INSERT INTO `cuB_aioseo_links_suggestions` VALUES (650,46426,46503,'appeal relating to that treatment','In fact, the Board has gone so far as to say that a medical provider, even when his or her own treatment is at issue, need not be served a copy of an appeal relating to that treatment','In fact, the Board has gone so far as to say that a medical provider, even when his or her own treatment is at issue, need not be served a copy of an <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/\">appeal relating to that treatment</a>','In fact, the Board has gone so far as to say that a medical provider, even when his or her own treatment is at issue, need not be served a copy of an appeal relating to that treatment','1500020. In fact, the Board has gone so far as to say that a medical provider, even when his or her own treatment is at issue, need not be served a copy of an appeal relating to that treatment. Metropolitan Hospital, 2014 NY Wrk.','iness criteria are met. 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. <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. 114-a(3) and thus cannot be penalized for presenting a frivolous argument to the Board through a variance or authorization request. , 2016 NY Wrk. Comp. 1500020. In fact, the Board has gone so far as to say that a medical provider, even when his or her own treatment is at issue, need not be served a copy of an appeal relating to that treatment. <u>Metropolitan Hospital</u>, 2014 NY Wrk. Comp. 0428844. If you are not subject to the jurisdiction of the Board for the purpose of a penalty for a frivolous objection, and if for all other enumerated purposes you are not a “party” or a “party in interest,” then you cannot lodge an objection to a Proposed Decision.',0,'2022-04-05 01:46:01','2022-04-05 01:46:01'),(651,46540,46541,'filed a 3 party action','Defendants filed a 3 party action against the employer/owner for contribution for the injuries sustained by his employee','Defendants <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/\">filed a 3 party action</a> against the employer/owner for contribution for the injuries sustained by his employee','Defendants filed a 3 party action against the employer/owner for contribution for the injuries sustained by his employee','The employee/passenger sued defendants who were the driver and owner of the other vehicle involved in the accident. Defendants filed a 3 party action against the employer/owner for contribution for the injuries sustained by his employee.','defendants who were the driver and owner of the other vehicle involved in the accident. Defendants filed a 3 party action against the employer/owner for contribution for the injuries sustained by his employee.',0,'2022-04-05 01:46:02','2022-04-05 01:46:02'),(652,46540,46348,'liability of an employer set forth in section','The right to compensation or benefits under this chapter, shall be the exclusive remedy to an employee…when such employee is injured or killed by the negligence or wrong of another in the same employ…The limitation of liability of an employer set forth in section eleven of this article for the injury or death of an employee shall be applicable to another in the same employ…','The right to compensation or benefits under this chapter, shall be the exclusive remedy to an employee…when such employee is injured or killed by the negligence or wrong of another in the same employ…The limitation of <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/\">liability of an employer set forth in section</a> eleven of this article for the injury or death of an employee shall be applicable to another in the same employ…','The right to compensation or benefits under this chapter, shall be the exclusive remedy to an employee…when such employee is injured or killed by the negligence or wrong of another in the same employ…The limitation of liability of an employer set forth in section eleven of this article for the injury or death of an employee shall be applicable to another in the same employ…','The right to compensation or benefits under this chapter, shall be the exclusive remedy to an employee…when such employee is injured or killed by the negligence or wrong of another in the same employ…The limitation of liability of an employer set forth in section eleven of this article for the injury or death of an employee shall be applicable to another in the same employ…','The right to compensation or benefits under this chapter, shall be the exclusive remedy to an employee…when such employee is injured or killed by the negligence or wrong of another in the same employ…The limitation of liability of an employer set forth in section eleven of this article for the injury or death of an employee shall be applicable to another in the same employ…',0,'2022-04-05 01:46:02','2022-04-05 01:46:02'),(653,46540,46340,'medical evidence','…An employer shall not be liable for contribution or indemnity to any third person based upon liability for injuries sustained by an employee acting within the scope of his or her employment for such employer unless such third person proves through competent medical evidence that such employee has sustained a “grave injury”…','…An employer shall not be liable for contribution or indemnity to any third person based upon liability for injuries sustained by an employee acting within the scope of his or her employment for such employer unless such third person proves through competent <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> that such employee has sustained a “grave injury”…','…An employer shall not be liable for contribution or indemnity to any third person based upon liability for injuries sustained by an employee acting within the scope of his or her employment for such employer unless such third person proves through competent medical evidence that such employee has sustained a “grave injury”…','…An employer shall not be liable for contribution or indemnity to any third person based upon liability for injuries sustained by an employee acting within the scope of his or her employment for such employer unless such third person proves through competent medical evidence that such employee has sustained a “grave injury”…','…An employer shall not be liable for contribution or indemnity to any third person based upon liability for injuries sustained by an employee acting within the scope of his or her employment for such employer unless such third person proves through competent medical evidence that such employee has sustained a “grave injury”…',0,'2022-04-05 01:46:02','2022-04-05 01:46:02'),(654,46166,46421,'workers’ compensation','Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers since shortly after she was admitted in 1997','Melissa began her practice defending <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> insurance carriers and self-insured employers since shortly after she was admitted in 1997','Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers since shortly after she was admitted in 1997','Owner and managing attorney of , in Amherst, exclusively practices workers’ compensation defense. Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers since shortly after she was admitted in 1997.','Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers since shortly after she was admitted in 1997.',0,'2022-04-05 01:46:02','2022-04-05 01:46:02'),(655,46166,46421,'workers’ compensation','Melissa frequently lectures on and blogs about recent developments in workers’ compensation law','Melissa frequently lectures on and blogs about recent developments 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> law','Melissa frequently lectures on and blogs about recent developments in workers’ compensation law','Melissa frequently lectures on and blogs about recent developments in workers’ compensation law. She is the founder, owner and moderator of the Linkedin Group New York Workers’ Compensation Forum, which currently boasts over 1,800 members.','Melissa frequently lectures on and blogs about recent developments in workers’ compensation law.',0,'2022-04-05 01:46:02','2022-04-05 01:46:02'),(656,46166,46486,'workers’ compensation','Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers since shortly after she was admitted in 1997','Melissa began her practice defending <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> insurance carriers and self-insured employers since shortly after she was admitted in 1997','Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers since shortly after she was admitted in 1997','Owner and managing attorney of , in Amherst, exclusively practices workers’ compensation defense. Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers since shortly after she was admitted in 1997.','Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers since shortly after she was admitted in 1997.',0,'2022-04-05 01:46:02','2022-04-05 01:46:02'),(657,46166,46486,'workers’ compensation','Melissa frequently lectures on and blogs about recent developments in workers’ compensation law','Melissa frequently lectures on and blogs about recent developments 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> law','Melissa frequently lectures on and blogs about recent developments in workers’ compensation law','Melissa frequently lectures on and blogs about recent developments in workers’ compensation law. She is the founder, owner and moderator of the Linkedin Group New York Workers’ Compensation Forum, which currently boasts over 1,800 members.','Melissa frequently lectures on and blogs about recent developments in workers’ compensation law.',0,'2022-04-05 01:46:02','2022-04-05 01:46:02'),(658,46166,46512,'workers’ compensation','Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers since shortly after she was admitted in 1997','Melissa began her practice defending <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> insurance carriers and self-insured employers since shortly after she was admitted in 1997','Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers since shortly after she was admitted in 1997','Owner and managing attorney of , in Amherst, exclusively practices workers’ compensation defense. Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers since shortly after she was admitted in 1997.','Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers since shortly after she was admitted in 1997.',0,'2022-04-05 01:46:02','2022-04-05 01:46:02'),(659,46166,46512,'workers’ compensation','Melissa frequently lectures on and blogs about recent developments in workers’ compensation law','Melissa frequently lectures on and blogs about recent developments 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> law','Melissa frequently lectures on and blogs about recent developments in workers’ compensation law','Melissa frequently lectures on and blogs about recent developments in workers’ compensation law. She is the founder, owner and moderator of the Linkedin Group New York Workers’ Compensation Forum, which currently boasts over 1,800 members.','Melissa frequently lectures on and blogs about recent developments in workers’ compensation law.',0,'2022-04-05 01:46:02','2022-04-05 01:46:02'),(660,46166,46555,'workers’ compensation insurance carriers and self-insured employers','Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers since shortly after she was admitted in 1997','Melissa began her practice defending <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 insurance carriers and self-insured employers</a> since shortly after she was admitted in 1997','Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers since shortly after she was admitted in 1997','Owner and managing attorney of , in Amherst, exclusively practices workers’ compensation defense. Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers since shortly after she was admitted in 1997.','Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers since shortly after she was admitted in 1997.',0,'2022-04-05 01:46:02','2022-04-05 01:46:02'),(661,46166,46555,'workers’ compensation','Melissa frequently lectures on and blogs about recent developments in workers’ compensation law','Melissa frequently lectures on and blogs about recent developments 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> law','Melissa frequently lectures on and blogs about recent developments in workers’ compensation law','Melissa frequently lectures on and blogs about recent developments in workers’ compensation law. She is the founder, owner and moderator of the Linkedin Group New York Workers’ Compensation Forum, which currently boasts over 1,800 members.','Melissa frequently lectures on and blogs about recent developments in workers’ compensation law.',0,'2022-04-05 01:46:02','2022-04-05 01:46:02'),(662,46166,46541,'insurance carriers','Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers since shortly after she was admitted in 1997','Melissa began her practice defending workers’ compensation <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/\">insurance carriers</a> and self-insured employers since shortly after she was admitted in 1997','Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers since shortly after she was admitted in 1997','Owner and managing attorney of , in Amherst, exclusively practices workers’ compensation defense. Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers since shortly after she was admitted in 1997.','Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers since shortly after she was admitted in 1997.',0,'2022-04-05 01:46:02','2022-04-05 01:46:02'),(663,46166,46511,'carriers and self-insured employers','Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers since shortly after she was admitted in 1997','Melissa began her practice defending workers’ compensation insurance <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/\">carriers and self-insured employers</a> since shortly after she was admitted in 1997','Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers since shortly after she was admitted in 1997','Owner and managing attorney of , in Amherst, exclusively practices workers’ compensation defense. Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers since shortly after she was admitted in 1997.','Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers since shortly after she was admitted in 1997.',0,'2022-04-05 01:46:02','2022-04-05 01:46:02'),(664,46166,46546,'carriers and self-insured employers','Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers since shortly after she was admitted in 1997','Melissa began her practice defending workers’ compensation insurance <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/\">carriers and self-insured employers</a> since shortly after she was admitted in 1997','Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers since shortly after she was admitted in 1997','Owner and managing attorney of , in Amherst, exclusively practices workers’ compensation defense. Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers since shortly after she was admitted in 1997.','Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers since shortly after she was admitted in 1997.',0,'2022-04-05 01:46:02','2022-04-05 01:46:02'),(665,46166,48276,'compensation law','Melissa frequently lectures on and blogs about recent developments in workers’ compensation law','Melissa frequently lectures on and blogs about recent developments in workers’ <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/amherst-workers-compensation-defense-law-office/\">compensation law</a>','Melissa frequently lectures on and blogs about recent developments in workers’ compensation law','Melissa frequently lectures on and blogs about recent developments in workers’ compensation law. She is the founder, owner and moderator of the Linkedin Group New York Workers’ Compensation Forum, which currently boasts over 1,800 members.','Melissa frequently lectures on and blogs about recent developments in workers’ compensation law. She is the founder, owner and moderator of the Linkedin Group New York Workers’ Compensation Forum, which currently boasts over 1,800 members.',0,'2022-04-05 01:46:02','2022-04-05 01:46:02'),(666,46370,46387,'compensation due the employee for his loss','In hearing loss cases, pursuant to Workers’ Compensation Law § 49-ee(1), “[t]he last employer in whose employment the employee was exposed to harmful noise … [is] liable for the payment of the total compensation due the employee for his loss of hearing caused by all of his employments in which he was exposed to harmful noise.”(Woodruff v Goulds Pumps/ITT Indus., 18 A.D.3d 1063 [2005]).','<em>In hearing loss cases, pursuant to Workers’ Compensation Law § 49-ee(1), “[t]he last employer in whose employment the employee was exposed to harmful noise … [is] liable for the payment of the total <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/\">compensation due the employee for his loss</a> of hearing caused by all of his employments in which he was exposed to harmful noise.”(<u>Woodruff v Goulds Pumps/ITT Indus</u>., 18 A.D.3d 1063 [2005]).</em>','<em>In hearing loss cases, pursuant to Workers’ Compensation Law § 49-ee(1), “[t]he last employer in whose employment the employee was exposed to harmful noise … [is] liable for the payment of the total compensation due the employee for his loss of hearing caused by all of his employments in which he was exposed to harmful noise.”(<u>Woodruff v Goulds Pumps/ITT Indus</u>., 18 A.D.3d 1063 [2005]).</em>','In hearing loss cases, pursuant to Workers’ Compensation Law § 49-ee(1), “[t]he last employer in whose employment the employee was exposed to harmful noise … [is] liable for the payment of the total compensation due the employee for his loss of hearing caused by all of his employments in which he was exposed to harmful noise.”(Woodruff v Goulds Pumps/ITT Indus., 18 A.D.3d 1063 [2005]).','<em>In hearing loss cases, pursuant to Workers’ Compensation Law § 49-ee(1), “[t]he last employer in whose employment the employee was exposed to harmful noise … [is] liable for the payment of the total compensation due the employee for his loss of hearing caused by all of his employments in which he was exposed to harmful noise.”(<u>Woodruff v Goulds Pumps/ITT Indus</u>., 18 A.D.3d 1063 [2005',0,'2022-04-05 03:04:59','2022-04-05 03:04:59'),(667,46370,46511,'carriers with the general policy for employers,','Good news for carriers with the general policy for employers, but bad news for wrap-up carriers','Good news for <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/\">carriers with the general policy for employers,</a> but bad news for wrap-up carriers','Good news for carriers with the general policy for employers, but bad news for wrap-up carriers','Good news for carriers with the general policy for employers, but bad news for wrap-up carriers. General policy carriers should now be looking for wrap-up policies that cover the claimant’s work location on every occupational disease claim filed.','Good news for carriers with the general policy for employers, but bad news for wrap-up carriers. General policy carriers should now be looking for wrap-up policies that cover the claimant’s work location on every occupational disease claim filed. We’ve seen some wrap-up carriers argue that public policy would dictate that the Board should reverse this disavowal, as <u>Pinnacle Industries</u> requires them to take on unfunded liability because their policies would have been written with the understanding that they wouldn’t be liable for occupational diseases, and so they wouldn’t have charged premiums sufficient to cover this liability. We think that’s likely to go nowhere. A similar argument had already been shot down by the Court of Appeals when carriers',0,'2022-04-05 03:04:59','2022-04-05 03:04:59'),(668,46370,46511,'prudent carrier','But a prudent carrier should have counter-arguments at the ready to defeat such arguments','But a <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/\">prudent carrier</a> should have counter-arguments at the ready to defeat such arguments','But a prudent carrier should have counter-arguments at the ready to defeat such arguments','So far, the Board hasn’t taken that bait. But a prudent carrier should have counter-arguments at the ready to defeat such arguments. Namely, that the contract between the carrier and the insured consistently assumes the risk of legislative change and that liability for any benefit required of employers by the WCL ultimately rested with the carrier.','but bad news for wrap-up carriers. General policy carriers should now be looking for wrap-up policies that cover the claimant’s work location on every occupational disease claim filed. We’ve seen some wrap-up carriers argue that public policy would dictate that the Board should reverse this disavowal, as <u>Pinnacle Industries</u> requires them to take on unfunded liability because their policies would have been written with the understanding that they wouldn’t be liable for occupational diseases, and so they wouldn’t have charged premiums sufficient to cover this liability. We think that’s likely to go nowhere. A similar argument had already been shot down by the Court of Appeals when carriers tried to argue that closing the door on Section 25-a transfer of liability required them to assume unfunded liability. So far, the Board hasn’t taken that bait. But a prudent carrier should have counter-arguments at the ready to defeat such arguments.',0,'2022-04-05 03:04:59','2022-04-05 03:04:59'),(669,46370,46546,'carriers with the general policy for employers,','Good news for carriers with the general policy for employers, but bad news for wrap-up carriers','Good news for <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/\">carriers with the general policy for employers,</a> but bad news for wrap-up carriers','Good news for carriers with the general policy for employers, but bad news for wrap-up carriers','Good news for carriers with the general policy for employers, but bad news for wrap-up carriers. General policy carriers should now be looking for wrap-up policies that cover the claimant’s work location on every occupational disease claim filed.','Good news for carriers with the general policy for employers, but bad news for wrap-up carriers. General policy carriers should now be looking for wrap-up policies that cover the claimant’s work location on every occupational disease claim filed. We’ve seen some wrap-up carriers argue that public policy would dictate that the Board should reverse this disavowal, as <u>Pinnacle Industries</u> requires them to take on unfunded liability because their policies would have been written with the understanding that they wouldn’t be liable for occupational diseases, and so they wouldn’t have charged premiums sufficient to cover this liability. We think that’s likely to go nowhere. A similar argument had already been shot down by the Court of Appeals when carriers',0,'2022-04-05 03:04:59','2022-04-05 03:04:59'),(670,46370,46541,'carrier and the insured','Namely, that the contract between the carrier and the insured consistently assumes the risk of legislative change and that liability for any benefit required of employers by the WCL ultimately rested with the carrier','Namely, that the contract between the <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/\">carrier and the insured</a> consistently assumes the risk of legislative change and that liability for any benefit required of employers by the WCL ultimately rested with the carrier','Namely, that the contract between the carrier and the insured consistently assumes the risk of legislative change and that liability for any benefit required of employers by the WCL ultimately rested with the carrier','But a prudent carrier should have counter-arguments at the ready to defeat such arguments. Namely, that the contract between the carrier and the insured consistently assumes the risk of legislative change and that liability for any benefit required of employers by the WCL ultimately rested with the carrier. At most, the contract became less profitably, and there’s always a risk of premiums being insufficient to cover a carrier’s liability, which is a risk inherent in the insurance market.','Namely, that the contract between the carrier and the insured consistently assumes the risk of legislative change and that liability for any benefit required of employers by the WCL ultimately rested with the carrier. At most, the contract became less profitably, and there’s always a risk of premiums being insufficient to cover a carrier',0,'2022-04-05 03:04:59','2022-04-05 03:04:59'),(671,46343,46511,'counsel made a ridiculous argument that the employer','In an effort to shift the burden of proof claimant’s counsel made a ridiculous argument that the employer should keep all videos on file in perpetuity in case there is a late notification','In an effort to shift the burden of proof claimant’s <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/\">counsel made a ridiculous argument that the employer</a> should keep all videos on file in perpetuity in case there is a late notification','In an effort to shift the burden of proof claimant’s counsel made a ridiculous argument that the employer should keep all videos on file in perpetuity in case there is a late notification','In an effort to shift the burden of proof claimant’s counsel made a ridiculous argument that the employer should keep all videos on file in perpetuity in case there is a late notification.  Claimant’s counsel further made a circular argument that because there was no surveillance the employer could not prove that there was anything even relevant on the surveillance. ','In an effort to shift the burden of proof claimant’s counsel made a ridiculous argument that the employer should keep all videos on file in perpetuity in case there is a late notification.',0,'2022-04-05 03:05:00','2022-04-05 03:05:00'),(672,46343,46511,'employer from properly investigating the claim','The Court has found prejudice when the delay aggravates the injury or prevents the employer from properly investigating the claim','The Court has found prejudice when the delay aggravates the injury or prevents the <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/\">employer from properly investigating the claim</a>','The Court has found prejudice when the delay aggravates the injury or prevents the employer from properly investigating the claim','(Zraunig v New York Telephone Company, 32 A.D2d 686 [3rd Dept 1969]). The Court has found prejudice when the delay aggravates the injury or prevents the employer from properly investigating the claim. (Yagaloff v Lincoln Hall, 137 AD2d 955 [3rd Dept 1988]; Pierce v New York Telephone Company, 99 A.D.2d 898  ','the claimant must give written notice of an injury to his employer within 30 days of the accident. However, the statute further provides that the failure to give timely written notice may be excused by the Board if it finds that the claimant had a sufficient reason for the failure to provide timely written notice, the employer had actual knowledge of the accident or the employer was not prejudiced by the lack of timely notice. The courts have further found that the claimant has the burden of showing that the delay in notification did not prejudice the employer, particularly where the accident was unwitnessed. (<em>Zraunig v New York Telephone Company</em>, 32 A.D2d 686 [3rd Dept 1969]). The Court has found prejudice when the delay aggravates the injury or prevents the employer from properly investigating the claim. (<em>Yagaloff v Lincoln Hall,</em> 137 AD2d 955 [3rd Dept 1988]; <em>Pierce v New York Telephone Company</em>, 99 A.D.2d 898  [3rd Dept 1984]).',0,'2022-04-05 03:05:00','2022-04-05 03:05:00'),(673,46343,46511,'employer from properly investigating the claim','We argued that the delay prevented the employer from properly investigating the claim','We argued that the delay prevented the <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/\">employer from properly investigating the claim</a>','We argued that the delay prevented the employer from properly investigating the claim','In this claim, it was undisputed that the claimant did not provide any notice of the injury to the employer within 30 days of the accident, either written or oral.  We argued that the delay prevented the employer from properly investigating the claim.  We provided employer testimony that the employer has a procedure for keeping closed circuit video of the specific work area for the 30-day notice period. ','wever, the statute further provides that the failure to give timely written notice may be excused by the Board if it finds that the claimant had a sufficient reason for the failure to provide timely written notice, the employer had actual knowledge of the accident or the employer was not prejudiced by the lack of timely notice. The courts have further found that the claimant has the burden of showing that the delay in notification did not prejudice the employer, particularly where the accident was unwitnessed. (<em>Zraunig v New York Telephone Company</em>, 32 A.D2d 686 [3rd Dept 1969]). The Court has found prejudice when the delay aggravates the injury or prevents the employer from properly investigating the claim. (<em>Yagaloff v Lincoln Hall,</em> 137 AD2d 955 [3rd Dept 1988]; <em>Pierce v New York Telephone Company</em>, 99 A.D.2d 898  [3rd Dept 1984]).',0,'2022-04-05 03:05:00','2022-04-05 03:05:00'),(674,46343,46546,'employer from properly investigating the claim','The Court has found prejudice when the delay aggravates the injury or prevents the employer from properly investigating the claim','The Court has found prejudice when the delay aggravates the injury or prevents 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 from properly investigating the claim</a>','The Court has found prejudice when the delay aggravates the injury or prevents the employer from properly investigating the claim','(Zraunig v New York Telephone Company, 32 A.D2d 686 [3rd Dept 1969]). The Court has found prejudice when the delay aggravates the injury or prevents the employer from properly investigating the claim. (Yagaloff v Lincoln Hall, 137 AD2d 955 [3rd Dept 1988]; Pierce v New York Telephone Company, 99 A.D.2d 898  ','the claimant must give written notice of an injury to his employer within 30 days of the accident. However, the statute further provides that the failure to give timely written notice may be excused by the Board if it finds that the claimant had a sufficient reason for the failure to provide timely written notice, the employer had actual knowledge of the accident or the employer was not prejudiced by the lack of timely notice. The courts have further found that the claimant has the burden of showing that the delay in notification did not prejudice the employer, particularly where the accident was unwitnessed. (<em>Zraunig v New York Telephone Company</em>, 32 A.D2d 686 [3rd Dept 1969]). The Court has found prejudice when the delay aggravates the injury or prevents the employer from properly investigating the claim. (<em>Yagaloff v Lincoln Hall,</em> 137 AD2d 955 [3rd Dept 1988]; <em>Pierce v New York Telephone Company</em>, 99 A.D.2d 898  [3rd Dept 1984]).',0,'2022-04-05 03:05:00','2022-04-05 03:05:00'),(675,46343,46546,'employer from properly investigating the claim','We argued that the delay prevented the employer from properly investigating the claim','We argued that the delay prevented 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 from properly investigating the claim</a>','We argued that the delay prevented the employer from properly investigating the claim','In this claim, it was undisputed that the claimant did not provide any notice of the injury to the employer within 30 days of the accident, either written or oral.  We argued that the delay prevented the employer from properly investigating the claim.  We provided employer testimony that the employer has a procedure for keeping closed circuit video of the specific work area for the 30-day notice period. ','wever, the statute further provides that the failure to give timely written notice may be excused by the Board if it finds that the claimant had a sufficient reason for the failure to provide timely written notice, the employer had actual knowledge of the accident or the employer was not prejudiced by the lack of timely notice. The courts have further found that the claimant has the burden of showing that the delay in notification did not prejudice the employer, particularly where the accident was unwitnessed. (<em>Zraunig v New York Telephone Company</em>, 32 A.D2d 686 [3rd Dept 1969]). The Court has found prejudice when the delay aggravates the injury or prevents the employer from properly investigating the claim. (<em>Yagaloff v Lincoln Hall,</em> 137 AD2d 955 [3rd Dept 1988]; <em>Pierce v New York Telephone Company</em>, 99 A.D.2d 898  [3rd Dept 1984]).',0,'2022-04-05 03:05:00','2022-04-05 03:05:00'),(676,46343,46350,'employer within 30 days of the accident,','In this claim, it was undisputed that the claimant did not provide any notice of the injury to the employer within 30 days of the accident, either written or oral','In this claim, it was undisputed that the claimant did not provide any notice of the injury to 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/\">employer within 30 days of the accident,</a> either written or oral','In this claim, it was undisputed that the claimant did not provide any notice of the injury to the employer within 30 days of the accident, either written or oral','We were successful in getting the Board to reverse a finding of the WCLJ who established an untimely noticed claim.  In this claim, it was undisputed that the claimant did not provide any notice of the injury to the employer within 30 days of the accident, either written or oral.  We argued that the delay prevented the employer from properly investigating the claim. ','in getting the Board to reverse a finding of the WCLJ who established an untimely noticed claim.  In this claim, it was undisputed that the claimant did not provide any notice of the injury to the employer within 30 days of the accident, either written or oral.',0,'2022-04-05 03:05:00','2022-04-05 03:05:00'),(677,46343,46344,'burden of proof claimant’','In an effort to shift the burden of proof claimant’s counsel made a ridiculous argument that the employer should keep all videos on file in perpetuity in case there is a late notification','In an effort to shift the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/05/the-claimants-burden-proving-the-causal-relationship-of-an-injury/\">burden of proof claimant’</a>s counsel made a ridiculous argument that the employer should keep all videos on file in perpetuity in case there is a late notification','In an effort to shift the burden of proof claimant’s counsel made a ridiculous argument that the employer should keep all videos on file in perpetuity in case there is a late notification','In an effort to shift the burden of proof claimant’s counsel made a ridiculous argument that the employer should keep all videos on file in perpetuity in case there is a late notification.  Claimant’s counsel further made a circular argument that because there was no surveillance the employer could not prove that there was anything even relevant on the surveillance. ','In an effort to shift the burden of proof claimant’s counsel made a ridiculous argument that the employer should keep all videos on file in perpetuity in case there is a late notification.',0,'2022-04-05 03:05:00','2022-04-05 03:05:00'),(678,46343,46344,'claimant’s burden','It was the claimant’s burden to demonstrate that the delay in notification did not prejudice the employer','It was the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/05/the-claimants-burden-proving-the-causal-relationship-of-an-injury/\">claimant’s burden</a> to demonstrate that the delay in notification did not prejudice the employer','It was the claimant’s burden to demonstrate that the delay in notification did not prejudice the employer','It was also undisputed that this was an unwitnessed accident.  It was the claimant’s burden to demonstrate that the delay in notification did not prejudice the employer.','It was also undisputed that this was an unwitnessed accident.  It was the claimant’s burden to demonstrate that the delay in notification did not prejudice the employer.',0,'2022-04-05 03:05:00','2022-04-05 03:05:00'),(679,46343,46503,'burden of proof','In an effort to shift the burden of proof claimant’s counsel made a ridiculous argument that the employer should keep all videos on file in perpetuity in case there is a late notification','In an effort to 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> claimant’s counsel made a ridiculous argument that the employer should keep all videos on file in perpetuity in case there is a late notification','In an effort to shift the burden of proof claimant’s counsel made a ridiculous argument that the employer should keep all videos on file in perpetuity in case there is a late notification','In an effort to shift the burden of proof claimant’s counsel made a ridiculous argument that the employer should keep all videos on file in perpetuity in case there is a late notification.  Claimant’s counsel further made a circular argument that because there was no surveillance the employer could not prove that there was anything even relevant on the surveillance. ','In an effort to shift the burden of proof claimant’s counsel made a ridiculous argument that the employer should keep all videos on file in perpetuity in case there is a late notification.',0,'2022-04-05 03:05:00','2022-04-05 03:05:00'),(680,46343,48934,'argument that the employer should keep all videos','In an effort to shift the burden of proof claimant’s counsel made a ridiculous argument that the employer should keep all videos on file in perpetuity in case there is a late notification','In an effort to shift the burden of proof claimant’s counsel made a ridiculous <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2022/02/oral-argument-video-burns-v-varriale/\">argument that the employer should keep all videos</a> on file in perpetuity in case there is a late notification','In an effort to shift the burden of proof claimant’s counsel made a ridiculous argument that the employer should keep all videos on file in perpetuity in case there is a late notification','In an effort to shift the burden of proof claimant’s counsel made a ridiculous argument that the employer should keep all videos on file in perpetuity in case there is a late notification.  Claimant’s counsel further made a circular argument that because there was no surveillance the employer could not prove that there was anything even relevant on the surveillance. ','In an effort to shift the burden of proof claimant’s counsel made a ridiculous argument that the employer should keep all videos on file in perpetuity in case there is a late notification.',0,'2022-04-05 03:05:00','2022-04-05 03:05:00'),(681,46343,46541,'file in perpetuity in case','In an effort to shift the burden of proof claimant’s counsel made a ridiculous argument that the employer should keep all videos on file in perpetuity in case there is a late notification','In an effort to shift the burden of proof claimant’s counsel made a ridiculous argument that the employer should keep all videos on <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/\">file in perpetuity in case</a> there is a late notification','In an effort to shift the burden of proof claimant’s counsel made a ridiculous argument that the employer should keep all videos on file in perpetuity in case there is a late notification','In an effort to shift the burden of proof claimant’s counsel made a ridiculous argument that the employer should keep all videos on file in perpetuity in case there is a late notification.  Claimant’s counsel further made a circular argument that because there was no surveillance the employer could not prove that there was anything even relevant on the surveillance. ','In an effort to shift the burden of proof claimant’s counsel made a ridiculous argument that the employer should keep all videos on file in perpetuity in case there is a late notification.',0,'2022-04-05 03:05:00','2022-04-05 03:05:00'),(682,46343,46553,'alleged further prejudice because if the claimant','We alleged further prejudice because if the claimant had not delayed in reporting this accident the employer would have been able to review the records and would have been able to see that there was no accident that occurred','We <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/\">alleged further prejudice because if the claimant</a> had not delayed in reporting this accident the employer would have been able to review the records and would have been able to see that there was no accident that occurred','We alleged further prejudice because if the claimant had not delayed in reporting this accident the employer would have been able to review the records and would have been able to see that there was no accident that occurred','Even though the claim was established by the WCLJ, we did not give up on those records, and those records actually stated there was no accident.  We alleged further prejudice because if the claimant had not delayed in reporting this accident the employer would have been able to review the records and would have been able to see that there was no accident that occurred.','we had diligently attempted to obtain medical records from a non-compensation provider who had first treated the claimant since we first learned of their existence. Even though the claim was established by the WCLJ, we did not give up on those records, and those records actually stated there was no accident.  We alleged further prejudice because if the claimant had not delayed in reporting this accident the employer would have been able to review the records and would have been able to see that there was no accident that occurred.',0,'2022-04-05 03:05:00','2022-04-05 03:05:00'),(683,46503,46553,'variances should be granted','Both medical providers then testified as to whether the variances should be granted or denied as to the additional acupuncture treatment','Both medical providers then testified as to whether 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/\">variances should be granted</a> or denied as to the additional acupuncture treatment','Both medical providers then testified as to whether the variances should be granted or denied as to the additional acupuncture treatment','Both medical providers then testified as to whether the variances should be granted or denied as to the additional acupuncture treatment. Claimant’s treating medical provider testified that the claimant had undergone other treatment modalities but that acupuncture was the only modality that helped maintain her functional level.','Both medical providers then testified as to whether the variances should be granted or denied as to the additional acupuncture treatment. Claimant’s treating medical provider testified that the claimant had undergone other treatment modalities but that acupuncture was the only modality that helped maintain her functional level. The IME examiner testified that claimant’s treatment provider failed to meet the burden of proof when seeking the variance in that he did not include the claimant’s response to treatment or any improvement in her range of motion from the treatment.',0,'2022-04-05 03:05:01','2022-04-05 03:05:01'),(684,46503,46553,'improvement of functional','The Law Judge specifically noted that the earlier treatments provided no evidence of objective improvement of functional outcomes','The Law Judge specifically noted that the earlier treatments provided no evidence of objective <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/\">improvement of functional</a> outcomes','The Law Judge specifically noted that the earlier treatments provided no evidence of objective improvement of functional outcomes','The Worker’s Compensation law judge affirmed the carrier’s denials of the treatment determining that the provider failed to show that additional acupuncture treatments were medically necessary. The Law Judge specifically noted that the earlier treatments provided no evidence of objective improvement of functional outcomes.','The Worker’s Compensation law judge affirmed the carrier’s denials of the treatment determining that the provider failed to show that additional acupuncture treatments were medically necessary. The Law Judge specifically noted that the earlier treatments provided no evidence of objective improvement of functional outcomes.',0,'2022-04-05 03:05:01','2022-04-05 03:05:01'),(685,46503,46553,'variance requests','In response to the newly created Medical Treatment Guidelines, claimant’s Doctor submitted two variance requests for the acupuncture treatment, one under the neck Medical Treatment Guidelines and one under the back Medical Treatment Guidelines','In response to the newly created Medical Treatment Guidelines, claimant’s Doctor submitted two <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/\">variance requests</a> for the acupuncture treatment, one under the neck Medical Treatment Guidelines and one under the back Medical Treatment Guidelines','In response to the newly created Medical Treatment Guidelines, claimant’s Doctor submitted two variance requests for the acupuncture treatment, one under the neck Medical Treatment Guidelines and one under the back Medical Treatment Guidelines','After the implementation of the Medical Treatment Guidelines the claimant’s Doctor sought authorization for three acupuncture treatments per week for a period of six months to the cervical and lumbar spine. In response to the newly created Medical Treatment Guidelines, claimant’s Doctor submitted two variance requests for the acupuncture treatment, one under the neck Medical Treatment Guidelines and one under the back Medical Treatment Guidelines.','involved a claimant who sustained injuries to her neck and back. The carrier of record was Special Funds Conservation Committee under the Fund for Reopened Cases (WCL § 25-a). The claimant was receiving acupuncture treatment three times per week for a period of six weeks in 2009. After the implementation of the Medical Treatment Guidelines the claimant’s Doctor sought authorization for three acupuncture treatments per week for a period of six months to the cervical and lumbar spine. In response to the newly created Medical Treatment Guidelines, claimant’s Doctor submitted two variance requests for the acupuncture treatment, one under the neck Medical Treatment Guidelines and one under the back Medical Treatment Guidelines.',0,'2022-04-05 03:05:01','2022-04-05 03:05:01'),(686,46503,46553,'variance requests','Based on the IME examiner’s findings the carrier denied both variance requests','Based on the IME examiner’s findings the carrier denied both <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/\">variance requests</a>','Based on the IME examiner’s findings the carrier denied both variance requests','The carrier in response to the variance requests obtained an independent medical examination [“IME”] that found further acupuncture treatments were not medically necessary. Based on the IME examiner’s findings the carrier denied both variance requests.','Based on the IME examiner’s findings the carrier denied both variance requests.',0,'2022-04-05 03:05:01','2022-04-05 03:05:01'),(687,46503,46561,'testified that the claimant','Claimant’s treating medical provider testified that the claimant had undergone other treatment modalities but that acupuncture was the only modality that helped maintain her functional level','Claimant’s treating medical provider <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/\">testified that the claimant</a> had undergone other treatment modalities but that acupuncture was the only modality that helped maintain her functional level','Claimant’s treating medical provider testified that the claimant had undergone other treatment modalities but that acupuncture was the only modality that helped maintain her functional level','Both medical providers then testified as to whether the variances should be granted or denied as to the additional acupuncture treatment. Claimant’s treating medical provider testified that the claimant had undergone other treatment modalities but that acupuncture was the only modality that helped maintain her functional level. The IME examiner testified that claimant’s treatment provider failed to meet the burden of proof when seeking the variance in that he did not include the claimant’s response to treatment or any improvement in her range of motion from the treatment.','Claimant’s treating medical provider testified that the claimant had undergone other treatment modalities but that acupuncture was the only modality that helped maintain her functional level.',0,'2022-04-05 03:05:01','2022-04-05 03:05:01'),(688,46503,46543,'treatments not in accord with the medical','The Court of Appeals then noted for treatments not in accord with the medical treatment guidelines “may nevertheless be approved” through the variance process','The Court of Appeals then noted for <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/\">treatments not in accord with the medical</a> treatment guidelines “may nevertheless be approved” through the variance process','The Court of Appeals then noted for treatments not in accord with the medical treatment guidelines “may nevertheless be approved” through the variance process','The Court of Appeals then noted for treatments not in accord with the medical treatment guidelines “may nevertheless be approved” through the variance process.','The Court of Appeals then noted for treatments not in accord with the medical treatment guidelines “may nevertheless be approved” through the variance process.',0,'2022-04-05 03:05:01','2022-04-05 03:05:01'),(689,46503,46543,'specifically noted that the earlier treatments','The Law Judge specifically noted that the earlier treatments provided no evidence of objective improvement of functional outcomes','The Law Judge <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/\">specifically noted that the earlier treatments</a> provided no evidence of objective improvement of functional outcomes','The Law Judge specifically noted that the earlier treatments provided no evidence of objective improvement of functional outcomes','The Worker’s Compensation law judge affirmed the carrier’s denials of the treatment determining that the provider failed to show that additional acupuncture treatments were medically necessary. The Law Judge specifically noted that the earlier treatments provided no evidence of objective improvement of functional outcomes.','The Worker’s Compensation law judge affirmed the carrier’s denials of the treatment determining that the provider failed to show that additional acupuncture treatments were medically necessary. The Law Judge specifically noted that the earlier treatments provided no evidence of objective improvement of functional outcomes.',0,'2022-04-05 03:05:01','2022-04-05 03:05:01'),(690,46503,46422,'treatments not in accord with the medical treatment guidelines','The Court of Appeals then noted for treatments not in accord with the medical treatment guidelines “may nevertheless be approved” through the variance process','The Court of Appeals then noted for <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/\">treatments not in accord with the medical treatment guidelines</a> “may nevertheless be approved” through the variance process','The Court of Appeals then noted for treatments not in accord with the medical treatment guidelines “may nevertheless be approved” through the variance process','The Court of Appeals then noted for treatments not in accord with the medical treatment guidelines “may nevertheless be approved” through the variance process.','The Court of Appeals then noted for treatments not in accord with the medical treatment guidelines “may nevertheless be approved” through the variance process.',0,'2022-04-05 03:05:01','2022-04-05 03:05:01'),(691,46503,46482,'treatments not in accord with the medical treatment guidelines','The Court of Appeals then noted for treatments not in accord with the medical treatment guidelines “may nevertheless be approved” through the variance process','The Court of Appeals then noted for <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/08/non-acute-pain-treatment-guidelines/\">treatments not in accord with the medical treatment guidelines</a> “may nevertheless be approved” through the variance process','The Court of Appeals then noted for treatments not in accord with the medical treatment guidelines “may nevertheless be approved” through the variance process','The Court of Appeals then noted for treatments not in accord with the medical treatment guidelines “may nevertheless be approved” through the variance process.','The Court of Appeals then noted for treatments not in accord with the medical treatment guidelines “may nevertheless be approved” through the variance process.',0,'2022-04-05 03:05:01','2022-04-05 03:05:01'),(692,46503,46502,'treatments not in accord with the medical treatment guidelines','The Court of Appeals then noted for treatments not in accord with the medical treatment guidelines “may nevertheless be approved” through the variance process','The Court of Appeals then noted 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/\">treatments not in accord with the medical treatment guidelines</a> “may nevertheless be approved” through the variance process','The Court of Appeals then noted for treatments not in accord with the medical treatment guidelines “may nevertheless be approved” through the variance process','The Court of Appeals then noted for treatments not in accord with the medical treatment guidelines “may nevertheless be approved” through the variance process.','The Court of Appeals then noted for treatments not in accord with the medical treatment guidelines “may nevertheless be approved” through the variance process.',0,'2022-04-05 03:05:01','2022-04-05 03:05:01'),(693,46503,46506,'treatments not in accord with the medical treatment guidelines','The Court of Appeals then noted for treatments not in accord with the medical treatment guidelines “may nevertheless be approved” through the variance process','The Court of Appeals then noted for <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/09/navigating-the-low-back-medical-treatment-guidelines-for-chiropractic-care/\">treatments not in accord with the medical treatment guidelines</a> “may nevertheless be approved” through the variance process','The Court of Appeals then noted for treatments not in accord with the medical treatment guidelines “may nevertheless be approved” through the variance process','The Court of Appeals then noted for treatments not in accord with the medical treatment guidelines “may nevertheless be approved” through the variance process.','The Court of Appeals then noted for treatments not in accord with the medical treatment guidelines “may nevertheless be approved” through the variance process.',0,'2022-04-05 03:05:01','2022-04-05 03:05:01'),(694,46503,46342,'medical provider has already submitted a first opinion','In fact, the Court of Appeals went further to noting that WCL § 13-a presupposes that the treating medical provider has already submitted a first opinion for the needed treatment','In fact, the Court of Appeals went further to noting that WCL § 13-a presupposes that the treating <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 has already submitted a first opinion</a> for the needed treatment','In fact, the Court of Appeals went further to noting that WCL § 13-a presupposes that the treating medical provider has already submitted a first opinion for the needed treatment','In response to the claimant’s argument that the Board’s Guidelines have shifted the burden of proof from the employer to the carrier the Court held that there was nothing with in the Worker’s Compensation Law that ever precluded the Board from requiring proof of medical necessity from the claimant’s health care provider. In fact, the Court of Appeals went further to noting that WCL § 13-a presupposes that the treating medical provider has already submitted a first opinion for the needed treatment. Regarding the presumption under WCL § 21(5), the Court of Appeals held that the presumption remains as to the facts contained in medical report, but that a claimant must first demonstrate medical necessity for the treatment.','In response to the claimant’s argument that the Board’s Guidelines have shifted the burden of proof from the employer to the carrier the Court held that there was nothing with in the Worker’s Compensation Law that ever precluded the Board from requiring proof of medical necessity from the claimant’s health care provider. In fact, the Court of Appeals went further to noting that WCL § 13-a presupposes that the treating medical provider has already submitted a first opinion for the needed treatment. Regarding the presumption under WCL § 21(5), the Court of Appeals held that the presumption remains as to the facts contained in medical report, but that a claimant must first demonstrate medical necessity for the treatment.',0,'2022-04-05 03:05:01','2022-04-05 03:05:01'),(695,46499,46511,'requires a judge to permit an employer or carrier','It requires a judge to permit an employer or carrier to cross examine a claimant’s doctor:','It <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/\">requires a judge to permit an employer or carrier</a> to cross examine a claimant’s doctor:','It requires a judge to permit an employer or carrier to cross examine a claimant’s doctor:','12 NYCRR §300.10(c), as most defense attorneys know, is one of the last tools remaining in our dwindling tool chest. It requires a judge to permit an employer or carrier to cross examine a claimant’s doctor:','It requires a judge to permit an employer or carrier to cross examine a claimant’s doctor',0,'2022-04-05 03:05:02','2022-04-05 03:05:02'),(696,46499,46511,'employer or its carrier','(c) When the employer or its carrier or special fund desires to produce for cross-examination an attending physician whose report is on file, the referee shall grant an adjournment for such purpose…','(c) When the <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/\">employer or its carrier</a> or special fund desires to produce for cross-examination an attending physician whose report is on file, the referee shall grant an adjournment for such purpose…','(c) When the employer or its carrier or special fund desires to produce for cross-examination an attending physician whose report is on file, the referee shall grant an adjournment for such purpose…','(c) When the employer or its carrier or special fund desires to produce for cross-examination an attending physician whose report is on file, the referee shall grant an adjournment for such purpose…','c) When the employer or its carrier or special fund desires to produce for cross-examination an attending physician whose report is on file, the referee shall grant an adjournment for such purpose…',0,'2022-04-05 03:05:02','2022-04-05 03:05:02'),(697,46499,46546,'employer or its carrier','(c) When the employer or its carrier or special fund desires to produce for cross-examination an attending physician whose report is on file, the referee shall grant an adjournment for such purpose…','(c) When 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 its carrier</a> or special fund desires to produce for cross-examination an attending physician whose report is on file, the referee shall grant an adjournment for such purpose…','(c) When the employer or its carrier or special fund desires to produce for cross-examination an attending physician whose report is on file, the referee shall grant an adjournment for such purpose…','(c) When the employer or its carrier or special fund desires to produce for cross-examination an attending physician whose report is on file, the referee shall grant an adjournment for such purpose…','c) When the employer or its carrier or special fund desires to produce for cross-examination an attending physician whose report is on file, the referee shall grant an adjournment for such purpose…',0,'2022-04-05 03:05:02','2022-04-05 03:05:02'),(698,46499,46546,'employer or carrier','It requires a judge to permit an employer or carrier to cross examine a claimant’s doctor:','It requires a judge to permit an <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 carrier</a> to cross examine a claimant’s doctor:','It requires a judge to permit an employer or carrier to cross examine a claimant’s doctor:','12 NYCRR §300.10(c), as most defense attorneys know, is one of the last tools remaining in our dwindling tool chest. It requires a judge to permit an employer or carrier to cross examine a claimant’s doctor:','It requires a judge to permit an employer or carrier to cross examine a claimant’s doctor',0,'2022-04-05 03:05:02','2022-04-05 03:05:02'),(699,46499,46503,'attending physician','(c) When the employer or its carrier or special fund desires to produce for cross-examination an attending physician whose report is on file, the referee shall grant an adjournment for such purpose…','(c) When the employer or its carrier or special fund desires to produce for cross-examination an <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> whose report is on file, the referee shall grant an adjournment for such purpose…','(c) When the employer or its carrier or special fund desires to produce for cross-examination an attending physician whose report is on file, the referee shall grant an adjournment for such purpose…','(c) When the employer or its carrier or special fund desires to produce for cross-examination an attending physician whose report is on file, the referee shall grant an adjournment for such purpose…','c) When the employer or its carrier or special fund desires to produce for cross-examination an attending physician whose report is on file, the referee shall grant an adjournment for such purpose…',0,'2022-04-05 03:05:02','2022-04-05 03:05:02'),(700,46499,46342,'medical witnesses in accepted or established claims','300.39 Cross examination of medical witnesses in accepted or established claims','300.39 Cross examination of <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/05/claim-disallowance-with-unanimous-medical-opinion-giving-causal-relationship/\">medical witnesses in accepted or established claims</a>','300.39 Cross examination of medical witnesses in accepted or established claims','300.39 Cross examination of medical witnesses in accepted or established claims.','300.39 Cross examination of medical witnesses in accepted or established claims.',0,'2022-04-05 03:05:02','2022-04-05 03:05:02'),(701,46499,46342,'medical opinion','(3) the basis for requesting cross-examination, including any specific facts reasonably likely to be elicited on cross-examination that would undermine the witness’s medical opinion relative to the report(s)','(3) the basis for requesting cross-examination, including any specific facts reasonably likely to be elicited on cross-examination that would undermine the witness’s <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/05/claim-disallowance-with-unanimous-medical-opinion-giving-causal-relationship/\">medical opinion</a> relative to the report(s)','(3) the basis for requesting cross-examination, including any specific facts reasonably likely to be elicited on cross-examination that would undermine the witness’s medical opinion relative to the report(s)','(3) the basis for requesting cross-examination, including any specific facts reasonably likely to be elicited on cross-examination that would undermine the witness’s medical opinion relative to the report(s).','3) the basis for requesting cross-examination, including any specific facts reasonably likely to be elicited on cross-examination that would undermine the witness’s medical opinion relative to the report(s',0,'2022-04-05 03:05:02','2022-04-05 03:05:02'),(702,46499,46342,'medical opinion','If a party identifies specific evidence that, if credited by the Worker’s Compensation Law Judge, would likely result in rejection of the witness’s medical opinion, cross-examination shall be granted','If a party identifies specific evidence that, if credited by the Worker’s Compensation Law Judge, would likely result in rejection of the witness’s <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/05/claim-disallowance-with-unanimous-medical-opinion-giving-causal-relationship/\">medical opinion</a>, cross-examination shall be granted','If a party identifies specific evidence that, if credited by the Worker’s Compensation Law Judge, would likely result in rejection of the witness’s medical opinion, cross-examination shall be granted','(b) Except as provided in Workers’ Compensation Law Section 13 (e), the Workers’ Compensation Law Judge shall determine whether the requested cross-examination is reasonably necessary for the full presentation of the case or issue. If a party identifies specific evidence that, if credited by the Worker’s Compensation Law Judge, would likely result in rejection of the witness’s medical opinion, cross-examination shall be granted. If a party fails to timely request cross-examination or to identify specific evidence that would likely result in rejection of the witness’s medical opinion, cross-examination shall be denied.','If a party identifies specific evidence that, if credited by the Worker’s Compensation Law Judge, would likely result in rejection of the witness’s medical opinion, cross-examination shall be granted.',0,'2022-04-05 03:05:02','2022-04-05 03:05:02'),(703,46499,46342,'medical opinion','If a party fails to timely request cross-examination or to identify specific evidence that would likely result in rejection of the witness’s medical opinion, cross-examination shall be denied','If a party fails to timely request cross-examination or to identify specific evidence that would likely result in rejection of the witness’s <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/05/claim-disallowance-with-unanimous-medical-opinion-giving-causal-relationship/\">medical opinion</a>, cross-examination shall be denied','If a party fails to timely request cross-examination or to identify specific evidence that would likely result in rejection of the witness’s medical opinion, cross-examination shall be denied','If a party identifies specific evidence that, if credited by the Worker’s Compensation Law Judge, would likely result in rejection of the witness’s medical opinion, cross-examination shall be granted. If a party fails to timely request cross-examination or to identify specific evidence that would likely result in rejection of the witness’s medical opinion, cross-examination shall be denied. Where the party has produced a medical opinion that contains a viable difference from or is contrary to the witness’s medical opinion with respect to the particular issue to be determined, the party shall presumptively be entitled to cross-examination.','If a party identifies specific evidence that, if credited by the Worker’s Compensation Law Judge, would likely result in rejection of the witness’s medical opinion, cross-examination shall be granted. If a party fails to timely request cross-examination or to identify specific evidence that would likely result in rejection of the witness’s medical opinion, cross-examination shall be denied.',0,'2022-04-05 03:05:02','2022-04-05 03:05:02'),(704,46499,46374,'hearing no later than forty-five days','(a) All requests for cross-examination of a treating medical provider, independent medical examiner, or a physician designated by the Board to examine a claimant pursuant to section 13(e) of the Workers’ Compensation Law, shall be made in writing using the form prescribed by the Chair to request further action or on the record at a hearing no later than forty-five days from the date the Board received the medical report(s) which is the subject of the cross-examination','(a) All requests for cross-examination of a treating medical provider, independent medical examiner, or a physician designated by the Board to examine a claimant pursuant to section 13(e) of the Workers’ Compensation Law, shall be made in writing using the form prescribed by the Chair to request further action or on the record at 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/\">hearing no later than forty-five days</a> from the date the Board received the medical report(s) which is the subject of the cross-examination','(a) All requests for cross-examination of a treating medical provider, independent medical examiner, or a physician designated by the Board to examine a claimant pursuant to section 13(e) of the Workers’ Compensation Law, shall be made in writing using the form prescribed by the Chair to request further action or on the record at a hearing no later than forty-five days from the date the Board received the medical report(s) which is the subject of the cross-examination','(a) All requests for cross-examination of a treating medical provider, independent medical examiner, or a physician designated by the Board to examine a claimant pursuant to section 13(e) of the Workers’ Compensation Law, shall be made in writing using the form prescribed by the Chair to request further action or on the record at a hearing no later than forty-five days from the date the Board received the medical report(s) which is the subject of the cross-examination. All requests shall specify','a) All requests for cross-examination of a treating medical provider, independent medical examiner, or a physician designated by the Board to examine a claimant pursuant to section 13(e) of the Workers’ Compensation Law, shall be made in writing using the form prescribed by the Chair to request further action or on the record at a hearing no later than forty-five days from the date the Board received the medical report(s) which is the subject of the cross-examination.',0,'2022-04-05 03:05:02','2022-04-05 03:05:02'),(705,46499,46553,'granting the cross-examination; provided however that if the claimant','(c) Cross-examination shall be taken at a hearing or by deposition within forty-five days of the order granting the cross-examination; provided however that if the claimant is not represented by legal counsel, the cross-examination shall be taken at a hearing','(c) Cross-examination shall be taken at a hearing or by deposition within forty-five days of the order <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/\">granting the cross-examination; provided however that if the claimant</a> is not represented by legal counsel, the cross-examination shall be taken at a hearing','(c) Cross-examination shall be taken at a hearing or by deposition within forty-five days of the order granting the cross-examination; provided however that if the claimant is not represented by legal counsel, the cross-examination shall be taken at a hearing','(c) Cross-examination shall be taken at a hearing or by deposition within forty-five days of the order granting the cross-examination; provided however that if the claimant is not represented by legal counsel, the cross-examination shall be taken at a hearing.','c) Cross-examination shall be taken at a hearing or by deposition within forty-five days of the order granting the cross-examination; provided however that if the claimant is not represented by legal counsel, the cross-examination shall be taken at a hearing.',0,'2022-04-05 03:05:02','2022-04-05 03:05:02'),(706,46499,46422,'medical witness for the claimant','(e) If the medical witness for the claimant does not appear for cross-examination as scheduled, then an extension of time to take testimony shall be granted only where the Worker’s Compensation Law Judge finds that the witness could not have appeared within that period because of good cause, and that the party seeking the extension acted in good faith and with due diligence','(e) If 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/\">medical witness for the claimant</a> does not appear for cross-examination as scheduled, then an extension of time to take testimony shall be granted only where the Worker’s Compensation Law Judge finds that the witness could not have appeared within that period because of good cause, and that the party seeking the extension acted in good faith and with due diligence','(e) If the medical witness for the claimant does not appear for cross-examination as scheduled, then an extension of time to take testimony shall be granted only where the Worker’s Compensation Law Judge finds that the witness could not have appeared within that period because of good cause, and that the party seeking the extension acted in good faith and with due diligence','(e) If the medical witness for the claimant does not appear for cross-examination as scheduled, then an extension of time to take testimony shall be granted only where the Worker’s Compensation Law Judge finds that the witness could not have appeared within that period because of good cause, and that the party seeking the extension acted in good faith and with due diligence. If the extension is granted, the testimony shall be taken by deposition at the earliest date practicable but not more than thirty days after the date the witness was originally scheduled to testify.','e) If the medical witness for the claimant does not appear for cross-examination as scheduled, then an extension of time to take testimony shall be granted only where the Worker’s Compensation Law Judge finds that the witness could not have appeared within that period because of good cause, and that the party seeking the extension acted in good faith and with due diligence.',0,'2022-04-05 03:05:02','2022-04-05 03:05:02'),(707,46499,46541,'insurance carrier','The insurance carrier is solely responsible for enforcing a subpoena to compel the appearance of the witness at the deposition','The <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> is solely responsible for enforcing a subpoena to compel the appearance of the witness at the deposition','The insurance carrier is solely responsible for enforcing a subpoena to compel the appearance of the witness at the deposition','Such deposition may be taken by telephone. The insurance carrier is solely responsible for enforcing a subpoena to compel the appearance of the witness at the deposition. In the event that the insurance carrier fails to enforce a subpoena to compel appearance of the witness at the deposition, the report of the witness shall remain in evidence.','the medical witness for the insurance carrier fails to appear for cross-examination as scheduled, the insurance carrier’s right to introduce its independent medical report from the witness or to have the witness testify at a hearing or by deposition',0,'2022-04-05 03:05:02','2022-04-05 03:05:02'),(708,46499,46541,'insurance carrier','In the event that the insurance carrier fails to enforce a subpoena to compel appearance of the witness at the deposition, the report of the witness shall remain in evidence','In the event that the <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> fails to enforce a subpoena to compel appearance of the witness at the deposition, the report of the witness shall remain in evidence','In the event that the insurance carrier fails to enforce a subpoena to compel appearance of the witness at the deposition, the report of the witness shall remain in evidence','The insurance carrier is solely responsible for enforcing a subpoena to compel the appearance of the witness at the deposition. In the event that the insurance carrier fails to enforce a subpoena to compel appearance of the witness at the deposition, the report of the witness shall remain in evidence. For any such medical witness authorized by the Chair to treat or conduct independent medical examination of injured workers or both, the Board shall promptly direct the witness to appear at such deposition.','(e) If the medical witness for the claimant does not appear for cross-examination as scheduled, then an extension of time to take testimony shall be granted only where the Worker’s Compensation Law Judge finds that the witness could not have appeared within that period because of good cause, and that the party seeking the extension acted in good faith and with due diligence. If the extension is granted, the testimony shall be taken by deposition at the earliest date practicable but not more than thirty days after the date the witness was originally scheduled to testify. Such deposition may be taken by telephone. The insurance carrier is solely responsible for enforcing a subpoena to compel the appearance of the witness at the deposition. In the event that the insurance carrier fails to enforce a subpoena to compel appearance of the witness at the deposition, the report of the witness shall remain in evidence.',0,'2022-04-05 03:05:02','2022-04-05 03:05:02'),(709,46499,46338,'decision on the substantive disputed','(f) Any order granting or denying cross-examination under this section shall be interlocutory and shall not be reviewable by the Board under Workers’ Compensation Law Section 23 until a final decision on the substantive disputed issue(s) has been made by the Workers’ Compensation Law Judge','(f) Any order granting or denying cross-examination under this section shall be interlocutory and shall not be reviewable by the Board under Workers’ Compensation Law Section 23 until a final <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/06/third-deparment-decision-disputing-causal-relationship/\">decision on the substantive disputed</a> issue(s) has been made by the Workers’ Compensation Law Judge','(f) Any order granting or denying cross-examination under this section shall be interlocutory and shall not be reviewable by the Board under Workers’ Compensation Law Section 23 until a final decision on the substantive disputed issue(s) has been made by the Workers’ Compensation Law Judge','(f) Any order granting or denying cross-examination under this section shall be interlocutory and shall not be reviewable by the Board under Workers’ Compensation Law Section 23 until a final decision on the substantive disputed issue(s) has been made by the Workers’ Compensation Law Judge.','f) Any order granting or denying cross-examination under this section shall be interlocutory and shall not be reviewable by the Board under Workers’ Compensation Law Section 23 until a final decision on the substantive disputed issue(s) has been made by the Workers’ Compensation Law Judge.',0,'2022-04-05 03:05:02','2022-04-05 03:05:02'),(710,46511,46503,'proof that further medical','3.) The carrier’s filing of a request, on a form RFA-2, to transfer liability to Special Funds when there is proof that further medical or indemnity benefits are payable;','3.) The carrier’s filing of a request, on a form RFA-2, to transfer liability to Special Funds when there is <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 that further medical</a> or indemnity benefits are payable;','3.) The carrier’s filing of a request, on a form RFA-2, to transfer liability to Special Funds when there is proof that further medical or indemnity benefits are payable;','3.) The carrier’s filing of a request, on a form RFA-2, to transfer liability to Special Funds when there is proof that further medical or indemnity benefits are payable;','3.) The carrier’s filing of a request, on a form RFA-2, to transfer liability to Special Funds when there is proof that further medical or indemnity benefits are payable',0,'2022-04-05 03:05:03','2022-04-05 03:05:03'),(711,46511,46564,'sets forth “principles” for the submission','Board Subject #046-630 also sets forth “principles” for the submission of “proper and complete” applications for WCL §25-a applications and indicates that “incomplete” applications will not be considered as of the December 31, 2013 deadline','Board Subject #046-630 also <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/01/why-why-do-judges-even-set-deadlines-for-the-submission-of-memoranda-of-law/\">sets forth “principles” for the submission</a> of “proper and complete” applications for WCL §25-a applications and indicates that “incomplete” applications will not be considered as of the December 31, 2013 deadline','Board Subject #046-630 also sets forth “principles” for the submission of “proper and complete” applications for WCL §25-a applications and indicates that “incomplete” applications will not be considered as of the December 31, 2013 deadline','Board Subject #046-630 also sets forth “principles” for the submission of “proper and complete” applications for WCL §25-a applications and indicates that “incomplete” applications will not be considered as of the December 31, 2013 deadline.','Board Subject #046-630 also sets forth “principles” for the submission of “proper and complete” applications for WCL §25-a applications and indicates that “incomplete” applications will not be considered as of the December 31, 2013 deadline.',0,'2022-04-05 03:05:03','2022-04-05 03:05:03'),(712,46511,46374,'claim (an application for payment by the claimant','Now, in addition to having a case where there is a claim (an application for payment by the claimant or a health care provider) made more than seven years after the date of injury and more than three years after the last payment of compensation on a claim that has been truly closed, it appears that the employer or carrier must also submit a complete written application which will require the following to minimize the risk of having an application be deemed incomplete:','Now, in addition to having a case where there is 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/\">claim (an application for payment by the claimant</a> or a health care provider) made more than seven years after the date of injury and more than three years after the last payment of compensation on a claim that has been truly closed, it appears that the employer or carrier must also submit a complete written application which will require the following to minimize the risk of having an application be deemed incomplete:','Now, in addition to having a case where there is a claim (an application for payment by the claimant or a health care provider) made more than seven years after the date of injury and more than three years after the last payment of compensation on a claim that has been truly closed, it appears that the employer or carrier must also submit a complete written application which will require the following to minimize the risk of having an application be deemed incomplete:','Now, in addition to having a case where there is a claim (an application for payment by the claimant or a health care provider) made more than seven years after the date of injury and more than three years after the last payment of compensation on a claim that has been truly closed, it appears that the employer or carrier must also submit a complete written application which will require the following to minimize the risk of having an application be deemed incomplete:','Now, in addition to having a case where there is a claim (an application for payment by the claimant or a health care provider) made more than seven years after the date of injury and more than three years after the last payment of compensation on a claim that has been truly closed, it appears that the employer or carrier must also submit a complete written application which will require the following to minimize the risk of having an application be deemed incomplete',0,'2022-04-05 03:05:03','2022-04-05 03:05:03'),(713,46511,46374,'claims when the claimant','The challenge will be on those claims when the claimant returned to work at another employer and is unresponsive to requests for completion of a C-25 or submits an incomplete form','The challenge will be on those <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/\">claims when the claimant</a> returned to work at another employer and is unresponsive to requests for completion of a C-25 or submits an incomplete form','The challenge will be on those claims when the claimant returned to work at another employer and is unresponsive to requests for completion of a C-25 or submits an incomplete form','The C-25 is supposed to provide evidence that the claimant has not had any lost time as a result of the injury or that the claimant has been working at full salary and not under light duty. The challenge will be on those claims when the claimant returned to work at another employer and is unresponsive to requests for completion of a C-25 or submits an incomplete form. There are several possible mechanisms for addressing this contingency such as subpoena, attorney affirmation after reviewing eCase, affidavit of an adjuster who spoke to the claimant which might provide the requisite affirmative showing that the','The C-25 is supposed to provide evidence that the claimant has not had any lost time as a result of the injury or that the claimant has been working at full salary and not under light duty. The challenge will be on those claims when the claimant returned to work at another employer and is unresponsive to requests for completion of a C-25 or submits an incomplete form.',0,'2022-04-05 03:05:03','2022-04-05 03:05:03'),(714,46511,46546,'reopen and that there were no open ongoing issues','In addition to providing evidence that there has been no payment of compensation during the prohibited time period, the RFA-2 should also probably include a letter or other statement asserting that the medical reports do not demonstrate a change in condition or that could be taken as a medical provider’s request to reopen and that there were no open ongoing issues at time of closure such that the case was truly closed','In addition to providing evidence that there has been no payment of compensation during the prohibited time period, the RFA-2 should also probably include a letter or other statement asserting that the medical reports do not demonstrate a change in condition or that could be taken as a medical provider’s request to <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/\">reopen and that there were no open ongoing issues</a> at time of closure such that the case was truly closed','In addition to providing evidence that there has been no payment of compensation during the prohibited time period, the RFA-2 should also probably include a letter or other statement asserting that the medical reports do not demonstrate a change in condition or that could be taken as a medical provider’s request to reopen and that there were no open ongoing issues at time of closure such that the case was truly closed','In addition to providing evidence that there has been no payment of compensation during the prohibited time period, the RFA-2 should also probably include a letter or other statement asserting that the medical reports do not demonstrate a change in condition or that could be taken as a medical provider’s request to reopen and that there were no open ongoing issues at time of closure such that the case was truly closed.','In addition to providing evidence that there has been no payment of compensation during the prohibited time period, the RFA-2 should also probably include a letter or other statement asserting that the medical reports do not demonstrate a change in condition or that could be taken as a medical provider’s request to reopen and that there were no open ongoing issues at time of closure such that the case was truly closed.',0,'2022-04-05 03:05:03','2022-04-05 03:05:03'),(715,46511,46546,'employer or carrier','Now, in addition to having a case where there is a claim (an application for payment by the claimant or a health care provider) made more than seven years after the date of injury and more than three years after the last payment of compensation on a claim that has been truly closed, it appears that the employer or carrier must also submit a complete written application which will require the following to minimize the risk of having an application be deemed incomplete:','Now, in addition to having a case where there is a claim (an application for payment by the claimant or a health care provider) made more than seven years after the date of injury and more than three years after the last payment of compensation on a claim that has been truly closed, it appears that 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 carrier</a> must also submit a complete written application which will require the following to minimize the risk of having an application be deemed incomplete:','Now, in addition to having a case where there is a claim (an application for payment by the claimant or a health care provider) made more than seven years after the date of injury and more than three years after the last payment of compensation on a claim that has been truly closed, it appears that the employer or carrier must also submit a complete written application which will require the following to minimize the risk of having an application be deemed incomplete:','Now, in addition to having a case where there is a claim (an application for payment by the claimant or a health care provider) made more than seven years after the date of injury and more than three years after the last payment of compensation on a claim that has been truly closed, it appears that the employer or carrier must also submit a complete written application which will require the following to minimize the risk of having an application be deemed incomplete:','Now, in addition to having a case where there is a claim (an application for payment by the claimant or a health care provider) made more than seven years after the date of injury and more than three years after the last payment of compensation on a claim that has been truly closed, it appears that the employer or carrier must also submit a complete written application which will require the following to minimize the risk of having an application be deemed incomplete',0,'2022-04-05 03:05:03','2022-04-05 03:05:03'),(716,46511,46546,'carrier or employer','However, it appears that the Board will be requiring the carrier or employer to submit affirmative “support” with the application demonstrating that the claimant did not have any lost time or reduced earnings as a result of the injury','However, it appears that the Board will be requiring 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/\">carrier or employer</a> to submit affirmative “support” with the application demonstrating that the claimant did not have any lost time or reduced earnings as a result of the injury','However, it appears that the Board will be requiring the carrier or employer to submit affirmative “support” with the application demonstrating that the claimant did not have any lost time or reduced earnings as a result of the injury','However, it appears that the Board will be requiring the carrier or employer to submit affirmative “support” with the application demonstrating that the claimant did not have any lost time or reduced earnings as a result of the injury. As a result, the employer or carrier should attach either a C-25 or some other evidence demonstrating that the claimant has not had any lost time to its RFA-2 in a claim where the claimant returned to work for a different employer.','However, it appears that the Board will be requiring the carrier or employer to submit affirmative “support” with the application demonstrating that the claimant did not have any lost time or reduced earnings as a result of the injury.',0,'2022-04-05 03:05:03','2022-04-05 03:05:03'),(717,46511,46371,'claimant returned to work','The challenge will be on those claims when the claimant returned to work at another employer and is unresponsive to requests for completion of a C-25 or submits an incomplete form','The challenge will be on those claims when 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 returned to work</a> at another employer and is unresponsive to requests for completion of a C-25 or submits an incomplete form','The challenge will be on those claims when the claimant returned to work at another employer and is unresponsive to requests for completion of a C-25 or submits an incomplete form','The C-25 is supposed to provide evidence that the claimant has not had any lost time as a result of the injury or that the claimant has been working at full salary and not under light duty. The challenge will be on those claims when the claimant returned to work at another employer and is unresponsive to requests for completion of a C-25 or submits an incomplete form. There are several possible mechanisms for addressing this contingency such as subpoena, attorney affirmation after reviewing eCase, affidavit of an adjuster who spoke to the claimant which might provide the requisite affirmative showing that the','The C-25 is supposed to provide evidence that the claimant has not had any lost time as a result of the injury or that the claimant has been working at full salary and not under light duty. The challenge will be on those claims when the claimant returned to work at another employer and is unresponsive to requests for completion of a C-25 or submits an incomplete form.',0,'2022-04-05 03:05:03','2022-04-05 03:05:03'),(718,46511,46371,'claimant working','If same employer, claimant working at full salary and not under light duty;','If same employer, <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 working</a> at full salary and not under light duty;','If same employer, claimant working at full salary and not under light duty;','c. If same employer, claimant working at full salary and not under light duty;','If same employer, claimant working at full salary and not under light duty',0,'2022-04-05 03:05:03','2022-04-05 03:05:03'),(719,46511,46372,'change in condition','No medical report demonstrating a change in condition or that could be taken as a medical provider’s request to reopen;','No medical report demonstrating a <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/01/how-change-in-conditions-for-classified-claimants-changed-drastically/\">change in condition</a> or that could be taken as a medical provider’s request to reopen;','No medical report demonstrating a change in condition or that could be taken as a medical provider’s request to reopen;','d. No medical report demonstrating a change in condition or that could be taken as a medical provider’s request to reopen;','No medical report demonstrating a change in condition or that could be taken as a medical provider’s request to reopen',0,'2022-04-05 03:05:03','2022-04-05 03:05:03'),(720,46511,46372,'change in condition','In addition to providing evidence that there has been no payment of compensation during the prohibited time period, the RFA-2 should also probably include a letter or other statement asserting that the medical reports do not demonstrate a change in condition or that could be taken as a medical provider’s request to reopen and that there were no open ongoing issues at time of closure such that the case was truly closed','In addition to providing evidence that there has been no payment of compensation during the prohibited time period, the RFA-2 should also probably include a letter or other statement asserting that the medical reports do not demonstrate a <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/01/how-change-in-conditions-for-classified-claimants-changed-drastically/\">change in condition</a> or that could be taken as a medical provider’s request to reopen and that there were no open ongoing issues at time of closure such that the case was truly closed','In addition to providing evidence that there has been no payment of compensation during the prohibited time period, the RFA-2 should also probably include a letter or other statement asserting that the medical reports do not demonstrate a change in condition or that could be taken as a medical provider’s request to reopen and that there were no open ongoing issues at time of closure such that the case was truly closed','In addition to providing evidence that there has been no payment of compensation during the prohibited time period, the RFA-2 should also probably include a letter or other statement asserting that the medical reports do not demonstrate a change in condition or that could be taken as a medical provider’s request to reopen and that there were no open ongoing issues at time of closure such that the case was truly closed.','In addition to providing evidence that there has been no payment of compensation during the prohibited time period, the RFA-2 should also probably include a letter or other statement asserting that the medical reports do not demonstrate a change in condition or that could be taken as a medical provider’s request to reopen and that there were no open ongoing issues at time of closure such that the case was truly closed.',0,'2022-04-05 03:05:03','2022-04-05 03:05:03'),(721,46511,46350,'work at the employer','If the Claimant has returned to work at the employer of record, the Board appears to be requiring proof that there has been no advance payment of compensation','If the Claimant has returned to <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/\">work at the employer</a> of record, the Board appears to be requiring proof that there has been no advance payment of compensation','If the Claimant has returned to work at the employer of record, the Board appears to be requiring proof that there has been no advance payment of compensation','If the Claimant has returned to work at the employer of record, the Board appears to be requiring proof that there has been no advance payment of compensation. It is not clear what proof will suffice.','If the Claimant has returned to work at the employer of record, the Board appears to be requiring proof that there has been no advance payment of compensation.',0,'2022-04-05 03:05:03','2022-04-05 03:05:03'),(722,46511,46350,'work at another employer','The challenge will be on those claims when the claimant returned to work at another employer and is unresponsive to requests for completion of a C-25 or submits an incomplete form','The challenge will be on those claims when the claimant returned to <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/\">work at another employer</a> and is unresponsive to requests for completion of a C-25 or submits an incomplete form','The challenge will be on those claims when the claimant returned to work at another employer and is unresponsive to requests for completion of a C-25 or submits an incomplete form','The C-25 is supposed to provide evidence that the claimant has not had any lost time as a result of the injury or that the claimant has been working at full salary and not under light duty. The challenge will be on those claims when the claimant returned to work at another employer and is unresponsive to requests for completion of a C-25 or submits an incomplete form. There are several possible mechanisms for addressing this contingency such as subpoena, attorney affirmation after reviewing eCase, affidavit of an adjuster who spoke to the claimant which might provide the requisite affirmative showing that the','The C-25 is supposed to provide evidence that the claimant has not had any lost time as a result of the injury or that the claimant has been working at full salary and not under light duty. The challenge will be on those claims when the claimant returned to work at another employer and is unresponsive to requests for completion of a C-25 or submits an incomplete form.',0,'2022-04-05 03:05:03','2022-04-05 03:05:03'),(723,46511,46555,'compensation from the employer','· A C-25, or the Claimant’s Application for Reopening of Claim, More Than Seven Years after Accident, which indicates that the claimant has not had any lost time as a result of the injury, has not received an advance payment of compensation from the employer of record, and that the claimant has been working at full salary and not under light duty would also in all likelihood be sufficient','· A C-25, or the Claimant’s Application for Reopening of Claim, More Than Seven Years after Accident, which indicates that the claimant has not had any lost time as a result of the injury, has not received an advance payment of <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/\">compensation from the employer</a> of record, and that the claimant has been working at full salary and not under light duty would also in all likelihood be sufficient','· A C-25, or the Claimant’s Application for Reopening of Claim, More Than Seven Years after Accident, which indicates that the claimant has not had any lost time as a result of the injury, has not received an advance payment of compensation from the employer of record, and that the claimant has been working at full salary and not under light duty would also in all likelihood be sufficient','· A C-25, or the Claimant’s Application for Reopening of Claim, More Than Seven Years after Accident, which indicates that the claimant has not had any lost time as a result of the injury, has not received an advance payment of compensation from the employer of record, and that the claimant has been working at full salary and not under light duty would also in all likelihood be sufficient.','· A C-25, or the Claimant’s Application for Reopening of Claim, More Than Seven Years after Accident, which indicates that the claimant has not had any lost time as a result of the injury, has not received an advance payment of compensation from the employer of record, and that the claimant has been working at full salary and not under light duty would also in all likelihood be sufficient.',0,'2022-04-05 03:05:03','2022-04-05 03:05:03'),(724,46079,46350,'work accident to him, but actually denied any accident','We were able to get concessions from her PA that she never disclosed a work accident to him, but actually denied any accident','We were able to get concessions from her PA that she never disclosed a <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/\">work accident to him, but actually denied any accident</a>','We were able to get concessions from her PA that she never disclosed a work accident to him, but actually denied any accident','My first disallowance when I first started Workers\' Compensation for a claimant who requested time off work, was denied, and just so happened to have an accident the day before the time she previously requested off is one of my favorite wins. We were able to get concessions from her PA that she never disclosed a work accident to him, but actually denied any accident. This was my favorite case because it was my first time taking claimant testimony and I got plenty of objections which would make me stumble and more nervous, and I felt humiliated for asking so many questions about the inconsistencies in the record because “asked and answered” was a frequent objection.','We were able to get concessions from her PA that she never disclosed a work accident to him, but actually denied any accident. This was my favorite case because it was my first time taking claimant testimony and I got plenty of objections which would make me stumble and more nervous, and I felt humiliated for asking so many questions about the inconsistencies in the record because “asked and answered” was a frequent objection. However, my intuition was correct and I prevailed on the same inconsistencies claimant’s counsel continued to object to questions regarding.</li>',0,'2022-04-05 03:05:04','2022-04-05 03:05:04'),(725,46079,46350,'working with the claimant on the accident','We took the deep dive and contacted other employees who were working with the claimant on the accident date','We took the deep dive and contacted other employees who were <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/\">working with the claimant on the accident</a> date','We took the deep dive and contacted other employees who were working with the claimant on the accident date','The claimant alleged that after he injured his foot, he fell backwards striking his back causing injuries. We took the deep dive and contacted other employees who were working with the claimant on the accident date. Every employer-eyewitness testified that the claimant injured his right foot and then sat down to await medical attention.','We took the deep dive and contacted other employees who were working with the claimant on the accident date.',0,'2022-04-05 03:05:04','2022-04-05 03:05:04'),(726,46079,46371,'working with the claimant','We took the deep dive and contacted other employees who were working with the claimant on the accident date','We took the deep dive and contacted other employees who were <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/\">working with the claimant</a> on the accident date','We took the deep dive and contacted other employees who were working with the claimant on the accident date','The claimant alleged that after he injured his foot, he fell backwards striking his back causing injuries. We took the deep dive and contacted other employees who were working with the claimant on the accident date. Every employer-eyewitness testified that the claimant injured his right foot and then sat down to await medical attention.','We took the deep dive and contacted other employees who were working with the claimant on the accident date.',0,'2022-04-05 03:05:04','2022-04-05 03:05:04'),(727,46079,46371,'claimant was working','The claimant was working in construction and was assigned to dump bins of debris out into a waiting garbage truck','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 was working</a> in construction and was assigned to dump bins of debris out into a waiting garbage truck','The claimant was working in construction and was assigned to dump bins of debris out into a waiting garbage truck','One of my favorite wins at the trial level involved an established right ankle injury (crush) and the claimant was also alleging a direct injury to the back. The claimant was working in construction and was assigned to dump bins of debris out into a waiting garbage truck. The claimant’s foot was injured by the garbage truck and the debris bin.','the trial level involved an established right ankle injury (crush) and the claimant was also alleging a direct injury to the back. The claimant was working in construction and was assigned to dump bins of debris out into a waiting garbage truck. The claimant’s foot was injured by the garbage truck',0,'2022-04-05 03:05:04','2022-04-05 03:05:04'),(728,46079,46553,'claimant alleged','The claimant alleged that after he injured his foot, he fell backwards striking his back causing injuries','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 alleged</a> that after he injured his foot, he fell backwards striking his back causing injuries','The claimant alleged that after he injured his foot, he fell backwards striking his back causing injuries','The claimant’s foot was injured by the garbage truck and the debris bin. The claimant alleged that after he injured his foot, he fell backwards striking his back causing injuries. We took the deep dive and contacted other employees who were working with the claimant on the accident date.','the trial level involved an established right ankle injury (crush) and the claimant was also alleging a direct injury to the back. The claimant was working in construction and was assigned to dump bins of debris out into a waiting garbage truck. The claimant’s foot was injured by the garbage truck and the debris bin. The claimant alleged that after he injured his foot, he fell backwards striking his back causing injuries.',0,'2022-04-05 03:05:04','2022-04-05 03:05:04'),(729,46079,46561,'testified that the claimant','Every employer-eyewitness testified that the claimant injured his right foot and then sat down to await medical attention','Every employer-eyewitness <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/\">testified that the claimant</a> injured his right foot and then sat down to await medical attention','Every employer-eyewitness testified that the claimant injured his right foot and then sat down to await medical attention','We took the deep dive and contacted other employees who were working with the claimant on the accident date. Every employer-eyewitness testified that the claimant injured his right foot and then sat down to await medical attention. Further, the medical reports did not state a direct back injury until months later.','Every employer-eyewitness testified that the claimant injured his right foot and then sat down to await medical attention.',0,'2022-04-05 03:05:04','2022-04-05 03:05:04'),(730,46079,46422,'medical reports did not state','Further, the medical reports did not state a direct back injury until months later','Further, 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/\">medical reports did not state</a> a direct back injury until months later','Further, the medical reports did not state a direct back injury until months later','Every employer-eyewitness testified that the claimant injured his right foot and then sat down to await medical attention. Further, the medical reports did not state a direct back injury until months later. Based on the overwhelming evidence that we were able to produce, we prevailed on having the back injury disallowed from the claim.','Further, the medical reports did not state a direct back injury until months later. Based on the overwhelming evidence that we were able to produce, we prevailed on having the back injury disallowed from the claim. The WCLJ found our three employer witnesses were more credible than the claimant in describing the accident, and that the claimant did not have the complaints until a few months later.',0,'2022-04-05 03:05:04','2022-04-05 03:05:04'),(731,46079,46506,'medical reports did not state a direct back','Further, the medical reports did not state a direct back injury until months later','Further, the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/09/navigating-the-low-back-medical-treatment-guidelines-for-chiropractic-care/\">medical reports did not state a direct back</a> injury until months later','Further, the medical reports did not state a direct back injury until months later','Every employer-eyewitness testified that the claimant injured his right foot and then sat down to await medical attention. Further, the medical reports did not state a direct back injury until months later. Based on the overwhelming evidence that we were able to produce, we prevailed on having the back injury disallowed from the claim.','Further, the medical reports did not state a direct back injury until months later. Based on the overwhelming evidence that we were able to produce, we prevailed on having the back injury disallowed from the claim. The WCLJ found our three employer witnesses were more credible than the claimant in describing the accident, and that the claimant did not have the complaints until a few months later.',0,'2022-04-05 03:05:04','2022-04-05 03:05:04'),(732,46079,46342,'disallowed from the claim','Based on the overwhelming evidence that we were able to produce, we prevailed on having the back injury disallowed from the claim','Based on the overwhelming evidence that we were able to produce, we prevailed on having the back injury <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/05/claim-disallowance-with-unanimous-medical-opinion-giving-causal-relationship/\">disallowed from the claim</a>','Based on the overwhelming evidence that we were able to produce, we prevailed on having the back injury disallowed from the claim','Further, the medical reports did not state a direct back injury until months later. Based on the overwhelming evidence that we were able to produce, we prevailed on having the back injury disallowed from the claim. The WCLJ found our three employer witnesses were more credible than the claimant in describing the accident, and that the claimant did not have the complaints until a few months later.','Based on the overwhelming evidence that we were able to produce, we prevailed on having the back injury disallowed from the claim. The WCLJ found our three employer witnesses were more credible than the claimant in describing the accident, and that the claimant did not have the complaints until a few months later. This was a great win as the claim was then limited to the right ankle injury without expanding the sites of injury.</li>',0,'2022-04-05 03:05:04','2022-04-05 03:05:04'),(733,46415,46374,'claim – I have the risk factors for CTS –','I did not file a claim – I have the risk factors for CTS – I am a 51 year old overweight woman','I did not file 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/\">claim – I have the risk factors for CTS –</a> I am a 51 year old overweight woman','I did not file a claim – I have the risk factors for CTS – I am a 51 year old overweight woman','I proably won’t miss any time from work this time either. I did not file a claim – I have the risk factors for CTS – I am a 51 year old overweight woman. If I put this through workers’ compensation, and I believe I could have established a compensable claim if I sought to, I would receive awards for approximately $53,000.','I will be having left CTS release in a couple of weeks. I also had the right done 3 years ago. I didn’t miss any time from work. The surgery made me better. I proably won’t miss any time from work this time either. I did not file a claim – I have the risk factors for CTS – I am a 51 year old overweight woman.',0,'2022-04-05 03:05:05','2022-04-05 03:05:05'),(734,46415,46421,'claim – I have the risk factors for CTS –','I did not file a claim – I have the risk factors for CTS – I am a 51 year old overweight woman','I did not 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/\">claim – I have the risk factors for CTS –</a> I am a 51 year old overweight woman','I did not file a claim – I have the risk factors for CTS – I am a 51 year old overweight woman','I proably won’t miss any time from work this time either. I did not file a claim – I have the risk factors for CTS – I am a 51 year old overweight woman. If I put this through workers’ compensation, and I believe I could have established a compensable claim if I sought to, I would receive awards for approximately $53,000.','I will be having left CTS release in a couple of weeks. I also had the right done 3 years ago. I didn’t miss any time from work. The surgery made me better. I proably won’t miss any time from work this time either. I did not file a claim – I have the risk factors for CTS – I am a 51 year old overweight woman.',0,'2022-04-05 03:05:05','2022-04-05 03:05:05'),(735,46341,46561,'claimant testified','At the trial level, claimant testified','At the trial level, <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/\">claimant testified</a>','At the trial level, claimant testified','At the trial level, claimant testified. Upon conclusion of the testimony, we aggressively argued that the claimant had voluntarily retired – as no doctor suggested or advised to retire, and the claimant testified that it was time for her to retire from the hospital.','At the trial level, claimant testified. Upon conclusion of the testimony, we aggressively argued that the claimant had voluntarily retired – as no doctor suggested or advised to retire, and the claimant testified that it was time for her to retire from the hospital. Further, we argued that the claim for reduced earnings while working at the deli was improper. Specifically, there were no doctors providing any work restrictions and therefore the claimant’s reduced earnings were due solely to the claimant’s own decision to work part-time.',0,'2022-04-05 03:05:06','2022-04-05 03:05:06'),(736,46341,46371,'claimant had voluntarily retired –','Upon conclusion of the testimony, we aggressively argued that the claimant had voluntarily retired – as no doctor suggested or advised to retire, and the claimant testified that it was time for her to retire from the hospital','Upon conclusion of the testimony, we aggressively argued 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 had voluntarily retired –</a> as no doctor suggested or advised to retire, and the claimant testified that it was time for her to retire from the hospital','Upon conclusion of the testimony, we aggressively argued that the claimant had voluntarily retired – as no doctor suggested or advised to retire, and the claimant testified that it was time for her to retire from the hospital','At the trial level, claimant testified. Upon conclusion of the testimony, we aggressively argued that the claimant had voluntarily retired – as no doctor suggested or advised to retire, and the claimant testified that it was time for her to retire from the hospital. Further, we argued that the claim for reduced earnings while working at the deli was improper.','Upon conclusion of the testimony, we aggressively argued that the claimant had voluntarily retired – as no doctor suggested or advised to retire, and the claimant testified that it was time for her to retire from the hospital.',0,'2022-04-05 03:05:06','2022-04-05 03:05:06'),(737,46341,46371,'claimant to confirm –','With the facts in our corner, we went into the hearing knowing the answers, but needed the claimant to confirm – which she did','With the facts in our corner, we went into the hearing knowing the answers, but needed 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 to confirm –</a> which she did','With the facts in our corner, we went into the hearing knowing the answers, but needed the claimant to confirm – which she did','In this claim, LOMAD took another deep dive into the record which revealed no doctor was advising to retire or provided any work restrictions. With the facts in our corner, we went into the hearing knowing the answers, but needed the claimant to confirm – which she did. This was an excellent win for our client and LOMAD!','With the facts in our corner, we went into the hearing knowing the answers, but needed the claimant to confirm – which she did.',0,'2022-04-05 03:05:06','2022-04-05 03:05:06'),(738,46341,46374,'claimant had voluntarily retired –','Upon conclusion of the testimony, we aggressively argued that the claimant had voluntarily retired – as no doctor suggested or advised to retire, and the claimant testified that it was time for her to retire from the hospital','Upon conclusion of the testimony, we aggressively argued 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 had voluntarily retired –</a> as no doctor suggested or advised to retire, and the claimant testified that it was time for her to retire from the hospital','Upon conclusion of the testimony, we aggressively argued that the claimant had voluntarily retired – as no doctor suggested or advised to retire, and the claimant testified that it was time for her to retire from the hospital','At the trial level, claimant testified. Upon conclusion of the testimony, we aggressively argued that the claimant had voluntarily retired – as no doctor suggested or advised to retire, and the claimant testified that it was time for her to retire from the hospital. Further, we argued that the claim for reduced earnings while working at the deli was improper.','Upon conclusion of the testimony, we aggressively argued that the claimant had voluntarily retired – as no doctor suggested or advised to retire, and the claimant testified that it was time for her to retire from the hospital.',0,'2022-04-05 03:05:06','2022-04-05 03:05:06'),(739,46341,46374,'claimant to confirm –','With the facts in our corner, we went into the hearing knowing the answers, but needed the claimant to confirm – which she did','With the facts in our corner, we went into the hearing knowing the answers, but needed 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 to confirm –</a> which she did','With the facts in our corner, we went into the hearing knowing the answers, but needed the claimant to confirm – which she did','In this claim, LOMAD took another deep dive into the record which revealed no doctor was advising to retire or provided any work restrictions. With the facts in our corner, we went into the hearing knowing the answers, but needed the claimant to confirm – which she did. This was an excellent win for our client and LOMAD!','With the facts in our corner, we went into the hearing knowing the answers, but needed the claimant to confirm – which she did.',0,'2022-04-05 03:05:06','2022-04-05 03:05:06'),(740,46341,46549,'found that the claimant','The WCLJ agreed with our position and found that the claimant had voluntarily retired from her job at the hospital and was not entitled to lost time','The WCLJ agreed with our position and <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> had voluntarily retired from her job at the hospital and was not entitled to lost time','The WCLJ agreed with our position and found that the claimant had voluntarily retired from her job at the hospital and was not entitled to lost time','The WCLJ agreed with our position and found that the claimant had voluntarily retired from her job at the hospital and was not entitled to lost time. Further, the WCLJ sided with our position that the claim for reduced earnings was based on the claimant’s decision to work part-time, not due to any work restrictions placed on her.','The WCLJ agreed with our position and found that the claimant had voluntarily retired from her job at the hospital and was not entitled to lost time. Further, the WCLJ sided with our position that the claim for reduced earnings was based on the claimant’s decision to work part-time',0,'2022-04-05 03:05:06','2022-04-05 03:05:06'),(741,46340,46338,'causal relationship','Since PFME is an issue which is usually never revisited, as it is interlocutory, it is important to be aggressive at the outset of the claim and recognizing that just because a diagnosis is given with statement of causal relationship, that diagnosis may not be an actual “injury,” and a finding of PFME should be argued against accordingly.','Since PFME is an issue which is usually never revisited, as it is interlocutory, it is important to be aggressive at the outset of the claim and recognizing that just because a diagnosis is given with statement of <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/06/third-deparment-decision-disputing-causal-relationship/\">causal relationship</a>, that diagnosis may not be an actual “injury,” and a finding of PFME should be argued against accordingly.','Since PFME is an issue which is usually never revisited, as it is interlocutory, it is important to be aggressive at the outset of the claim and recognizing that just because a diagnosis is given with statement of causal relationship, that diagnosis may not be an actual “injury,” and a finding of PFME should be argued against accordingly.','Pain is a symptom and not a diagnosis and, as such, medical reports that only reference or diagnose pain are not sufficient to constitute PFME of an injury, trauma or illness.” Notably, the Board found that pain was  not sufficient for PFME, despite positive clinical findings, which claimant’s counsel argued were indicative of an injury. Since PFME is an issue which is usually never revisited, as it is interlocutory, it is important to be aggressive at the outset of the claim and recognizing that just because a diagnosis is given with statement of causal relationship, that diagnosis may not be an actual “injury,” and a finding of PFME should be argued against accordingly.','Since PFME is an issue which is usually never revisited, as it is interlocutory, it is important to be aggressive at the outset of the claim and recognizing that just because a diagnosis is given with statement of causal relationship, that diagnosis may not be an actual “injury,” and a finding of PFME should be argued against accordingly.',0,'2022-04-05 03:05:07','2022-04-05 03:05:07'),(742,46340,46344,'causal relationship','Since PFME is an issue which is usually never revisited, as it is interlocutory, it is important to be aggressive at the outset of the claim and recognizing that just because a diagnosis is given with statement of causal relationship, that diagnosis may not be an actual “injury,” and a finding of PFME should be argued against accordingly.','Since PFME is an issue which is usually never revisited, as it is interlocutory, it is important to be aggressive at the outset of the claim and recognizing that just because a diagnosis is given with statement of <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>, that diagnosis may not be an actual “injury,” and a finding of PFME should be argued against accordingly.','Since PFME is an issue which is usually never revisited, as it is interlocutory, it is important to be aggressive at the outset of the claim and recognizing that just because a diagnosis is given with statement of causal relationship, that diagnosis may not be an actual “injury,” and a finding of PFME should be argued against accordingly.','Pain is a symptom and not a diagnosis and, as such, medical reports that only reference or diagnose pain are not sufficient to constitute PFME of an injury, trauma or illness.” Notably, the Board found that pain was  not sufficient for PFME, despite positive clinical findings, which claimant’s counsel argued were indicative of an injury. Since PFME is an issue which is usually never revisited, as it is interlocutory, it is important to be aggressive at the outset of the claim and recognizing that just because a diagnosis is given with statement of causal relationship, that diagnosis may not be an actual “injury,” and a finding of PFME should be argued against accordingly.','Since PFME is an issue which is usually never revisited, as it is interlocutory, it is important to be aggressive at the outset of the claim and recognizing that just because a diagnosis is given with statement of causal relationship, that diagnosis may not be an actual “injury,” and a finding of PFME should be argued against accordingly.',0,'2022-04-05 03:05:07','2022-04-05 03:05:07'),(743,46375,46367,'related due','The treating physician conceded in cross examination that he was only assuming the claimant’s condition was casually related due to the history provided, and then further conceded that there are many other explanations for which claimant could have these knee conditions which would NOT be work related','The treating physician conceded in cross examination that he was only assuming the claimant’s condition was casually <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/02/no-further-causally-related-disability-due-to-intervening-unrelated-accident/\">related due</a> to the history provided, and then further conceded that there are many other explanations for which claimant could have these knee conditions which would NOT be work related','The treating physician conceded in cross examination that he was only assuming the claimant’s condition was casually related due to the history provided, and then further conceded that there are many other explanations for which claimant could have these knee conditions which would NOT be work related','The diagnoses which claimant had were all diagnoses that could have been caused from other preexisting conditions or by other means, such as running or playing basketball, which were also included in reports from various physicians. The treating physician conceded in cross examination that he was only assuming the claimant’s condition was casually related due to the history provided, and then further conceded that there are many other explanations for which claimant could have these knee conditions which would NOT be work related. The IME doctor was able to maintain their position that the claim is not causally related.','the left knee. The issue for litigation which ultimately led to a disallowance of the claim was causal relationship. The claimant claimed to have injured his knee while working. The claimant did not seek treatment until 2 years following the alleged accident, and indicated that he did not seek treatment earlier because he avoids doctors, which raised suspicion for the type of injury being claimed and the typical pain and issues that injury would likely cause an individual. As we reviewed the case further, the history of the accident which was being provided to different physicians, as well as the history provided in claimant’s own testimony, began to create even more inconsistencies, as none of the histories appeared to be the same. In one report the claimant alleged he tripped over an object, in another he alleged he twisted his body when his knee was injured, in another he alleged he was squatting down when he injured his knee, and the inconsistencies continued from there. The diagnoses which claimant had were all diagnoses that could have been caused from other preexisting conditions or by other means, such as running or playing basketball, which were also included in reports from various physicians. The treating physician conceded in cross examination that he was only assuming the claimant’s condition was casually related due to the history provided, and then further conceded that there are many other explanations for which claimant could have these knee conditions which would NOT be work related. The IME doctor was able to maintain their position that the claim is not causally related. We highlighted the inconsistencies in both a memo of law and summations. The Judge ended up finding that the claimant had failed to demonstrate his complaints were causally related',0,'2022-04-05 04:52:36','2022-04-05 04:52:36'),(744,46375,46367,'causally related','The IME doctor was able to maintain their position that the claim is not causally related','The IME doctor was able to maintain their position that the claim is not <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>','The IME doctor was able to maintain their position that the claim is not causally related','The treating physician conceded in cross examination that he was only assuming the claimant’s condition was casually related due to the history provided, and then further conceded that there are many other explanations for which claimant could have these knee conditions which would NOT be work related. The IME doctor was able to maintain their position that the claim is not causally related. We highlighted the inconsistencies in both a memo of law and summations.','the left knee. The issue for litigation which ultimately led to a disallowance of the claim was causal relationship. The claimant claimed to have injured his knee while working. The claimant did not seek treatment until 2 years following the alleged accident, and indicated that he did not seek treatment earlier because he avoids doctors, which raised suspicion for the type of injury being claimed and the typical pain and issues that injury would likely cause an individual. As we reviewed the case further, the history of the accident which was being provided to different physicians, as well as the history provided in claimant’s own testimony, began to create even more inconsistencies, as none of the histories appeared to be the same. In one report the claimant alleged he tripped over an object, in another he alleged he twisted his body when his knee was injured, in another he alleged he was squatting down when he injured his knee, and the inconsistencies continued from there. The diagnoses which claimant had were all diagnoses that could have been caused from other preexisting conditions or by other means, such as running or playing basketball, which were also included in reports from various physicians. The treating physician conceded in cross examination that he was only assuming the claimant’s condition was casually related due to the history provided, and then further conceded that there are many other explanations for which claimant could have these knee conditions which would NOT be work related. The IME doctor was able to maintain their position that the claim is not causally related. We highlighted the inconsistencies in both a memo of law and summations. The Judge ended up finding that the claimant had failed to demonstrate his complaints were causally related to a work injury noting the multiple inconsistencies in the claim. The Judge noted that due to the multiple inconsistencies the claimant’s treating doctor’s opinion on causal relationship was not credible. Additionally, the Judge noted that the fact that the claimant waited two years to treat was not credible. As such the claim was disallowed.',0,'2022-04-05 04:52:36','2022-04-05 04:52:36'),(745,46375,46367,'causally related','The Judge ended up finding that the claimant had failed to demonstrate his complaints were causally related to a work injury noting the multiple inconsistencies in the claim','The Judge ended up finding that the claimant had failed to demonstrate his complaints were <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 a work injury noting the multiple inconsistencies in the claim','The Judge ended up finding that the claimant had failed to demonstrate his complaints were causally related to a work injury noting the multiple inconsistencies in the claim','We highlighted the inconsistencies in both a memo of law and summations. The Judge ended up finding that the claimant had failed to demonstrate his complaints were causally related to a work injury noting the multiple inconsistencies in the claim. The Judge noted that due to the multiple inconsistencies the claimant’s treating doctor’s opinion on causal relationship was not credible.','the left knee. The issue for litigation which ultimately led to a disallowance of the claim was causal relationship. The claimant claimed to have injured his knee while working. The claimant did not seek treatment until 2 years following the alleged accident, and indicated that he did not seek treatment earlier because he avoids doctors, which raised suspicion for the type of injury being claimed and the typical pain and issues that injury would likely cause an individual. As we reviewed the case further, the history of the accident which was being provided to different physicians, as well as the history provided in claimant’s own testimony, began to create even more inconsistencies, as none of the histories appeared to be the same. In one report the claimant alleged he tripped over an object, in another he alleged he twisted his body when his knee was injured, in another he alleged he was squatting down when he injured his knee, and the inconsistencies continued from there. The diagnoses which claimant had were all diagnoses that could have been caused from other preexisting conditions or by other means, such as running or playing basketball, which were also included in reports from various physicians. The treating physician conceded in cross examination that he was only assuming the claimant’s condition was casually related due to the history provided, and then further conceded that there are many other explanations for which claimant could have these knee conditions which would NOT be work related. The IME doctor was able to maintain their position that the claim is not causally related. We highlighted the inconsistencies in both a memo of law and summations. The Judge ended up finding that the claimant had failed to demonstrate his complaints were causally related to a work injury noting the multiple inconsistencies in the claim. The Judge noted that due to the multiple inconsistencies the claimant’s treating doctor’s opinion on causal relationship was not credible. Additionally, the Judge noted that the fact that the claimant waited two years to treat was not credible. As such the claim',0,'2022-04-05 04:52:36','2022-04-05 04:52:36'),(746,46375,46342,'opinion on causal relationship','The Judge noted that due to the multiple inconsistencies the claimant’s treating doctor’s opinion on causal relationship was not credible','The Judge noted that due to the multiple inconsistencies the claimant’s treating doctor’s <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/05/claim-disallowance-with-unanimous-medical-opinion-giving-causal-relationship/\">opinion on causal relationship</a> was not credible','The Judge noted that due to the multiple inconsistencies the claimant’s treating doctor’s opinion on causal relationship was not credible','The Judge ended up finding that the claimant had failed to demonstrate his complaints were causally related to a work injury noting the multiple inconsistencies in the claim. The Judge noted that due to the multiple inconsistencies the claimant’s treating doctor’s opinion on causal relationship was not credible. Additionally, the Judge noted that the fact that the claimant waited two years to treat was not credible.','the left knee. The issue for litigation which ultimately led to a disallowance of the claim was causal relationship. The claimant claimed to have injured his knee while working. The claimant did not seek treatment until 2 years following the alleged accident, and indicated that he did not seek treatment earlier because he avoids doctors, which raised suspicion for the type of injury being claimed and the typical pain and issues that injury would likely cause an individual. As we reviewed the case further, the history of the accident which was being provided to different physicians, as well as the history provided in claimant’s own testimony, began to create even more inconsistencies, as none of the histories appeared to be the same. In one report the claimant alleged he tripped over an object, in another he alleged he twisted his body when his knee was injured, in another he alleged he was squatting down when he injured his knee, and the inconsistencies continued from there. The diagnoses which claimant had were all diagnoses that could have been caused from other preexisting conditions or by other means, such as running or playing basketball, which were also included in reports from various physicians. The treating physician conceded in cross examination that he was only assuming the claimant’s condition was casually related due to the history provided, and then further conceded that there are many other explanations for which claimant could have these knee conditions which would NOT be work related. The IME doctor was able to maintain their position that the claim is not causally related. We highlighted the inconsistencies in both a memo of law and summations. The Judge ended up finding that the claimant had failed to demonstrate his complaints were causally related to a work injury noting the multiple inconsistencies in the claim. The Judge noted that due to the multiple inconsistencies the claimant’s treating doctor’s opinion on causal relationship was not credible. Additionally, the Judge noted that the fact that the claimant waited two years to treat was not credible.',0,'2022-04-05 04:52:36','2022-04-05 04:52:36'),(747,46375,46342,'claim is not causally','The IME doctor was able to maintain their position that the claim is not causally related','The IME doctor was able to maintain their position that the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/05/claim-disallowance-with-unanimous-medical-opinion-giving-causal-relationship/\">claim is not causally</a> related','The IME doctor was able to maintain their position that the claim is not causally related','The treating physician conceded in cross examination that he was only assuming the claimant’s condition was casually related due to the history provided, and then further conceded that there are many other explanations for which claimant could have these knee conditions which would NOT be work related. The IME doctor was able to maintain their position that the claim is not causally related. We highlighted the inconsistencies in both a memo of law and summations.','the left knee. The issue for litigation which ultimately led to a disallowance of the claim was causal relationship. The claimant claimed to have injured his knee while working. The claimant did not seek treatment until 2 years following the alleged accident, and indicated that he did not seek treatment earlier because he avoids doctors, which raised suspicion for the type of injury being claimed and the typical pain and issues that injury would likely cause an individual. As we reviewed the case further, the history of the accident which was being provided to different physicians, as well as the history provided in claimant’s own testimony, began to create even more inconsistencies, as none of the histories appeared to be the same. In one report the claimant alleged he tripped over an object, in another he alleged he twisted his body when his knee was injured, in another he alleged he was squatting down when he injured his knee, and the inconsistencies continued from there. The diagnoses which claimant had were all diagnoses that could have been caused from other preexisting conditions or by other means, such as running or playing basketball, which were also included in reports from various physicians. The treating physician conceded in cross examination that he was only assuming the claimant’s condition was casually related due to the history provided, and then further conceded that there are many other explanations for which claimant could have these knee conditions which would NOT be work related. The IME doctor was able to maintain their position that the claim is not causally related. We highlighted the inconsistencies in both a memo of law and summations. The Judge ended up finding that the claimant had failed to demonstrate his complaints were causally related',0,'2022-04-05 04:52:36','2022-04-05 04:52:36'),(748,46375,46332,'causally related','The IME doctor was able to maintain their position that the claim is not causally related','The IME doctor was able to maintain their position that the claim is not <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>','The IME doctor was able to maintain their position that the claim is not causally related','The treating physician conceded in cross examination that he was only assuming the claimant’s condition was casually related due to the history provided, and then further conceded that there are many other explanations for which claimant could have these knee conditions which would NOT be work related. The IME doctor was able to maintain their position that the claim is not causally related. We highlighted the inconsistencies in both a memo of law and summations.','the left knee. The issue for litigation which ultimately led to a disallowance of the claim was causal relationship. The claimant claimed to have injured his knee while working. The claimant did not seek treatment until 2 years following the alleged accident, and indicated that he did not seek treatment earlier because he avoids doctors, which raised suspicion for the type of injury being claimed and the typical pain and issues that injury would likely cause an individual. As we reviewed the case further, the history of the accident which was being provided to different physicians, as well as the history provided in claimant’s own testimony, began to create even more inconsistencies, as none of the histories appeared to be the same. In one report the claimant alleged he tripped over an object, in another he alleged he twisted his body when his knee was injured, in another he alleged he was squatting down when he injured his knee, and the inconsistencies continued from there. The diagnoses which claimant had were all diagnoses that could have been caused from other preexisting conditions or by other means, such as running or playing basketball, which were also included in reports from various physicians. The treating physician conceded in cross examination that he was only assuming the claimant’s condition was casually related due to the history provided, and then further conceded that there are many other explanations for which claimant could have these knee conditions which would NOT be work related. The IME doctor was able to maintain their position that the claim is not causally related. We highlighted the inconsistencies in both a memo of law and summations. The Judge ended up finding that the claimant had failed to demonstrate his complaints were causally related to a work injury noting the multiple inconsistencies in the claim. The Judge noted that due to the multiple inconsistencies the claimant’s treating doctor’s opinion on causal relationship was not credible. Additionally, the Judge noted that the fact that the claimant waited two years to treat was not credible. As such the claim was disallowed.',0,'2022-04-05 04:52:36','2022-04-05 04:52:36'),(749,46375,46332,'causally related','The Judge ended up finding that the claimant had failed to demonstrate his complaints were causally related to a work injury noting the multiple inconsistencies in the claim','The Judge ended up finding that the claimant had failed to demonstrate his complaints were <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 a work injury noting the multiple inconsistencies in the claim','The Judge ended up finding that the claimant had failed to demonstrate his complaints were causally related to a work injury noting the multiple inconsistencies in the claim','We highlighted the inconsistencies in both a memo of law and summations. The Judge ended up finding that the claimant had failed to demonstrate his complaints were causally related to a work injury noting the multiple inconsistencies in the claim. The Judge noted that due to the multiple inconsistencies the claimant’s treating doctor’s opinion on causal relationship was not credible.','the left knee. The issue for litigation which ultimately led to a disallowance of the claim was causal relationship. The claimant claimed to have injured his knee while working. The claimant did not seek treatment until 2 years following the alleged accident, and indicated that he did not seek treatment earlier because he avoids doctors, which raised suspicion for the type of injury being claimed and the typical pain and issues that injury would likely cause an individual. As we reviewed the case further, the history of the accident which was being provided to different physicians, as well as the history provided in claimant’s own testimony, began to create even more inconsistencies, as none of the histories appeared to be the same. In one report the claimant alleged he tripped over an object, in another he alleged he twisted his body when his knee was injured, in another he alleged he was squatting down when he injured his knee, and the inconsistencies continued from there. The diagnoses which claimant had were all diagnoses that could have been caused from other preexisting conditions or by other means, such as running or playing basketball, which were also included in reports from various physicians. The treating physician conceded in cross examination that he was only assuming the claimant’s condition was casually related due to the history provided, and then further conceded that there are many other explanations for which claimant could have these knee conditions which would NOT be work related. The IME doctor was able to maintain their position that the claim is not causally related. We highlighted the inconsistencies in both a memo of law and summations. The Judge ended up finding that the claimant had failed to demonstrate his complaints were causally related to a work injury noting the multiple inconsistencies in the claim. The Judge noted that due to the multiple inconsistencies the claimant’s treating doctor’s opinion on causal relationship was not credible. Additionally, the Judge noted that the fact that the claimant waited two years to treat was not credible. As such the claim',0,'2022-04-05 04:52:36','2022-04-05 04:52:36'),(750,46375,46344,'claimant’s treating doctor’s opinion on causal relationship','The Judge noted that due to the multiple inconsistencies the claimant’s treating doctor’s opinion on causal relationship was not credible','The Judge noted that due to the multiple inconsistencies the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/05/the-claimants-burden-proving-the-causal-relationship-of-an-injury/\">claimant’s treating doctor’s opinion on causal relationship</a> was not credible','The Judge noted that due to the multiple inconsistencies the claimant’s treating doctor’s opinion on causal relationship was not credible','The Judge ended up finding that the claimant had failed to demonstrate his complaints were causally related to a work injury noting the multiple inconsistencies in the claim. The Judge noted that due to the multiple inconsistencies the claimant’s treating doctor’s opinion on causal relationship was not credible. Additionally, the Judge noted that the fact that the claimant waited two years to treat was not credible.','the left knee. The issue for litigation which ultimately led to a disallowance of the claim was causal relationship. The claimant claimed to have injured his knee while working. The claimant did not seek treatment until 2 years following the alleged accident, and indicated that he did not seek treatment earlier because he avoids doctors, which raised suspicion for the type of injury being claimed and the typical pain and issues that injury would likely cause an individual. As we reviewed the case further, the history of the accident which was being provided to different physicians, as well as the history provided in claimant’s own testimony, began to create even more inconsistencies, as none of the histories appeared to be the same. In one report the claimant alleged he tripped over an object, in another he alleged he twisted his body when his knee was injured, in another he alleged he was squatting down when he injured his knee, and the inconsistencies continued from there. The diagnoses which claimant had were all diagnoses that could have been caused from other preexisting conditions or by other means, such as running or playing basketball, which were also included in reports from various physicians. The treating physician conceded in cross examination that he was only assuming the claimant’s condition was casually related due to the history provided, and then further conceded that there are many other explanations for which claimant could have these knee conditions which would NOT be work related. The IME doctor was able to maintain their position that the claim is not causally related. We highlighted the inconsistencies in both a memo of law and summations. The Judge ended up finding that the claimant had failed to demonstrate his complaints were causally related to a work injury noting the multiple inconsistencies in the claim. The Judge noted that due to the multiple inconsistencies the claimant’s treating doctor’s opinion on causal relationship was not credible. Additionally, the Judge noted that the fact that the claimant waited two years to treat was not credible.',0,'2022-04-05 04:52:36','2022-04-05 04:52:36'),(751,46375,46338,'causal relationship','The Judge noted that due to the multiple inconsistencies the claimant’s treating doctor’s opinion on causal relationship was not credible','The Judge noted that due to the multiple inconsistencies the claimant’s treating doctor’s opinion on <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/06/third-deparment-decision-disputing-causal-relationship/\">causal relationship</a> was not credible','The Judge noted that due to the multiple inconsistencies the claimant’s treating doctor’s opinion on causal relationship was not credible','The Judge ended up finding that the claimant had failed to demonstrate his complaints were causally related to a work injury noting the multiple inconsistencies in the claim. The Judge noted that due to the multiple inconsistencies the claimant’s treating doctor’s opinion on causal relationship was not credible. Additionally, the Judge noted that the fact that the claimant waited two years to treat was not credible.','the left knee. The issue for litigation which ultimately led to a disallowance of the claim was causal relationship. The claimant claimed to have injured his knee while working. The claimant did not seek treatment until 2 years following the alleged accident, and indicated that he did not seek treatment earlier because he avoids doctors, which raised suspicion for the type of injury being claimed and the typical pain and issues that injury would likely cause an individual. As we reviewed the case further, the history of the accident which was being provided to different physicians, as well as the history provided in claimant’s own testimony, began to create even more inconsistencies, as none of the histories appeared to be the same. In one report the claimant alleged he tripped over an object, in another he alleged he twisted his body when his knee was injured, in another he alleged he was squatting down when he injured his knee, and the inconsistencies continued from there. The diagnoses which claimant had were all diagnoses that could have been caused from other preexisting conditions or by other means, such as running or playing basketball, which were also included in reports from various physicians. The treating physician conceded in cross examination that he was only assuming the claimant’s condition was casually related due to the history provided, and then further conceded that there are many other explanations for which claimant could have these knee conditions which would NOT be work related. The IME doctor was able to maintain their position that the claim is not causally related. We highlighted the inconsistencies in both a memo of law and summations. The Judge ended up finding that the claimant had failed to demonstrate his complaints were causally related to a work injury noting the multiple inconsistencies in the claim. The Judge noted that due to the multiple inconsistencies the claimant’s treating doctor’s opinion on causal relationship was not credible. Additionally, the Judge noted that the fact that the claimant waited two years to treat was not credible.',0,'2022-04-05 04:52:36','2022-04-05 04:52:36'),(752,48023,46421,'workers’ compensation','She is very excited to continue to learn more about workers’ compensation law.','She is very excited to continue to learn more about <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> law.','She is very excited to continue to learn more about workers’ compensation law.','During her time in college, she enjoyed being a member of the Paralegal club, where she and the other club members would help educate the campus on the role of paralegals. She is very excited to continue to learn more about workers’ compensation law.','she enjoyed being a member of the Paralegal club, where she and the other club members would help educate the campus on the role of paralegals. She is very excited to continue to learn more about workers’ compensation law.',0,'2022-04-05 04:52:41','2022-04-05 04:52:41'),(753,48023,46486,'workers’ compensation','She is very excited to continue to learn more about workers’ compensation law.','She is very excited to continue to learn more about <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/08/test-your-ny-workers-compensation-chops/\">workers’ compensation</a> law.','She is very excited to continue to learn more about workers’ compensation law.','During her time in college, she enjoyed being a member of the Paralegal club, where she and the other club members would help educate the campus on the role of paralegals. She is very excited to continue to learn more about workers’ compensation law.','she enjoyed being a member of the Paralegal club, where she and the other club members would help educate the campus on the role of paralegals. She is very excited to continue to learn more about workers’ compensation law.',0,'2022-04-05 04:52:41','2022-04-05 04:52:41'),(754,48023,46512,'workers’ compensation','She is very excited to continue to learn more about workers’ compensation law.','She is very excited to continue to learn more about <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.','She is very excited to continue to learn more about workers’ compensation law.','During her time in college, she enjoyed being a member of the Paralegal club, where she and the other club members would help educate the campus on the role of paralegals. She is very excited to continue to learn more about workers’ compensation law.','she enjoyed being a member of the Paralegal club, where she and the other club members would help educate the campus on the role of paralegals. She is very excited to continue to learn more about workers’ compensation law.',0,'2022-04-05 04:52:41','2022-04-05 04:52:41'),(755,48023,46555,'workers’ compensation','She is very excited to continue to learn more about workers’ compensation law.','She is very excited to continue to learn more about <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.','She is very excited to continue to learn more about workers’ compensation law.','During her time in college, she enjoyed being a member of the Paralegal club, where she and the other club members would help educate the campus on the role of paralegals. She is very excited to continue to learn more about workers’ compensation law.','she enjoyed being a member of the Paralegal club, where she and the other club members would help educate the campus on the role of paralegals. She is very excited to continue to learn more about workers’ compensation law.',0,'2022-04-05 04:52:41','2022-04-05 04:52:41'),(756,46335,46350,'accident and the manner in which it occurred','“The documentary and testimonial evidence presented by the employer as to decedent’s intoxication, the circumstances preceding the accident and the manner in which it occurred sufficiently rebutted the presumption contained in Workers’ Compensation Law § 21(4) and established that decedent’s intoxication was the sole cause of the accident.”','“The documentary and testimonial evidence presented by the employer as to decedent’s intoxication, the circumstances 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 and the manner in which it occurred</a> sufficiently rebutted the presumption contained in Workers’ Compensation Law § 21(4) and established that decedent’s intoxication was the sole cause of the accident.”','“The documentary and testimonial evidence presented by the employer as to decedent’s intoxication, the circumstances preceding the accident and the manner in which it occurred sufficiently rebutted the presumption contained in Workers’ Compensation Law § 21(4) and established that decedent’s intoxication was the sole cause of the accident.”','The Court has upheld this, finding that intoxication may overcome the presumption of §21.  “The documentary and testimonial evidence presented by the employer as to decedent’s intoxication, the circumstances preceding the accident and the manner in which it occurred sufficiently rebutted the presumption contained in Workers’ Compensation Law § 21(4) and established that decedent’s intoxication was the sole cause of the accident.”  Purcell v.','“The documentary and testimonial evidence presented by the employer as to decedent’s intoxication, the circumstances preceding the accident and the manner in which it occurred sufficiently rebutted the presumption contained in Workers’ Compensation Law § 21(4) and established that decedent’s intoxication was the sole cause of the accident.”',0,'2022-04-05 04:52:42','2022-04-05 04:52:42'),(757,46335,46502,'pain control','He also confirmed that the drugs administered by the hospital for pain control wouldn’t flag as any of the illicit substances on the tox screen','He also confirmed that the drugs administered by the hospital 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/\">pain control</a> wouldn’t flag as any of the illicit substances on the tox screen','He also confirmed that the drugs administered by the hospital for pain control wouldn’t flag as any of the illicit substances on the tox screen','We deposed the ED doctor, who confirmed that the positive tox screen was performed on the day of accident and conceded that the drugs shown in the tox screen could cause altered cognition, altered coordination, euphoria, dizziness and altered consciousness.  He also confirmed that the drugs administered by the hospital for pain control wouldn’t flag as any of the illicit substances on the tox screen.  We now had a medical opinion which strongly suggested the claimant was in an altered state at the time of the accident and confirmation that his positive tox screen was taken on the date of the accident and was not, despite the claimant’s attorney claimed, a result of the medications provided by his doctors.','he safety equipment was working.  We still had to overcome the §21 presumption and show that this accident was solely caused by the claimant’s use of controlled substances.  We deposed the ED doctor, who confirmed that the positive tox screen was performed on the day of accident and conceded that the drugs shown in the tox screen could cause altered cognition, altered coordination, euphoria, dizziness and altered consciousness.  He also confirmed that the drugs administered by the hospital for pain control wouldn’t flag as any of the illicit substances on the tox screen.  We now had a medical opinion which strongly suggested the claimant was in an altered state at the time of the accident and confirmation that his positive tox screen',0,'2022-04-05 04:52:42','2022-04-05 04:52:42'),(758,46335,46342,'medical opinion','We now had a medical opinion which strongly suggested the claimant was in an altered state at the time of the accident and confirmation that his positive tox screen was taken on the date of the accident and was not, despite the claimant’s attorney claimed, a result of the medications provided by his doctors','We now had 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 opinion</a> which strongly suggested the claimant was in an altered state at the time of the accident and confirmation that his positive tox screen was taken on the date of the accident and was not, despite the claimant’s attorney claimed, a result of the medications provided by his doctors','We now had a medical opinion which strongly suggested the claimant was in an altered state at the time of the accident and confirmation that his positive tox screen was taken on the date of the accident and was not, despite the claimant’s attorney claimed, a result of the medications provided by his doctors','He also confirmed that the drugs administered by the hospital for pain control wouldn’t flag as any of the illicit substances on the tox screen.  We now had a medical opinion which strongly suggested the claimant was in an altered state at the time of the accident and confirmation that his positive tox screen was taken on the date of the accident and was not, despite the claimant’s attorney claimed, a result of the medications provided by his doctors.','we had a positive drug screen and a seething employer ready to testify that the safety equipment was working.  We still had to overcome the §21 presumption and show that this accident was solely caused by the claimant’s use of controlled substances.  We deposed the ED doctor, who confirmed that the positive tox screen was performed on the day of accident and conceded that the drugs shown in the tox screen could cause altered cognition, altered coordination, euphoria, dizziness and altered consciousness.  He also confirmed that the drugs administered by the hospital for pain control wouldn’t flag as any of the illicit substances on the tox screen.  We now had a medical opinion which strongly suggested the claimant was in an altered state at the time of the accident and confirmation that his positive tox screen was taken on the date of the accident and was not, despite the claimant’s attorney claimed, a result of the medications provided by his doctors.',0,'2022-04-05 04:52:42','2022-04-05 04:52:42'),(759,46335,46549,'claimant was in an altered state','We now had a medical opinion which strongly suggested the claimant was in an altered state at the time of the accident and confirmation that his positive tox screen was taken on the date of the accident and was not, despite the claimant’s attorney claimed, a result of the medications provided by his doctors','We now had a medical opinion which strongly suggested 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 in an altered state</a> at the time of the accident and confirmation that his positive tox screen was taken on the date of the accident and was not, despite the claimant’s attorney claimed, a result of the medications provided by his doctors','We now had a medical opinion which strongly suggested the claimant was in an altered state at the time of the accident and confirmation that his positive tox screen was taken on the date of the accident and was not, despite the claimant’s attorney claimed, a result of the medications provided by his doctors','He also confirmed that the drugs administered by the hospital for pain control wouldn’t flag as any of the illicit substances on the tox screen.  We now had a medical opinion which strongly suggested the claimant was in an altered state at the time of the accident and confirmation that his positive tox screen was taken on the date of the accident and was not, despite the claimant’s attorney claimed, a result of the medications provided by his doctors.','we had a positive drug screen and a seething employer ready to testify that the safety equipment was working.  We still had to overcome the §21 presumption and show that this accident was solely caused by the claimant’s use of controlled substances.  We deposed the ED doctor, who confirmed that the positive tox screen was performed on the day of accident and conceded that the drugs shown in the tox screen could cause altered cognition, altered coordination, euphoria, dizziness and altered consciousness.  He also confirmed that the drugs administered by the hospital for pain control wouldn’t flag as any of the illicit substances on the tox screen.  We now had a medical opinion which strongly suggested the claimant was in an altered state at the time of the accident and confirmation that his positive tox screen was taken on the date of the accident and was not, despite the claimant’s attorney claimed, a result of the medications provided by his doctors.',0,'2022-04-05 04:52:42','2022-04-05 04:52:42'),(760,46335,46422,'applied if the claimant','While talking to him, we focused heavily on the usual safety requirements and how they worked to make sure that we had a solid understanding of what precautions would have applied if the claimant had properly used his safety gear','While talking to him, we focused heavily on the usual safety requirements and how they worked to make sure that we had a solid understanding of what precautions would have <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/\">applied if the claimant</a> had properly used his safety gear','While talking to him, we focused heavily on the usual safety requirements and how they worked to make sure that we had a solid understanding of what precautions would have applied if the claimant had properly used his safety gear','We reached out to the employer witness, who was the owner of the company, to prepare him to testify.  While talking to him, we focused heavily on the usual safety requirements and how they worked to make sure that we had a solid understanding of what precautions would have applied if the claimant had properly used his safety gear. We even had the employer hop into a set of gear himself and send us pictures so we understood what each piece of gear was and how it worked! ','While talking to him, we focused heavily on the usual safety requirements and how they worked to make sure that we had a solid understanding of what precautions would have applied if the claimant had properly used his safety gear. We even had the employer hop into a set of gear himself and send us pictures so we understood what each piece of gear was and how it worked!  We built a timeline to make it clear to the judge that the safety gear was checked by our witness two days prior to the accident, checked by the injured worker himself on the day of the accident before he went up the tower, and checked by our witness after the accident before it was confiscated by OSHA as part of their investigation.  We also made sure our witness understood why this timeline was so important, and why we needed the judge to conclude that the safety gear',0,'2022-04-05 04:52:42','2022-04-05 04:52:42'),(761,46335,46561,'testified that while kneeling over the claimant','Then, in a coup de grâce, he testified that while kneeling over the claimant on the ground, he looked up and saw the safety gear still properly attached to the tower','Then, in a coup de grâce, he <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/\">testified that while kneeling over the claimant</a> on the ground, he looked up and saw the safety gear still properly attached to the tower','Then, in a coup de grâce, he testified that while kneeling over the claimant on the ground, he looked up and saw the safety gear still properly attached to the tower','He explained that if the claimant had properly used his safety gear, he would only have fallen about 9 inches.  Then, in a coup de grâce, he testified that while kneeling over the claimant on the ground, he looked up and saw the safety gear still properly attached to the tower.  He confirmed that he had personally checked it before OSHA took it, and it worked perfectly. ','Then, in a coup de grâce, he testified that while kneeling over the claimant on the ground, he looked up and saw the safety gear still properly attached to the tower.',0,'2022-04-05 04:52:42','2022-04-05 04:52:42'),(762,46148,46511,'employed by claimant’s counsel','This experience has given him unique insight into the strategies employed by claimant’s counsel, and into the way matters and issues are approached and adjudicated by the board','This experience has given him unique insight into the strategies <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/\">employed by claimant’s counsel</a>, and into the way matters and issues are approached and adjudicated by the board','This experience has given him unique insight into the strategies employed by claimant’s counsel, and into the way matters and issues are approached and adjudicated by the board','Day, Paul successfully represented claimants for seventeen years, handling thousands of cases involving every aspect of New York Workers’ Compensation Law. This experience has given him unique insight into the strategies employed by claimant’s counsel, and into the way matters and issues are approached and adjudicated by the board. Paul has a great understanding of the legal and medical requirements necessary to form winning arguments.','This experience has given him unique insight into the strategies employed by claimant’s counsel, and into the way matters and issues are approached and adjudicated by the board.',0,'2022-04-05 04:52:43','2022-04-05 04:52:43'),(763,46148,46504,'earned his law','He earned his law degree from the University of Toledo','He <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/11/the-law-offices-of-melissa-a-day-pllc-won-a-finding-of-a-0-loss-of-wage-earning-capacity/\">earned his law</a> degree from the University of Toledo','He earned his law degree from the University of Toledo','He earned bachelor\'s degrees from SUNY at Fredonia and SUNY at Buffalo. He earned his law degree from the University of Toledo.','he western New York area. He earned bachelor\'s degrees from SUNY at Fredonia and SUNY at Buffalo. He earned his law degree from the University of Toledo.',0,'2022-04-05 04:52:43','2022-04-05 04:52:43'),(764,46347,46512,'– including','and “compromised” for a variety of reasons – including that they are not “hands-on” with regard to testing for muscle spasm/tension during range of motion measurements, etc','and “compromised” for a variety of reasons <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/\">– including</a> that they are not “hands-on” with regard to testing for muscle spasm/tension during range of motion measurements, etc','and “compromised” for a variety of reasons – including that they are not “hands-on” with regard to testing for muscle spasm/tension during range of motion measurements, etc','telemedicine visits are less credible than in- person visits,  and “compromised” for a variety of reasons – including that they are not “hands-on” with regard to testing for muscle spasm/tension during range of motion measurements, etc.','andled a claim in which we were attempting to get a finding of 50% degree of disability with regard to temporary rates in the record. Our IME had given an opinion of 50% based on her examination, but the treating physician had consistently opined 100%.   We deposed the treating provider, who testified that his recent examinations were done through telemedicine, and that he was able to view the claimant sufficiently  in order to make determinations for his exam report. We were ultimately able to get the treating physician to concede that  telemedicine visits are less credible than in- person visits,  and “compromised” for a variety of reasons – including that they are not “hands-on” with regard to testing for muscle spasm/tension during range of motion measurements, etc.',0,'2022-04-05 05:06:54','2022-04-05 05:06:54'),(765,46555,46376,'law enforcement officers','2.) The Claimant appears to have a viable claim against the United States as an“employee” pursuant to a provision of FECA that allows for such claims by law enforcement officers who are not employees of the United States:','2.) The Claimant appears to have a viable claim against the United States as an“employee” pursuant to a provision of FECA that allows for such claims by <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/\">law enforcement officers</a> who are not employees of the United States:','2.) The Claimant appears to have a viable claim against the United States as an“employee” pursuant to a provision of FECA that allows for such claims by law enforcement officers who are not employees of the United States:','2.) The Claimant appears to have a viable claim against the United States as an“employee” pursuant to a provision of FECA that allows for such claims by law enforcement officers who are not employees of the United States:','2.) The Claimant appears to have a viable claim against the United States as an“employee” pursuant to a provision of FECA that allows for such claims by law enforcement officers who are not employees of the United States',0,'2022-04-05 05:06:55','2022-04-05 05:06:55'),(766,46555,46376,'law enforcement officer','(1) a law enforcement officer and to have been engaged on that occasion in the apprehension or attempted apprehension of any person–','(1) a <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/\">law enforcement officer</a> and to have been engaged on that occasion in the apprehension or attempted apprehension of any person–','(1) a law enforcement officer and to have been engaged on that occasion in the apprehension or attempted apprehension of any person–','(1) a law enforcement officer and to have been engaged on that occasion in the apprehension or attempted apprehension of any person–','1) a law enforcement officer and to have been engaged on that occasion in the apprehension or attempted apprehension of any person–',0,'2022-04-05 05:06:55','2022-04-05 05:06:55'),(767,46555,46376,'law enforcement officers','The purpose for enacting section 8191 was to provide such injured local law enforcement officers with the same benefits as are available to federal employees under the Federal Employees Compensation Act…A companion section, 5U.S.C','The purpose for enacting section 8191 was to provide such injured local <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/\">law enforcement officers</a> with the same benefits as are available to federal employees under the Federal Employees Compensation Act…A companion section, 5U.S.C','The purpose for enacting section 8191 was to provide such injured local law enforcement officers with the same benefits as are available to federal employees under the Federal Employees Compensation Act…A companion section, 5U.S.C','§8191,which extended the benefits of the Federal Employees Compensation Act to state and local law enforcement officers who are injured while engaged in the apprehension of persons committing federal crimes. The purpose for enacting section 8191 was to provide such injured local law enforcement officers with the same benefits as are available to federal employees under the Federal Employees Compensation Act…A companion section, 5U.S.C. § 8192, provides that the benefits received should be reduced by the amount of benefits paid by state or local governmental sources, including workmen’s compensation benefits.','The benefits of this subchapter are available as provided in this subchapter to eligible law enforcement officers (referred to in this subchapter as “eligible officers”) and their survivors. For the purposes of this subchapter, an eligible officer is any person who is determined by the Secretary of Labor in his discretion to have been on any given occ',0,'2022-04-05 05:06:55','2022-04-05 05:06:55'),(768,46555,46377,'law enforcement officers','2.) The Claimant appears to have a viable claim against the United States as an“employee” pursuant to a provision of FECA that allows for such claims by law enforcement officers who are not employees of the United States:','2.) The Claimant appears to have a viable claim against the United States as an“employee” pursuant to a provision of FECA that allows for such claims by <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/\">law enforcement officers</a> who are not employees of the United States:','2.) The Claimant appears to have a viable claim against the United States as an“employee” pursuant to a provision of FECA that allows for such claims by law enforcement officers who are not employees of the United States:','2.) The Claimant appears to have a viable claim against the United States as an“employee” pursuant to a provision of FECA that allows for such claims by law enforcement officers who are not employees of the United States:','2.) The Claimant appears to have a viable claim against the United States as an“employee” pursuant to a provision of FECA that allows for such claims by law enforcement officers who are not employees of the United States',0,'2022-04-05 05:06:55','2022-04-05 05:06:55'),(769,46555,46377,'law enforcement officer','(1) a law enforcement officer and to have been engaged on that occasion in the apprehension or attempted apprehension of any person–','(1) a <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/\">law enforcement officer</a> and to have been engaged on that occasion in the apprehension or attempted apprehension of any person–','(1) a law enforcement officer and to have been engaged on that occasion in the apprehension or attempted apprehension of any person–','(1) a law enforcement officer and to have been engaged on that occasion in the apprehension or attempted apprehension of any person–','1) a law enforcement officer and to have been engaged on that occasion in the apprehension or attempted apprehension of any person–',0,'2022-04-05 05:06:55','2022-04-05 05:06:55'),(770,46555,46377,'law enforcement officers','The purpose for enacting section 8191 was to provide such injured local law enforcement officers with the same benefits as are available to federal employees under the Federal Employees Compensation Act…A companion section, 5U.S.C','The purpose for enacting section 8191 was to provide such injured local <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/\">law enforcement officers</a> with the same benefits as are available to federal employees under the Federal Employees Compensation Act…A companion section, 5U.S.C','The purpose for enacting section 8191 was to provide such injured local law enforcement officers with the same benefits as are available to federal employees under the Federal Employees Compensation Act…A companion section, 5U.S.C','§8191,which extended the benefits of the Federal Employees Compensation Act to state and local law enforcement officers who are injured while engaged in the apprehension of persons committing federal crimes. The purpose for enacting section 8191 was to provide such injured local law enforcement officers with the same benefits as are available to federal employees under the Federal Employees Compensation Act…A companion section, 5U.S.C. § 8192, provides that the benefits received should be reduced by the amount of benefits paid by state or local governmental sources, including workmen’s compensation benefits.','The benefits of this subchapter are available as provided in this subchapter to eligible law enforcement officers (referred to in this subchapter as “eligible officers”) and their survivors. For the purposes of this subchapter, an eligible officer is any person who is determined by the Secretary of Labor in his discretion to have been on any given occ',0,'2022-04-05 05:06:55','2022-04-05 05:06:55'),(771,46555,46504,'law enforcement officers','2.) The Claimant appears to have a viable claim against the United States as an“employee” pursuant to a provision of FECA that allows for such claims by law enforcement officers who are not employees of the United States:','2.) The Claimant appears to have a viable claim against the United States as an“employee” pursuant to a provision of FECA that allows for such claims by <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/\">law enforcement officers</a> who are not employees of the United States:','2.) The Claimant appears to have a viable claim against the United States as an“employee” pursuant to a provision of FECA that allows for such claims by law enforcement officers who are not employees of the United States:','2.) The Claimant appears to have a viable claim against the United States as an“employee” pursuant to a provision of FECA that allows for such claims by law enforcement officers who are not employees of the United States:','2.) The Claimant appears to have a viable claim against the United States as an“employee” pursuant to a provision of FECA that allows for such claims by law enforcement officers who are not employees of the United States',0,'2022-04-05 05:06:55','2022-04-05 05:06:55'),(772,46555,46504,'law enforcement officer','(1) a law enforcement officer and to have been engaged on that occasion in the apprehension or attempted apprehension of any person–','(1) a <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/\">law enforcement officer</a> and to have been engaged on that occasion in the apprehension or attempted apprehension of any person–','(1) a law enforcement officer and to have been engaged on that occasion in the apprehension or attempted apprehension of any person–','(1) a law enforcement officer and to have been engaged on that occasion in the apprehension or attempted apprehension of any person–','1) a law enforcement officer and to have been engaged on that occasion in the apprehension or attempted apprehension of any person–',0,'2022-04-05 05:06:55','2022-04-05 05:06:55'),(773,46555,46504,'law enforcement officers','The purpose for enacting section 8191 was to provide such injured local law enforcement officers with the same benefits as are available to federal employees under the Federal Employees Compensation Act…A companion section, 5U.S.C','The purpose for enacting section 8191 was to provide such injured local <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/\">law enforcement officers</a> with the same benefits as are available to federal employees under the Federal Employees Compensation Act…A companion section, 5U.S.C','The purpose for enacting section 8191 was to provide such injured local law enforcement officers with the same benefits as are available to federal employees under the Federal Employees Compensation Act…A companion section, 5U.S.C','§8191,which extended the benefits of the Federal Employees Compensation Act to state and local law enforcement officers who are injured while engaged in the apprehension of persons committing federal crimes. The purpose for enacting section 8191 was to provide such injured local law enforcement officers with the same benefits as are available to federal employees under the Federal Employees Compensation Act…A companion section, 5U.S.C. § 8192, provides that the benefits received should be reduced by the amount of benefits paid by state or local governmental sources, including workmen’s compensation benefits.','The benefits of this subchapter are available as provided in this subchapter to eligible law enforcement officers (referred to in this subchapter as “eligible officers”) and their survivors. For the purposes of this subchapter, an eligible officer is any person who is determined by the Secretary of Labor in his discretion to have been on any given occ',0,'2022-04-05 05:06:55','2022-04-05 05:06:55'),(774,46555,48276,'law enforcement officers','2.) The Claimant appears to have a viable claim against the United States as an“employee” pursuant to a provision of FECA that allows for such claims by law enforcement officers who are not employees of the United States:','2.) The Claimant appears to have a viable claim against the United States as an“employee” pursuant to a provision of FECA that allows for such claims by <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/amherst-workers-compensation-defense-law-office/\">law enforcement officers</a> who are not employees of the United States:','2.) The Claimant appears to have a viable claim against the United States as an“employee” pursuant to a provision of FECA that allows for such claims by law enforcement officers who are not employees of the United States:','2.) The Claimant appears to have a viable claim against the United States as an“employee” pursuant to a provision of FECA that allows for such claims by law enforcement officers who are not employees of the United States:','2.) The Claimant appears to have a viable claim against the United States as an“employee” pursuant to a provision of FECA that allows for such claims by law enforcement officers who are not employees of the United States',0,'2022-04-05 05:06:55','2022-04-05 05:06:55'),(775,46555,48276,'law enforcement officer','(1) a law enforcement officer and to have been engaged on that occasion in the apprehension or attempted apprehension of any person–','(1) a <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/amherst-workers-compensation-defense-law-office/\">law enforcement officer</a> and to have been engaged on that occasion in the apprehension or attempted apprehension of any person–','(1) a law enforcement officer and to have been engaged on that occasion in the apprehension or attempted apprehension of any person–','(1) a law enforcement officer and to have been engaged on that occasion in the apprehension or attempted apprehension of any person–','1) a law enforcement officer and to have been engaged on that occasion in the apprehension or attempted apprehension of any person–',0,'2022-04-05 05:06:55','2022-04-05 05:06:55'),(776,46555,46371,'claimant to 312 weeks of benefits,','For example, under FECA, compensation for loss of an arm entitles a claimant to 312 weeks of benefits, identical to NY’s schedule for an arm','For example, under FECA, compensation for loss of an arm entitles a <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 to 312 weeks of benefits,</a> identical to NY’s schedule for an arm','For example, under FECA, compensation for loss of an arm entitles a claimant to 312 weeks of benefits, identical to NY’s schedule for an arm','FECA has a Compensation Schedule similar to NY’s schedule loss of use provisions. For example, under FECA, compensation for loss of an arm entitles a claimant to 312 weeks of benefits, identical to NY’s schedule for an arm. It does not appear that there is a maximum on the weekly benefit under FECA like there is in NY.','for the Claimant if he could recover greater benefits under FECA then he has under NY Compensation Law. FECA has a Compensation Schedule similar to NY’s schedule loss of use provisions. For example, under FECA, compensation for loss of an arm entitles a claimant to 312 weeks of benefits, identical to NY’s schedule for an arm.',0,'2022-04-05 05:06:55','2022-04-05 05:06:55'),(777,46555,46371,'benefits received','§ 8192, provides that the benefits received should be reduced by the amount of benefits paid by state or local governmental sources, including workmen’s compensation benefits','§ 8192, provides 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/\">benefits received</a> should be reduced by the amount of benefits paid by state or local governmental sources, including workmen’s compensation benefits','§ 8192, provides that the benefits received should be reduced by the amount of benefits paid by state or local governmental sources, including workmen’s compensation benefits','The purpose for enacting section 8191 was to provide such injured local law enforcement officers with the same benefits as are available to federal employees under the Federal Employees Compensation Act…A companion section, 5U.S.C. § 8192, provides that the benefits received should be reduced by the amount of benefits paid by state or local governmental sources, including workmen’s compensation benefits. 5 U.S.C.','§8191,which extended the benefits of the Federal Employees Compensation Act to state and local law enforcement officers who are injured while engaged in the apprehension of persons committing federal crimes. The purpose for enacting section 8191 was to provide such injured local law enforcement officers with the same benefits as are available to federal employees under the Federal Employees Compensation Act…A companion section, 5U.S.C. § 8192, provides that the benefits received should be reduced by the amount of benefits paid by state or local governmental sources, including workmen’s compensation benefits.',0,'2022-04-05 05:06:55','2022-04-05 05:06:55'),(778,46555,46512,'including workmen’s compensation','§ 8192, provides that the benefits received should be reduced by the amount of benefits paid by state or local governmental sources, including workmen’s compensation benefits','§ 8192, provides that the benefits received should be reduced by the amount of benefits paid by state or local governmental sources, <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/\">including workmen’s compensation</a> benefits','§ 8192, provides that the benefits received should be reduced by the amount of benefits paid by state or local governmental sources, including workmen’s compensation benefits','The purpose for enacting section 8191 was to provide such injured local law enforcement officers with the same benefits as are available to federal employees under the Federal Employees Compensation Act…A companion section, 5U.S.C. § 8192, provides that the benefits received should be reduced by the amount of benefits paid by state or local governmental sources, including workmen’s compensation benefits. 5 U.S.C.','§8191,which extended the benefits of the Federal Employees Compensation Act to state and local law enforcement officers who are injured while engaged in the apprehension of persons committing federal crimes. The purpose for enacting section 8191 was to provide such injured local law enforcement officers with the same benefits as are available to federal employees under the Federal Employees Compensation Act…A companion section, 5U.S.C. § 8192, provides that the benefits received should be reduced by the amount of benefits paid by state or local governmental sources, including workmen’s compensation benefits.',0,'2022-04-05 05:06:55','2022-04-05 05:06:55'),(779,46555,46511,'employer could bring a claim','In the City of Whittier, the 9th Circuit found that the City could not bring a Federal Tort Claims Act against the United States because FECA is the exclusive remedy, and therefore “any possible claims of the City must be brought under that Act.” Hence, the Court envisioned that the employer could bring a claim against the United States under FECA','In the City of Whittier, the 9th Circuit found that the City could not bring a Federal Tort Claims Act against the United States because FECA is the exclusive remedy, and therefore “any possible claims of the City must be brought under that Act.” Hence, the Court envisioned 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/\">employer could bring a claim</a> against the United States under FECA','In the City of Whittier, the 9th Circuit found that the City could not bring a Federal Tort Claims Act against the United States because FECA is the exclusive remedy, and therefore “any possible claims of the City must be brought under that Act.” Hence, the Court envisioned that the employer could bring a claim against the United States under FECA','In the City of Whittier, the 9th Circuit found that the City could not bring a Federal Tort Claims Act against the United States because FECA is the exclusive remedy, and therefore “any possible claims of the City must be brought under that Act.” Hence, the Court envisioned that the employer could bring a claim against the United States under FECA.','In the City of Whittier, the 9th Circuit found that the City could not bring a Federal Tort Claims Act against the United States because FECA is the exclusive remedy, and therefore “any possible claims of the City must be brought under that Act.” Hence, the Court envisioned that the employer could bring a claim against the United States under FECA.',0,'2022-04-05 05:06:55','2022-04-05 05:06:55'),(780,46555,46546,'employer could bring a claim','In the City of Whittier, the 9th Circuit found that the City could not bring a Federal Tort Claims Act against the United States because FECA is the exclusive remedy, and therefore “any possible claims of the City must be brought under that Act.” Hence, the Court envisioned that the employer could bring a claim against the United States under FECA','In the City of Whittier, the 9th Circuit found that the City could not bring a Federal Tort Claims Act against the United States because FECA is the exclusive remedy, and therefore “any possible claims of the City must be brought under that Act.” Hence, the Court envisioned that 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/\">employer could bring a claim</a> against the United States under FECA','In the City of Whittier, the 9th Circuit found that the City could not bring a Federal Tort Claims Act against the United States because FECA is the exclusive remedy, and therefore “any possible claims of the City must be brought under that Act.” Hence, the Court envisioned that the employer could bring a claim against the United States under FECA','In the City of Whittier, the 9th Circuit found that the City could not bring a Federal Tort Claims Act against the United States because FECA is the exclusive remedy, and therefore “any possible claims of the City must be brought under that Act.” Hence, the Court envisioned that the employer could bring a claim against the United States under FECA.','In the City of Whittier, the 9th Circuit found that the City could not bring a Federal Tort Claims Act against the United States because FECA is the exclusive remedy, and therefore “any possible claims of the City must be brought under that Act.” Hence, the Court envisioned that the employer could bring a claim against the United States under FECA.',0,'2022-04-05 05:06:55','2022-04-05 05:06:55'),(781,46555,46329,'schedule loss','FECA has a Compensation Schedule similar to NY’s schedule loss of use provisions','FECA has a Compensation Schedule similar to NY’s <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 provisions','FECA has a Compensation Schedule similar to NY’s schedule loss of use provisions','Other thoughts – Such an action might make sense for the Claimant if he could recover greater benefits under FECA then he has under NY Compensation Law. FECA has a Compensation Schedule similar to NY’s schedule loss of use provisions. For example, under FECA, compensation for loss of an arm entitles a claimant to 312 weeks of benefits, identical to NY’s schedule for an arm.','FECA then he has under NY Compensation Law. FECA has a Compensation Schedule similar to NY’s schedule loss of use provisions.',0,'2022-04-05 05:06:55','2022-04-05 05:06:55'),(782,46555,46415,'schedule loss','FECA has a Compensation Schedule similar to NY’s schedule loss of use provisions','FECA has a Compensation Schedule similar to NY’s <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2018/03/schedule-loss-of-use-awards-grrrrrrrrr/\">schedule loss</a> of use provisions','FECA has a Compensation Schedule similar to NY’s schedule loss of use provisions','Other thoughts – Such an action might make sense for the Claimant if he could recover greater benefits under FECA then he has under NY Compensation Law. FECA has a Compensation Schedule similar to NY’s schedule loss of use provisions. For example, under FECA, compensation for loss of an arm entitles a claimant to 312 weeks of benefits, identical to NY’s schedule for an arm.','FECA then he has under NY Compensation Law. FECA has a Compensation Schedule similar to NY’s schedule loss of use provisions.',0,'2022-04-05 05:06:55','2022-04-05 05:06:55'),(783,46555,46387,'compensation for loss','For example, under FECA, compensation for loss of an arm entitles a claimant to 312 weeks of benefits, identical to NY’s schedule for an arm','For example, under FECA, <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/\">compensation for loss</a> of an arm entitles a claimant to 312 weeks of benefits, identical to NY’s schedule for an arm','For example, under FECA, compensation for loss of an arm entitles a claimant to 312 weeks of benefits, identical to NY’s schedule for an arm','FECA has a Compensation Schedule similar to NY’s schedule loss of use provisions. For example, under FECA, compensation for loss of an arm entitles a claimant to 312 weeks of benefits, identical to NY’s schedule for an arm. It does not appear that there is a maximum on the weekly benefit under FECA like there is in NY.','for the Claimant if he could recover greater benefits under FECA then he has under NY Compensation Law. FECA has a Compensation Schedule similar to NY’s schedule loss of use provisions. For example, under FECA, compensation for loss of an arm entitles a claimant to 312 weeks of benefits, identical to NY’s schedule for an arm.',0,'2022-04-05 05:06:55','2022-04-05 05:06:55'),(784,46555,46374,'loss of an arm entitles a claimant','For example, under FECA, compensation for loss of an arm entitles a claimant to 312 weeks of benefits, identical to NY’s schedule for an arm','For example, under FECA, compensation for <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/\">loss of an arm entitles a claimant</a> to 312 weeks of benefits, identical to NY’s schedule for an arm','For example, under FECA, compensation for loss of an arm entitles a claimant to 312 weeks of benefits, identical to NY’s schedule for an arm','FECA has a Compensation Schedule similar to NY’s schedule loss of use provisions. For example, under FECA, compensation for loss of an arm entitles a claimant to 312 weeks of benefits, identical to NY’s schedule for an arm. It does not appear that there is a maximum on the weekly benefit under FECA like there is in NY.','for the Claimant if he could recover greater benefits under FECA then he has under NY Compensation Law. FECA has a Compensation Schedule similar to NY’s schedule loss of use provisions. For example, under FECA, compensation for loss of an arm entitles a claimant to 312 weeks of benefits, identical to NY’s schedule for an arm.',0,'2022-04-05 05:06:55','2022-04-05 05:06:55'),(785,46504,46342,'unanimous medical','Day argued that the credible and unanimous medical evidence indicated that the claimant’s injuries did not prevent him from returning to his pre-injury work duties, and he was, in fact, earning more income after the accident than he was before','Day argued that the credible and <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/\">unanimous medical</a> evidence indicated that the claimant’s injuries did not prevent him from returning to his pre-injury work duties, and he was, in fact, earning more income after the accident than he was before','Day argued that the credible and unanimous medical evidence indicated that the claimant’s injuries did not prevent him from returning to his pre-injury work duties, and he was, in fact, earning more income after the accident than he was before','On appeal, The Law Office of Melissa A. Day argued that the credible and unanimous medical evidence indicated that the claimant’s injuries did not prevent him from returning to his pre-injury work duties, and he was, in fact, earning more income after the accident than he was before. It was further argued that the 35% LWEC was by default an “arbitrary and capricious” ruling insofar as the Board has failed to provide any rational method for converting the severity of the medical impairment and the vocational factors of any one claimant into a percent loss of wage earning capacity.','Day argued that the credible and unanimous medical evidence indicated that the claimant’s injuries did not prevent him from returning to his pre-injury work duties, and he was, in fact, earning more income after the accident than he was before.',0,'2022-04-05 05:06:56','2022-04-05 05:06:56'),(786,46504,46340,'medical evidence','Day argued that the credible and unanimous medical evidence indicated that the claimant’s injuries did not prevent him from returning to his pre-injury work duties, and he was, in fact, earning more income after the accident than he was before','Day argued that the credible and unanimous <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> indicated that the claimant’s injuries did not prevent him from returning to his pre-injury work duties, and he was, in fact, earning more income after the accident than he was before','Day argued that the credible and unanimous medical evidence indicated that the claimant’s injuries did not prevent him from returning to his pre-injury work duties, and he was, in fact, earning more income after the accident than he was before','On appeal, The Law Office of Melissa A. Day argued that the credible and unanimous medical evidence indicated that the claimant’s injuries did not prevent him from returning to his pre-injury work duties, and he was, in fact, earning more income after the accident than he was before. It was further argued that the 35% LWEC was by default an “arbitrary and capricious” ruling insofar as the Board has failed to provide any rational method for converting the severity of the medical impairment and the vocational factors of any one claimant into a percent loss of wage earning capacity.','Day argued that the credible and unanimous medical evidence indicated that the claimant’s injuries did not prevent him from returning to his pre-injury work duties, and he was, in fact, earning more income after the accident than he was before.',0,'2022-04-05 05:06:56','2022-04-05 05:06:56'),(787,46504,46344,'claimant’s injuries','Day argued that the credible and unanimous medical evidence indicated that the claimant’s injuries did not prevent him from returning to his pre-injury work duties, and he was, in fact, earning more income after the accident than he was before','Day argued that the credible and unanimous medical evidence indicated that the <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/\">claimant’s injuries</a> did not prevent him from returning to his pre-injury work duties, and he was, in fact, earning more income after the accident than he was before','Day argued that the credible and unanimous medical evidence indicated that the claimant’s injuries did not prevent him from returning to his pre-injury work duties, and he was, in fact, earning more income after the accident than he was before','On appeal, The Law Office of Melissa A. Day argued that the credible and unanimous medical evidence indicated that the claimant’s injuries did not prevent him from returning to his pre-injury work duties, and he was, in fact, earning more income after the accident than he was before. It was further argued that the 35% LWEC was by default an “arbitrary and capricious” ruling insofar as the Board has failed to provide any rational method for converting the severity of the medical impairment and the vocational factors of any one claimant into a percent loss of wage earning capacity.','Day argued that the credible and unanimous medical evidence indicated that the claimant’s injuries did not prevent him from returning to his pre-injury work duties, and he was, in fact, earning more income after the accident than he was before.',0,'2022-04-05 05:06:56','2022-04-05 05:06:56'),(788,46445,46340,'medical evidence','However, it was found that the 2007 reforms were not intended to change the Board’s reliance on the claimant’s actual earnings or degree of physical impairment as supported by the medical evidence to determine wage earning capacity for the purposes of WCL 15 (5) (a)','However, it was found that the 2007 reforms were not intended to change the Board’s reliance on the claimant’s actual earnings or degree of physical impairment as supported by 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> to determine wage earning capacity for the purposes of WCL 15 (5) (a)','However, it was found that the 2007 reforms were not intended to change the Board’s reliance on the claimant’s actual earnings or degree of physical impairment as supported by the medical evidence to determine wage earning capacity for the purposes of WCL 15 (5) (a)','In Matter of Canales the claimant argued that her vocational factors should have been considered in combination with her medical impairment to determine the compensation rate for her temporary disability and as such would have rendered her unemployable. However, it was found that the 2007 reforms were not intended to change the Board’s reliance on the claimant’s actual earnings or degree of physical impairment as supported by the medical evidence to determine wage earning capacity for the purposes of WCL 15 (5) (a). In fact, the phrase “loss of wage earning capacity” was added to WCL §15(3)(w) with the specific intention to establish a new duration limit on non-schedule permanent partial disability benefits and was therefore relevant only to the determination of the duration of permanent partial disability benefits at the time of classification.','However, it was found that the 2007 reforms were not intended to change the Board’s reliance on the claimant’s actual earnings or degree of physical impairment as supported by the medical evidence to determine wage earning capacity for the purposes of WCL 15 (5) (a). In fact, the phrase “loss of wage earning capacity” was added to WCL §15(3)(w) with the specific intention to establish a new duration limit on non-schedule permanent partial disability benefits and was therefore relevant only to the determination of the duration of permanent partial disability benefits at the time of classification. Thus, vocational and functional factors should not be considered to determine the compensation rate for temporary disability. Matter of <em>Canales v. Pinnacle Foods Group LLC</em>, 117 A.',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(789,46445,46504,'loss of wage earning capacity','However, it is well established that vocational factors are considered to determine loss of wage earning capacity in PPD claimants','However, it is well established that vocational factors are considered to determine <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/\">loss of wage earning capacity</a> in PPD claimants','However, it is well established that vocational factors are considered to determine loss of wage earning capacity in PPD claimants','However, it is well established that vocational factors are considered to determine loss of wage earning capacity in PPD claimants. What is less clear is the difference between claimants that returned to work and is consequently earning wages and claimants that did not return to work at the time of the classification.','However, it is well established that vocational factors are considered to determine loss of wage earning capacity in PPD claimants. What is less clear is the difference between claimants that returned to work and is consequently earning wages and claimants',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(790,46445,46504,'loss of wage earning capacity','to determine the loss of wage earning capacity','to determine the <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/\">loss of wage earning capacity</a>','to determine the loss of wage earning capacity','In Matter Weinhart v Motors Holding, 245 A.D.2d 577 (1997) The Board considers the nature and degree of the claimant’s disability, vocational opportunities and corresponding salaries available to the claimant, the claimant’s work restrictions etc. to determine the loss of wage earning capacity. Thus, for the non-working claimant vocational factors are considered to determine the loss of wage earning capacity and consequentially the wage earning capacity to calculate the weekly rate.','tors should have been considered in combination with her medical impairment to determine the compensation rate for her temporary disability and as such would have rendered her unemployable. However, it was found that the 2007 reforms were not intended to change the Board’s reliance on the claimant’s actual earnings or degree of physical impairment as supported by the medical evidence to determine wage earning capacity for the purposes of WCL 15 (5) (a). In fact, the phrase “loss of wage earning capacity” was added to WCL §15(3)(w) with the specific intention to establish a new duration limit on non-schedule permanent partial disability benefits and was therefore relevant only to the determination of the duration of permanent partial disability benefits at the time of classification. Thus, vocational and functional factors should not be considered to determine the compensation rate for temporary disability. Matter of <em>Canales v. Pinnacle Foods Group LLC</em>, 117 A.D.3d 1271',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(791,46445,46504,'loss of wage earning capacity','Thus, according to Matter of Buffalo, there are two different methods for calculating the loss of wage earning capacity of a claimant with permanent partial disability, depending on whether the claimant was working or not','Thus, according to <em>Matter of Buffalo</em>, there are two different methods for calculating the <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/\">loss of wage earning capacity</a> of a claimant with permanent partial disability, depending on whether the claimant was working or not','Thus, according to <em>Matter of Buffalo</em>, there are two different methods for calculating the loss of wage earning capacity of a claimant with permanent partial disability, depending on whether the claimant was working or not','Matter of Buffalo Auto Recovery, 2009 NY Wrk Comp 80703905. Thus, according to Matter of Buffalo, there are two different methods for calculating the loss of wage earning capacity of a claimant with permanent partial disability, depending on whether the claimant was working or not.','Thus, according to <em>Matter of Buffalo</em>, there are two different methods for calculating the loss of wage earning capacity of a claimant with permanent partial disability, depending on whether the claimant was working or not.',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(792,46445,46504,'loss of wage earning capacity','Vocational and functional considerations must be considered with respect to loss of wage earning capacity and as such are only relevant as to the duration of a claimant’s permanent partial disability benefits','Vocational and functional considerations must be considered with respect to <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/\">loss of wage earning capacity</a> and as such are only relevant as to the duration of a claimant’s permanent partial disability benefits','Vocational and functional considerations must be considered with respect to loss of wage earning capacity and as such are only relevant as to the duration of a claimant’s permanent partial disability benefits','In Matter of Baczuk it was recently found that, where actual earnings during a period of disability are established, wage earning capacity must be determined exclusively by the actual earnings of the injured employee without evidence of capacity to earn more/less during such a disability period. Vocational and functional considerations must be considered with respect to loss of wage earning capacity and as such are only relevant as to the duration of a claimant’s permanent partial disability benefits. Matter of Baczuk v.','vocational factors should have been considered in combination with her medical impairment to determine the compensation rate for her temporary disability and as such would have rendered her unemployable. However, it was found that the 2007 reforms were not intended to change the Board’s reliance on the claimant’s actual earnings or degree of physical impairment as supported by the medical evidence to determine wage earning capacity for the purposes of WCL 15 (5) (a). In fact, the phrase “loss of wage earning capacity” was added to WCL §15(3)(w) with the specific intention to establish a new duration limit on non-schedule permanent partial disability benefits and was therefore relevant only to the determination of the duration of permanent partial disability benefits',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(793,46445,46504,'wage earning capacity','In case of permanent partial disability when the claimant did not return to work, it is up to the WCLJ/Board to determine the claimant’s wage earning capacity','In case of permanent partial disability when the claimant did not return to work, it is up to the WCLJ/Board to determine the claimant’s <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/\">wage earning capacity</a>','In case of permanent partial disability when the claimant did not return to work, it is up to the WCLJ/Board to determine the claimant’s wage earning capacity','In case of permanent partial disability when the claimant did not return to work, it is up to the WCLJ/Board to determine the claimant’s wage earning capacity. In Matter Weinhart v Motors Holding, 245 A.D.2d 577 (1997) The Board considers the nature and degree of the claimant’s disability, vocational opportunities and corresponding salaries available to the claimant, the claimant’s work restrictions etc.','In <em>Matter of Canales</em> the claimant argued that her vocational factors should have been considered in combination with her medical impairment to determine the compensation rate for her temporary disability and as such would have rendered her unemployable. However, it was found that the 2007 reforms were not intended to change the Board’s reliance on the claimant’s actual earnings or degree of physical impairment as supported by the medical evidence to determine wage earning capacity for the purposes of WCL 15 (5) (a). In fact, the phrase “loss of wage earning capacity” was added to WCL §15(3)(w) with the specific intention to establish a new duration limit on non-schedule permanent partial disability benefits and was therefore relevant only to the determination of the duration of permanent partial disability benefits at the time of classification. Thus, vocational and functional factors should not be considered to determine the compensation rate for temporary disability. Matter of <em>Canales v. Pinnacle Foods Group LLC</em>, 117 A.D.3d 1271',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(794,46445,46504,'wage earning capacity','When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to Buffalo auto, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage','When a claimant remains attached to the labor market a claimant’s <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/\">wage earning capacity</a> for a permanent partial disability, according to <em>Buffalo auto</em>, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage','When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to <em>Buffalo auto</em>, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage','However, it seems that things get murky when a claimant is working at the time of classification. When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to Buffalo auto, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage. Matter of Buffalo Auto Recovery, 2009 NY Wrk Comp 80703905.','when the claimant did not return to work, it is up to the WCLJ/Board to determine the claimant’s wage earning capacity. In <em>Matter Weinhart v Motors Holding</em>, 245 A.D.2d 577 (1997) The Board considers the nature and degree of the claimant’s disability, vocational opportunities and corresponding salaries available to the claimant, the claimant’s work restrictions etc. to determine the loss of wage earning capacity. Thus, for the non-working claimant vocational factors are considered to determine the loss of wage earning capacity and consequentially the wage earning capacity to calculate the weekly rate. “The loss of wage earning capacity will determine the maximum number of benefit weeks available pursuant to WCL §15(3)(w), and its inverse, the wage',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(795,46445,46504,'wage earning','In fact, the phrase “loss of wage earning capacity” was added to WCL §15(3)(w) with the specific intention to establish a new duration limit on non-schedule permanent partial disability benefits and was therefore relevant only to the determination of the duration of permanent partial disability benefits at the time of classification','In fact, the phrase “loss of <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/\">wage earning</a> capacity” was added to WCL §15(3)(w) with the specific intention to establish a new duration limit on non-schedule permanent partial disability benefits and was therefore relevant only to the determination of the duration of permanent partial disability benefits at the time of classification','In fact, the phrase “loss of wage earning capacity” was added to WCL §15(3)(w) with the specific intention to establish a new duration limit on non-schedule permanent partial disability benefits and was therefore relevant only to the determination of the duration of permanent partial disability benefits at the time of classification','However, it was found that the 2007 reforms were not intended to change the Board’s reliance on the claimant’s actual earnings or degree of physical impairment as supported by the medical evidence to determine wage earning capacity for the purposes of WCL 15 (5) (a). In fact, the phrase “loss of wage earning capacity” was added to WCL §15(3)(w) with the specific intention to establish a new duration limit on non-schedule permanent partial disability benefits and was therefore relevant only to the determination of the duration of permanent partial disability benefits at the time of classification. Thus, vocational and functional factors should not be considered to determine the compensation rate for temporary disability.','In <em>Matter of Canales</em> the claimant argued that her vocational factors should have been considered in combination with her medical impairment to determine the compensation rate for her temporary disability and as such would have rendered her unemployable. However, it was found that the 2007 reforms were not intended to change the Board’s reliance on the claimant’s actual earnings or degree of physical impairment as supported by the medical evidence to determine wage earning capacity for the purposes of WCL 15 (5) (a). In fact, the phrase “loss of wage earning capacity” was added to WCL §15(3)(w) with the specific intention to establish a new duration limit on non-schedule permanent partial disability benefits and was therefore relevant only to the determination of the duration of permanent partial disability benefits at the time of classification.',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(796,46445,46504,'earning wages','What is less clear is the difference between claimants that returned to work and is consequently earning wages and claimants that did not return to work at the time of the classification','What is less clear is the difference between claimants that returned to work and is consequently <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 wages</a> and claimants that did not return to work at the time of the classification','What is less clear is the difference between claimants that returned to work and is consequently earning wages and claimants that did not return to work at the time of the classification','However, it is well established that vocational factors are considered to determine loss of wage earning capacity in PPD claimants. What is less clear is the difference between claimants that returned to work and is consequently earning wages and claimants that did not return to work at the time of the classification.','What is less clear is the difference between claimants that returned to work and is consequently earning wages and claimants that did not return to work at the time of the classification.',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(797,46445,46509,'determine the loss of wage earning capacity','to determine the loss of wage earning capacity','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 loss of wage earning capacity</a>','to determine the loss of wage earning capacity','In Matter Weinhart v Motors Holding, 245 A.D.2d 577 (1997) The Board considers the nature and degree of the claimant’s disability, vocational opportunities and corresponding salaries available to the claimant, the claimant’s work restrictions etc. to determine the loss of wage earning capacity. Thus, for the non-working claimant vocational factors are considered to determine the loss of wage earning capacity and consequentially the wage earning capacity to calculate the weekly rate.','to work, it is up to the WCLJ/Board to determine the claimant’s wage earning capacity. In <em>Matter Weinhart v Motors Holding</em>, 245 A.D.2d 577 (1997) The Board considers the nature and degree of the claimant’s disability, vocational opportunities and corresponding salaries available to the claimant, the claimant’s work restrictions etc. to determine the loss of wage earning capacity. Thus, for the non-working claimant vocational factors are considered to determine the loss of wage earning capacity and consequentially the wage earning capacity to calculate the weekly rate. “The loss of wage earning capacity will determine the maximum number of benefit weeks available pursuant to WCL §15(3)(w), and its inverse, the wage earning capacity will be used to calculate the weekly rate. <em>Matter of Buffalo Auto Recovery</em>, 2009 NY Wrk Comp 80703905.',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(798,46445,46509,'loss of wage earning capacity will determine','“The loss of wage earning capacity will determine the maximum number of benefit weeks available pursuant to WCL §15(3)(w), and its inverse, the wage earning capacity will be used to calculate the weekly rate','“The <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/\">loss of wage earning capacity will determine</a> the maximum number of benefit weeks available pursuant to WCL §15(3)(w), and its inverse, the wage earning capacity will be used to calculate the weekly rate','“The loss of wage earning capacity will determine the maximum number of benefit weeks available pursuant to WCL §15(3)(w), and its inverse, the wage earning capacity will be used to calculate the weekly rate','Thus, for the non-working claimant vocational factors are considered to determine the loss of wage earning capacity and consequentially the wage earning capacity to calculate the weekly rate. “The loss of wage earning capacity will determine the maximum number of benefit weeks available pursuant to WCL §15(3)(w), and its inverse, the wage earning capacity will be used to calculate the weekly rate. Matter of Buffalo Auto Recovery, 2009 NY Wrk Comp 80703905.','“The loss of wage earning capacity will determine the maximum number of benefit weeks available pursuant to WCL §15(3)(w), and its inverse, the wage earning capacity will be used to calculate the weekly rate.',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(799,46445,46509,'determine loss of wage earning capacity','However, it is well established that vocational factors are considered to determine loss of wage earning capacity in PPD claimants','However, it is well established that vocational factors are considered 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 loss of wage earning capacity</a> in PPD claimants','However, it is well established that vocational factors are considered to determine loss of wage earning capacity in PPD claimants','However, it is well established that vocational factors are considered to determine loss of wage earning capacity in PPD claimants. What is less clear is the difference between claimants that returned to work and is consequently earning wages and claimants that did not return to work at the time of the classification.','However, it is well established that vocational factors are considered to determine loss of wage earning capacity in PPD claimants. What is less clear is the difference between claimants that returned to work and is consequently earning wages and claimants',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(800,46445,46509,'determine the claimant’s wage earning capacity','In case of permanent partial disability when the claimant did not return to work, it is up to the WCLJ/Board to determine the claimant’s wage earning capacity','In case of permanent partial disability when the claimant did not return to work, it is up to the WCLJ/Board 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 wage earning capacity</a>','In case of permanent partial disability when the claimant did not return to work, it is up to the WCLJ/Board to determine the claimant’s wage earning capacity','In case of permanent partial disability when the claimant did not return to work, it is up to the WCLJ/Board to determine the claimant’s wage earning capacity. In Matter Weinhart v Motors Holding, 245 A.D.2d 577 (1997) The Board considers the nature and degree of the claimant’s disability, vocational opportunities and corresponding salaries available to the claimant, the claimant’s work restrictions etc.','In case of permanent partial disability when the claimant did not return to work, it is up to the WCLJ/Board to determine the claimant’s wage earning capacity. In <em>Matter Weinhart v Motors Holding</em>, 245 A.D.2d 577 (1997) The Board considers the nature and degree of the claimant’s disability, vocational opportunities and corresponding salaries available to the claimant, the claimant’s work restrictions etc. to determine the loss of wage earning capacity. Thus, for the non-working claimant vocational factors are considered to determine the loss of wage earning capacity and consequentially the wage earning capacity to calculate the weekly rate. “The loss of wage earning capacity will determine the maximum number of benefit weeks available pursuant to WCL §15(3)(w), and its inverse, the wage earning capacity will be used to calculate the weekly rate. <em>Matter of Buffalo Auto Recovery</em>, 2009 NY Wrk Comp 80703905.',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(801,46445,46509,'wage earning capacity must be determined','In Matter of Baczuk it was recently found that, where actual earnings during a period of disability are established, wage earning capacity must be determined exclusively by the actual earnings of the injured employee without evidence of capacity to earn more/less during such a disability period','In <em>Matter of Baczuk</em> it was recently found that, where actual earnings during a period of disability are established, <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/\">wage earning capacity must be determined</a> exclusively by the actual earnings of the injured employee without evidence of capacity to earn more/less during such a disability period','In <em>Matter of Baczuk</em> it was recently found that, where actual earnings during a period of disability are established, wage earning capacity must be determined exclusively by the actual earnings of the injured employee without evidence of capacity to earn more/less during such a disability period','In Matter of Baczuk it was recently found that, where actual earnings during a period of disability are established, wage earning capacity must be determined exclusively by the actual earnings of the injured employee without evidence of capacity to earn more/less during such a disability period. Vocational and functional considerations must be considered with respect to loss of wage earning capacity and as such are only relevant as to the duration of a claimant’s permanent partial disability benefits.','In <em>Matter of Baczuk</em> it was recently found that, where actual earnings during a period of disability are established, wage earning capacity must be determined exclusively by the actual earnings of the injured employee without evidence of capacity to earn more/less during such a disability period.',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(802,46445,46509,'loss of wage earning capacity','Thus, according to Matter of Buffalo, there are two different methods for calculating the loss of wage earning capacity of a claimant with permanent partial disability, depending on whether the claimant was working or not','Thus, according to <em>Matter of Buffalo</em>, there are two different methods for calculating the <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/\">loss of wage earning capacity</a> of a claimant with permanent partial disability, depending on whether the claimant was working or not','Thus, according to <em>Matter of Buffalo</em>, there are two different methods for calculating the loss of wage earning capacity of a claimant with permanent partial disability, depending on whether the claimant was working or not','Matter of Buffalo Auto Recovery, 2009 NY Wrk Comp 80703905. Thus, according to Matter of Buffalo, there are two different methods for calculating the loss of wage earning capacity of a claimant with permanent partial disability, depending on whether the claimant was working or not.','Thus, according to <em>Matter of Buffalo</em>, there are two different methods for calculating the loss of wage earning capacity of a claimant with permanent partial disability, depending on whether the claimant was working or not.',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(803,46445,46509,'loss of wage earning capacity','Vocational and functional considerations must be considered with respect to loss of wage earning capacity and as such are only relevant as to the duration of a claimant’s permanent partial disability benefits','Vocational and functional considerations must be considered with respect 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/\">loss of wage earning capacity</a> and as such are only relevant as to the duration of a claimant’s permanent partial disability benefits','Vocational and functional considerations must be considered with respect to loss of wage earning capacity and as such are only relevant as to the duration of a claimant’s permanent partial disability benefits','In Matter of Baczuk it was recently found that, where actual earnings during a period of disability are established, wage earning capacity must be determined exclusively by the actual earnings of the injured employee without evidence of capacity to earn more/less during such a disability period. Vocational and functional considerations must be considered with respect to loss of wage earning capacity and as such are only relevant as to the duration of a claimant’s permanent partial disability benefits. Matter of Baczuk v.','vocational factors should have been considered in combination with her medical impairment to determine the compensation rate for her temporary disability and as such would have rendered her unemployable. However, it was found that the 2007 reforms were not intended to change the Board’s reliance on the claimant’s actual earnings or degree of physical impairment as supported by the medical evidence to determine wage earning capacity for the purposes of WCL 15 (5) (a). In fact, the phrase “loss of wage earning capacity” was added to WCL §15(3)(w) with the specific intention to establish a new duration limit on non-schedule permanent partial disability benefits and was therefore relevant only to the determination of the duration of permanent partial disability benefits',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(804,46445,46509,'wage earning capacity','When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to Buffalo auto, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage','When a claimant remains attached to the labor market a claimant’s <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/\">wage earning capacity</a> for a permanent partial disability, according to <em>Buffalo auto</em>, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage','When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to <em>Buffalo auto</em>, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage','However, it seems that things get murky when a claimant is working at the time of classification. When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to Buffalo auto, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage. Matter of Buffalo Auto Recovery, 2009 NY Wrk Comp 80703905.','when the claimant did not return to work, it is up to the WCLJ/Board to determine the claimant’s wage earning capacity. In <em>Matter Weinhart v Motors Holding</em>, 245 A.D.2d 577 (1997) The Board considers the nature and degree of the claimant’s disability, vocational opportunities and corresponding salaries available to the claimant, the claimant’s work restrictions etc. to determine the loss of wage earning capacity. Thus, for the non-working claimant vocational factors are considered to determine the loss of wage earning capacity and consequentially the wage earning capacity to calculate the weekly rate. “The loss of wage earning capacity will determine the maximum number of benefit weeks available pursuant to WCL §15(3)(w), and its inverse, the wage',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(805,46445,46509,'earning wages','What is less clear is the difference between claimants that returned to work and is consequently earning wages and claimants that did not return to work at the time of the classification','What is less clear is the difference between claimants that returned to work and is consequently <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 wages</a> and claimants that did not return to work at the time of the classification','What is less clear is the difference between claimants that returned to work and is consequently earning wages and claimants that did not return to work at the time of the classification','However, it is well established that vocational factors are considered to determine loss of wage earning capacity in PPD claimants. What is less clear is the difference between claimants that returned to work and is consequently earning wages and claimants that did not return to work at the time of the classification.','What is less clear is the difference between claimants that returned to work and is consequently earning wages and claimants that did not return to work at the time of the classification.',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(806,46445,46374,'claimant vocational factors are considered to determine the loss','Thus, for the non-working claimant vocational factors are considered to determine the loss of wage earning capacity and consequentially the wage earning capacity to calculate the weekly rate','Thus, for the non-working <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 vocational factors are considered to determine the loss</a> of wage earning capacity and consequentially the wage earning capacity to calculate the weekly rate','Thus, for the non-working claimant vocational factors are considered to determine the loss of wage earning capacity and consequentially the wage earning capacity to calculate the weekly rate','to determine the loss of wage earning capacity. Thus, for the non-working claimant vocational factors are considered to determine the loss of wage earning capacity and consequentially the wage earning capacity to calculate the weekly rate. “The loss of wage earning capacity will determine the maximum number of benefit weeks available pursuant to WCL §15(3)(w), and its inverse, the wage earning capacity will be used to calculate the weekly rate.','Thus, for the non-working claimant vocational factors are considered to determine the loss of wage earning capacity and consequentially the wage earning capacity to calculate the weekly rate. “The loss of wage earning capacity will determine the maximum number of benefit weeks available pursuant to WCL §15(3)(w), and its inverse, the wage earning capacity will be used to calculate the weekly rate.',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(807,46445,46374,'loss of wage earning capacity in PPD claimants','However, it is well established that vocational factors are considered to determine loss of wage earning capacity in PPD claimants','However, it is well established that vocational factors are considered to determine <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/\">loss of wage earning capacity in PPD claimants</a>','However, it is well established that vocational factors are considered to determine loss of wage earning capacity in PPD claimants','However, it is well established that vocational factors are considered to determine loss of wage earning capacity in PPD claimants. What is less clear is the difference between claimants that returned to work and is consequently earning wages and claimants that did not return to work at the time of the classification.','However, it is well established that vocational factors are considered to determine loss of wage earning capacity in PPD claimants. What is less clear is the difference between claimants that returned to work and is consequently earning wages and claimants that did not return to work at the time of the classification.',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(808,46445,46371,'claimant did not return to work','In case of permanent partial disability when the claimant did not return to work, it is up to the WCLJ/Board to determine the claimant’s wage earning capacity','In case of permanent partial disability when 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 return to work</a>, it is up to the WCLJ/Board to determine the claimant’s wage earning capacity','In case of permanent partial disability when the claimant did not return to work, it is up to the WCLJ/Board to determine the claimant’s wage earning capacity','In case of permanent partial disability when the claimant did not return to work, it is up to the WCLJ/Board to determine the claimant’s wage earning capacity. In Matter Weinhart v Motors Holding, 245 A.D.2d 577 (1997) The Board considers the nature and degree of the claimant’s disability, vocational opportunities and corresponding salaries available to the claimant, the claimant’s work restrictions etc.','In case of permanent partial disability when the claimant did not return to work, it is up to the WCLJ/Board to determine the claimant’s wage earning capacity. In <em>Matter Weinhart v Motors Holding</em>, 245 A.D.2d 577 (1997) The Board considers the nature and degree of the claimant’s disability, vocational opportunities and corresponding salaries available to the claimant, the claimant’s work restrictions etc. to determine the loss of wage earning capacity. Thus, for the non-working claimant vocational factors are considered to determine the loss of wage earning capacity and consequentially the wage earning capacity to calculate the weekly rate. “The loss of wage earning capacity will determine the maximum number of benefit weeks available pursuant to WCL §15(3)(w), and its inverse, the wage earning capacity',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(809,46445,46371,'working and non-working claimants','However, in Matter of Longley Jones, the Full Board found that a distinction should not be drawn between a working and non-working claimants','However, in <em>Matter of Longley Jones</em>, the Full Board found that a distinction should not be drawn between a <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/\">working and non-working claimants</a>','However, in <em>Matter of Longley Jones</em>, the Full Board found that a distinction should not be drawn between a working and non-working claimants','However, in Matter of Longley Jones, the Full Board found that a distinction should not be drawn between a working and non-working claimants. It found that considering a working claimant‘s temporary sometimes partial job earnings, could ultimately lead to an unjust result between working and non-working claimants with exactly the same impairment.','However, in <em>Matter of Longley Jones</em>, the Full Board found that a distinction should not be drawn between a working and non-working claimants. It found that considering a working claimant‘s temporary sometimes partial job earnings, could ultimately lead to an unjust result between working and non-working claimants with exactly the same impairment. Thus, the Full Board did not favor a distinction between working and non-working claimants, but did emphasize that a claimant’s wages at the time of classification remains an important factor that should be considered with all the other factors in determining a claimant’s loss of wage earning capacity. <em>Matter of Longley Jones Management Corp,</em> 2012 NY Wrk. Comp. 60704882.',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(810,46445,46371,'claimant is working','However, it seems that things get murky when a claimant is working at the time of classification','However, it seems that things get murky when a <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 is working</a> at the time of classification','However, it seems that things get murky when a claimant is working at the time of classification','However, it seems that things get murky when a claimant is working at the time of classification. When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to Buffalo auto, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage.','However, it seems that things get murky when a claimant is working at the time of classification. When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to <em>Buffalo auto</em>, should be determined based on the difference between the claimant’s earnings at the time of his classification',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(811,46445,46549,'claimant vocational factors are considered','Thus, for the non-working claimant vocational factors are considered to determine the loss of wage earning capacity and consequentially the wage earning capacity to calculate the weekly rate','Thus, for the non-working <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 vocational factors are considered</a> to determine the loss of wage earning capacity and consequentially the wage earning capacity to calculate the weekly rate','Thus, for the non-working claimant vocational factors are considered to determine the loss of wage earning capacity and consequentially the wage earning capacity to calculate the weekly rate','to determine the loss of wage earning capacity. Thus, for the non-working claimant vocational factors are considered to determine the loss of wage earning capacity and consequentially the wage earning capacity to calculate the weekly rate. “The loss of wage earning capacity will determine the maximum number of benefit weeks available pursuant to WCL §15(3)(w), and its inverse, the wage earning capacity will be used to calculate the weekly rate.','Thus, for the non-working claimant vocational factors are considered to determine the loss of wage earning capacity and consequentially the wage earning capacity to calculate the weekly rate. “The loss of wage earning capacity will determine the maximum number of benefit weeks available pursuant to WCL §15(3)(w), and its inverse, the wage earning capacity will be used to calculate the weekly rate.',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(812,46445,46549,'found that considering','It found that considering a working claimant‘s temporary sometimes partial job earnings, could ultimately lead to an unjust result between working and non-working claimants with exactly the same impairment','It <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 that considering</a> a working claimant‘s temporary sometimes partial job earnings, could ultimately lead to an unjust result between working and non-working claimants with exactly the same impairment','It found that considering a working claimant‘s temporary sometimes partial job earnings, could ultimately lead to an unjust result between working and non-working claimants with exactly the same impairment','However, in Matter of Longley Jones, the Full Board found that a distinction should not be drawn between a working and non-working claimants. It found that considering a working claimant‘s temporary sometimes partial job earnings, could ultimately lead to an unjust result between working and non-working claimants with exactly the same impairment. Thus, the Full Board did not favor a distinction between working and non-working claimants, but did emphasize that a claimant’s wages at the time of classification remains an important factor that should be considered with all the other factors in determining a claimant’s loss of wage earning capacity.','It found that considering a working claimant‘s temporary sometimes partial job earnings, could ultimately lead to an unjust result between working and non-working claimants with exactly the same impairment.',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(813,46445,46561,'claimant vocational factors are considered','Thus, for the non-working claimant vocational factors are considered to determine the loss of wage earning capacity and consequentially the wage earning capacity to calculate the weekly rate','Thus, for the non-working <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 vocational factors are considered</a> to determine the loss of wage earning capacity and consequentially the wage earning capacity to calculate the weekly rate','Thus, for the non-working claimant vocational factors are considered to determine the loss of wage earning capacity and consequentially the wage earning capacity to calculate the weekly rate','to determine the loss of wage earning capacity. Thus, for the non-working claimant vocational factors are considered to determine the loss of wage earning capacity and consequentially the wage earning capacity to calculate the weekly rate. “The loss of wage earning capacity will determine the maximum number of benefit weeks available pursuant to WCL §15(3)(w), and its inverse, the wage earning capacity will be used to calculate the weekly rate.','Thus, for the non-working claimant vocational factors are considered to determine the loss of wage earning capacity and consequentially the wage earning capacity to calculate the weekly rate. “The loss of wage earning capacity will determine the maximum number of benefit weeks available pursuant to WCL §15(3)(w), and its inverse, the wage earning capacity will be used to calculate the weekly rate.',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(814,46445,46383,'claimant remains attached to the labor market','When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to Buffalo auto, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage','When a <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/\">claimant remains attached to the labor market</a> a claimant’s wage earning capacity for a permanent partial disability, according to <em>Buffalo auto</em>, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage','When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to <em>Buffalo auto</em>, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage','However, it seems that things get murky when a claimant is working at the time of classification. When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to Buffalo auto, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage. Matter of Buffalo Auto Recovery, 2009 NY Wrk Comp 80703905.','when a claimant is working at the time of classification. When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to <em>Buffalo auto</em>, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage. <em>Matter of Buffalo Auto Recovery</em>, 2009 NY Wrk Comp 80703905. Thus, according to <em>Matter of Buffalo</em>, there are two different methods for calculating the loss of wage',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(815,46445,46341,'attached to the labor market','When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to Buffalo auto, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage','When a claimant remains <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/05/labor-market-attachment-and-retirement/\">attached to the labor market</a> a claimant’s wage earning capacity for a permanent partial disability, according to <em>Buffalo auto</em>, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage','When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to <em>Buffalo auto</em>, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage','However, it seems that things get murky when a claimant is working at the time of classification. When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to Buffalo auto, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage. Matter of Buffalo Auto Recovery, 2009 NY Wrk Comp 80703905.','when a claimant is working at the time of classification. When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to <em>Buffalo auto</em>, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage. <em>Matter of Buffalo Auto Recovery</em>, 2009 NY Wrk Comp 80703905. Thus, according to <em>Matter of Buffalo</em>, there are two different methods for calculating the loss of wage',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(816,46445,46448,'attached to the labor market','When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to Buffalo auto, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage','When a claimant remains <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2015/09/labor-market-attachment-refresher/\">attached to the labor market</a> a claimant’s wage earning capacity for a permanent partial disability, according to <em>Buffalo auto</em>, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage','When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to <em>Buffalo auto</em>, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage','However, it seems that things get murky when a claimant is working at the time of classification. When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to Buffalo auto, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage. Matter of Buffalo Auto Recovery, 2009 NY Wrk Comp 80703905.','when a claimant is working at the time of classification. When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to <em>Buffalo auto</em>, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage. <em>Matter of Buffalo Auto Recovery</em>, 2009 NY Wrk Comp 80703905. Thus, according to <em>Matter of Buffalo</em>, there are two different methods for calculating the loss of wage',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(817,46445,46546,'attached to the labor market','When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to Buffalo auto, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage','When a claimant remains <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/\">attached to the labor market</a> a claimant’s wage earning capacity for a permanent partial disability, according to <em>Buffalo auto</em>, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage','When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to <em>Buffalo auto</em>, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage','However, it seems that things get murky when a claimant is working at the time of classification. When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to Buffalo auto, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage. Matter of Buffalo Auto Recovery, 2009 NY Wrk Comp 80703905.','when a claimant is working at the time of classification. When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to <em>Buffalo auto</em>, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage. <em>Matter of Buffalo Auto Recovery</em>, 2009 NY Wrk Comp 80703905. Thus, according to <em>Matter of Buffalo</em>, there are two different methods for calculating the loss of wage',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(818,46445,46480,'average weekly wage','When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to Buffalo auto, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage','When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to <em>Buffalo auto</em>, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2015/08/average-wages/\">average weekly wage</a>','When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to <em>Buffalo auto</em>, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage','However, it seems that things get murky when a claimant is working at the time of classification. When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to Buffalo auto, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage. Matter of Buffalo Auto Recovery, 2009 NY Wrk Comp 80703905.','when a claimant is working at the time of classification. When a claimant remains attached to the labor market a claimant’s wage earning capacity for a permanent partial disability, according to <em>Buffalo auto</em>, should be determined based on the difference between the claimant’s earnings at the time of his classification and his former average weekly wage. <em>Matter of Buffalo Auto Recovery</em>, 2009 NY Wrk Comp 80703905. Thus, according to <em>Matter of Buffalo</em>, there are two different methods for calculating the loss of wage earning capacity of a claimant with permanent partial disability, depending on whether the claimant was working or not.',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(819,46445,46329,'calculating the loss','Thus, according to Matter of Buffalo, there are two different methods for calculating the loss of wage earning capacity of a claimant with permanent partial disability, depending on whether the claimant was working or not','Thus, according to <em>Matter of Buffalo</em>, there are two different methods for <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/\">calculating the loss</a> of wage earning capacity of a claimant with permanent partial disability, depending on whether the claimant was working or not','Thus, according to <em>Matter of Buffalo</em>, there are two different methods for calculating the loss of wage earning capacity of a claimant with permanent partial disability, depending on whether the claimant was working or not','Matter of Buffalo Auto Recovery, 2009 NY Wrk Comp 80703905. Thus, according to Matter of Buffalo, there are two different methods for calculating the loss of wage earning capacity of a claimant with permanent partial disability, depending on whether the claimant was working or not.','Thus, according to <em>Matter of Buffalo</em>, there are two different methods for calculating the loss of wage earning capacity of a claimant with permanent partial disability, depending on whether the claimant was working or not.',0,'2022-04-05 05:06:57','2022-04-05 05:06:57'),(820,46191,46351,'practicing workers’ compensation law','Vicki is an associate attorney who has spent the past nine years exclusively practicing workers’ compensation law','Vicki is an associate attorney who has spent the past nine years exclusively <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/\">practicing workers’ compensation law</a>','Vicki is an associate attorney who has spent the past nine years exclusively practicing workers’ compensation law','Vicki is an associate attorney who has spent the past nine years exclusively practicing workers’ compensation law. Prior to joining , she successfully represented claimants.','Vicki is an associate attorney who has spent the past nine years exclusively practicing workers’ compensation law. Prior to joining , she successfully represented claimants. <a role=\"link\" href=\"/attorney/buehler-vicki-l/\">Read more</a>[/et_pb_text][/et_pb_column][/et_pb_row][et_pb_row column_structure=\"2_5,3_5\" make_equal=\"on\" admin_label=\"Row12\" module_class=\"fl-feature\" _builder_version=\"4.3.2\" background_color=\"#ffffff\" width=\"100%\" max_width=\"100%\" custom_margin=\"|0px||0px|false|true\" custom_padding=\"30px||||false|false\" locked=\"off\" collapsed=\"on\" global_colors_info=\"{}\"][et_pb_column type=\"2_5\" _builder_version=\"4.3.2\" global_colors_info=\"{}\"][et_pb_image src=\"https://thelomad.com/getmad.today/wp-contentthelomad.com/getmad.today/wp-content/uploads/2021/10/Brendan_Shannon_pp.jpg\" url=\"/attorney/shannon-brendan-t/\" align_tablet=\"center\" align_phone=\"\" align_last_edited=\"on|tablet\" _builder_version=\"4.3.2\" custom_padding_tablet=\"||30px||false|false\" custom_padding_phone=\"\" custom_padding_last_edited=\"on|tablet\" border_width_all=\"3px\" border_color_all=\"#ffffff\" box_shadow_style=\"preset1\" global_colors_info=\"{}\"][/et_pb_image][/et_pb_column][et_pb_column type=\"3_5\" module_class=\"fl-center\" _builder_version=\"4.3.2\" custom_padding=\"|||30px|false|false\" custom_padding_tablet=\"|||0px|false|false\" custom_padding_phone=\"\" custom_padding_last_edited=\"on|tablet\" global_colors_info=\"{}\"][et_pb_text _builder_version=\"4.14.2\" text_font=\"Montserrat||||||||\" text_text_color=\"#211865\" text_font_size=\"18px\" text_line_height=\"1.4em\" header_text_color=\"#ffffff\" header_2_text_color=\"#003366\" header_2_font_size=\"28px\" header_3_text_color=\"#211865\" header_4_text_color=\"#211865\" header_5_text_color=\"#ffffff\" header_6_text_color=\"#ffffff\" header_2_font_size_tablet=\"28px\" header_2_font_size_phone=\"26px\" header_2_font_size_last_edited=\"on|phone\" text_orientation_tablet=\"center\" text_orientation_phone=\"\" text_orientation_last_edited=\"on|tablet\" global_colors_info=\"{}\"]<h2><span style=\"color: #003366\">Brendan T. Shannon</span></h2>',0,'2022-04-11 20:55:50','2022-04-11 20:55:50'),(821,46191,46421,'workers’ compensation','Vicki is an associate attorney who has spent the past nine years exclusively practicing workers’ compensation law','Vicki is an associate attorney who has spent the past nine years exclusively practicing <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> law','Vicki is an associate attorney who has spent the past nine years exclusively practicing workers’ compensation law','Vicki is an associate attorney who has spent the past nine years exclusively practicing workers’ compensation law. Prior to joining , she successfully represented claimants.','Vicki is an associate attorney who has spent the past nine years exclusively practicing workers’ compensation law.',0,'2022-04-11 20:55:50','2022-04-11 20:55:50'),(822,46191,46486,'workers’ compensation','Vicki is an associate attorney who has spent the past nine years exclusively practicing workers’ compensation law','Vicki is an associate attorney who has spent the past nine years exclusively practicing <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','Vicki is an associate attorney who has spent the past nine years exclusively practicing workers’ compensation law','Vicki is an associate attorney who has spent the past nine years exclusively practicing workers’ compensation law. Prior to joining , she successfully represented claimants.','Vicki is an associate attorney who has spent the past nine years exclusively practicing workers’ compensation law.',0,'2022-04-11 20:55:50','2022-04-11 20:55:50'),(823,46191,46512,'workers’ compensation','Vicki is an associate attorney who has spent the past nine years exclusively practicing workers’ compensation law','Vicki is an associate attorney who has spent the past nine years exclusively practicing <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','Vicki is an associate attorney who has spent the past nine years exclusively practicing workers’ compensation law','Vicki is an associate attorney who has spent the past nine years exclusively practicing workers’ compensation law. Prior to joining , she successfully represented claimants.','Vicki is an associate attorney who has spent the past nine years exclusively practicing workers’ compensation law.',0,'2022-04-11 20:55:50','2022-04-11 20:55:50'),(824,46191,46555,'workers’ compensation','Vicki is an associate attorney who has spent the past nine years exclusively practicing workers’ compensation law','Vicki is an associate attorney who has spent the past nine years exclusively practicing <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','Vicki is an associate attorney who has spent the past nine years exclusively practicing workers’ compensation law','Vicki is an associate attorney who has spent the past nine years exclusively practicing workers’ compensation law. Prior to joining , she successfully represented claimants.','Vicki is an associate attorney who has spent the past nine years exclusively practicing workers’ compensation law.',0,'2022-04-11 20:55:50','2022-04-11 20:55:50'),(825,46191,48276,'compensation law','Vicki is an associate attorney who has spent the past nine years exclusively practicing workers’ compensation law','Vicki is an associate attorney who has spent the past nine years exclusively practicing workers’ <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/amherst-workers-compensation-defense-law-office/\">compensation law</a>','Vicki is an associate attorney who has spent the past nine years exclusively practicing workers’ compensation law','Vicki is an associate attorney who has spent the past nine years exclusively practicing workers’ compensation law. Prior to joining , she successfully represented claimants.','Vicki is an associate attorney who has spent the past nine years exclusively practicing workers’ compensation law. Prior to joining , she successfully represented claimants. <a role=\"link\" href=\"/attorney/buehler-vicki-l/\">Read more</a>[/et_pb_text][/et_pb_column][/et_pb_row][et_pb_row column_structure=\"2_5,3_5\" make_equal=\"on\" admin_label=\"Row12\" module_class=\"fl-feature\" _builder_version=\"4.3.2\" background_color=\"#ffffff\" width=\"100%\" max_width=\"100%\" custom_margin=\"|0px||0px|false|true\" custom_padding=\"30px||||false|false\" locked=\"off\" collapsed=\"on\" global_colors_info=\"{}\"][et_pb_column type=\"2_5\" _builder_version=\"4.3.2\" global_colors_info=\"{}\"][et_pb_image src=\"https://thelomad.com/getmad.today/wp-contentthelomad.com/getmad.today/wp-content/uploads/2021/10/Brendan_Shannon_pp.jpg\" url=\"/attorney/shannon-brendan-t/\" align_tablet=\"center\" align_phone=\"\" align_last_edited=\"on|tablet\" _builder_version=\"4.3.2\" custom_padding_tablet=\"||30px||false|false\" custom_padding_phone=\"\" custom_padding_last_edited=\"on|tablet\" border_width_all=\"3px\" border_color_all=\"#ffffff\" box_shadow_style=\"preset1\" global_colors_info=\"{}\"][/et_pb_image][/et_pb_column][et_pb_column type=\"3_5\" module_class=\"fl-center\" _builder_version=\"4.3.2\" custom_padding=\"|||30px|false|false\" custom_padding_tablet=\"|||0px|false|false\" custom_padding_phone=\"\" custom_padding_last_edited=\"on|tablet\" global_colors_info=\"{}\"][et_pb_text _builder_version=\"4.14.2\" text_font=\"Montserrat||||||||\" text_text_color=\"#211865\" text_font_size=\"18px\" text_line_height=\"1.4em\" header_text_color=\"#ffffff\" header_2_text_color=\"#003366\" header_2_font_size=\"28px\" header_3_text_color=\"#211865\" header_4_text_color=\"#211865\" header_5_text_color=\"#ffffff\" header_6_text_color=\"#ffffff\" header_2_font_size_tablet=\"28px\" header_2_font_size_phone=\"26px\" header_2_font_size_last_edited=\"on|phone\" text_orientation_tablet=\"center\" text_orientation_phone=\"\" text_orientation_last_edited=\"on|tablet\" global_colors_info=\"{}\"]<h2><span style=\"color: #003366\">Brendan T. Shannon</span></h2>',0,'2022-04-11 20:55:50','2022-04-11 20:55:50'),(826,46180,46191,'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-contentwww.getmad.today/the-team/workers-compensation-team/\">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,'2022-04-11 21:19:07','2022-04-11 21:19:07'),(827,46131,46191,'workers compensation','James uses his experience on a day-to-day basis to help insurance carriers, self-insured employers and group self-insured trusts to face the often momentous task of defending workers compensation claims where the law is very often no ally, and where success or failure rests on preparation, research and good communication','James uses his experience on a day-to-day basis to help insurance carriers, self-insured employers and group self-insured trusts to face the often momentous task of defending <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/the-team/workers-compensation-team/\">workers compensation</a> claims where the law is very often no ally, and where success or failure rests on preparation, research and good communication','James uses his experience on a day-to-day basis to help insurance carriers, self-insured employers and group self-insured trusts to face the often momentous task of defending workers compensation claims where the law is very often no ally, and where success or failure rests on preparation, research and good communication','James uses his experience on a day-to-day basis to help insurance carriers, self-insured employers and group self-insured trusts to face the often momentous task of defending workers compensation claims where the law is very often no ally, and where success or failure rests on preparation, research and good communication.','James uses his experience on a day-to-day basis to help insurance carriers, self-insured employers and group self-insured trusts to face the often momentous task of defending workers compensation claims where the law is very often no ally, and where success or failure rests on preparation, research and good communication.',0,'2022-04-11 21:59:38','2022-04-11 21:59:38'),(828,45925,46191,'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-contentduplicate-3602675.findlaw5.flsitebuilder.com/the-team/workers-compensation-team/\">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,'2022-04-11 22:44:42','2022-04-11 22:44:42'),(829,48410,46421,'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-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> 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 ...','Rebecca comes to us with a strong background in workers’ compensation as a legal assistant having advocated for the claimants.',0,'2022-04-20 19:03:56','2022-04-20 19:03:56'),(830,48410,46421,'workers’ compensation','When the opportunity arose for her to see workers’ compensation ..','When the opportunity arose for her to see <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> ..','When the opportunity arose for her to see workers’ compensation ..','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 ... Read more[/et_pb_text][/et_pb_column][/et_pb_row][et_pb_row column_structure=\"2_5,3_5\" make_equal=\"on\" admin_label=\"Row19\" module_class=\"fl-feature\" _builder_version=\"4.3.2\" background_color=\"#ffffff\" width=\"100%\" max_width=\"100%\" custom_margin=\"|0px||0px|false|true\" custom_padding=\"30px||||false|false\" locked=\"off\" collapsed=\"on\" global_colors_info=\"{}\"][et_pb_column type=\"2_5\" _builder_version=\"4.3.2\" global_colors_info=\"{}\"][et_pb_image src=\"https://thelomad.com/getmad.today/wp-contentthelomad.com/getmad.today/wp-content/uploads/2021/10/Jillian_Chavers_pp.jpg\" url=\"/about/jillian-m-chavers/\" align_tablet=\"center\" align_phone=\"\" align_last_edited=\"on|tablet\" _builder_version=\"4.3.2\" custom_padding_tablet=\"||30px||false|false\" custom_padding_phone=\"\" custom_padding_last_edited=\"on|tablet\" border_width_all=\"3px\" border_color_all=\"#ffffff\" box_shadow_style=\"preset1\" global_colors_info=\"{}\"][/et_pb_image][/et_pb_column][et_pb_column type=\"3_5\" module_class=\"fl-center\" _builder_version=\"4.3.2\" custom_padding=\"|||30px|false|false\" custom_padding_tablet=\"|||0px|false|false\" custom_padding_phone=\"\" custom_padding_last_edited=\"on|tablet\" global_colors_info=\"{}\"][et_pb_text _builder_version=\"4.14.2\" text_font=\"Montserrat||||||||\" text_text_color=\"#211865\" text_font_size=\"18px\" text_line_height=\"1.4em\" header_text_color=\"#ffffff\" header_2_text_color=\"#ffffff\" header_2_font_size=\"29px\" header_3_text_color=\"#ffffff\" header_4_text_color=\"#211865\" header_5_text_color=\"#ffffff\" header_6_text_color=\"#ffffff\" header_2_font_size_tablet=\"28px\" header_2_font_size_phone=\"28px\" header_2_font_size_last_edited=\"on|phone\" text_orientation_tablet=\"center\" text_orientation_phone=\"\" text_orientation_last_edited=\"on|tablet\" global_colors_info=\"{}\"]Jillian M.','When the opportunity arose for her to see workers’ compensation ... <a role=\"link\" href=\"/about/rebecca-c-brashear/\">Read more</a>[/et_pb_text][/et_pb_column][/et_pb_row][et_pb_row column_structure=\"2_5,3_5\" make_equal=\"on\" admin_label=\"Row19\" module_class=\"fl-feature\" _builder_version=\"4.3.2\" background_color=\"#ffffff\" width=\"100%\" max_width=\"100%\" custom_margin=\"|0px||0px|false|true\" custom_padding=\"30px||||false|false\" locked=\"off\" collapsed=\"on\" global_colors_info=\"{}\"][et_pb_column type=\"2_5\" _builder_version=\"4.3.2\" global_colors_info=\"{}\"][et_pb_image src=\"https://thelomad.com/getmad.today/wp-contentthelomad.com/getmad.today/wp-content/uploads/2021/10/Jillian_Chavers_pp.jpg\" url=\"/about/jillian-m-chavers/\" align_tablet=\"center\" align_phone=\"\" align_last_edited=\"on|tablet\" _builder_version=\"4.3.2\" custom_padding_tablet=\"||30px||false|false\" custom_padding_phone=\"\" custom_padding_last_edited=\"on|tablet\" border_width_all=\"3px\" border_color_all=\"#ffffff\" box_shadow_style=\"preset1\" global_colors_info=\"{}\"][/et_pb_image][/et_pb_column][et_pb_column type=\"3_5\" module_class=\"fl-center\" _builder_version=\"4.3.2\" custom_padding=\"|||30px|false|false\" custom_padding_tablet=\"|||0px|false|false\" custom_padding_phone=\"\" custom_padding_last_edited=\"on|tablet\" global_colors_info=\"{}\"][et_pb_text _builder_version=\"4.14.2\" text_font=\"Montserrat||||||||\" text_text_color=\"#211865\" text_font_size=\"18px\" text_line_height=\"1.4em\" header_text_color=\"#ffffff\" header_2_text_color=\"#ffffff\" header_2_font_size=\"29px\" header_3_text_color=\"#ffffff\" header_4_text_color=\"#211865\" header_5_text_color=\"#ffffff\" header_6_text_color=\"#ffffff\" header_2_font_size_tablet=\"28px\" header_2_font_size_phone=\"28px\" header_2_font_size_last_edited=\"on|phone\" text_orientation_tablet=\"center\" text_orientation_phone=\"\" text_orientation_last_edited=\"on|tablet\" global_colors_info=\"{}\"]<h2><span style=\"color: #003366\">Jillian M. Chavers</span></h2>',0,'2022-04-20 19:03:56','2022-04-20 19:03:56'),(831,48410,46486,'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-contentwww.getmad.today/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 ...','Rebecca comes to us with a strong background in workers’ compensation as a legal assistant having advocated for the claimants.',0,'2022-04-20 19:03:56','2022-04-20 19:03:56'),(832,48410,46486,'workers’ compensation','When the opportunity arose for her to see workers’ compensation ..','When the opportunity arose for her to see <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/08/test-your-ny-workers-compensation-chops/\">workers’ compensation</a> ..','When the opportunity arose for her to see workers’ compensation ..','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 ... Read more[/et_pb_text][/et_pb_column][/et_pb_row][et_pb_row column_structure=\"2_5,3_5\" make_equal=\"on\" admin_label=\"Row19\" module_class=\"fl-feature\" _builder_version=\"4.3.2\" background_color=\"#ffffff\" width=\"100%\" max_width=\"100%\" custom_margin=\"|0px||0px|false|true\" custom_padding=\"30px||||false|false\" locked=\"off\" collapsed=\"on\" global_colors_info=\"{}\"][et_pb_column type=\"2_5\" _builder_version=\"4.3.2\" global_colors_info=\"{}\"][et_pb_image src=\"https://thelomad.com/getmad.today/wp-contentthelomad.com/getmad.today/wp-content/uploads/2021/10/Jillian_Chavers_pp.jpg\" url=\"/about/jillian-m-chavers/\" align_tablet=\"center\" align_phone=\"\" align_last_edited=\"on|tablet\" _builder_version=\"4.3.2\" custom_padding_tablet=\"||30px||false|false\" custom_padding_phone=\"\" custom_padding_last_edited=\"on|tablet\" border_width_all=\"3px\" border_color_all=\"#ffffff\" box_shadow_style=\"preset1\" global_colors_info=\"{}\"][/et_pb_image][/et_pb_column][et_pb_column type=\"3_5\" module_class=\"fl-center\" _builder_version=\"4.3.2\" custom_padding=\"|||30px|false|false\" custom_padding_tablet=\"|||0px|false|false\" custom_padding_phone=\"\" custom_padding_last_edited=\"on|tablet\" global_colors_info=\"{}\"][et_pb_text _builder_version=\"4.14.2\" text_font=\"Montserrat||||||||\" text_text_color=\"#211865\" text_font_size=\"18px\" text_line_height=\"1.4em\" header_text_color=\"#ffffff\" header_2_text_color=\"#ffffff\" header_2_font_size=\"29px\" header_3_text_color=\"#ffffff\" header_4_text_color=\"#211865\" header_5_text_color=\"#ffffff\" header_6_text_color=\"#ffffff\" header_2_font_size_tablet=\"28px\" header_2_font_size_phone=\"28px\" header_2_font_size_last_edited=\"on|phone\" text_orientation_tablet=\"center\" text_orientation_phone=\"\" text_orientation_last_edited=\"on|tablet\" global_colors_info=\"{}\"]Jillian M.','When the opportunity arose for her to see workers’ compensation ... <a role=\"link\" href=\"/about/rebecca-c-brashear/\">Read more</a>[/et_pb_text][/et_pb_column][/et_pb_row][et_pb_row column_structure=\"2_5,3_5\" make_equal=\"on\" admin_label=\"Row19\" module_class=\"fl-feature\" _builder_version=\"4.3.2\" background_color=\"#ffffff\" width=\"100%\" max_width=\"100%\" custom_margin=\"|0px||0px|false|true\" custom_padding=\"30px||||false|false\" locked=\"off\" collapsed=\"on\" global_colors_info=\"{}\"][et_pb_column type=\"2_5\" _builder_version=\"4.3.2\" global_colors_info=\"{}\"][et_pb_image src=\"https://thelomad.com/getmad.today/wp-contentthelomad.com/getmad.today/wp-content/uploads/2021/10/Jillian_Chavers_pp.jpg\" url=\"/about/jillian-m-chavers/\" align_tablet=\"center\" align_phone=\"\" align_last_edited=\"on|tablet\" _builder_version=\"4.3.2\" custom_padding_tablet=\"||30px||false|false\" custom_padding_phone=\"\" custom_padding_last_edited=\"on|tablet\" border_width_all=\"3px\" border_color_all=\"#ffffff\" box_shadow_style=\"preset1\" global_colors_info=\"{}\"][/et_pb_image][/et_pb_column][et_pb_column type=\"3_5\" module_class=\"fl-center\" _builder_version=\"4.3.2\" custom_padding=\"|||30px|false|false\" custom_padding_tablet=\"|||0px|false|false\" custom_padding_phone=\"\" custom_padding_last_edited=\"on|tablet\" global_colors_info=\"{}\"][et_pb_text _builder_version=\"4.14.2\" text_font=\"Montserrat||||||||\" text_text_color=\"#211865\" text_font_size=\"18px\" text_line_height=\"1.4em\" header_text_color=\"#ffffff\" header_2_text_color=\"#ffffff\" header_2_font_size=\"29px\" header_3_text_color=\"#ffffff\" header_4_text_color=\"#211865\" header_5_text_color=\"#ffffff\" header_6_text_color=\"#ffffff\" header_2_font_size_tablet=\"28px\" header_2_font_size_phone=\"28px\" header_2_font_size_last_edited=\"on|phone\" text_orientation_tablet=\"center\" text_orientation_phone=\"\" text_orientation_last_edited=\"on|tablet\" global_colors_info=\"{}\"]<h2><span style=\"color: #003366\">Jillian M. Chavers</span></h2>',0,'2022-04-20 19:03:56','2022-04-20 19:03:56'),(833,48410,46512,'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-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> 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 ...','Rebecca comes to us with a strong background in workers’ compensation as a legal assistant having advocated for the claimants.',0,'2022-04-20 19:03:56','2022-04-20 19:03:56'),(834,48410,46512,'workers’ compensation','When the opportunity arose for her to see workers’ compensation ..','When the opportunity arose for her to see <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> ..','When the opportunity arose for her to see workers’ compensation ..','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 ... Read more[/et_pb_text][/et_pb_column][/et_pb_row][et_pb_row column_structure=\"2_5,3_5\" make_equal=\"on\" admin_label=\"Row19\" module_class=\"fl-feature\" _builder_version=\"4.3.2\" background_color=\"#ffffff\" width=\"100%\" max_width=\"100%\" custom_margin=\"|0px||0px|false|true\" custom_padding=\"30px||||false|false\" locked=\"off\" collapsed=\"on\" global_colors_info=\"{}\"][et_pb_column type=\"2_5\" _builder_version=\"4.3.2\" global_colors_info=\"{}\"][et_pb_image src=\"https://thelomad.com/getmad.today/wp-contentthelomad.com/getmad.today/wp-content/uploads/2021/10/Jillian_Chavers_pp.jpg\" url=\"/about/jillian-m-chavers/\" align_tablet=\"center\" align_phone=\"\" align_last_edited=\"on|tablet\" _builder_version=\"4.3.2\" custom_padding_tablet=\"||30px||false|false\" custom_padding_phone=\"\" custom_padding_last_edited=\"on|tablet\" border_width_all=\"3px\" border_color_all=\"#ffffff\" box_shadow_style=\"preset1\" global_colors_info=\"{}\"][/et_pb_image][/et_pb_column][et_pb_column type=\"3_5\" module_class=\"fl-center\" _builder_version=\"4.3.2\" custom_padding=\"|||30px|false|false\" custom_padding_tablet=\"|||0px|false|false\" custom_padding_phone=\"\" custom_padding_last_edited=\"on|tablet\" global_colors_info=\"{}\"][et_pb_text _builder_version=\"4.14.2\" text_font=\"Montserrat||||||||\" text_text_color=\"#211865\" text_font_size=\"18px\" text_line_height=\"1.4em\" header_text_color=\"#ffffff\" header_2_text_color=\"#ffffff\" header_2_font_size=\"29px\" header_3_text_color=\"#ffffff\" header_4_text_color=\"#211865\" header_5_text_color=\"#ffffff\" header_6_text_color=\"#ffffff\" header_2_font_size_tablet=\"28px\" header_2_font_size_phone=\"28px\" header_2_font_size_last_edited=\"on|phone\" text_orientation_tablet=\"center\" text_orientation_phone=\"\" text_orientation_last_edited=\"on|tablet\" global_colors_info=\"{}\"]Jillian M.','When the opportunity arose for her to see workers’ compensation ... <a role=\"link\" href=\"/about/rebecca-c-brashear/\">Read more</a>[/et_pb_text][/et_pb_column][/et_pb_row][et_pb_row column_structure=\"2_5,3_5\" make_equal=\"on\" admin_label=\"Row19\" module_class=\"fl-feature\" _builder_version=\"4.3.2\" background_color=\"#ffffff\" width=\"100%\" max_width=\"100%\" custom_margin=\"|0px||0px|false|true\" custom_padding=\"30px||||false|false\" locked=\"off\" collapsed=\"on\" global_colors_info=\"{}\"][et_pb_column type=\"2_5\" _builder_version=\"4.3.2\" global_colors_info=\"{}\"][et_pb_image src=\"https://thelomad.com/getmad.today/wp-contentthelomad.com/getmad.today/wp-content/uploads/2021/10/Jillian_Chavers_pp.jpg\" url=\"/about/jillian-m-chavers/\" align_tablet=\"center\" align_phone=\"\" align_last_edited=\"on|tablet\" _builder_version=\"4.3.2\" custom_padding_tablet=\"||30px||false|false\" custom_padding_phone=\"\" custom_padding_last_edited=\"on|tablet\" border_width_all=\"3px\" border_color_all=\"#ffffff\" box_shadow_style=\"preset1\" global_colors_info=\"{}\"][/et_pb_image][/et_pb_column][et_pb_column type=\"3_5\" module_class=\"fl-center\" _builder_version=\"4.3.2\" custom_padding=\"|||30px|false|false\" custom_padding_tablet=\"|||0px|false|false\" custom_padding_phone=\"\" custom_padding_last_edited=\"on|tablet\" global_colors_info=\"{}\"][et_pb_text _builder_version=\"4.14.2\" text_font=\"Montserrat||||||||\" text_text_color=\"#211865\" text_font_size=\"18px\" text_line_height=\"1.4em\" header_text_color=\"#ffffff\" header_2_text_color=\"#ffffff\" header_2_font_size=\"29px\" header_3_text_color=\"#ffffff\" header_4_text_color=\"#211865\" header_5_text_color=\"#ffffff\" header_6_text_color=\"#ffffff\" header_2_font_size_tablet=\"28px\" header_2_font_size_phone=\"28px\" header_2_font_size_last_edited=\"on|phone\" text_orientation_tablet=\"center\" text_orientation_phone=\"\" text_orientation_last_edited=\"on|tablet\" global_colors_info=\"{}\"]<h2><span style=\"color: #003366\">Jillian M. Chavers</span></h2>',0,'2022-04-20 19:03:56','2022-04-20 19:03:56'),(835,48410,46555,'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-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> 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 ...','Rebecca comes to us with a strong background in workers’ compensation as a legal assistant having advocated for the claimants.',0,'2022-04-20 19:03:56','2022-04-20 19:03:56'),(836,48410,46555,'workers’ compensation','When the opportunity arose for her to see workers’ compensation ..','When the opportunity arose for her to see <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> ..','When the opportunity arose for her to see workers’ compensation ..','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 ... Read more[/et_pb_text][/et_pb_column][/et_pb_row][et_pb_row column_structure=\"2_5,3_5\" make_equal=\"on\" admin_label=\"Row19\" module_class=\"fl-feature\" _builder_version=\"4.3.2\" background_color=\"#ffffff\" width=\"100%\" max_width=\"100%\" custom_margin=\"|0px||0px|false|true\" custom_padding=\"30px||||false|false\" locked=\"off\" collapsed=\"on\" global_colors_info=\"{}\"][et_pb_column type=\"2_5\" _builder_version=\"4.3.2\" global_colors_info=\"{}\"][et_pb_image src=\"https://thelomad.com/getmad.today/wp-contentthelomad.com/getmad.today/wp-content/uploads/2021/10/Jillian_Chavers_pp.jpg\" url=\"/about/jillian-m-chavers/\" align_tablet=\"center\" align_phone=\"\" align_last_edited=\"on|tablet\" _builder_version=\"4.3.2\" custom_padding_tablet=\"||30px||false|false\" custom_padding_phone=\"\" custom_padding_last_edited=\"on|tablet\" border_width_all=\"3px\" border_color_all=\"#ffffff\" box_shadow_style=\"preset1\" global_colors_info=\"{}\"][/et_pb_image][/et_pb_column][et_pb_column type=\"3_5\" module_class=\"fl-center\" _builder_version=\"4.3.2\" custom_padding=\"|||30px|false|false\" custom_padding_tablet=\"|||0px|false|false\" custom_padding_phone=\"\" custom_padding_last_edited=\"on|tablet\" global_colors_info=\"{}\"][et_pb_text _builder_version=\"4.14.2\" text_font=\"Montserrat||||||||\" text_text_color=\"#211865\" text_font_size=\"18px\" text_line_height=\"1.4em\" header_text_color=\"#ffffff\" header_2_text_color=\"#ffffff\" header_2_font_size=\"29px\" header_3_text_color=\"#ffffff\" header_4_text_color=\"#211865\" header_5_text_color=\"#ffffff\" header_6_text_color=\"#ffffff\" header_2_font_size_tablet=\"28px\" header_2_font_size_phone=\"28px\" header_2_font_size_last_edited=\"on|phone\" text_orientation_tablet=\"center\" text_orientation_phone=\"\" text_orientation_last_edited=\"on|tablet\" global_colors_info=\"{}\"]Jillian M.','When the opportunity arose for her to see workers’ compensation ... <a role=\"link\" href=\"/about/rebecca-c-brashear/\">Read more</a>[/et_pb_text][/et_pb_column][/et_pb_row][et_pb_row column_structure=\"2_5,3_5\" make_equal=\"on\" admin_label=\"Row19\" module_class=\"fl-feature\" _builder_version=\"4.3.2\" background_color=\"#ffffff\" width=\"100%\" max_width=\"100%\" custom_margin=\"|0px||0px|false|true\" custom_padding=\"30px||||false|false\" locked=\"off\" collapsed=\"on\" global_colors_info=\"{}\"][et_pb_column type=\"2_5\" _builder_version=\"4.3.2\" global_colors_info=\"{}\"][et_pb_image src=\"https://thelomad.com/getmad.today/wp-contentthelomad.com/getmad.today/wp-content/uploads/2021/10/Jillian_Chavers_pp.jpg\" url=\"/about/jillian-m-chavers/\" align_tablet=\"center\" align_phone=\"\" align_last_edited=\"on|tablet\" _builder_version=\"4.3.2\" custom_padding_tablet=\"||30px||false|false\" custom_padding_phone=\"\" custom_padding_last_edited=\"on|tablet\" border_width_all=\"3px\" border_color_all=\"#ffffff\" box_shadow_style=\"preset1\" global_colors_info=\"{}\"][/et_pb_image][/et_pb_column][et_pb_column type=\"3_5\" module_class=\"fl-center\" _builder_version=\"4.3.2\" custom_padding=\"|||30px|false|false\" custom_padding_tablet=\"|||0px|false|false\" custom_padding_phone=\"\" custom_padding_last_edited=\"on|tablet\" global_colors_info=\"{}\"][et_pb_text _builder_version=\"4.14.2\" text_font=\"Montserrat||||||||\" text_text_color=\"#211865\" text_font_size=\"18px\" text_line_height=\"1.4em\" header_text_color=\"#ffffff\" header_2_text_color=\"#ffffff\" header_2_font_size=\"29px\" header_3_text_color=\"#ffffff\" header_4_text_color=\"#211865\" header_5_text_color=\"#ffffff\" header_6_text_color=\"#ffffff\" header_2_font_size_tablet=\"28px\" header_2_font_size_phone=\"28px\" header_2_font_size_last_edited=\"on|phone\" text_orientation_tablet=\"center\" text_orientation_phone=\"\" text_orientation_last_edited=\"on|tablet\" global_colors_info=\"{}\"]<h2><span style=\"color: #003366\">Jillian M. Chavers</span></h2>',0,'2022-04-20 19:03:56','2022-04-20 19:03:56'),(837,46171,48410,'legal assistant','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 <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/legal-assistants-and-paralegals/\">legal assistant</a> 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,'2022-04-21 04:08:33','2022-04-21 04:08:33'),(838,46129,48410,'paralegal and legal assistant','She has extensive experience as a paralegal and legal assistant across the legal board – from workers’ compensation to property tax assessment, criminal, matrimonial, and beyond','She has extensive experience as a <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/legal-assistants-and-paralegals/\">paralegal and legal assistant</a> across the legal board – from workers’ compensation to property tax assessment, criminal, matrimonial, and beyond','She has extensive experience as a paralegal and legal assistant across the legal board – from workers’ compensation to property tax assessment, criminal, matrimonial, and beyond','Elena is excited to a part of a lively group whose foremost goal is to foster strong partnerships with their clients, leading to a proactive rather than a reactive approach to strategies and goals. She has extensive experience as a paralegal and legal assistant across the legal board – from workers’ compensation to property tax assessment, criminal, matrimonial, and beyond. Over the past few years, she has honed her customer service and organizational skills, becoming a detail-oriented, proactive and intelligent assistant to the attorneys with whom she worked.','She has extensive experience as a paralegal and legal assistant across the legal board – from workers’ compensation to property tax assessment, criminal, matrimonial, and beyond.',0,'2022-04-21 07:33:56','2022-04-21 07:33:56'),(839,46173,48410,'legal administrative assistant','Shortly thereafter she worked her way to a legal administrative assistant position','Shortly thereafter she worked her way to a <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/legal-assistants-and-paralegals/\">legal administrative assistant</a> position','Shortly thereafter she worked her way to a legal administrative assistant position','In 2000, she started at a local law firm as a receptionist. Shortly thereafter she worked her way to a legal administrative assistant position.  Susan has worked in several fields of law, starting out specializing in intellectual property.','Shortly thereafter she worked her way to a legal administrative assistant position.',0,'2022-04-21 07:44:48','2022-04-21 07:44:48'),(840,48173,46421,'basic NY workers’ compensation compensability','The monthly webinar series on basic NY workers’ compensation compensability presented by the Law Offices of Melissa A','The monthly webinar series on <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/\">basic NY workers’ compensation compensability</a> presented by the Law Offices of Melissa A','The monthly webinar series on basic NY workers’ compensation compensability presented by the Law Offices of Melissa A','The monthly webinar series on basic NY workers’ compensation compensability presented by the Law Offices of Melissa A. Day has been an educational, approachable and insightful look into the cornerstones of our profession.','The monthly webinar series on basic NY workers’ compensation compensability presented by the Law Offices of Melissa A. Day has been an educational, approachable a',0,'2022-04-29 18:41:36','2022-04-29 18:41:36'),(841,48173,46486,'workers’ compensation compensability','The monthly webinar series on basic NY workers’ compensation compensability presented by the Law Offices of Melissa A','The monthly webinar series on basic NY <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/08/test-your-ny-workers-compensation-chops/\">workers’ compensation compensability</a> presented by the Law Offices of Melissa A','The monthly webinar series on basic NY workers’ compensation compensability presented by the Law Offices of Melissa A','The monthly webinar series on basic NY workers’ compensation compensability presented by the Law Offices of Melissa A. Day has been an educational, approachable and insightful look into the cornerstones of our profession.','The monthly webinar series on basic NY workers’ compensation compensability presented by the Law Offices of Melissa A. Day has been an educational, approachable a',0,'2022-04-29 18:41:36','2022-04-29 18:41:36'),(842,48173,46512,'workers’ compensation compensability','The monthly webinar series on basic NY workers’ compensation compensability presented by the Law Offices of Melissa A','The monthly webinar series on basic NY <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 compensability</a> presented by the Law Offices of Melissa A','The monthly webinar series on basic NY workers’ compensation compensability presented by the Law Offices of Melissa A','The monthly webinar series on basic NY workers’ compensation compensability presented by the Law Offices of Melissa A. Day has been an educational, approachable and insightful look into the cornerstones of our profession.','The monthly webinar series on basic NY workers’ compensation compensability presented by the Law Offices of Melissa A. Day has been an educational, approachable a',0,'2022-04-29 18:41:36','2022-04-29 18:41:36'),(843,48173,46555,'workers’ compensation compensability','The monthly webinar series on basic NY workers’ compensation compensability presented by the Law Offices of Melissa A','The monthly webinar series on basic NY <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 compensability</a> presented by the Law Offices of Melissa A','The monthly webinar series on basic NY workers’ compensation compensability presented by the Law Offices of Melissa A','The monthly webinar series on basic NY workers’ compensation compensability presented by the Law Offices of Melissa A. Day has been an educational, approachable and insightful look into the cornerstones of our profession.','The monthly webinar series on basic NY workers’ compensation compensability presented by the Law Offices of Melissa A. Day has been an educational, approachable a',0,'2022-04-29 18:41:36','2022-04-29 18:41:36');

--
