022-04-05 01:45:53'),(554,46378,46546,'employer or carrier','In 12 NYCRR 300.22(f)(2), the significant change is that if a payor is not making payments in a situation where payments would otherwise be due but for a credit or an overpayment on the file, the payor must indicate on the SROI, “the amount of such total amount claimed and the amount credited by the carrier, special fund or third-party administrator from the payment due.” Hence, where an employer or carrier takes the position that it has an overpayment on the file the SROI which relieves it of an otherwise ongoing obligation to make payments, the SROI must now indicate the amount of the overpayment and how much is being credited against the payment that is otherwise due','In 12 NYCRR 300.22(f)(2), the significant change is that if a payor is not making payments in a situation where payments would otherwise be due but for a credit or an overpayment on the file, the payor must indicate on the SROI, “the amount of such total amount claimed and the amount credited by the carrier, special fund or third-party administrator from the payment due.” Hence, where an <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/07/did-you-know-an-employer-or-carrier-may-be-able-to-reopen-a-ppd-claim-on-the-issue-of-labor-market-attachment/\">employer or carrier</a> takes the position that it has an overpayment on the file the SROI which relieves it of an otherwise ongoing obligation to make payments, the SROI must now indicate the amount of the overpayment and how much is being credited against the payment that is otherwise due','In 12 NYCRR 300.22(f)(2), the significant change is that if a payor is not making payments in a situation where payments would otherwise be due but for a credit or an overpayment on the file, the payor must indicate on the SROI, “the amount of such total amount claimed and the amount credited by the carrier, special fund or third-party administrator from the payment due.” Hence, where an employer or carrier takes the position that it has an overpayment on the file the SROI which relieves it of an otherwise ongoing obligation to make payments, the SROI must now indicate the amount of the overpayment and how much is being credited against the payment that is otherwise due','In 12 NYCRR 300.22(f)(2), the significant change is that if a payor is not making payments in a situation where payments would otherwise be due but for a credit or an overpayment on the file, the payor must indicate on the SROI, “the amount of such total amount claimed and the amount credited by the carrier, special fund or third-party administrator from the payment due.” Hence, where an employer or carrier takes the position that it has an overpayment on the file the SROI which relieves it of an otherwise ongoing obligation to make payments, the SROI must now indicate the amount of the overpayment and how much is being credited against the payment that is otherwise due.','In 12 NYCRR 300.22(f)(2), the significant change is that if a payor is not making payments in a situation where payments would otherwise be due but for a credit or an overpayment on the file, the payor must indicate on the SROI, “the amount of such total amount claimed and the amount credited by the carrier, special fund or third-party administrator from the payment due.” Hence, where an employer or carrier takes the position that it has an overpayment on the file the SROI which relieves it of an otherwise ongoing obligation to make payments, the SROI must now indicate the amount of the overpayment and how much is being credited against the payment that is otherwise due.',0,'2022-04-05 01:45:53','2022-04-05 01:45:53'),(555,46378,46340,'medical care and wages pain','As was the case before the changes, the reports must include compensation payments, payments for medical care and wages pain instead of compensation where the claim is not disputed','As was the case before the changes, the reports must include compensation payments, payments for <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/07/pain-is-not-enough-for-prima-facie-medical-evidence/\">medical care and wages pain</a> instead of compensation where the claim is not disputed','As was the case before the changes, the reports must include compensation payments, payments for medical care and wages pain instead of compensation where the claim is not disputed','The second substantial change to §300.22 addresses summary reports of payments. As was the case before the changes, the reports must include compensation payments, payments for medical care and wages pain instead of compensation where the claim is not disputed.','As was the case before the changes, the reports must include compensation payments, payments for medical care and wages pain instead of compensation where the claim is not disputed.',0,'2022-04-05 01:45:53','2022-04-05 01:45:53'),(556,46378,46502,'medical care and wages pain','As was the case before the changes, the reports must include compensation payments, payments for medical care and wages pain instead of compensation where the claim is not disputed','As was the case before the changes, the reports must include compensation payments, payments for <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2014/11/non-acute-pain-medical-treatment-guidelines-offer-a-framework-for-controlling-costs-associated-with-chronic-pain-management-especially-opioid-use/\">medical care and wages pain</a> instead of compensation where the claim is not disputed','As was the case before the changes, the reports must include compensation payments, payments for medical care and wages pain instead of compensation where the claim is not disputed','The second substantial change to §300.22 addresses summary reports of payments. As was the case before the changes, the reports must include compensation payments, payments for medical care and wages pain instead of compensation where the claim is not disputed.','As was the case before the changes, the reports must include compensation payments, payments for medical care and wages pain instead of compensation where the claim is not disputed.',0,'2022-04-05 01:45:53','2022-04-05 01:45:53'),(557,46378,46506,'medical care','As was the case before the changes, the reports must include compensation payments, payments for medical care and wages pain instead of compensation where the claim is not disputed','As was the case before the changes, the reports must include compensation payments, payments for <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2014/09/navigating-the-low-back-medical-treatment-guidelines-for-chiropractic-care/\">medical care</a> and wages pain instead of compensation where the claim is not disputed','As was the case before the changes, the reports must include compensation payments, payments for medical care and wages pain instead of compensation where the claim is not disputed','The second substantial change to §300.22 addresses summary reports of payments. As was the case before the changes, the reports must include compensation payments, payments for medical care and wages pain instead of compensation where the claim is not disputed.','As was the case before the changes, the reports must include compensation payments, payments for medical care and wages pain instead of compensation where the claim is not disputed.',0,'2022-04-05 01:45:53','2022-04-05 01:45:53'),(558,46378,46553,'alleged overpayment of benefits to the claimant','In the event that the carrier, self-insured employer or third-party-administrator seeks to recover for an alleged overpayment of benefits to the claimant, such carrier, self-insured employer or third-party administrator must file notice to the Board in the format prescribed by the Chair that identifies the amount of such overpayment','In the event that the carrier, self-insured employer or third-party-administrator seeks to recover for an <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/03/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/\">alleged overpayment of benefits to the claimant</a>, such carrier, self-insured employer or third-party administrator must file notice to the Board in the format prescribed by the Chair that identifies the amount of such overpayment','In the event that the carrier, self-insured employer or third-party-administrator seeks to recover for an alleged overpayment of benefits to the claimant, such carrier, self-insured employer or third-party administrator must file notice to the Board in the format prescribed by the Chair that identifies the amount of such overpayment','In the event that the carrier, self-insured employer or third-party-administrator seeks to recover for an alleged overpayment of benefits to the claimant, such carrier, self-insured employer or third-party administrator must file notice to the Board in the format prescribed by the Chair that identifies the amount of such overpayment. Such prescribed notice shall be due as follows:','In the event that the carrier, self-insured employer or third-party-administrator seeks to recover for an alleged overpayment of benefits to the claimant, such carrier, self-insured employer or third-party administrator must file notice to the Board in the format prescribed by the Chair that identifies the amount of such overpayment.',0,'2022-04-05 01:45:53','2022-04-05 01:45:53'),(559,46378,46371,'benefits to the claimant','In the event that the carrier, self-insured employer or third-party-administrator seeks to recover for an alleged overpayment of benefits to the claimant, such carrier, self-insured employer or third-party administrator must file notice to the Board in the format prescribed by the Chair that identifies the amount of such overpayment','In the event that the carrier, self-insured employer or third-party-administrator seeks to recover for an alleged overpayment of <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">benefits to the claimant</a>, such carrier, self-insured employer or third-party administrator must file notice to the Board in the format prescribed by the Chair that identifies the amount of such overpayment','In the event that the carrier, self-insured employer or third-party-administrator seeks to recover for an alleged overpayment of benefits to the claimant, such carrier, self-insured employer or third-party administrator must file notice to the Board in the format prescribed by the Chair that identifies the amount of such overpayment','In the event that the carrier, self-insured employer or third-party-administrator seeks to recover for an alleged overpayment of benefits to the claimant, such carrier, self-insured employer or third-party administrator must file notice to the Board in the format prescribed by the Chair that identifies the amount of such overpayment. Such prescribed notice shall be due as follows:','In the event that the carrier, self-insured employer or third-party-administrator seeks to recover for an alleged overpayment of benefits to the claimant, such carrier, self-insured employer or third-party administrator must file notice to the Board in the format prescribed by the Chair that identifies the amount of such overpayment.',0,'2022-04-05 01:45:53','2022-04-05 01:45:53'),(560,46378,46374,'days prior to the hearing','If a payor is going to be requesting a recovery at a hearing, the notice identifying the amount of the overpayment must be filed at least 10 days prior to the hearing','If a payor is going to be requesting a recovery at a hearing, the notice identifying the amount of the overpayment must be filed at least 10 <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/doubling-down-2-hearing-loss-claims-for-the-same-claimant-denied-on-the-same-day/\">days prior to the hearing</a>','If a payor is going to be requesting a recovery at a hearing, the notice identifying the amount of the overpayment must be filed at least 10 days prior to the hearing','If a payor is going to be requesting a recovery at a hearing, the notice identifying the amount of the overpayment must be filed at least 10 days prior to the hearing. Judges are directed not to address overpayments if the requisite notice is not filed at least 10 days prior to the hearing.','If a payor is going to be requesting a recovery at a hearing, the notice identifying the amount of the overpayment must be filed at least 10 days prior to the hearing. Judges are directed not to address overpayments if the requisite notice is not filed at least 10 days prior to the hearing.',0,'2022-04-05 01:45:53','2022-04-05 01:45:53'),(561,46378,46374,'days prior to the hearing','Judges are directed not to address overpayments if the requisite notice is not filed at least 10 days prior to the hearing','Judges are directed not to address overpayments if the requisite notice is not filed at least 10 <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/doubling-down-2-hearing-loss-claims-for-the-same-claimant-denied-on-the-same-day/\">days prior to the hearing</a>','Judges are directed not to address overpayments if the requisite notice is not filed at least 10 days prior to the hearing','If a payor is going to be requesting a recovery at a hearing, the notice identifying the amount of the overpayment must be filed at least 10 days prior to the hearing. Judges are directed not to address overpayments if the requisite notice is not filed at least 10 days prior to the hearing.','Judges are directed not to address overpayments if the requisite notice is not filed at least 10 days prior to the hearing.',0,'2022-04-05 01:45:53','2022-04-05 01:45:53'),(562,46089,46371,'claimant was working','The claimant was working at a laundromat, but claimed that she was not getting paid and was just in training','The <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">claimant was working</a> at a laundromat, but claimed that she was not getting paid and was just in training','The claimant was working at a laundromat, but claimed that she was not getting paid and was just in training','Our firm was tapped into the case late and there were some issues with the prior litigation. The claimant was working at a laundromat, but claimed that she was not getting paid and was just in training. We had surveillance that helped with that issue but the Board lost the digital audio recording of the claimant’s testimony.','the case late and there were some issues with the prior litigation. The claimant was working at a laundromat, but claimed that she was not getting paid and was just in training. We had surveillance that helped with that issue but the Board lost the digital audio recording of the claimant’s testimony. So, the claimant essentially got a redo of her testimony after she had already seen all our evidence. She was thus able to change her testimony and tailor it to our proofs. Where we were able to focus was the claimant’s assertion that she was not paid until AFTER we raised fraud and she disclosed her work-activity because she was training',0,'2022-04-05 01:45:54','2022-04-05 01:45:54'),(569,46421,46371,'work –','Oh no, an employee just walked under a ladder at work – and well, it fell on him','Oh no, an employee just walked under a ladder at <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">work –</a> and well, it fell on him','Oh no, an employee just walked under a ladder at work – and well, it fell on him','Oh no, an employee just walked under a ladder at work – and well, it fell on him. Looks like his bad luck did not waste any time coming.','Oh no, an employee just walked under a ladder at work – and well, it fell on him.',0,'2022-04-05 01:45:56','2022-04-05 01:45:56'),(570,46421,46371,'work –','This time, you see her walking while on your way to the parking lot after work – 17 days after ceasing payments on a Workers’ Compensation claim','This time, you see her walking while on your way to the parking lot after <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">work –</a> <em>17 days</em> after ceasing payments on a Workers’ Compensation claim','This time, you see her walking while on your way to the parking lot after work – <em>17 days</em> after ceasing payments on a Workers’ Compensation claim','That black cat from way back when is still running around causing all kinds of bad luck shenanigans (she has exceptional cardio). This time, you see her walking while on your way to the parking lot after work – 17 days after ceasing payments on a Workers’ Compensation claim. That cat has a crooked smile, and here’s why: WCL § 25(1)(d) requires a carrier who ceases payments on a claim for any reason to file with the Board a SROI announcing this action within 16 days.','This time, you see her walking while on your way to the parking lot after work – <em>17 days</em> after ceasing payments on a Workers’ Compensation claim. That cat has a crooked smile, and here’s why: WCL § 25(1)(d) requires a carrier who ceases payments on a claim',0,'2022-04-05 01:45:56','2022-04-05 01:45:56'),(571,46421,46350,'work to report said injury to his employer','This section of the WCL statute places a burden on an employee who sustains an injury at work to report said injury to his employer within 30 days of its occurrence','This section of the WCL statute places a burden on an employee who sustains an injury at <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/03/when-do-work-from-home-accidents-occur-in-the-scope-and-course-of-employment/\">work to report said injury to his employer</a> <strong><u>within 30 days of its occurrence</u></strong>','This section of the WCL statute places a burden on an employee who sustains an injury at work to report said injury to his employer <strong><u>within 30 days of its occurrence</u></strong>','This employee will now have an impending Workers’ Compensation claim, however, he must comply with WCL § 18. This section of the WCL statute places a burden on an employee who sustains an injury at work to report said injury to his employer within 30 days of its occurrence. Now technically, § 18 requires that this notice be in writing, with certain enumerated requirements.','This employee will now have an impending Workers’ Compensation claim, however, he must comply with WCL § 18. This section of the WCL statute places a burden on an employee who sustains an injury at work to report said injury to his employer <strong><u>within 30 days of its occurrence</u>',0,'2022-04-05 01:45:56','2022-04-05 01:45:56'),(572,46421,46350,'accident occurred,','Unfortunately, that black cat gets the last laugh, because on Day 26 the carrier just lost the ability to raise the defenses that no employee-employer relationship existed, no accident occurred, and the injury did not arise out of and in the course of employment','Unfortunately, that black cat gets the last laugh, because on Day 26 the carrier just lost the ability to raise the defenses that no employee-employer relationship existed, no <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/03/when-do-work-from-home-accidents-occur-in-the-scope-and-course-of-employment/\">accident occurred,</a> and the injury did not arise out of and in the course of employment','Unfortunately, that black cat gets the last laugh, because on Day 26 the carrier just lost the ability to raise the defenses that no employee-employer relationship existed, no accident occurred, and the injury did not arise out of and in the course of employment','Pursuant to §25(2)(b), a carrier is required to file a response (aka SROI-04 Notice of Controversy) to a Notice of Indexing with the Board within 25 days of receipt of a Notice of Indexing. Unfortunately, that black cat gets the last laugh, because on Day 26 the carrier just lost the ability to raise the defenses that no employee-employer relationship existed, no accident occurred, and the injury did not arise out of and in the course of employment.','Unfortunately, that black cat gets the last laugh, because on Day 26 the carrier just lost the ability to raise the defenses that no employee-employer relationship existed, no accident occurred, and the injury did not arise out of and in the course of employment.',0,'2022-04-05 01:45:56','2022-04-05 01:45:56'),(573,46421,46343,'notice to his employer','Having already given notice to his employer within 30 days, he must also inform someone else – the Board','Having already given <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/05/employers-do-not-have-to-prove-prejudice-by-late-notice-but-it-certainly-doesnt-hurt-to-do-so/\">notice to his employer</a> within 30 days, he must also inform someone else – the Board','Having already given notice to his employer within 30 days, he must also inform someone else – the Board','Back to that injured employee with a ladder bruise. Having already given notice to his employer within 30 days, he must also inform someone else – the Board. WCL § 28 requires that all claims for Workers’ Compensation be filed with the Chair of the Board within two years after the date of the accident. ','Having already given notice to his employer within 30 days, he must also inform someone else – the Board. WCL § 28 requires that all claims for Workers’ Compensation be filed with the Chair of the Board',0,'2022-04-05 01:45:56','2022-04-05 01:45:56'),(574,46421,46511,'carrier just lost the ability to raise the defenses','Unfortunately, that black cat gets the last laugh, because on Day 26 the carrier just lost the ability to raise the defenses that no employee-employer relationship existed, no accident occurred, and the injury did not arise out of and in the course of employment','Unfortunately, that black cat gets the last laugh, because on Day 26 the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/10/less-than-twelve-weeks-remaining-for-wcl-%c2%a725-a-because-subject-046-630-contains-stricter-requirements-for-reopening-a-claim-on-the-issue-of-%c2%a725-a-prudent-carriers-and-employers-may-want/\">carrier just lost the ability to raise the defenses</a> that no employee-employer relationship existed, no accident occurred, and the injury did not arise out of and in the course of employment','Unfortunately, that black cat gets the last laugh, because on Day 26 the carrier just lost the ability to raise the defenses that no employee-employer relationship existed, no accident occurred, and the injury did not arise out of and in the course of employment','Pursuant to §25(2)(b), a carrier is required to file a response (aka SROI-04 Notice of Controversy) to a Notice of Indexing with the Board within 25 days of receipt of a Notice of Indexing. Unfortunately, that black cat gets the last laugh, because on Day 26 the carrier just lost the ability to raise the defenses that no employee-employer relationship existed, no accident occurred, and the injury did not arise out of and in the course of employment.','Unfortunately, that black cat gets the last laugh, because on Day 26 the carrier just lost the ability to raise the defenses that no employee-employer relationship existed, no accident occurred, and the injury did not arise out of and in the course of employment.',0,'2022-04-05 01:45:56','2022-04-05 01:45:56'),(575,46421,46511,'requirement will bar an injured worker from claiming','A failure to comply with this two-year requirement will bar an injured worker from claiming any benefits','A failure to comply with this two-year <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/10/less-than-twelve-weeks-remaining-for-wcl-%c2%a725-a-because-subject-046-630-contains-stricter-requirements-for-reopening-a-claim-on-the-issue-of-%c2%a725-a-prudent-carriers-and-employers-may-want/\">requirement will bar an injured worker from claiming</a> any benefits','A failure to comply with this two-year requirement will bar an injured worker from claiming any benefits','This injured employee may have dodged his back luck from the ladder if he did not strictly comply with § 18 notice, but he may want to clean up his act dealing with § 28. A failure to comply with this two-year requirement will bar an injured worker from claiming any benefits.','ack to that injured employee with a ladder bruise. Having already given notice to his employer within 30 days, he must also inform someone else – the Board. WCL § 28 requires that all claims for Workers’ Compensation be filed with the Chair of the Board <strong><u>within two years after the date of the accident</u></strong>.  This injured employee may have dodged his back luck from the ladder if he did not strictly comply with § 18 notice, but he may want to clean up his act dealing with § 28. A failure to comply with this two-year requirement will bar an injured worker from claiming any benefits.',0,'2022-04-05 01:45:56','2022-04-05 01:45:56'),(576,46421,46511,'carrier is required','Pursuant to §25(2)(b), a carrier is required to file a response (aka SROI-04 Notice of Controversy) to a Notice of Indexing with the Board within 25 days of receipt of a Notice of Indexing','Pursuant to §25(2)(b), a <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/10/less-than-twelve-weeks-remaining-for-wcl-%c2%a725-a-because-subject-046-630-contains-stricter-requirements-for-reopening-a-claim-on-the-issue-of-%c2%a725-a-prudent-carriers-and-employers-may-want/\">carrier is required</a> to file a response (aka SROI-04 Notice of Controversy) to a Notice of Indexing with the Board <strong><u>within 25 days of receipt of a Notice of Indexing</u></strong>','Pursuant to §25(2)(b), a carrier is required to file a response (aka SROI-04 Notice of Controversy) to a Notice of Indexing with the Board <strong><u>within 25 days of receipt of a Notice of Indexing</u></strong>','Well, I am willing to bet you also crossed paths with an ominous-looking black cat on your way to work that morning, because you just missed your WCL § 25(2)(b) window. Pursuant to §25(2)(b), a carrier is required to file a response (aka SROI-04 Notice of Controversy) to a Notice of Indexing with the Board within 25 days of receipt of a Notice of Indexing. Unfortunately, that black cat gets the last laugh, because on Day 26 the carrier just lost the ability to raise the defenses that no employee-employer relationship existed, no accident occurred, and the injury did not arise out of and in the course of employment.','Pursuant to §25(2)(b), a carrier is required to file a response (aka SROI-04 Notice of Controversy) to a Notice of Indexing with the Board <strong><u>within 25 days of receipt of a Notice of Indexing</u>',0,'2022-04-05 01:45:56','2022-04-05 01:45:56'),(577,46421,46370,'claim to the Board for occupational diseases','Please note, this time constraint is the same to comply with § 28 in the context of making a claim to the Board for occupational diseases','Please note, this time constraint <strong>is the same to comply with § 28</strong> in the context of making a <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/02/occupational-disease-claims-after-matter-of-pinnacle-industries-ii-llc-2019-ny-wrk-comp-g2020587/\">claim to the Board for occupational diseases</a>','Please note, this time constraint <strong>is the same to comply with § 28</strong> in the context of making a claim to the Board for occupational diseases','WCL § 45 states that the § 18 notice period is extended to two years after the claimant becomes disable, or after the claimant knew or should have known the disease was due to the nature of the employment, whichever is later. Please note, this time constraint is the same to comply with § 28 in the context of making a claim to the Board for occupational diseases. All of that salt swingin’ protected this employee for an additional 23 months, not bad.','Please note, this time constraint <strong>is the same to comply with § 28</strong> in the context of making a claim to the Board for occupational diseases. All of that salt swingin’ protected this employee for an additional 23 months, not bad.',0,'2022-04-05 01:45:56','2022-04-05 01:45:56'),(578,46421,46370,'claim an occupational disease','Well, unsurprisingly, her back seems to hurt a lot, so she wants to claim an occupational disease','Well, unsurprisingly, her back seems to hurt a lot, so she wants to <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/02/occupational-disease-claims-after-matter-of-pinnacle-industries-ii-llc-2019-ny-wrk-comp-g2020587/\">claim an occupational disease</a>','Well, unsurprisingly, her back seems to hurt a lot, so she wants to claim an occupational disease','She is so superstitious in fact, for years she chucks bags of salt over her shoulder at work in order avoid some bad mojo. Well, unsurprisingly, her back seems to hurt a lot, so she wants to claim an occupational disease. You may be thinking about that 30 day notice requirement, but the WCL handles § 18 notice in a more lax way for occupational diseases.','Well, unsurprisingly, her back seems to hurt a lot, so she wants to claim an occupational disease. You may be thinking about that 30 day notice requirement, but the WCL handles § 18 notice in a more lax way for occupational diseases. WCL § 45 states that the § 18 notice period is extended to <strong><u>two years after the claimant becomes disable, or after the claimant knew or should have known the disease was due to the nature of the employment, whichever is later</u></strong>. Please note, this time constraint <strong>is the same to comply with § 28</strong> in the context of making a claim to the Board for occupational diseases. All of that salt swingin’ protected this employee for an additional 23 months, not bad.',0,'2022-04-05 01:45:56','2022-04-05 01:45:56'),(579,46421,46370,'occupational diseases','You may be thinking about that 30 day notice requirement, but the WCL handles § 18 notice in a more lax way for occupational diseases','You may be thinking about that 30 day notice requirement, but the WCL handles § 18 notice in a more lax way for <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/02/occupational-disease-claims-after-matter-of-pinnacle-industries-ii-llc-2019-ny-wrk-comp-g2020587/\">occupational diseases</a>','You may be thinking about that 30 day notice requirement, but the WCL handles § 18 notice in a more lax way for occupational diseases','Well, unsurprisingly, her back seems to hurt a lot, so she wants to claim an occupational disease. You may be thinking about that 30 day notice requirement, but the WCL handles § 18 notice in a more lax way for occupational diseases. WCL § 45 states that the § 18 notice period is extended to two years after the claimant becomes disable, or after the claimant knew or should have known the disease was due to the nature of the employment, whichever is later.','You may be thinking about that 30 day notice requirement, but the WCL handles § 18 notice in a more lax way for occupational diseases. WCL § 45 states that the § 18 notice period is extended to <strong><u>two years after the claimant becomes disable, or after the claimant knew or should have known the disease was due to the nature of the employment, whichever is later</u></strong>. Please note, this time constraint <strong>is the same to comply with § 28</strong> in the context of making a claim to the Board for occupational diseases. All of that salt swingin’ protected this employee for an additional 23 months, not bad.',0,'2022-04-05 01:45:56','2022-04-05 01:45:56'),(580,46421,46348,'occupational disease','Well, unsurprisingly, her back seems to hurt a lot, so she wants to claim an occupational disease','Well, unsurprisingly, her back seems to hurt a lot, so she wants to claim an <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/04/section-44-not-even-a-portion-of-liability-for-the-occupational-disease/\">occupational disease</a>','Well, unsurprisingly, her back seems to hurt a lot, so she wants to claim an occupational disease','She is so superstitious in fact, for years she chucks bags of salt over her shoulder at work in order avoid some bad mojo. Well, unsurprisingly, her back seems to hurt a lot, so she wants to claim an occupational disease. You may be thinking about that 30 day notice requirement, but the WCL handles § 18 notice in a more lax way for occupational diseases.','Well, unsurprisingly, her back seems to hurt a lot, so she wants to claim an occupational disease. You may be thinking about that 30 day notice requirement, but the WCL handles § 18 notice in a more lax way for occupational diseases. WCL § 45 states that the § 18 notice period is extended to <strong><u>two years after the claimant becomes disable, or after the claimant knew or should have known the disease was due to the nature of the employment, whichever is later</u></strong>. Please note, this time constraint <strong>is the same to comply with § 28</strong> in the context of making a claim to the Board for occupational diseases. All of that salt swingin’ protected this employee for an additional 23 months, not bad.',0,'2022-04-05 01:45:56','2022-04-05 01:45:56'),(581,46421,46348,'occupational diseases','You may be thinking about that 30 day notice requirement, but the WCL handles § 18 notice in a more lax way for occupational diseases','You may be thinking about that 30 day notice requirement, but the WCL handles § 18 notice in a more lax way for <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/04/section-44-not-even-a-portion-of-liability-for-the-occupational-disease/\">occupational diseases</a>','You may be thinking about that 30 day notice requirement, but the WCL handles § 18 notice in a more lax way for occupational diseases','Well, unsurprisingly, her back seems to hurt a lot, so she wants to claim an occupational disease. You may be thinking about that 30 day notice requirement, but the WCL handles § 18 notice in a more lax way for occupational diseases. WCL § 45 states that the § 18 notice period is extended to two years after the claimant becomes disable, or after the claimant knew or should have known the disease was due to the nature of the employment, whichever is later.','You may be thinking about that 30 day notice requirement, but the WCL handles § 18 notice in a more lax way for occupational diseases. WCL § 45 states that the § 18 notice period is extended to <strong><u>two years after the claimant becomes disable, or after the claimant knew or should have known the disease was due to the nature of the employment, whichever is later</u></strong>. Please note, this time constraint <strong>is the same to comply with § 28</strong> in the context of making a claim to the Board for occupational diseases. All of that salt swingin’ protected this employee for an additional 23 months, not bad.',0,'2022-04-05 01:45:56','2022-04-05 01:45:56'),(582,46421,46348,'occupational diseases','Please note, this time constraint is the same to comply with § 28 in the context of making a claim to the Board for occupational diseases','Please note, this time constraint <strong>is the same to comply with § 28</strong> in the context of making a claim to the Board for <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/04/section-44-not-even-a-portion-of-liability-for-the-occupational-disease/\">occupational diseases</a>','Please note, this time constraint <strong>is the same to comply with § 28</strong> in the context of making a claim to the Board for occupational diseases','WCL § 45 states that the § 18 notice period is extended to two years after the claimant becomes disable, or after the claimant knew or should have known the disease was due to the nature of the employment, whichever is later. Please note, this time constraint is the same to comply with § 28 in the context of making a claim to the Board for occupational diseases. All of that salt swingin’ protected this employee for an additional 23 months, not bad.','Please note, this time constraint <strong>is the same to comply with § 28</strong> in the context of making a claim to the Board for occupational diseases. All of that salt swingin’ protected this employee for an additional 23 months, not bad.',0,'2022-04-05 01:45:56','2022-04-05 01:45:56'),(583,46421,46553,'claimant becomes disable,','WCL § 45 states that the § 18 notice period is extended to two years after the claimant becomes disable, or after the claimant knew or should have known the disease was due to the nature of the employment, whichever is later','WCL § 45 states that the § 18 notice period is extended to <strong><u>two years after the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/03/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/\">claimant becomes disable,</a> or after the claimant knew or should have known the disease was due to the nature of the employment, whichever is later</u></strong>','WCL § 45 states that the § 18 notice period is extended to <strong><u>two years after the claimant becomes disable, or after the claimant knew or should have known the disease was due to the nature of the employment, whichever is later</u></strong>','You may be thinking about that 30 day notice requirement, but the WCL handles § 18 notice in a more lax way for occupational diseases. WCL § 45 states that the § 18 notice period is extended to two years after the claimant becomes disable, or after the claimant knew or should have known the disease was due to the nature of the employment, whichever is later. Please note, this time constraint is the same to comply with § 28 in the context of making a claim to the Board for occupational diseases.','WCL handles § 18 notice in a more lax way for occupational diseases. WCL § 45 states that the § 18 notice period is extended to <strong><u>two years after the claimant becomes disable, or after the claimant knew or should have known the disease was due to the nature of the employment, whichever is later</u>',0,'2022-04-05 01:45:56','2022-04-05 01:45:56'),(584,46421,46541,'carrier receives a Notice of Indexing for a case','Now, when a carrier receives a Notice of Indexing for a case it has accepted, it must file a FROI-00 and a SROI-IP (if payments have already been made)','Now, when a <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/08/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/\">carrier receives a Notice of Indexing for a case</a> it has accepted, it must file a FROI-00 and a SROI-IP (if payments have already been made)','Now, when a carrier receives a Notice of Indexing for a case it has accepted, it must file a FROI-00 and a SROI-IP (if payments have already been made)','However, here we are, in the world with eClaims, short one expensive mirror, and the carrier is now responsible for a few more filings. Now, when a carrier receives a Notice of Indexing for a case it has accepted, it must file a FROI-00 and a SROI-IP (if payments have already been made). These filings are to be made on or before the 18th day after the disability event, or within 10 days after the employer has knowledge of the event, whichever period is greater.','now responsible for a few more filings. Now, when a carrier receives a Notice of Indexing for a case it has accepted, it must file a FROI-00 and a SROI-IP (if payments have already been made). These filings are to be made',0,'2022-04-05 01:45:56','2022-04-05 01:45:56'),(585,46421,46541,'carrier is required to file','Pursuant to §25(2)(b), a carrier is required to file a response (aka SROI-04 Notice of Controversy) to a Notice of Indexing with the Board within 25 days of receipt of a Notice of Indexing','Pursuant to §25(2)(b), a <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/08/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/\">carrier is required to file</a> a response (aka SROI-04 Notice of Controversy) to a Notice of Indexing with the Board <strong><u>within 25 days of receipt of a Notice of Indexing</u></strong>','Pursuant to §25(2)(b), a carrier is required to file a response (aka SROI-04 Notice of Controversy) to a Notice of Indexing with the Board <strong><u>within 25 days of receipt of a Notice of Indexing</u></strong>','Well, I am willing to bet you also crossed paths with an ominous-looking black cat on your way to work that morning, because you just missed your WCL § 25(2)(b) window. Pursuant to §25(2)(b), a carrier is required to file a response (aka SROI-04 Notice of Controversy) to a Notice of Indexing with the Board within 25 days of receipt of a Notice of Indexing. Unfortunately, that black cat gets the last laugh, because on Day 26 the carrier just lost the ability to raise the defenses that no employee-employer relationship existed, no accident occurred, and the injury did not arise out of and in the course of employment.','Pursuant to §25(2)(b), a carrier is required to file a response (aka SROI-04 Notice of Controversy) to a Notice of Indexing with the Board <strong><u>within 25 days of receipt of a Notice of Indexing</u>',0,'2022-04-05 01:45:56','2022-04-05 01:45:56'),(586,46421,46374,'claimant during the preceding 180 days','The SROI-SA must include summary of all payments made to a claimant during the preceding 180 days','The SROI-SA must include summary of all payments made to a <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/doubling-down-2-hearing-loss-claims-for-the-same-claimant-denied-on-the-same-day/\">claimant during the preceding 180 days</a>','The SROI-SA must include summary of all payments made to a claimant during the preceding 180 days','These reports are due 180 days from the date of accident (or date of FROI filing where date of accident is partial or unknown); and then every 180 thereafter. The SROI-SA must include summary of all payments made to a claimant during the preceding 180 days. I’m thinking the broken mirror belonged to the Chair of the Board .','ther to figure out who broke a mirror. Someone must of, because the Board has rolled out a brand new filing requirement as part of its eClaims system – SROI-SA. This filing is a new sub-annual report, pursuant to 12 NYCRR §300.22(f)(3), which is due on all open cases, or closed cases with continuing indemnity payments. These reports are <strong><u>due 180 days from the date of accident </u></strong>(or date of FROI filing where date of accident is partial or unknown); and <strong><u>then every 180 thereafter</u></strong>. The SROI-SA must include summary of all payments made to a claimant during the preceding 180 days. I’m thinking the broken mirror belonged to the Chair of the Board . . . .',0,'2022-04-05 01:45:56','2022-04-05 01:45:56'),(587,46421,46546,'carrier who ceases payments on a claim','That cat has a crooked smile, and here’s why: WCL § 25(1)(d) requires a carrier who ceases payments on a claim for any reason to file with the Board a SROI announcing this action within 16 days','That cat has a crooked smile, and here’s why: WCL § 25(1)(d) requires a <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/07/did-you-know-an-employer-or-carrier-may-be-able-to-reopen-a-ppd-claim-on-the-issue-of-labor-market-attachment/\">carrier who ceases payments on a claim</a> for any reason to file with the Board a SROI announcing this action <strong><u>within 16 days</u></strong>','That cat has a crooked smile, and here’s why: WCL § 25(1)(d) requires a carrier who ceases payments on a claim for any reason to file with the Board a SROI announcing this action <strong><u>within 16 days</u></strong>','This time, you see her walking while on your way to the parking lot after work – 17 days after ceasing payments on a Workers’ Compensation claim. That cat has a crooked smile, and here’s why: WCL § 25(1)(d) requires a carrier who ceases payments on a claim for any reason to file with the Board a SROI announcing this action within 16 days. When you get back into work on that 18th day, you won’t see the black cat, but rather a penalty from the Board in the amount of $300.','That black cat from way back when is still running around causing all kinds of bad luck shenanigans (she has exceptional cardio). This time, you see her walking while on your way to the parking lot after work – <em>17 days</em> after ceasing payments on a Workers’ Compensation claim. That cat has a crooked smile, and here’s why: WCL § 25(1)(d) requires a carrier who ceases payments on a claim for any reason to file with the Board a SROI announcing this action <strong><u>within 16 days</u>',0,'2022-04-05 01:45:56','2022-04-05 01:45:56'),(588,46450,46371,'claimant testified that the he did not refuse work','“Here, contrary to the statement by the employer, the claimant testified that the he did not refuse work','<em>“Here, contrary to the statement by the employer, the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">claimant testified that the he did not refuse work</a>','<em>“Here, contrary to the statement by the employer, the claimant testified that the he did not refuse work','The WCLJ found the claimant did not self-limit but the Board reversed:  “Here, contrary to the statement by the employer, the claimant testified that the he did not refuse work. However, the claimant also indicated that through his employment he “probably wouldn’t have” exceeded the $10,000.00 Social Security threshold.','<em>“Here, contrary to the statement by the employer, the claimant testified that the he did not refuse work. However, the claimant also indicated that through his employment he “probably wouldn’t have” exceeded the $10,000.00 Social Security threshold. As such, the Board Panel finds that while the claimant may not have refused work, he cannot under these circumstances be characterized as fully available for the employment in question.”</em>',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(589,46450,46371,'claimant was not fully available for more work','The Board Panel agreed with the WCLJ that the claimant was not fully available for more work and that the 200-multiple minimum did not apply:','The Board Panel agreed with the WCLJ that the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">claimant was not fully available for more work</a> and that the 200-multiple minimum did not apply:','The Board Panel agreed with the WCLJ that the claimant was not fully available for more work and that the 200-multiple minimum did not apply:','was scheduled to work and had an unexpected emergency or sick call, I would work additional shifts to fill in.” The claimant denied self-limiting her hour, but on cross she conceded that when she applied for her job she specifically sough only per diem work but that she specifically was hire to work one day a week and she was generally availbe to work on the other week days and that when she applied for the job she was not interested in part-time or full-time work.  The Board Panel agreed with the WCLJ that the claimant was not fully available for more work and that the 200-multiple minimum did not apply:  “The claimant’s own testimony demonstrates that she had applied for and accepted per diem work.','the claimant typically worked one or two days per week for 29 of the 52 weeks preceding the accident.  The claimant conceded that ” I generally worked one day a week when I was available and if they needed extra days like if someone . . . was scheduled to work and had an unexpected emergency or sick call, I would work additional shifts to fill in.” The claimant denied self-limiting her hour, but on cross she conceded that when she applied for her job she specifically sough only <em>per diem </em>work but that she specifically was hire to work one day a week and she was generally availbe to work on the other week days and that when she applied for the job she was not interested in part-time or full-time work.  The Board Panel agreed with the WCLJ that the claimant was not fully available for more work and that the 200-multiple minimum did not apply',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(590,46450,46371,'claimant may not have refused work','As such, the Board Panel finds that while the claimant may not have refused work, he cannot under these circumstances be characterized as fully available for the employment in question.”','As such, the Board Panel finds that while the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">claimant may not have refused work</a>, he cannot under these circumstances be characterized as fully available for the employment in question.”</em>','As such, the Board Panel finds that while the claimant may not have refused work, he cannot under these circumstances be characterized as fully available for the employment in question.”</em>','However, the claimant also indicated that through his employment he “probably wouldn’t have” exceeded the $10,000.00 Social Security threshold. As such, the Board Panel finds that while the claimant may not have refused work, he cannot under these circumstances be characterized as fully available for the employment in question.”','as a <em>per diem</em> employee called in when he was needed by the employer.  The employer witness testified by letter to the Court that the claimant had no set hours or schedule and that “many times the claimant did decline our offer of work” sometimes because it was on too short notice, but sometimes because the claimant didn’t like the particular assignment offered.  Claimant testified that he had never refused work from the employer, but also conceded that his job was “primarily for the purpose of supplementing his Social Security income and that he was not allowed to exceed the $10,000 supplemental income limit although he denied that this limit played any role in his work schedule.  The WCLJ found the claimant did not self-limit but the Board reversed:  <em>“Here, contrary to the statement by the employer, the claimant testified that the he did not refuse work. However, the claimant also indicated that through his employment he “probably wouldn’t have” exceeded the $10,000.00 Social Security threshold. As such, the Board Panel finds that while the claimant may not have refused work, he cannot under these circumstances be characterized as fully available for the employment in question.”</em>',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(591,46450,46371,'work pattern and that the claimant','Claimant’s C-240 showed a “sporadic” work pattern and that the claimant typically worked one or two days per week for 29 of the 52 weeks preceding the accident','Claimant’s C-240 showed a “sporadic” <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">work pattern and that the claimant</a> typically worked one or two days per week for 29 of the 52 weeks preceding the accident','Claimant’s C-240 showed a “sporadic” work pattern and that the claimant typically worked one or two days per week for 29 of the 52 weeks preceding the accident','Claimant’s C-240 showed a “sporadic” work pattern and that the claimant typically worked one or two days per week for 29 of the 52 weeks preceding the accident.  The claimant conceded that ” I generally worked one day a week when I was available and if they needed extra days like if someone .','Claimant’s C-240 showed a “sporadic” work pattern and that the claimant typically worked one or two days per week for 29 of the 52 weeks preceding the accident.',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(592,46450,46371,'claimant conceded that ” I generally worked','The claimant conceded that ” I generally worked one day a week when I was available and if they needed extra days like if someone','The <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">claimant conceded that ” I generally worked</a> one day a week when I was available and if they needed extra days like if someone','The claimant conceded that ” I generally worked one day a week when I was available and if they needed extra days like if someone','Claimant’s C-240 showed a “sporadic” work pattern and that the claimant typically worked one or two days per week for 29 of the 52 weeks preceding the accident.  The claimant conceded that ” I generally worked one day a week when I was available and if they needed extra days like if someone . . .','the claimant typically worked one or two days per week for 29 of the 52 weeks preceding the accident.  The claimant conceded that ” I generally worked one day a week when I was available and if they needed extra days like if someone',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(593,46450,46371,'claimant “did not work','In support of its ruling, the Board noted that it agreed with the carrier that the claimant “did not work substantially the whole of the year pereceidng his accident” and that the use of the 224 multiple “reasonably represents the claimant’s annual earning capacity in the year immediately before the injury.”','In support of its ruling, the Board noted that it agreed with the carrier that the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">claimant “did not work</a> substantially the whole of the year pereceidng his accident” and that the use of the 224 multiple “reasonably represents the claimant’s annual earning capacity in the year immediately before the injury.”','In support of its ruling, the Board noted that it agreed with the carrier that the claimant “did not work substantially the whole of the year pereceidng his accident” and that the use of the 224 multiple “reasonably represents the claimant’s annual earning capacity in the year immediately before the injury.”','0810813 held that the worker described above was entitled to an average weekly wage based off of a “224 multiple” after reminding the carrier that “there is no statutory authority supporting the calculation of the claimant’s average weekly wage” using a “divsor.”  In support of its ruling, the Board noted that it agreed with the carrier that the claimant “did not work substantially the whole of the year pereceidng his accident” and that the use of the 224 multiple “reasonably represents the claimant’s annual earning capacity in the year immediately before the injury.”  The keen reader will recognize that the fact-pattern her recounts on 220 days worked in the year preceding the accident and calculating out the figures specifically denoted in the decision still gives us a 220-day work-year. ','in <u>VIP Health Care Services Inc.</u>, 2015 NY Wrk. Comp. 0810813 held that the worker described above was entitled to an average weekly wage based off of a “224 multiple” after reminding the carrier that “there is no statutory authority supporting the calculation of the claimant’s average weekly wage” using a “divsor.”  In support of its ruling, the Board noted that it agreed with the carrier that the claimant “did not work substantially the whole of the year pereceidng his accident” and that the use of the 224 multiple “reasonably represents the claimant’s annual earning capacity in the year immediately before the injury.”  The keen reader will recognize that the fact-pattern her recounts on 220 days worked in the year preceding the accident and calculating out the figures specifically denoted in the decision still gives us a 220-day work-year.  How the Board Panel got 224 days is beyond comprehension given the limited analysis in the decision except the Board notes that “the carrier, by requesting a $564.37 average weekly wage, has essentially conceded a 224 multiple for the claimant in its application for review.”',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(594,46450,46371,'claimant did not work','Thus, even if the claimant did not work during the summer months immediately preceding the injury of this file, the claimant would be entitled to compensation benefits during the summer months','Thus, even if the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">claimant did not work</a> during the summer months immediately preceding the injury of this file, the claimant would be entitled to compensation benefits during the summer months','Thus, even if the claimant did not work during the summer months immediately preceding the injury of this file, the claimant would be entitled to compensation benefits during the summer months','If the employee was denied compensation benefits during the summer months, the fact that a claimant was not regularly employed during that time period would be accounted for twice; once in the calculation of average weekly wage, and then again in determining the compensable periods of disability. Thus, even if the claimant did not work during the summer months immediately preceding the injury of this file, the claimant would be entitled to compensation benefits during the summer months.','Thus, even if the claimant did not work during the summer months immediately preceding the injury of this file, the claimant would be entitled to compensation benefits during the summer months.',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(595,46450,46371,'claimant typically worked','Further, the C-240 reflects that the claimant typically worked one to two days per week during those 29 weeks.”','Further, the C-240 reflects that the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">claimant typically worked</a> one to two days per week during those 29 weeks.</em>”','Further, the C-240 reflects that the claimant typically worked one to two days per week during those 29 weeks.</em>”','As noted above, the C-240 further indicates that the claimant worked sporadically during 29 weeks out of the 52-week period in question. Further, the C-240 reflects that the claimant typically worked one to two days per week during those 29 weeks.”','further indicates that the claimant worked sporadically during 29 weeks out of the 52-week period in question. Further, the C-240 reflects that the claimant typically worked one to two days per week during those 29 weeks.</em>”',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(596,46450,46371,'claimant work','Out of the 52 weeks preceding his injury, the claimant work four-days a week for 36 weeks; six-days a week for 8 weeks; five-days a week for 4 weeks; three days a week for 2 weeks; two-days a week for 1 week; and 0 days for 1 week','Out of the 52 weeks preceding his injury, the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">claimant work</a> four-days a week for 36 weeks; six-days a week for 8 weeks; five-days a week for 4 weeks; three days a week for 2 weeks; two-days a week for 1 week; and 0 days for 1 week','Out of the 52 weeks preceding his injury, the claimant work four-days a week for 36 weeks; six-days a week for 8 weeks; five-days a week for 4 weeks; three days a week for 2 weeks; two-days a week for 1 week; and 0 days for 1 week','The C-240 filed indicated that the claimant was a four-day a week hourly worker. Out of the 52 weeks preceding his injury, the claimant work four-days a week for 36 weeks; six-days a week for 8 weeks; five-days a week for 4 weeks; three days a week for 2 weeks; two-days a week for 1 week; and 0 days for 1 week. The gross amount paid to the claimant was $28,782.88.','Out of the 52 weeks preceding his injury, the claimant work four-days a week for 36 weeks; six-days a week for 8 weeks; five-days a week for 4 weeks; three days a week for 2 weeks; two-days a week for 1 week; and 0 days for 1 week.',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(597,46450,46371,'claimant worked','As noted above, the C-240 further indicates that the claimant worked sporadically during 29 weeks out of the 52-week period in question','As noted above, the C-240 further indicates that the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">claimant worked</a> sporadically during 29 weeks out of the 52-week period in question','As noted above, the C-240 further indicates that the claimant worked sporadically during 29 weeks out of the 52-week period in question','She testified that she was not interested in a full-time or more traditional part-time schedule. As noted above, the C-240 further indicates that the claimant worked sporadically during 29 weeks out of the 52-week period in question. Further, the C-240 reflects that the claimant typically worked one to two days per week during those 29 weeks.”','as available and if they needed extra days like if someone . . . was scheduled to work and had an unexpected emergency or sick call, I would work additional shifts to fill in.” The claimant denied self-limiting her hour, but on cross she conceded that when she applied for her job she specifically sough only <em>per diem </em>work but that she specifically was hire to work one day a week and she was generally availbe to work on the other week days and that when she applied for the job she was not interested in part-time or full-time work.  The Board Panel agreed with the WCLJ that the claimant was not fully available for more work and that the 200-multiple minimum did not apply:  <em>“The claimant’s own testimony demonstrates that she had applied for and accepted per diem work. She testified that she was not interested in a full-time or more traditional part-time schedule. As noted above, the C-240 further indicates that the claimant worked sporadically during 29 weeks out of the 52-week period in question.',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(598,46450,46504,'earning capacity','In support of its ruling, the Board noted that it agreed with the carrier that the claimant “did not work substantially the whole of the year pereceidng his accident” and that the use of the 224 multiple “reasonably represents the claimant’s annual earning capacity in the year immediately before the injury.”','In support of its ruling, the Board noted that it agreed with the carrier that the claimant “did not work substantially the whole of the year pereceidng his accident” and that the use of the 224 multiple “reasonably represents the claimant’s annual <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2014/11/the-law-offices-of-melissa-a-day-pllc-won-a-finding-of-a-0-loss-of-wage-earning-capacity/\">earning capacity</a> in the year immediately before the injury.”','In support of its ruling, the Board noted that it agreed with the carrier that the claimant “did not work substantially the whole of the year pereceidng his accident” and that the use of the 224 multiple “reasonably represents the claimant’s annual earning capacity in the year immediately before the injury.”','0810813 held that the worker described above was entitled to an average weekly wage based off of a “224 multiple” after reminding the carrier that “there is no statutory authority supporting the calculation of the claimant’s average weekly wage” using a “divsor.”  In support of its ruling, the Board noted that it agreed with the carrier that the claimant “did not work substantially the whole of the year pereceidng his accident” and that the use of the 224 multiple “reasonably represents the claimant’s annual earning capacity in the year immediately before the injury.”  The keen reader will recognize that the fact-pattern her recounts on 220 days worked in the year preceding the accident and calculating out the figures specifically denoted in the decision still gives us a 220-day work-year. ','in <u>VIP Health Care Services Inc.</u>, 2015 NY Wrk. Comp. 0810813 held that the worker described above was entitled to an average weekly wage based off of a “224 multiple” after reminding the carrier that “there is no statutory authority supporting the calculation of the claimant’s average weekly wage” using a “divsor.”  In support of its ruling, the Board noted that it agreed with the carrier that the claimant “did not work substantially the whole of the year pereceidng his accident” and that the use of the 224 multiple “reasonably represents the claimant’s annual earning capacity in the year immediately before the injury.”  The keen reader will recognize that the fact-pattern her recounts on 220 days worked in the year preceding the accident and calculating out the figures specifically denoted in the decision still gives us a 220-day work-year.  How the Board Panel got 224 days is beyond comprehension given the limited analysis in the decision except the Board notes that “the carrier, by requesting a $564.37 average weekly wage, has essentially conceded a 224 multiple for the claimant in its application for review.”',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(599,46450,46509,'determining the claimant’s average annual earnings','When one of the ‘known and recognized incidents’ of a claimant’s job is the fact that he or she is predictably laid off for several months each year, due to the nature of the particular employment, that factor should be taken into account in determining the claimant’s average annual earnings pursuant to Workers’ Compensation Law 14','When one of the ‘known and recognized incidents’ of a claimant’s job is the fact that he or she is predictably laid off for several months each year, due to the nature of the particular employment, that factor should be taken into account in <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/11/a-blind-leap-across-an-inscrutable-chasm-arbitrary-and-capricious-loss-of-wage-earning-capacity-lwec-determinations/\">determining the claimant’s average annual earnings</a> pursuant to Workers’ Compensation Law 14','When one of the ‘known and recognized incidents’ of a claimant’s job is the fact that he or she is predictably laid off for several months each year, due to the nature of the particular employment, that factor should be taken into account in determining the claimant’s average annual earnings pursuant to Workers’ Compensation Law 14','When one of the ‘known and recognized incidents’ of a claimant’s job is the fact that he or she is predictably laid off for several months each year, due to the nature of the particular employment, that factor should be taken into account in determining the claimant’s average annual earnings pursuant to Workers’ Compensation Law 14 .  Matter of Littler v Fuller Co., 223 NY 369 (1918).  ','When one of the ‘known and recognized incidents’ of a claimant’s job is the fact that he or she is predictably laid off for several months each year, due to the nature of the particular employment, that factor should be taken into account in determining the claimant’s average annual earnings pursuant to Workers’ Compensation Law 14 .  <u>Matter of Littler v Fuller Co.</u>, 223 NY 369 (1918).  When such an employment circumstance exists, the formula outlined in Workers’ Compensation Law § 14(1), which is based on the approximate number of days worked by a five or six-day employee during an entire year, cannot ‘reasonably and fairly be applied’ to determine the claimant’s earnings . . . Accordingly, [the] average weekly wage must be calculated pursuant to subdivisions (3) and (4) of Workers’ Compensation Law 14.',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(600,46450,46509,'wages because the averaging provisions that determine','Where an employment is seasonal, a carrier cannot suspend compensation benefits during the summer months when the claimant would not usually be receiving wages because the averaging provisions that determine AWW spread seasonal wages over an entire year','Where an employment is seasonal, a carrier cannot suspend compensation benefits during the summer months when the claimant would not usually be receiving <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/11/a-blind-leap-across-an-inscrutable-chasm-arbitrary-and-capricious-loss-of-wage-earning-capacity-lwec-determinations/\">wages because the averaging provisions that determine</a> AWW spread seasonal wages over an entire year','Where an employment is seasonal, a carrier cannot suspend compensation benefits during the summer months when the claimant would not usually be receiving wages because the averaging provisions that determine AWW spread seasonal wages over an entire year','Where an employment is seasonal, a carrier cannot suspend compensation benefits during the summer months when the claimant would not usually be receiving wages because the averaging provisions that determine AWW spread seasonal wages over an entire year.  Having properly calculated the claimant’s average weekly wage under the statutory formula provided by WCL § 14(3) and WCL § 14(4) for calculating an employee’s average weekly wage, seasonal periods of unemployment, such as are customarily experienced by school teachers and other school district employees, are fully accounted for by using a 200 multiple, instead of the 260 multiple or 300 multiple provided by WCL § 14(1) for full time, year round five or six day workers.','Where an employment is seasonal, a carrier cannot suspend compensation benefits during the summer months when the claimant would not usually be receiving wages because the averaging provisions that determine AWW spread seasonal wages over an entire year.  Having properly calculated the claimant’s average weekly wage under the statutory formula provided by <a href=\"https://thelomad.com/getmad.today/wp-contentwww.lexis.com/research/buttonTFLink?_m=4a71373fc4286b3769bffee9b62c30db&amp;_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5b2015%20NY%20Wrk.%20Comp.%20LEXIS%205965%5d%5d%3e%3c%2fcite%3e&amp;_butType=4&amp;_butStat=0&amp;_butNum=7&amp;_butInline=1&amp;_butinfo=NY%20WORK%20COMP%2014&amp;_fmtstr=FULL&amp;docnum=3&amp;_startdoc=1&amp;wchp=dGLzVzB-zSkAb&amp;_md5=7d957a56f4603e2ea6acfc6d96284951\" target=\"_blank\" rel=\"noopener\">WCL § 14(3)</a> and <a href=\"https://thelomad.com/getmad.today/wp-contentwww.lexis.com/research/buttonTFLink?_m=4a71373fc4286b3769bffee9b62c30db&amp;_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5b2015%20NY%20Wrk.%20Comp.%20LEXIS%205965%5d%5d%3e%3c%2fcite%3e&amp;_butType=4&amp;_butStat=0&amp;_butNum=8&amp;_butInline=1&amp;_butinfo=NY%20WORK%20COMP%2014&amp;_fmtstr=FULL&amp;docnum=3&amp;_startdoc=1&amp;wchp=dGLzVzB-zSkAb&amp;_md5=75bec0b2ce1d16a3c6da61614f25c57b\" target=\"_blank\" rel=\"noopener\">WCL § 14(4)</a> for calculating an employee’s average weekly wage, seasonal periods of unemployment, such as are customarily experienced by school teachers and other school district employees, are fully accounted for by using a 200 multiple, instead of the 260 multiple or 300 multiple provided by <a href=\"https://thelomad.com/getmad.today/wp-contentwww.lexis.com/research/buttonTFLink?_m=4a71373fc4286b3769bffee9b62c30db&amp;_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5b2015%20NY%20Wrk.%20Comp.%20LEXIS%205965%5d%5d%3e%3c%2fcite%3e&amp;_butType=4&amp;_butStat=0&amp;_butNum=9&amp;_butInline=1&amp;_butinfo=NY%20WORK%20COMP%2014&amp;_fmtstr=FULL&amp;docnum=3&amp;_startdoc=1&amp;wchp=dGLzVzB-zSkAb&amp;_md5=26730495bb8eb27dee66bf357766c397\" target=\"_blank\" rel=\"noopener\">WCL § 14(1)</a> for full time, year',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(601,46450,46509,'determine the claimant’s earnings','When such an employment circumstance exists, the formula outlined in Workers’ Compensation Law § 14(1), which is based on the approximate number of days worked by a five or six-day employee during an entire year, cannot ‘reasonably and fairly be applied’ to determine the claimant’s earnings','When such an employment circumstance exists, the formula outlined in Workers’ Compensation Law § 14(1), which is based on the approximate number of days worked by a five or six-day employee during an entire year, cannot ‘reasonably and fairly be applied’ to <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/11/a-blind-leap-across-an-inscrutable-chasm-arbitrary-and-capricious-loss-of-wage-earning-capacity-lwec-determinations/\">determine the claimant’s earnings</a>','When such an employment circumstance exists, the formula outlined in Workers’ Compensation Law § 14(1), which is based on the approximate number of days worked by a five or six-day employee during an entire year, cannot ‘reasonably and fairly be applied’ to determine the claimant’s earnings','Matter of Littler v Fuller Co., 223 NY 369 (1918).  When such an employment circumstance exists, the formula outlined in Workers’ Compensation Law § 14(1), which is based on the approximate number of days worked by a five or six-day employee during an entire year, cannot ‘reasonably and fairly be applied’ to determine the claimant’s earnings . . .','When one of the ‘known and recognized incidents’ of a claimant’s job is the fact that he or she is predictably laid off for several months each year, due to the nature of the particular employment, that factor should be taken into account in determining the claimant’s average annual earnings pursuant to Workers’ Compensation Law 14 .  <u>Matter of Littler v Fuller Co.</u>, 223 NY 369 (1918).  When such an employment circumstance exists, the formula outlined in Workers’ Compensation Law § 14(1), which is based on the approximate number of days worked by a five or six-day employee during an entire year, cannot ‘reasonably and fairly be applied’ to determine the claimant’s earnings . . . Accordingly, [the] average weekly wage must be calculated pursuant to subdivisions (3) and (4) of Workers’ Compensation Law 14.” <u>Matter of Till v Opportunities, Inc.</u>, 252 AD2d 619 (3d Dept. 1998).',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(602,46450,46509,'earning capacity','In support of its ruling, the Board noted that it agreed with the carrier that the claimant “did not work substantially the whole of the year pereceidng his accident” and that the use of the 224 multiple “reasonably represents the claimant’s annual earning capacity in the year immediately before the injury.”','In support of its ruling, the Board noted that it agreed with the carrier that the claimant “did not work substantially the whole of the year pereceidng his accident” and that the use of the 224 multiple “reasonably represents the claimant’s annual <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/11/a-blind-leap-across-an-inscrutable-chasm-arbitrary-and-capricious-loss-of-wage-earning-capacity-lwec-determinations/\">earning capacity</a> in the year immediately before the injury.”','In support of its ruling, the Board noted that it agreed with the carrier that the claimant “did not work substantially the whole of the year pereceidng his accident” and that the use of the 224 multiple “reasonably represents the claimant’s annual earning capacity in the year immediately before the injury.”','0810813 held that the worker described above was entitled to an average weekly wage based off of a “224 multiple” after reminding the carrier that “there is no statutory authority supporting the calculation of the claimant’s average weekly wage” using a “divsor.”  In support of its ruling, the Board noted that it agreed with the carrier that the claimant “did not work substantially the whole of the year pereceidng his accident” and that the use of the 224 multiple “reasonably represents the claimant’s annual earning capacity in the year immediately before the injury.”  The keen reader will recognize that the fact-pattern her recounts on 220 days worked in the year preceding the accident and calculating out the figures specifically denoted in the decision still gives us a 220-day work-year. ','in <u>VIP Health Care Services Inc.</u>, 2015 NY Wrk. Comp. 0810813 held that the worker described above was entitled to an average weekly wage based off of a “224 multiple” after reminding the carrier that “there is no statutory authority supporting the calculation of the claimant’s average weekly wage” using a “divsor.”  In support of its ruling, the Board noted that it agreed with the carrier that the claimant “did not work substantially the whole of the year pereceidng his accident” and that the use of the 224 multiple “reasonably represents the claimant’s annual earning capacity in the year immediately before the injury.”  The keen reader will recognize that the fact-pattern her recounts on 220 days worked in the year preceding the accident and calculating out the figures specifically denoted in the decision still gives us a 220-day work-year.  How the Board Panel got 224 days is beyond comprehension given the limited analysis in the decision except the Board notes that “the carrier, by requesting a $564.37 average weekly wage, has essentially conceded a 224 multiple for the claimant in its application for review.”',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(603,46450,46350,'work outside the hours/days of the employment','Instead, the claimant must show that he or she was looking for work outside the hours/days of the employment in question','Instead, the claimant must show that he or she was looking for <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/03/when-do-work-from-home-accidents-occur-in-the-scope-and-course-of-employment/\">work outside the hours/days of the employment</a> in question','Instead, the claimant must show that he or she was looking for work outside the hours/days of the employment in question','For example, a claimant hired for a job that will last only a short time cannot claim “full availability” by suggesting that, had the position been of longer duration or more hours they could have worked more.  Instead, the claimant must show that he or she was looking for work outside the hours/days of the employment in question.  See also NYC Board of Election, 2015 NY Wrk.','Instead, the claimant must show that he or she was looking for work outside the hours/days of the employment in question.',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(604,46450,46350,'worked in the year preceding the accident','The keen reader will recognize that the fact-pattern her recounts on 220 days worked in the year preceding the accident and calculating out the figures specifically denoted in the decision still gives us a 220-day work-year','The keen reader will recognize that the fact-pattern her recounts on 220 days <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/03/when-do-work-from-home-accidents-occur-in-the-scope-and-course-of-employment/\">worked in the year preceding the accident</a> and calculating out the figures specifically denoted in the decision still gives us a 220-day work-year','The keen reader will recognize that the fact-pattern her recounts on 220 days worked in the year preceding the accident and calculating out the figures specifically denoted in the decision still gives us a 220-day work-year','In support of its ruling, the Board noted that it agreed with the carrier that the claimant “did not work substantially the whole of the year pereceidng his accident” and that the use of the 224 multiple “reasonably represents the claimant’s annual earning capacity in the year immediately before the injury.”  The keen reader will recognize that the fact-pattern her recounts on 220 days worked in the year preceding the accident and calculating out the figures specifically denoted in the decision still gives us a 220-day work-year.  How the Board Panel got 224 days is beyond comprehension given the limited analysis in the decision except the Board notes that “the carrier, by requesting a $564.37 average weekly wage, has essentially conceded a 224 multiple for the claimant in its application for review.” ','The Board in <u>VIP Health Care Services Inc.</u>, 2015 NY Wrk. Comp. 0810813 held that the worker described above was entitled to an average weekly wage based off of a “224 multiple” after reminding the carrier that “there is no statutory authority supporting the calculation of the claimant’s average weekly wage” using a “divsor.”  In support of its ruling, the Board noted that it agreed with the carrier that the claimant “did not work substantially the whole of the year pereceidng his accident” and that the use of the 224 multiple “reasonably represents the claimant’s annual earning capacity in the year immediately before the injury.”  The keen reader will recognize that the fact-pattern her recounts on 220 days worked in the year preceding the accident and calculating out the figures specifically denoted in the decision still gives us a 220-day work-year.',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(605,46450,46350,'work from the employer,','Claimant testified that he had never refused work from the employer, but also conceded that his job was “primarily for the purpose of supplementing his Social Security income and that he was not allowed to exceed the $10,000 supplemental income limit although he denied that this limit played any role in his work schedule','Claimant testified that he had never refused <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/03/when-do-work-from-home-accidents-occur-in-the-scope-and-course-of-employment/\">work from the employer,</a> but also conceded that his job was “primarily for the purpose of supplementing his Social Security income and that he was not allowed to exceed the $10,000 supplemental income limit although he denied that this limit played any role in his work schedule','Claimant testified that he had never refused work from the employer, but also conceded that his job was “primarily for the purpose of supplementing his Social Security income and that he was not allowed to exceed the $10,000 supplemental income limit although he denied that this limit played any role in his work schedule','The employer witness testified by letter to the Court that the claimant had no set hours or schedule and that “many times the claimant did decline our offer of work” sometimes because it was on too short notice, but sometimes because the claimant didn’t like the particular assignment offered.  Claimant testified that he had never refused work from the employer, but also conceded that his job was “primarily for the purpose of supplementing his Social Security income and that he was not allowed to exceed the $10,000 supplemental income limit although he denied that this limit played any role in his work schedule.  The WCLJ found the claimant did not self-limit but the Board reversed: ','Claimant was a <em>per diem</em> employee called in when he was needed by the employer.  The employer witness testified by letter to the Court that the claimant had no set hours or schedule and that “many times the claimant did decline our offer of work” sometimes because it was on too short notice, but sometimes because the claimant didn’t like the particular assignment offered.  Claimant testified that he had never refused work from the employer, but also conceded that his job was “primarily for the purpose of supplementing his Social Security income and that he was not allowed to exceed the $10,000 supplemental income limit although he denied that this limit played any role in his work schedule.',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(606,46450,46480,'wages because the averaging','Where an employment is seasonal, a carrier cannot suspend compensation benefits during the summer months when the claimant would not usually be receiving wages because the averaging provisions that determine AWW spread seasonal wages over an entire year','Where an employment is seasonal, a carrier cannot suspend compensation benefits during the summer months when the claimant would not usually be receiving <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2015/08/average-wages/\">wages because the averaging</a> provisions that determine AWW spread seasonal wages over an entire year','Where an employment is seasonal, a carrier cannot suspend compensation benefits during the summer months when the claimant would not usually be receiving wages because the averaging provisions that determine AWW spread seasonal wages over an entire year','Where an employment is seasonal, a carrier cannot suspend compensation benefits during the summer months when the claimant would not usually be receiving wages because the averaging provisions that determine AWW spread seasonal wages over an entire year.  Having properly calculated the claimant’s average weekly wage under the statutory formula provided by WCL § 14(3) and WCL § 14(4) for calculating an employee’s average weekly wage, seasonal periods of unemployment, such as are customarily experienced by school teachers and other school district employees, are fully accounted for by using a 200 multiple, instead of the 260 multiple or 300 multiple provided by WCL § 14(1) for full time, year round five or six day workers.','Where an employment is seasonal, a carrier cannot suspend compensation benefits during the summer months when the claimant would not usually be receiving wages because the averaging provisions that determine AWW spread seasonal wages over an entire year.  Having properly calculated the claimant’s average weekly wage under the statutory formula provided by <a href=\"https://thelomad.com/getmad.today/wp-contentwww.lexis.com/research/buttonTFLink?_m=4a71373fc4286b3769bffee9b62c30db&amp;_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5b2015%20NY%20Wrk.%20Comp.%20LEXIS%205965%5d%5d%3e%3c%2fcite%3e&amp;_butType=4&amp;_butStat=0&amp;_butNum=7&amp;_butInline=1&amp;_butinfo=NY%20WORK%20COMP%2014&amp;_fmtstr=FULL&amp;docnum=3&amp;_startdoc=1&amp;wchp=dGLzVzB-zSkAb&amp;_md5=7d957a56f4603e2ea6acfc6d96284951\" target=\"_blank\" rel=\"noopener\">WCL § 14(3)</a> and <a href=\"https://thelomad.com/getmad.today/wp-contentwww.lexis.com/research/buttonTFLink?_m=4a71373fc4286b3769bffee9b62c30db&amp;_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5b2015%20NY%20Wrk.%20Comp.%20LEXIS%205965%5d%5d%3e%3c%2fcite%3e&amp;_butType=4&amp;_butStat=0&amp;_butNum=8&amp;_butInline=1&amp;_butinfo=NY%20WORK%20COMP%2014&amp;_fmtstr=FULL&amp;docnum=3&amp;_startdoc=1&amp;wchp=dGLzVzB-zSkAb&amp;_md5=75bec0b2ce1d16a3c6da61614f25c57b\" target=\"_blank\" rel=\"noopener\">WCL § 14(4)</a> for calculating an employee’s average weekly wage, seasonal periods of unemployment, such as are customarily experienced by school teachers and other school district employees, are fully accounted for by using a 200 multiple, instead of the 260 multiple or 300 multiple provided by <a href=\"https://thelomad.com/getmad.today/wp-contentwww.lexis.com/research/buttonTFLink?_m=4a71373fc4286b3769bffee9b62c30db&amp;_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5b2015%20NY%20Wrk.%20Comp.%20LEXIS%205965%5d%5d%3e%3c%2fcite%3e&amp;_butType=4&amp;_butStat=0&amp;_butNum=9&amp;_butInline=1&amp;_butinfo=NY%20WORK%20COMP%2014&amp;_fmtstr=FULL&amp;docnum=3&amp;_startdoc=1&amp;wchp=dGLzVzB-zSkAb&amp;_md5=26730495bb8eb27dee66bf357766c397\" target=\"_blank\" rel=\"noopener\">WCL § 14(1)</a> for full time, year',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(607,46450,46480,'average weekly wage','How the Board Panel got 224 days is beyond comprehension given the limited analysis in the decision except the Board notes that “the carrier, by requesting a $564.37 average weekly wage, has essentially conceded a 224 multiple for the claimant in its application for review.”','How the Board Panel got 224 days is beyond comprehension given the limited analysis in the decision except the Board notes that “the carrier, by requesting a $564.37 <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2015/08/average-wages/\">average weekly wage</a>, has essentially conceded a 224 multiple for the claimant in its application for review.”','How the Board Panel got 224 days is beyond comprehension given the limited analysis in the decision except the Board notes that “the carrier, by requesting a $564.37 average weekly wage, has essentially conceded a 224 multiple for the claimant in its application for review.”','The keen reader will recognize that the fact-pattern her recounts on 220 days worked in the year preceding the accident and calculating out the figures specifically denoted in the decision still gives us a 220-day work-year.  How the Board Panel got 224 days is beyond comprehension given the limited analysis in the decision except the Board notes that “the carrier, by requesting a $564.37 average weekly wage, has essentially conceded a 224 multiple for the claimant in its application for review.”  Does that mean that the carrier here did its math wrong on the Application for Review? ','How the Board Panel got 224 days is beyond comprehension given the limited analysis in the decision except the Board notes that “the carrier, by requesting a $564.37 average weekly wage, has essentially conceded a 224 multiple for the claimant in its application for review.”',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(608,46450,46480,'average weekly wage','In at least one recent case, the Board held that where the employer established that a claimant, an otherwise full-time worker, habitually took off summers to go travel outside the country, the claimant was self-limiting her employment and could not avail herself of a 200-multiple calculation because “the claimant would reap the benefit of a higher average weekly wage','In at least one recent case, the Board held that where the employer established that a claimant, an otherwise full-time worker, habitually took off summers to go travel outside the country, the claimant was self-limiting her employment and could not avail herself of a 200-multiple calculation because “the claimant would reap the benefit of a higher <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2015/08/average-wages/\">average weekly wage</a>','In at least one recent case, the Board held that where the employer established that a claimant, an otherwise full-time worker, habitually took off summers to go travel outside the country, the claimant was self-limiting her employment and could not avail herself of a 200-multiple calculation because “the claimant would reap the benefit of a higher average weekly wage','In at least one recent case, the Board held that where the employer established that a claimant, an otherwise full-time worker, habitually took off summers to go travel outside the country, the claimant was self-limiting her employment and could not avail herself of a 200-multiple calculation because “the claimant would reap the benefit of a higher average weekly wage . . .','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 grappling with his mortal enemy and mastermind criminal, Professor James Moriarty… wait … wrong serial … sorry.',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(609,46450,46480,'average weekly wage','Accordingly, [the] average weekly wage must be calculated pursuant to subdivisions (3) and (4) of Workers’ Compensation Law 14.” Matter of Till v Opportunities, Inc., 252 AD2d 619 (3d Dept','Accordingly, [the] <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2015/08/average-wages/\">average weekly wage</a> must be calculated pursuant to subdivisions (3) and (4) of Workers’ Compensation Law 14.” <u>Matter of Till v Opportunities, Inc.</u>, 252 AD2d 619 (3d Dept','Accordingly, [the] average weekly wage must be calculated pursuant to subdivisions (3) and (4) of Workers’ Compensation Law 14.” <u>Matter of Till v Opportunities, Inc.</u>, 252 AD2d 619 (3d Dept','. . Accordingly, [the] average weekly wage must be calculated pursuant to subdivisions (3) and (4) of Workers’ Compensation Law 14.” Matter of Till v Opportunities, Inc., 252 AD2d 619 (3d Dept. 1998).','Accordingly, [the] average weekly wage must be calculated pursuant to subdivisions (3) and (4) of Workers’ Compensation Law 14.” <u>Matter of Till v Opportunities, Inc.</u>, 252 AD2d 619 (3d Dept.',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(610,46450,46549,'claimant was found','Some very recent examples of cases where a claimant was found “not fully available should illustrate this point nicely:','Some very recent examples of cases where a <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/04/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/\">claimant was found</a> “not fully available should illustrate this point nicely:','Some very recent examples of cases where a claimant was found “not fully available should illustrate this point nicely:','When getting down to the nitty gritty of evidence, testimony from the claimant is of course vital, but so is employer testimony.  Some very recent examples of cases where a claimant was found “not fully available should illustrate this point nicely:','Some very recent examples of cases where a claimant was found “not fully available should illustrate this point nicely',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(611,46450,46549,'found the claimant','The WCLJ found the claimant did not self-limit but the Board reversed:','The WCLJ <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/04/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/\">found the claimant</a> did not self-limit but the Board reversed:','The WCLJ found the claimant did not self-limit but the Board reversed:','Claimant testified that he had never refused work from the employer, but also conceded that his job was “primarily for the purpose of supplementing his Social Security income and that he was not allowed to exceed the $10,000 supplemental income limit although he denied that this limit played any role in his work schedule.  The WCLJ found the claimant did not self-limit but the Board reversed:  “Here, contrary to the statement by the employer, the claimant testified that the he did not refuse work.','the employer.  The employer witness testified by letter to the Court that the claimant had no set hours or schedule and that “many times the claimant did decline our offer of work” sometimes because it was on too short notice, but sometimes because the claimant didn’t like the particular assignment offered.  Claimant testified that he had never refused work from the employer, but also conceded that his job was “primarily for the purpose of supplementing his Social Security income and that he was not allowed to exceed the $10,000 supplemental income limit although he denied that this limit played any role in his work schedule.  The WCLJ found the claimant did not self-limit but the Board reversed',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(612,46450,46561,'claimant testified','“Here, contrary to the statement by the employer, the claimant testified that the he did not refuse work','<em>“Here, contrary to the statement by the employer, the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/01/did-you-know-facebook-pages-are-not-considered-surveillance-that-has-to-be-disclosed-before-a-claimant-testifies/\">claimant testified</a> that the he did not refuse work','<em>“Here, contrary to the statement by the employer, the claimant testified that the he did not refuse work','The WCLJ found the claimant did not self-limit but the Board reversed:  “Here, contrary to the statement by the employer, the claimant testified that the he did not refuse work. However, the claimant also indicated that through his employment he “probably wouldn’t have” exceeded the $10,000.00 Social Security threshold.','<em>“Here, contrary to the statement by the employer, the claimant testified that the he did not refuse work. However, the claimant also indicated that through his employment he “probably wouldn’t have” exceeded the $10,000.00 Social Security threshold. As such, the Board Panel finds that while the claimant may not have refused work',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(613,46450,46374,'claimant typically worked one or two days','Claimant’s C-240 showed a “sporadic” work pattern and that the claimant typically worked one or two days per week for 29 of the 52 weeks preceding the accident','Claimant’s C-240 showed a “sporadic” work pattern and that the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/doubling-down-2-hearing-loss-claims-for-the-same-claimant-denied-on-the-same-day/\">claimant typically worked one or two days</a> per week for 29 of the 52 weeks preceding the accident','Claimant’s C-240 showed a “sporadic” work pattern and that the claimant typically worked one or two days per week for 29 of the 52 weeks preceding the accident','Claimant’s C-240 showed a “sporadic” work pattern and that the claimant typically worked one or two days per week for 29 of the 52 weeks preceding the accident.  The claimant conceded that ” I generally worked one day a week when I was available and if they needed extra days like if someone .','Claimant’s C-240 showed a “sporadic” work pattern and that the claimant typically worked one or two days per week for 29 of the 52 weeks preceding the accident.',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(614,46450,46374,'claimant typically worked one to two days','Further, the C-240 reflects that the claimant typically worked one to two days per week during those 29 weeks.”','Further, the C-240 reflects that the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/doubling-down-2-hearing-loss-claims-for-the-same-claimant-denied-on-the-same-day/\">claimant typically worked one to two days</a> per week during those 29 weeks.</em>”','Further, the C-240 reflects that the claimant typically worked one to two days per week during those 29 weeks.</em>”','As noted above, the C-240 further indicates that the claimant worked sporadically during 29 weeks out of the 52-week period in question. Further, the C-240 reflects that the claimant typically worked one to two days per week during those 29 weeks.”','further indicates that the claimant worked sporadically during 29 weeks out of the 52-week period in question. Further, the C-240 reflects that the claimant typically worked one to two days per week during those 29 weeks.</em>”',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(615,46450,46374,'claimant denied','was scheduled to work and had an unexpected emergency or sick call, I would work additional shifts to fill in.” The claimant denied self-limiting her hour, but on cross she conceded that when she applied for her job she specifically sough only per diem work but that she specifically was hire to work one day a week and she was generally availbe to work on the other week days and that when she applied for the job she was not interested in part-time or full-time work','was scheduled to work and had an unexpected emergency or sick call, I would work additional shifts to fill in.” The <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/doubling-down-2-hearing-loss-claims-for-the-same-claimant-denied-on-the-same-day/\">claimant denied</a> self-limiting her hour, but on cross she conceded that when she applied for her job she specifically sough only <em>per diem </em>work but that she specifically was hire to work one day a week and she was generally availbe to work on the other week days and that when she applied for the job she was not interested in part-time or full-time work','was scheduled to work and had an unexpected emergency or sick call, I would work additional shifts to fill in.” The claimant denied self-limiting her hour, but on cross she conceded that when she applied for her job she specifically sough only <em>per diem </em>work but that she specifically was hire to work one day a week and she was generally availbe to work on the other week days and that when she applied for the job she was not interested in part-time or full-time work','. . was scheduled to work and had an unexpected emergency or sick call, I would work additional shifts to fill in.” The claimant denied self-limiting her hour, but on cross she conceded that when she applied for her job she specifically sough only per diem work but that she specifically was hire to work one day a week and she was generally availbe to work on the other week days and that when she applied for the job she was not interested in part-time or full-time work.  The Board Panel agreed with the WCLJ that the claimant was not fully available for more work and that the 200-multiple minimum did not apply: ','was available and if they needed extra days like if someone . . . was scheduled to work and had an unexpected emergency or sick call, I would work additional shifts to fill in.” The claimant denied self-limiting her hour, but on cross she conceded that when she applied for her job she specifically sough only <em>per diem </em>work but that she specifically was hire to work one day a week and she was generally availbe to work on the other week days and that when she applied for the job she was not interested in part-time or full-time work.  The Board Panel agreed with the WCLJ that the claimant was not fully available for more work and that the 200-multiple minimum did not apply:  <em>“The claimant’s own testimony demonstrates that she had applied for and accepted per diem work. She testified that she was not interested in a full-time or more traditional part-time schedule. As noted above, the C-240 further indicates that the claimant worked sporadically during 29 weeks out of the 52-week period in question. Further, the C-240 reflects that the claimant typically work',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(616,46450,46341,'labor market','Moreover, the proper analysis of whether a claimant is “self-limiting” or “available” for employment is not to be limited to the specific job in question, but instead to the labor market in general','Moreover, the proper analysis of whether a claimant is “self-limiting” or “available” for employment is not to be limited to the specific job in question, but instead to the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/05/labor-market-attachment-and-retirement/\">labor market</a> in general','Moreover, the proper analysis of whether a claimant is “self-limiting” or “available” for employment is not to be limited to the specific job in question, but instead to the labor market in general','Moreover, the proper analysis of whether a claimant is “self-limiting” or “available” for employment is not to be limited to the specific job in question, but instead to the labor market in general. Matter of Kellish v Kellish Tire Sales, Inc., 12 AD3d 804 (3d Dept.','Moreover, the proper analysis of whether a claimant is “self-limiting” or “available” for employment is not to be limited to the specific job in question, but instead to the labor market in general.',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(617,46450,46383,'labor market','Moreover, the proper analysis of whether a claimant is “self-limiting” or “available” for employment is not to be limited to the specific job in question, but instead to the labor market in general','Moreover, the proper analysis of whether a claimant is “self-limiting” or “available” for employment is not to be limited to the specific job in question, but instead to the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2019/05/amendments-to-2017-not-retroactive-if-ppd-claimant-was-not-attached-to-labor-market/\">labor market</a> in general','Moreover, the proper analysis of whether a claimant is “self-limiting” or “available” for employment is not to be limited to the specific job in question, but instead to the labor market in general','Moreover, the proper analysis of whether a claimant is “self-limiting” or “available” for employment is not to be limited to the specific job in question, but instead to the labor market in general. Matter of Kellish v Kellish Tire Sales, Inc., 12 AD3d 804 (3d Dept.','Moreover, the proper analysis of whether a claimant is “self-limiting” or “available” for employment is not to be limited to the specific job in question, but instead to the labor market in general.',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(618,46450,46448,'labor market','Moreover, the proper analysis of whether a claimant is “self-limiting” or “available” for employment is not to be limited to the specific job in question, but instead to the labor market in general','Moreover, the proper analysis of whether a claimant is “self-limiting” or “available” for employment is not to be limited to the specific job in question, but instead to the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2015/09/labor-market-attachment-refresher/\">labor market</a> in general','Moreover, the proper analysis of whether a claimant is “self-limiting” or “available” for employment is not to be limited to the specific job in question, but instead to the labor market in general','Moreover, the proper analysis of whether a claimant is “self-limiting” or “available” for employment is not to be limited to the specific job in question, but instead to the labor market in general. Matter of Kellish v Kellish Tire Sales, Inc., 12 AD3d 804 (3d Dept.','Moreover, the proper analysis of whether a claimant is “self-limiting” or “available” for employment is not to be limited to the specific job in question, but instead to the labor market in general.',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(619,46450,46546,'labor market','Moreover, the proper analysis of whether a claimant is “self-limiting” or “available” for employment is not to be limited to the specific job in question, but instead to the labor market in general','Moreover, the proper analysis of whether a claimant is “self-limiting” or “available” for employment is not to be limited to the specific job in question, but instead to the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/07/did-you-know-an-employer-or-carrier-may-be-able-to-reopen-a-ppd-claim-on-the-issue-of-labor-market-attachment/\">labor market</a> in general','Moreover, the proper analysis of whether a claimant is “self-limiting” or “available” for employment is not to be limited to the specific job in question, but instead to the labor market in general','Moreover, the proper analysis of whether a claimant is “self-limiting” or “available” for employment is not to be limited to the specific job in question, but instead to the labor market in general. Matter of Kellish v Kellish Tire Sales, Inc., 12 AD3d 804 (3d Dept.','Moreover, the proper analysis of whether a claimant is “self-limiting” or “available” for employment is not to be limited to the specific job in question, but instead to the labor market in general.',0,'2022-04-05 01:45:57','2022-04-05 01:45:57'),(620,46338,46511,'carrier applied to reopen','However, these treatment records were not in the Board file and, while carrier applied to reopen the case to get them put into the Board file, the Board denied their application as they knew about the records for some time and thus did not meet the “within a reasonable time after the applicant has had knowledge of the facts” standard','However, these treatment records were not in the Board file and, while <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/10/less-than-twelve-weeks-remaining-for-wcl-%c2%a725-a-because-subject-046-630-contains-stricter-requirements-for-reopening-a-claim-on-the-issue-of-%c2%a725-a-prudent-carriers-and-employers-may-want/\">carrier applied to reopen</a> the case to get them put into the Board file, the Board denied their application as they knew about the records for some time and thus did not meet the “within a reasonable time after the applicant has had knowledge of the facts” standard','However, these treatment records were not in the Board file and, while carrier applied to reopen the case to get them put into the Board file, the Board denied their application as they knew about the records for some time and thus did not meet the “within a reasonable time after the applicant has had knowledge of the facts” standard','The carrier argued that their causal relationship opinions should not stand in support of establishment as they did not account for claimant’s treatment records relating to a prior MVA. However, these treatment records were not in the Board file and, while carrier applied to reopen the case to get them put into the Board file, the Board denied their application as they knew about the records for some time and thus did not meet the “within a reasonable time after the applicant has had knowledge of the facts” standard. Therefore, the Third Department agreed with the Board that, where the doctors reviewed claimant’s medical records in the Board file and met with the claimant, the Board’s decision to establish consequential anxiety was supported by substantial evidence.','However, these treatment records were not in the Board file and, while carrier applied to reopen the case to get them put into the Board file, the Board denied their application as they knew about the records for some time and thus did not meet the “within a reasonable time after the applicant has had knowledge of the facts” standard.',0,'2022-04-05 01:45:58','2022-04-05 01:45:58'),(621,46338,46546,'carrier applied to reopen','However, these treatment records were not in the Board file and, while carrier applied to reopen the case to get them put into the Board file, the Board denied their application as they knew about the records for some time and thus did not meet the “within a reasonable time after the applicant has had knowledge of the facts” standard','However, these treatment records were not in the Board file and, while <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/07/did-you-know-an-employer-or-carrier-may-be-able-to-reopen-a-ppd-claim-on-the-issue-of-labor-market-attachment/\">carrier applied to reopen</a> the case to get them put into the Board file, the Board denied their application as they knew about the records for some time and thus did not meet the “within a reasonable time after the applicant has had knowledge of the facts” standard','However, these treatment records were not in the Board file and, while carrier applied to reopen the case to get them put into the Board file, the Board denied their application as they knew about the records for some time and thus did not meet the “within a reasonable time after the applicant has had knowledge of the facts” standard','The carrier argued that their causal relationship opinions should not stand in support of establishment as they did not account for claimant’s treatment records relating to a prior MVA. However, these treatment records were not in the Board file and, while carrier applied to reopen the case to get them put into the Board file, the Board denied their application as they knew about the records for some time and thus did not meet the “within a reasonable time after the applicant has had knowledge of the facts” standard. Therefore, the Third Department agreed with the Board that, where the doctors reviewed claimant’s medical records in the Board file and met with the claimant, the Board’s decision to establish consequential anxiety was supported by substantial evidence.','However, these treatment records were not in the Board file and, while carrier applied to reopen the case to get them put into the Board file, the Board denied their application as they knew about the records for some time and thus did not meet the “within a reasonable time after the applicant has had knowledge of the facts” standard.',0,'2022-04-05 01:45:58','2022-04-05 01:45:58'),(622,46338,46420,'reopen the case','However, these treatment records were not in the Board file and, while carrier applied to reopen the case to get them put into the Board file, the Board denied their application as they knew about the records for some time and thus did not meet the “within a reasonable time after the applicant has had knowledge of the facts” standard','However, these treatment records were not in the Board file and, while carrier applied to <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2017/10/court-of-appeals-upholds-2013-amendment-to-section-25-a-marking-the-end-for-the-fund-for-reopened-cases/\">reopen the case</a> to get them put into the Board file, the Board denied their application as they knew about the records for some time and thus did not meet the “within a reasonable time after the applicant has had knowledge of the facts” standard','However, these treatment records were not in the Board file and, while carrier applied to reopen the case to get them put into the Board file, the Board denied their application as they knew about the records for some time and thus did not meet the “within a reasonable time after the applicant has had knowledge of the facts” standard','The carrier argued that their causal relationship opinions should not stand in support of establishment as they did not account for claimant’s treatment records relating to a prior MVA. However, these treatment records were not in the Board file and, while carrier applied to reopen the case to get them put into the Board file, the Board denied their application as they knew about the records for some time and thus did not meet the “within a reasonable time after the applicant has had knowledge of the facts” standard. Therefore, the Third Department agreed with the Board that, where the doctors reviewed claimant’s medical records in the Board file and met with the claimant, the Board’s decision to establish consequential anxiety was supported by substantial evidence.','However, these treatment records were not in the Board file and, while carrier applied to reopen the case to get them put into the Board file, the Board denied their application as they knew about the records for some time and thus did not meet the “within a reasonable time after the applicant has had knowledge of the facts” standard.',0,'2022-04-05 01:45:58','2022-04-05 01:45:58'),(623,46338,46439,'reopen the case','However, these treatment records were not in the Board file and, while carrier applied to reopen the case to get them put into the Board file, the Board denied their application as they knew about the records for some time and thus did not meet the “within a reasonable time after the applicant has had knowledge of the facts” standard','However, these treatment records were not in the Board file and, while carrier applied to <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2016/04/reopened-cases/\">reopen the case</a> to get them put into the Board file, the Board denied their application as they knew about the records for some time and thus did not meet the “within a reasonable time after the applicant has had knowledge of the facts” standard','However, these treatment records were not in the Board file and, while carrier applied to reopen the case to get them put into the Board file, the Board denied their application as they knew about the records for some time and thus did not meet the “within a reasonable time after the applicant has had knowledge of the facts” standard','The carrier argued that their causal relationship opinions should not stand in support of establishment as they did not account for claimant’s treatment records relating to a prior MVA. However, these treatment records were not in the Board file and, while carrier applied to reopen the case to get them put into the Board file, the Board denied their application as they knew about the records for some time and thus did not meet the “within a reasonable time after the applicant has had knowledge of the facts” standard. Therefore, the Third Department agreed with the Board that, where the doctors reviewed claimant’s medical records in the Board file and met with the claimant, the Board’s decision to establish consequential anxiety was supported by substantial evidence.','However, these treatment records were not in the Board file and, while carrier applied to reopen the case to get them put into the Board file, the Board denied their application as they knew about the records for some time and thus did not meet the “within a reasonable time after the applicant has had knowledge of the facts” standard.',0,'2022-04-05 01:45:58','2022-04-05 01:45:58'),(624,46338,46342,'medical records and history before making an opinion','Critically, the Third Department requires physicians to have a complete and accurate understanding of the history of the accident and the claimant’s medical records and history before making an opinion in a workers’ compensation case','Critically, the Third Department requires physicians to have a complete and accurate understanding of the history of the accident and the claimant’s <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/05/claim-disallowance-with-unanimous-medical-opinion-giving-causal-relationship/\">medical records and history before making an opinion</a> in a workers’ compensation case','Critically, the Third Department requires physicians to have a complete and accurate understanding of the history of the accident and the claimant’s medical records and history before making an opinion in a workers’ compensation case','This decision is significant, in light of recent Third Department case law that we use to dispute doctors’ opinions on causal relationship. Critically, the Third Department requires physicians to have a complete and accurate understanding of the history of the accident and the claimant’s medical records and history before making an opinion in a workers’ compensation case. See Fox v.','Critically, the Third Department requires physicians to have a complete and accurate understanding of the history of the accident and the claimant’s medical records and history before making an opinion in a workers’ compensation case.',0,'2022-04-05 01:45:58','2022-04-05 01:45:58'),(625,46338,46421,'workers’ compensation','Critically, the Third Department requires physicians to have a complete and accurate understanding of the history of the accident and the claimant’s medical records and history before making an opinion in a workers’ compensation case','Critically, the Third Department requires physicians to have a complete and accurate understanding of the history of the accident and the claimant’s medical records and history before making an opinion in a <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2017/10/how-to-avoid-bad-luck-in-your-comp-claims-this-friday-the-13th-some-basic-time-constraints-for-new-york-state-workers-compensation-claims-to-keep-in-mind/\">workers’ compensation</a> case','Critically, the Third Department requires physicians to have a complete and accurate understanding of the history of the accident and the claimant’s medical records and history before making an opinion in a workers’ compensation case','This decision is significant, in light of recent Third Department case law that we use to dispute doctors’ opinions on causal relationship. Critically, the Third Department requires physicians to have a complete and accurate understanding of the history of the accident and the claimant’s medical records and history before making an opinion in a workers’ compensation case. See Fox v.','Critically, the Third Department requires physicians to have a complete and accurate understanding of the history of the accident and the claimant’s medical records and history before making an opinion in a workers’ compensation case.',0,'2022-04-05 01:45:58','2022-04-05 01:45:58'),(626,46338,46486,'workers’ compensation','Critically, the Third Department requires physicians to have a complete and accurate understanding of the history of the accident and the claimant’s medical records and history before making an opinion in a workers’ compensation case','Critically, the Third Department requires physicians to have a complete and accurate understanding of the history of the accident and the claimant’s medical records and history before making an opinion in a <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2015/08/test-your-ny-workers-compensation-chops/\">workers’ compensation</a> case','Critically, the Third Department requires physicians to have a complete and accurate understanding of the history of the accident and the claimant’s medical records and history before making an opinion in a workers’ compensation case','This decision is significant, in light of recent Third Department case law that we use to dispute doctors’ opinions on causal relationship. Critically, the Third Department requires physicians to have a complete and accurate understanding of the history of the accident and the claimant’s medical records and history before making an opinion in a workers’ compensation case. See Fox v.','Critically, the Third Department requires physicians to have a complete and accurate understanding of the history of the accident and the claimant’s medical records and history before making an opinion in a workers’ compensation case.',0,'2022-04-05 01:45:58','2022-04-05 01:45:58'),(627,46338,46486,'workers’ compensation','For more updates on developments in New York workers’ compensation law, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD & Friends, on the fourth Friday of every month!','For more updates on developments in New York <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2015/08/test-your-ny-workers-compensation-chops/\">workers’ compensation</a> law, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD &amp; Friends, on the fourth Friday of every month!','For more updates on developments in New York workers’ compensation law, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD &amp; Friends, on the fourth Friday of every month!','For more updates on developments in New York workers’ compensation law, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD & Friends, on the fourth Friday of every month!','for case law updated to stay on the cutting-edge of workers’ compensation law in New York. This month',0,'2022-04-05 01:45:58','2022-04-05 01:45:58'),(628,46338,46486,'workers’ compensation','For more updates on developments in New York workers’ compensation law, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD & Friends, on the fourth Friday of every month!','For more updates on developments in New York <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2015/08/test-your-ny-workers-compensation-chops/\">workers’ compensation</a> law, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD &amp; Friends, on the fourth Friday of every month!','For more updates on developments in New York workers’ compensation law, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD &amp; Friends, on the fourth Friday of every month!','For more updates on developments in New York workers’ compensation law, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD & Friends, on the fourth Friday of every month!','for case law updated to stay on the cutting-edge of workers’ compensation law in New York. This month',0,'2022-04-05 01:45:58','2022-04-05 01:45:58'),(629,46338,46512,'workers’ compensation','Critically, the Third Department requires physicians to have a complete and accurate understanding of the history of the accident and the claimant’s medical records and history before making an opinion in a workers’ compensation case','Critically, the Third Department requires physicians to have a complete and accurate understanding of the history of the accident and the claimant’s medical records and history before making an opinion in a <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/09/board-process-re-engineering-bpr-ny-workers-compensation-forum-members-should-be-included-in-the-dialogue/\">workers’ compensation</a> case','Critically, the Third Department requires physicians to have a complete and accurate understanding of the history of the accident and the claimant’s medical records and history before making an opinion in a workers’ compensation case','This decision is significant, in light of recent Third Department case law that we use to dispute doctors’ opinions on causal relationship. Critically, the Third Department requires physicians to have a complete and accurate understanding of the history of the accident and the claimant’s medical records and history before making an opinion in a workers’ compensation case. See Fox v.','Critically, the Third Department requires physicians to have a complete and accurate understanding of the history of the accident and the claimant’s medical records and history before making an opinion in a workers’ compensation case.',0,'2022-04-05 01:45:58','2022-04-05 01:45:58'),(630,46338,46512,'workers’ compensation','For more updates on developments in New York workers’ compensation law, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD & Friends, on the fourth Friday of every month!','For more updates on developments in New York <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/09/board-process-re-engineering-bpr-ny-workers-compensation-forum-members-should-be-included-in-the-dialogue/\">workers’ compensation</a> law, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD &amp; Friends, on the fourth Friday of every month!','For more updates on developments in New York workers’ compensation law, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD &amp; Friends, on the fourth Friday of every month!','For more updates on developments in New York workers’ compensation law, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD & Friends, on the fourth Friday of every month!','for case law updated to stay on the cutting-edge of workers’ compensation law in New York. This month',0,'2022-04-05 01:45:58','2022-04-05 01:45:58'),(631,46338,46555,'workers’ compensation','Critically, the Third Department requires physicians to have a complete and accurate understanding of the history of the accident and the claimant’s medical records and history before making an opinion in a workers’ compensation case','Critically, the Third Department requires physicians to have a complete and accurate understanding of the history of the accident and the claimant’s medical records and history before making an opinion in a <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/02/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/\">workers’ compensation</a> case','Critically, the Third Department requires physicians to have a complete and accurate understanding of the history of the accident and the claimant’s medical records and history before making an opinion in a workers’ compensation case','This decision is significant, in light of recent Third Department case law that we use to dispute doctors’ opinions on causal relationship. Critically, the Third Department requires physicians to have a complete and accurate understanding of the history of the accident and the claimant’s medical records and history before making an opinion in a workers’ compensation case. See Fox v.','Critically, the Third Department requires physicians to have a complete and accurate understanding of the history of the accident and the claimant’s medical records and history before making an opinion in a workers’ compensation case.',0,'2022-04-05 01:45:58','2022-04-05 01:45:58'),(632,46338,46555,'workers’ compensation','For more updates on developments in New York workers’ compensation law, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD & Friends, on the fourth Friday of every month!','For more updates on developments in New York <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/02/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/\">workers’ compensation</a> law, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD &amp; Friends, on the fourth Friday of every month!','For more updates on developments in New York workers’ compensation law, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD &amp; Friends, on the fourth Friday of every month!','For more updates on developments in New York workers’ compensation law, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD & Friends, on the fourth Friday of every month!','for case law updated to stay on the cutting-edge of workers’ compensation law in New York. This month',0,'2022-04-05 01:45:58','2022-04-05 01:45:58'),(633,46338,46555,'workers’ compensation','For more updates on developments in New York workers’ compensation law, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD & Friends, on the fourth Friday of every month!','For more updates on developments in New York <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/02/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/\">workers’ compensation</a> law, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD &amp; Friends, on the fourth Friday of every month!','For more updates on developments in New York workers’ compensation law, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD &amp; Friends, on the fourth Friday of every month!','For more updates on developments in New York workers’ compensation law, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD & Friends, on the fourth Friday of every month!','for case law updated to stay on the cutting-edge of workers’ compensation law in New York. This month',0,'2022-04-05 01:45:58','2022-04-05 01:45:58'),(634,46338,46340,'medical evidence','2020) (finding claimant’s medical evidence insufficient to support a claim for an allegedly causally-related meniscal tear where the doctor testified that it is “very reasonable that something could have happened at work that exacerbated a chronic condition” or that there was a “strong possibility” that the claimant suffered an acute meniscal tear)','2020) (finding claimant’s <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/07/pain-is-not-enough-for-prima-facie-medical-evidence/\">medical evidence</a> insufficient to support a claim for an allegedly causally-related meniscal tear where the doctor testified that it is “very reasonable that something could have happened at work that exacerbated a chronic condition” or that there was a “strong possibility” that the claimant suffered an acute meniscal tear)','2020) (finding claimant’s medical evidence insufficient to support a claim for an allegedly causally-related meniscal tear where the doctor testified that it is “very reasonable that something could have happened at work that exacerbated a chronic condition” or that there was a “strong possibility” that the claimant suffered an acute meniscal tear)','Borg Warner, 186 A.D.3d 1772, 1773 (3d Dept. 2020) (finding claimant’s medical evidence insufficient to support a claim for an allegedly causally-related meniscal tear where the doctor testified that it is “very reasonable that something could have happened at work that exacerbated a chronic condition” or that there was a “strong possibility” that the claimant suffered an acute meniscal tear).','2020) (finding claimant’s medical evidence insufficient to support a claim for an allegedly causally-related meniscal tear where the doctor testified that it is “very reasonable that something could have happened at work that exacerbated a chronic condition” or that there was a “strong possibility” that the claimant suffered an acute meniscal tear',0,'2022-04-05 01:45:58','2022-04-05 01:45:58'),(635,46338,46236,'updates on developments in New York workers’ compensation law','For more updates on developments in New York workers’ compensation law, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD & Friends, on the fourth Friday of every month!','For more <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/client-resources/case-law-updates-lomad-case-law-updates/\">updates on developments in New York workers’ compensation law</a>, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD &amp; Friends, on the fourth Friday of every month!','For more updates on developments in New York workers’ compensation law, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD &amp; Friends, on the fourth Friday of every month!','For more updates on developments in New York workers’ compensation law, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD & Friends, on the fourth Friday of every month!','For more updates on developments in New York workers’ compensation law, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD &amp; Friends, on the fourth Friday of every month!',0,'2022-04-05 01:45:58','2022-04-05 01:45:58'),(636,46338,48276,'compensation law','For more updates on developments in New York workers’ compensation law, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD & Friends, on the fourth Friday of every month!','For more updates on developments in New York workers’ <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/amherst-workers-compensation-defense-law-office/\">compensation law</a>, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD &amp; Friends, on the fourth Friday of every month!','For more updates on developments in New York workers’ compensation law, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD &amp; Friends, on the fourth Friday of every month!','For more updates on developments in New York workers’ compensation law, stay tuned to our NY WC Blog, please join the New York Workers’ Compensation Forum on LinkedIn, and attend our monthly webinar series, LOMAD & Friends, on the fourth Friday of every month!','for case law updated to stay on the cutting-edge of workers’ compensation law in New York. This month',0,'2022-04-05 01:45:58','2022-04-05 01:45:58'),(637,46546,46511,'carrier or employer','Simply sending a letter indicating that the carrier or employer is willing to provide such services does not appear to be sufficient','Simply sending a letter indicating that the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/10/less-than-twelve-weeks-remaining-for-wcl-%c2%a725-a-because-subject-046-630-contains-stricter-requirements-for-reopening-a-claim-on-the-issue-of-%c2%a725-a-prudent-carriers-and-employers-may-want/\">carrier or employer</a> is willing to provide such services does not appear to be sufficient','Simply sending a letter indicating that the carrier or employer is willing to provide such services does not appear to be sufficient','Simply sending a letter indicating that the carrier or employer is willing to provide such services does not appear to be sufficient.  Based on the Board Panel decisions, the offer of assistance must an actual offer of retraining, or a specific offer of job search assistance through a company which provides such services, not simply an indication that the carrier will offer such services.','Simply sending a letter indicating that the carrier or employer is willing to provide such services does not appear to be sufficient.',0,'2022-04-05 01:45:59','2022-04-05 01:45:59'),(638,46546,46511,'carrier or employer','Thus, the likely best practice if a carrier or employer wants to challenge a PPD claimant’s entitlement to ongoing benefits is to retain a retraining or job search assistance company and have the company send a correspondence to the claimant detailing the services that will be provided','Thus, the likely best practice if a <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/10/less-than-twelve-weeks-remaining-for-wcl-%c2%a725-a-because-subject-046-630-contains-stricter-requirements-for-reopening-a-claim-on-the-issue-of-%c2%a725-a-prudent-carriers-and-employers-may-want/\">carrier or employer</a> wants to challenge a PPD claimant’s entitlement to ongoing benefits is to retain a retraining or job search assistance company and have the company send a correspondence to the claimant detailing the services that will be provided','Thus, the likely best practice if a carrier or employer wants to challenge a PPD claimant’s entitlement to ongoing benefits is to retain a retraining or job search assistance company and have the company send a correspondence to the claimant detailing the services that will be provided','Thus, the likely best practice if a carrier or employer wants to challenge a PPD claimant’s entitlement to ongoing benefits is to retain a retraining or job search assistance company and have the company send a correspondence to the claimant detailing the services that will be provided.  Of course, the letter should be simultaneously copied to the Claimant’s attorney.  ','Thus, the likely best practice if a carrier or employer wants to challenge a PPD claimant’s entitlement to ongoing benefits is to retain a retraining or job search assistance company and have the company send a correspondence to the claimant detailing the services that will be provided.',0,'2022-04-05 01:45:59','2022-04-05 01:45:59'),(639,46546,46370,'claim for a total industrial','A carrier or employer may want to weigh the chances that such an individual could make a claim for a total industrial disability when challenging his or her entitlement to PPD benefits','A carrier or employer may want to weigh the chances that such an individual could make a <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/02/occupational-disease-claims-after-matter-of-pinnacle-industries-ii-llc-2019-ny-wrk-comp-g2020587/\">claim for a total industrial</a> disability when challenging his or her entitlement to PPD benefits','A carrier or employer may want to weigh the chances that such an individual could make a claim for a total industrial disability when challenging his or her entitlement to PPD benefits','A carrier or employer may want to weigh the chances that such an individual could make a claim for a total industrial disability when challenging his or her entitlement to PPD benefits.  Thus, having a vocational firm perform a preliminary assessment of the claimant’s employability may be advisable before making a decision to employ this kind of strategy.  ','A carrier or employer may want to weigh the chances that such an individual could make a claim for a total industrial disability when challenging his or her entitlement to PPD benefits.',0,'2022-04-05 01:45:59','2022-04-05 01:45:59'),(640,46132,46421,'workers’ compensation','She is looking forward to learning more within the workers’ compensation area with our firm','She is looking forward to learning more within the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2017/10/how-to-avoid-bad-luck-in-your-comp-claims-this-friday-the-13th-some-basic-time-constraints-for-new-york-state-workers-compensation-claims-to-keep-in-mind/\">workers’ compensation</a> area with our firm','She is looking forward to learning more within the workers’ compensation area with our firm','She has worked extensively in the legal field for more than 10 years in various areas of law including foreclosures and contract law. She is looking forward to learning more within the workers’ compensation area with our firm.','She has worked extensively in the legal field for more than 10 years in various areas of law including foreclosures and contract law. She is looking forward to learning more within the workers’ compensation area with our firm.',0,'2022-04-05 01:46:00','2022-04-05 01:46:00'),(641,46132,46486,'workers’ compensation','She is looking forward to learning more within the workers’ compensation area with our firm','She is looking forward to learning more within the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2015/08/test-your-ny-workers-compensation-chops/\">workers’ compensation</a> area with our firm','She is looking forward to learning more within the workers’ compensation area with our firm','She has worked extensively in the legal field for more than 10 years in various areas of law including foreclosures and contract law. She is looking forward to learning more within the workers’ compensation area with our firm.','She has worked extensively in the legal field for more than 10 years in various areas of law including foreclosures and contract law. She is looking forward to learning more within the workers’ compensation area with our firm.',0,'2022-04-05 01:46:00','2022-04-05 01:46:00'),(642,46132,46512,'workers’ compensation','She is looking forward to learning more within the workers’ compensation area with our firm','She is looking forward to learning more within the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/09/board-process-re-engineering-bpr-ny-workers-compensation-forum-members-should-be-included-in-the-dialogue/\">workers’ compensation</a> area with our firm','She is looking forward to learning more within the workers’ compensation area with our firm','She has worked extensively in the legal field for more than 10 years in various areas of law including foreclosures and contract law. She is looking forward to learning more within the workers’ compensation area with our firm.','She has worked extensively in the legal field for more than 10 years in various areas of law including foreclosures and contract law. She is looking forward to learning more within the workers’ compensation area with our firm.',0,'2022-04-05 01:46:00','2022-04-05 01:46:00'),(643,46132,46555,'workers’ compensation','She is looking forward to learning more within the workers’ compensation area with our firm','She is looking forward to learning more within the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/02/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/\">workers’ compensation</a> area with our firm','She is looking forward to learning more within the workers’ compensation area with our firm','She has worked extensively in the legal field for more than 10 years in various areas of law including foreclosures and contract law. She is looking forward to learning more within the workers’ compensation area with our firm.','She has worked extensively in the legal field for more than 10 years in various areas of law including foreclosures and contract law. She is looking forward to learning more within the workers’ compensation area with our firm.',0,'2022-04-05 01:46:00','2022-04-05 01:46:00'),(644,46426,46374,'hearings and reduce the cost of workers’ compensation claims','When used properly, these tools can cut back on unnecessary hearings and reduce the cost of workers’ compensation claims for both parties and the WCB','When used properly, these tools can cut back on unnecessary <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/doubling-down-2-hearing-loss-claims-for-the-same-claimant-denied-on-the-same-day/\">hearings and reduce the cost of workers’ compensation claims</a> for both parties and the WCB','When used properly, these tools can cut back on unnecessary hearings and reduce the cost of workers’ compensation claims for both parties and the WCB','When used properly, these tools can cut back on unnecessary hearings and reduce the cost of workers’ compensation claims for both parties and the WCB.','When used properly, these tools can cut back on unnecessary hearings and reduce the cost of workers’ compensation claims for both parties and the WCB.',0,'2022-04-05 01:46:01','2022-04-05 01:46:01'),(645,46426,46421,'workers’ compensation claims','When used properly, these tools can cut back on unnecessary hearings and reduce the cost of workers’ compensation claims for both parties and the WCB','When used properly, these tools can cut back on unnecessary hearings and reduce the cost of <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2017/10/how-to-avoid-bad-luck-in-your-comp-claims-this-friday-the-13th-some-basic-time-constraints-for-new-york-state-workers-compensation-claims-to-keep-in-mind/\">workers’ compensation claims</a> for both parties and the WCB','When used properly, these tools can cut back on unnecessary hearings and reduce the cost of workers’ compensation claims for both parties and the WCB','When used properly, these tools can cut back on unnecessary hearings and reduce the cost of workers’ compensation claims for both parties and the WCB.','When used properly, these tools can cut back on unnecessary hearings and reduce the cost of workers’ compensation claims for both parties and the WCB.',0,'2022-04-05 01:46:01','2022-04-05 01:46:01'),(646,46426,46486,'workers’ compensation','When used properly, these tools can cut back on unnecessary hearings and reduce the cost of workers’ compensation claims for both parties and the WCB','When used properly, these tools can cut back on unnecessary hearings and reduce the cost of <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2015/08/test-your-ny-workers-compensation-chops/\">workers’ compensation</a> claims for both parties and the WCB','When used properly, these tools can cut back on unnecessary hearings and reduce the cost of workers’ compensation claims for both parties and the WCB','When used properly, these tools can cut back on unnecessary hearings and reduce the cost of workers’ compensation claims for both parties and the WCB.','When used properly, these tools can cut back on unnecessary hearings and reduce the cost of workers’ compensation claims for both parties and the WCB.',0,'2022-04-05 01:46:01','2022-04-05 01:46:01'),(647,46426,46512,'workers’ compensation','When used properly, these tools can cut back on unnecessary hearings and reduce the cost of workers’ compensation claims for both parties and the WCB','When used properly, these tools can cut back on unnecessary hearings and reduce the cost of <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/09/board-process-re-engineering-bpr-ny-workers-compensation-forum-members-should-be-included-in-the-dialogue/\">workers’ compensation</a> claims for both parties and the WCB','When used properly, these tools can cut back on unnecessary hearings and reduce the cost of workers’ compensation claims for both parties and the WCB','When used properly, these tools can cut back on unnecessary hearings and reduce the cost of workers’ compensation claims for both parties and the WCB.','When used properly, these tools can cut back on unnecessary hearings and reduce the cost of workers’ compensation claims for both parties and the WCB.',0,'2022-04-05 01:46:01','2022-04-05 01:46:01'),(648,46426,46555,'workers’ compensation','When used properly, these tools can cut back on unnecessary hearings and reduce the cost of workers’ compensation claims for both parties and the WCB','When used properly, these tools can cut back on unnecessary hearings and reduce the cost of <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/02/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/\">workers’ compensation</a> claims for both parties and the WCB','When used properly, these tools can cut back on unnecessary hearings and reduce the cost of workers’ compensation claims for both parties and the WCB','When used properly, these tools can cut back on unnecessary hearings and reduce the cost of workers’ compensation claims for both parties and the WCB.','When used properly, these tools can cut back on unnecessary hearings and reduce the cost of workers’ compensation claims for both parties and the WCB.',0,'2022-04-05 01:46:01','2022-04-05 01:46:01'),(649,46426,46236,'case law','Indeed, the Board calls the case law “well settled” that a medical provider is not a party pursuant to WCL Sec','Indeed, the Board calls the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/client-resources/case-law-updates-lomad-case-law-updates/\">case law</a> “well settled” that a medical provider is not a party pursuant to WCL Sec','Indeed, the Board calls the case law “well settled” that a medical provider is not a party pursuant to WCL Sec','However, the Board has clearly stated, on more than one occasion, that a medical provider is neither a party, nor a “party in interest” (a WC term of art for these purposes). Indeed, the Board calls the case law “well settled” that a medical provider is not a party pursuant to WCL Sec. 23 and thus cannot appeal, or rebut an appeal, from a WCLJ’s decision.','Indeed, the Board calls the case law “well settled” that a medical provider is not a party pursuant to WCL Sec. 23 and thus cannot appeal, or rebut an appeal, from a WCLJ’s decision. <u>Matter of Bausch &amp; Lomb</u>, 2000 NY Wrk Comp 79613525. The Board has held that a medical provider is not a “party” for the purpose of WCL Sec.',0,'2022-04-05 01:46:01','2022-04-05 01:46:01');
