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-- Table structure for table `cuB_aioseo_links_post_relationships`
--

CREATE TABLE `cuB_aioseo_links_post_relationships` (
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  `prioritized` tinyint(1) NOT NULL DEFAULT '0',
  `created` datetime NOT NULL,
  `updated` datetime NOT NULL,
  PRIMARY KEY (`id`),
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  KEY `ndx_aioseo_links_post_relationships_post_id` (`post_id`),
  KEY `ndx_aioseo_links_post_relationships_suggestion_post_id` (`suggestion_post_id`)
) ENGINE=InnoDB DEFAULT CHARSET=utf8mb4 COLLATE=utf8mb4_unicode_520_ci;

--
-- Dumping data for table `cuB_aioseo_links_post_relationships`
--


--
-- Table structure for table `cuB_aioseo_links_suggestions`
--

CREATE TABLE `cuB_aioseo_links_suggestions` (
  `id` bigint(20) unsigned NOT NULL AUTO_INCREMENT,
  `post_id` bigint(20) unsigned NOT NULL,
  `linked_post_id` bigint(20) unsigned NOT NULL,
  `anchor` text COLLATE utf8mb4_unicode_520_ci NOT NULL,
  `phrase` longtext COLLATE utf8mb4_unicode_520_ci NOT NULL,
  `phrase_html` longtext COLLATE utf8mb4_unicode_520_ci NOT NULL,
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  `paragraph` longtext COLLATE utf8mb4_unicode_520_ci NOT NULL,
  `paragraph_html` longtext COLLATE utf8mb4_unicode_520_ci NOT NULL,
  `dismissed` tinyint(1) NOT NULL DEFAULT '0',
  `created` datetime NOT NULL,
  `updated` datetime NOT NULL,
  PRIMARY KEY (`id`),
  KEY `ndx_aioseo_links_suggestions_post_id` (`post_id`),
  KEY `ndx_aioseo_links_suggestions_linked_post_id` (`linked_post_id`),
  KEY `ndx_aioseo_links_suggestions_phrase` (`phrase`(10))
) ENGINE=InnoDB AUTO_INCREMENT=844 DEFAULT CHARSET=utf8mb4 COLLATE=utf8mb4_unicode_520_ci;

--
-- Dumping data for table `cuB_aioseo_links_suggestions`
--

INSERT INTO `cuB_aioseo_links_suggestions` VALUES (1,46091,46350,'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,'2022-04-04 07:49:20','2022-04-04 07:49:20'),(2,46541,46383,'amendments to WCL §25-a with respect to its retroactive','I would expect further litigation in connection with the amendments to WCL §25-a with respect to its retroactive application once the amendment becomes effective on January 1, 2014','I would expect further litigation in connection with the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2019/05/amendments-to-2017-not-retroactive-if-ppd-claimant-was-not-attached-to-labor-market/\">amendments to WCL §25-a with respect to its retroactive</a> application once the amendment becomes effective on January 1, 2014','I would expect further litigation in connection with the amendments to WCL §25-a with respect to its retroactive application once the amendment becomes effective on January 1, 2014','I would expect further litigation in connection with the amendments to WCL §25-a with respect to its retroactive application once the amendment becomes effective on January 1, 2014. Given the language in the statute permitting an application for WCL-25-a relief to be filed for those claims which are ripe for adjudication of the issue prior to the effective date of the amendment, the legislature may have solved the retroactivity problem which was adjudicated in the decision of the Matter of Mills v.','I would expect further litigation in connection with the amendments to WCL §25-a with respect to its retroactive application once the amendment becomes effective on January 1, 2014.',0,'2022-04-04 07:49:23','2022-04-04 07:49:23'),(3,46345,46561,'claimant tried to say that she hadn’t disclosed','The claimant tried to say that she hadn’t disclosed the business because she didn’t think of it as her own business because she had “opened the business for her family” and her brother did the actual cleaning work, but she admitted that the business license was in her name, she had bought tickets to go out of state for training, she had purchased the products and rented storage space to store them, the commercial vehicle was in her name, and she was the only person who could access the business bank accounts','The <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 tried to say that she hadn’t disclosed</a> the business because she didn’t think of it as her own business because she had “opened the business for her family” and her brother did the actual cleaning work, but she admitted that the business license was in her name, she had bought tickets to go out of state for training, she had purchased the products and rented storage space to store them, the commercial vehicle was in her name, and she was the only person who could access the business bank accounts','The claimant tried to say that she hadn’t disclosed the business because she didn’t think of it as her own business because she had “opened the business for her family” and her brother did the actual cleaning work, but she admitted that the business license was in her name, she had bought tickets to go out of state for training, she had purchased the products and rented storage space to store them, the commercial vehicle was in her name, and she was the only person who could access the business bank accounts','We raised fraud.  The claimant tried to say that she hadn’t disclosed the business because she didn’t think of it as her own business because she had “opened the business for her family” and her brother did the actual cleaning work, but she admitted that the business license was in her name, she had bought tickets to go out of state for training, she had purchased the products and rented storage space to store them, the commercial vehicle was in her name, and she was the only person who could access the business bank accounts.  The judge implemented a lifetime ban. ','the claimant posted about her new carpet-cleaning business on Facebook, trying to drum up interest.  We went digging and were able to turn up further posts about a business the claimant started, which led us to a business license in her name.  Our investigators then set up a sting operation and were able to film the claimant engaging in work activities.  We raised fraud.  The claimant tried to say that she hadn’t disclosed the business because she didn’t think of it as her own business because she had “opened the business for her family” and her brother did the actual cleaning work, but she admitted that the business license was in her name, she had bought tickets to go out of state for training, she had purchased the products and rented storage space to store them, the commercial vehicle was in her name, and she was the only person who could access the business bank accounts.',0,'2022-04-04 07:49:28','2022-04-04 07:49:28'),(4,46345,46561,'claimant didn’t disclose','On another case, a claimant didn’t disclose that he was selling guns','On another case, a <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 didn’t disclose</a> that he was selling guns','On another case, a claimant didn’t disclose that he was selling guns','I was once involved in a case where we realized the claimant was working as a clown (no, I’m not kidding!) and although she tried to say it was therapeutic, her social media was full of posts advertising her various gigs and discussing her rates.  On another case, a claimant didn’t disclose that he was selling guns.  His social media was clean – but his wife’s Facebook posts were full of videos of the claimant and his family at gun shows, the claimant sitting behind a sales booth and demonstrating various guns for sale, sales advertisements, and directions to call the claimant’s cell phone to arrange appointments. ','one social media account, and most of us have several: Facebook, Instagram, TikTok, Twitter, the list goes on and grows by the day!  I was once involved in a case where we realized the claimant was working as a clown (no, I’m not kidding!) and although she tried to say it was therapeutic, her social media was full of posts advertising her various gigs and discussing her rates.  On another case, a claimant didn’t disclose that he was selling guns.  His social media was clean – but his wife’s Facebook posts were full of videos of the claimant and his family at gun shows, the claimant sitting behind a sales booth and demonstrating various guns',0,'2022-04-04 07:49:28','2022-04-04 07:49:28'),(5,46345,46371,'claimant engaging in work','Our investigators then set up a sting operation and were able to film the claimant engaging in work activities','Our investigators then set up a sting operation and were able to film 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 engaging in work</a> activities','Our investigators then set up a sting operation and were able to film the claimant engaging in work activities','We went digging and were able to turn up further posts about a business the claimant started, which led us to a business license in her name.  Our investigators then set up a sting operation and were able to film the claimant engaging in work activities.  We raised fraud. ','Our investigators then set up a sting operation and were able to film the claimant engaging in work activities.',0,'2022-04-04 07:49:28','2022-04-04 07:49:28'),(6,46331,46371,'claimant in this victory was working','It was undisputed that the claimant in this victory was working without restrictions at the time of her injury','It was undisputed 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 in this victory was working</a> without restrictions at the time of her injury','It was undisputed that the claimant in this victory was working without restrictions at the time of her injury','It was undisputed that the claimant in this victory was working without restrictions at the time of her injury.  She had to pass a physical demonstrating she was able to perform the job prior to being hired. ','It was undisputed that the claimant in this victory was working without restrictions at the time of her injury.',0,'2022-04-04 08:56:18','2022-04-04 08:56:18'),(7,46331,46371,'claimant eventually went out of work','The claimant eventually went out of work','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 eventually went out of work</a>','The claimant eventually went out of work','The claimant eventually went out of work.  After a hard-litigated controversy the claim was established but she was found unattached. ','The claimant eventually went out of work.  After a hard-litigated controversy the claim was established but she was found unattached.  She was required to demonstrate attachment, and in that attempt she produced a resume and gave testimony regarding her prior application for Social Security Disability.  The claimant testified she stopped working after her MVA and did not work again for five years until she started this new job.',0,'2022-04-04 08:56:18','2022-04-04 08:56:18'),(8,46331,46561,'claimant testified','The claimant testified she stopped working after her MVA and did not work again for five years until she started this new job','The <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> she stopped working after her MVA and did not work again for five years until she started this new job','The claimant testified she stopped working after her MVA and did not work again for five years until she started this new job','She was required to demonstrate attachment, and in that attempt she produced a resume and gave testimony regarding her prior application for Social Security Disability.  The claimant testified she stopped working after her MVA and did not work again for five years until she started this new job.','The claimant eventually went out of work.  After a hard-litigated controversy the claim was established but she was found unattached.  She was required to demonstrate attachment, and in that attempt she produced a resume and gave testimony regarding her prior application for Social Security Disability.  The claimant testified she stopped working after her MVA and did not work again for five years until she started this new job.',0,'2022-04-04 08:56:18','2022-04-04 08:56:18'),(9,46331,46422,'medical records clearly demonstrated no ongoing history of treatment','The medical records clearly demonstrated no ongoing history of treatment due to the earlier MVA','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 records clearly demonstrated no ongoing history of treatment</a> due to the earlier MVA','The medical records clearly demonstrated no ongoing history of treatment due to the earlier MVA','We obtained the medical records.  The medical records clearly demonstrated no ongoing history of treatment due to the earlier MVA.  We did not however, leave it at that.','the medical records.  The medical records clearly demonstrated no ongoing history of treatment due to the earlier MVA.',0,'2022-04-04 08:56:18','2022-04-04 08:56:18'),(10,46331,46422,'claimant indicated she did not have ongoing treatment','Furthermore, the claimant indicated she did not have ongoing treatment at the time of her Workers’ Compensation injury and was completely healed','Furthermore, the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2017/06/board-finds-that-medical-treatment-guidelines-apply-to-out-of-state-claimants/\">claimant indicated she did not have ongoing treatment</a> at the time of her Workers’ Compensation injury and was completely healed','Furthermore, the claimant indicated she did not have ongoing treatment at the time of her Workers’ Compensation injury and was completely healed','He felt that the claimant’s MVA five years before this instant injury was too far removed in time.  Furthermore, the claimant indicated she did not have ongoing treatment at the time of her Workers’ Compensation injury and was completely healed.  He indicated it was not relevant to her current disability.','Furthermore, the claimant indicated she did not have ongoing treatment at the time of her Workers’ Compensation injury and was completely healed.',0,'2022-04-04 08:56:18','2022-04-04 08:56:18'),(11,46331,46502,'medical records clearly demonstrated no ongoing history of treatment','The medical records clearly demonstrated no ongoing history of treatment due to the earlier MVA','The <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/11/non-acute-pain-medical-treatment-guidelines-offer-a-framework-for-controlling-costs-associated-with-chronic-pain-management-especially-opioid-use/\">medical records clearly demonstrated no ongoing history of treatment</a> due to the earlier MVA','The medical records clearly demonstrated no ongoing history of treatment due to the earlier MVA','We obtained the medical records.  The medical records clearly demonstrated no ongoing history of treatment due to the earlier MVA.  We did not however, leave it at that.','the medical records.  The medical records clearly demonstrated no ongoing history of treatment due to the earlier MVA.',0,'2022-04-04 08:56:18','2022-04-04 08:56:18'),(12,46331,46503,'medical records clearly demonstrated no ongoing history of treatment','The medical records clearly demonstrated no ongoing history of treatment due to the earlier MVA','The <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/11/in-kigin-v-wcb-the-court-of-appeals-upholds-the-presumption-that-treatment-outside-the-mtgs-is-not-medically-necessary-and-the-attending-physician-has-the-burden-of-proof-of-the-need-for-a-variance/\">medical records clearly demonstrated no ongoing history of treatment</a> due to the earlier MVA','The medical records clearly demonstrated no ongoing history of treatment due to the earlier MVA','We obtained the medical records.  The medical records clearly demonstrated no ongoing history of treatment due to the earlier MVA.  We did not however, leave it at that.','the medical records.  The medical records clearly demonstrated no ongoing history of treatment due to the earlier MVA.',0,'2022-04-04 08:56:18','2022-04-04 08:56:18'),(13,46331,46506,'medical records clearly demonstrated no ongoing history of treatment','The medical records clearly demonstrated no ongoing history of treatment due to the earlier MVA','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 records clearly demonstrated no ongoing history of treatment</a> due to the earlier MVA','The medical records clearly demonstrated no ongoing history of treatment due to the earlier MVA','We obtained the medical records.  The medical records clearly demonstrated no ongoing history of treatment due to the earlier MVA.  We did not however, leave it at that.','the medical records.  The medical records clearly demonstrated no ongoing history of treatment due to the earlier MVA.',0,'2022-04-04 08:56:18','2022-04-04 08:56:18'),(14,46331,46543,'medical records clearly demonstrated no ongoing history of treatment','The medical records clearly demonstrated no ongoing history of treatment due to the earlier MVA','The <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/07/did-you-know-the-third-department-holds-that-medical-treatment-which-is-not-specifically-included-in-the-mtg-is-presumptively-not-medically-necessary/\">medical records clearly demonstrated no ongoing history of treatment</a> due to the earlier MVA','The medical records clearly demonstrated no ongoing history of treatment due to the earlier MVA','We obtained the medical records.  The medical records clearly demonstrated no ongoing history of treatment due to the earlier MVA.  We did not however, leave it at that.','the medical records.  The medical records clearly demonstrated no ongoing history of treatment due to the earlier MVA.',0,'2022-04-04 08:56:18','2022-04-04 08:56:18'),(15,46331,46541,'obtained the claimant’s insurance','We also obtained the claimant’s insurance claim history','We also <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/\">obtained the claimant’s insurance</a> claim history','We also obtained the claimant’s insurance claim history','We also obtained the claimant’s insurance claim history.  From that we were able to determine that the claimant had over a dozen lawsuits due to injuries in the past few years. ','We also obtained the claimant’s insurance claim history.',0,'2022-04-04 08:56:18','2022-04-04 08:56:18'),(16,46331,46549,'disabled in a compensation sense based on the totality','We used all of her prior attachment testimony against her to demonstrate that she was disabled in a compensation sense based on the totality of the evidence','We used all of her prior attachment testimony against her to demonstrate that she was <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/\">disabled in a compensation sense based on the totality</a> of the evidence','We used all of her prior attachment testimony against her to demonstrate that she was disabled in a compensation sense based on the totality of the evidence','We argued that the standard was whether the claimant was disabled in a compensation sense.  We used all of her prior attachment testimony against her to demonstrate that she was disabled in a compensation sense based on the totality of the evidence.  The WCLJ found that 50% of the claim was unrelated.','we argued that the standard was not whether the claimant’s condition was active and symptomatic.  All evidence indicated it was not.  We argued that the standard was whether the claimant was disabled in a compensation sense.  We used all of her prior attachment testimony against her to demonstrate that she was disabled in a compensation sense based on the totality of the evidence.',0,'2022-04-04 08:56:18','2022-04-04 08:56:18'),(17,46331,46549,'claimant was disabled','We argued that the standard was whether the claimant was disabled in a compensation sense','We argued that the standard was whether 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 disabled</a> in a compensation sense','We argued that the standard was whether the claimant was disabled in a compensation sense','All evidence indicated it was not.  We argued that the standard was whether the claimant was disabled in a compensation sense.  We used all of her prior attachment testimony against her to demonstrate that she was disabled in a compensation sense based on the totality of the evidence. ','we argued that the standard was not whether the claimant’s condition was active and symptomatic.  All evidence indicated it was not.  We argued that the standard was whether the claimant was disabled in a compensation sense.  We used all of her prior attachment testimony against her to demonstrate that she was disabled in a compensation sense',0,'2022-04-04 08:56:18','2022-04-04 08:56:18'),(18,46331,46553,'disabled in a compensation sense based on the totality','We used all of her prior attachment testimony against her to demonstrate that she was disabled in a compensation sense based on the totality of the evidence','We used all of her prior attachment testimony against her to demonstrate that she was <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/\">disabled in a compensation sense based on the totality</a> of the evidence','We used all of her prior attachment testimony against her to demonstrate that she was disabled in a compensation sense based on the totality of the evidence','We argued that the standard was whether the claimant was disabled in a compensation sense.  We used all of her prior attachment testimony against her to demonstrate that she was disabled in a compensation sense based on the totality of the evidence.  The WCLJ found that 50% of the claim was unrelated.','we argued that the standard was not whether the claimant’s condition was active and symptomatic.  All evidence indicated it was not.  We argued that the standard was whether the claimant was disabled in a compensation sense.  We used all of her prior attachment testimony against her to demonstrate that she was disabled in a compensation sense based on the totality of the evidence.',0,'2022-04-04 08:56:18','2022-04-04 08:56:18'),(19,46331,46553,'claimant was disabled','We argued that the standard was whether the claimant was disabled in a compensation sense','We argued that the standard was 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/\">claimant was disabled</a> in a compensation sense','We argued that the standard was whether the claimant was disabled in a compensation sense','All evidence indicated it was not.  We argued that the standard was whether the claimant was disabled in a compensation sense.  We used all of her prior attachment testimony against her to demonstrate that she was disabled in a compensation sense based on the totality of the evidence. ','we argued that the standard was not whether the claimant’s condition was active and symptomatic.  All evidence indicated it was not.  We argued that the standard was whether the claimant was disabled in a compensation sense.  We used all of her prior attachment testimony against her to demonstrate that she was disabled in a compensation sense',0,'2022-04-04 08:56:18','2022-04-04 08:56:18'),(20,46436,46502,'opioid therapy is functional restoration – not merely pain','The goal of opioid therapy is functional restoration – not merely pain elimination','The goal of <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/11/non-acute-pain-medical-treatment-guidelines-offer-a-framework-for-controlling-costs-associated-with-chronic-pain-management-especially-opioid-use/\">opioid therapy is functional restoration – not merely pain</a> elimination','The goal of opioid therapy is functional restoration – not merely pain elimination','The Board also held that the Guideline’s standards of care require a multi-disciplinary approach to pain management that is function-oriented and goal-specific.  The goal of opioid therapy is functional restoration – not merely pain elimination.  The Board discussed that the NAP Guidelines provide that weaning from opioids can be done at a decrease of 10% per week without significant health risks to the claimant. ','The Board specifically indicated there was not enough evidence to demonstrate that Dr. Salcedo was transitioning this claimant’s care into the standards set forth within the NAP Guidelines.  The Board also held that the Guideline’s standards of care require a multi-disciplinary approach to pain management that is function-oriented and goal-specific.  The goal of opioid therapy is functional restoration – not merely pain elimination.',0,'2022-04-04 08:56:22','2022-04-04 08:56:22'),(21,46436,46502,'chronic opioid use and pain','Salcedo’s testimony was taken, and he indicated that the claimant had chronic opioid use and pain tolerance, along with dependency','Salcedo’s testimony was taken, and he indicated that the claimant had <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/\">chronic opioid use and pain</a> tolerance, along with dependency','Salcedo’s testimony was taken, and he indicated that the claimant had chronic opioid use and pain tolerance, along with dependency','Dr. Salcedo’s testimony was taken, and he indicated that the claimant had chronic opioid use and pain tolerance, along with dependency.  The doctor indicated he was in the process of weaning, but then described a generic plan to reduce the claimant’s intake.','Salcedo’s testimony was taken, and he indicated that the claimant had chronic opioid use and pain tolerance, along with dependency.',0,'2022-04-04 08:56:22','2022-04-04 08:56:22'),(22,46436,46502,'treatment facilities for addiction management','When rendering a final conclusion in this claim, they noted that the Office of Alcoholism and Substance Abuse Services in the State of New York provides a list of certified inpatient and outpatient treatment facilities for addiction management','When rendering a final conclusion in this claim, they noted that the Office of Alcoholism and Substance Abuse Services in the State of New York provides a list of certified inpatient and outpatient <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/11/non-acute-pain-medical-treatment-guidelines-offer-a-framework-for-controlling-costs-associated-with-chronic-pain-management-especially-opioid-use/\">treatment facilities for addiction management</a>','When rendering a final conclusion in this claim, they noted that the Office of Alcoholism and Substance Abuse Services in the State of New York provides a list of certified inpatient and outpatient treatment facilities for addiction management','When rendering a final conclusion in this claim, they noted that the Office of Alcoholism and Substance Abuse Services in the State of New York provides a list of certified inpatient and outpatient treatment facilities for addiction management.  They directed the carrier to cover the costs of the claimant addiction treatment program, 30 days’ worth of medication fill following the Decision, and payment for any narcotic prescription thereafter, only if written by an addiction treatment program provider.','When rendering a final conclusion in this claim, they noted that the Office of Alcoholism and Substance Abuse Services in the State of New York provides a list of certified inpatient and outpatient treatment facilities for addiction management.  They directed the carrier to cover the costs of the claimant addiction treatment program, 30 days’ worth of medication fill following the Decision, and payment for any narcotic prescription thereafter, only if written by an addiction treatment program provider.',0,'2022-04-04 08:56:22','2022-04-04 08:56:22'),(23,46436,46502,'cost of the addiction treatment','The Decision also indicates that once non-compliance with the NAP Guidelines has been found that Carriers are liable for the payment of one last time-specific fill, and only for scripts filled by an authorized addiction specialist thereafter, along with the cost of the addiction treatment program','The Decision also indicates that once non-compliance with the NAP Guidelines has been found that Carriers are liable for the payment of one last time-specific fill, and only for scripts filled by an authorized addiction specialist thereafter, along with the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/11/non-acute-pain-medical-treatment-guidelines-offer-a-framework-for-controlling-costs-associated-with-chronic-pain-management-especially-opioid-use/\">cost of the addiction treatment</a> program','The Decision also indicates that once non-compliance with the NAP Guidelines has been found that Carriers are liable for the payment of one last time-specific fill, and only for scripts filled by an authorized addiction specialist thereafter, along with the cost of the addiction treatment program','The Board is directing claimants to take action on behalf of themselves for their own care. The Decision also indicates that once non-compliance with the NAP Guidelines has been found that Carriers are liable for the payment of one last time-specific fill, and only for scripts filled by an authorized addiction specialist thereafter, along with the cost of the addiction treatment program.  Based on the language of this Decision, payment of the program and the scripts through the program, even if it is not a WC authorized provider, is required.','<li>The Board is directing claimants to take action on behalf of themselves for their own care. The Decision also indicates that once non-compliance with the NAP Guidelines has been found that Carriers are liable for the payment of one last time-specific fill, and only for scripts filled by an authorized addiction specialist thereafter, along with the cost of the addiction treatment program.  Based on the language of this Decision, payment of the program and the scripts through the program',0,'2022-04-04 08:56:22','2022-04-04 08:56:22'),(24,46436,46502,'pain management treatment','He had rotated through a number of pain management treatment providers with the most recent provider, Dr','He had rotated through a number of <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 management treatment</a> providers with the most recent provider, Dr','He had rotated through a number of pain management treatment providers with the most recent provider, Dr','He was also on opioid medications since the inception of the claim in 2002.  He had rotated through a number of pain management treatment providers with the most recent provider, Dr. Salcedo, starting treatment in 2011.','he claimant was classified with a permanent total disability. He was also on opioid medications since the inception of the claim in 2002.  He had rotated through a number of pain management treatment providers with the most recent provider, Dr.',0,'2022-04-04 08:56:22','2022-04-04 08:56:22'),(25,46436,46502,'opioid medications','He was also on opioid medications since the inception of the claim in 2002','He was also on <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/11/non-acute-pain-medical-treatment-guidelines-offer-a-framework-for-controlling-costs-associated-with-chronic-pain-management-especially-opioid-use/\">opioid medications</a> since the inception of the claim in 2002','He was also on opioid medications since the inception of the claim in 2002','Significantly, in this case the claimant was classified with a permanent total disability. He was also on opioid medications since the inception of the claim in 2002.  He had rotated through a number of pain management treatment providers with the most recent provider, Dr.','he claimant was classified with a permanent total disability. He was also on opioid medications since the inception of the claim in 2002.',0,'2022-04-04 08:56:22','2022-04-04 08:56:22'),(26,46436,46502,'opioid medications','While with this practice group, the claimant was rotated through numerous opioid medications with none providing any objective functional improvement in his condition','While with this practice group, the claimant was rotated through numerous <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/11/non-acute-pain-medical-treatment-guidelines-offer-a-framework-for-controlling-costs-associated-with-chronic-pain-management-especially-opioid-use/\">opioid medications</a> with none providing any objective functional improvement in his condition','While with this practice group, the claimant was rotated through numerous opioid medications with none providing any objective functional improvement in his condition','Salcedo, starting treatment in 2011. While with this practice group, the claimant was rotated through numerous opioid medications with none providing any objective functional improvement in his condition.  The claimant’s current medications were: Soma 250mg, Lunesta 3mg, Exalgo 16mg, Fentora 800mg, and Klonopin.','While with this practice group, the claimant was rotated through numerous opioid medications with none providing any objective functional improvement in his condition.',0,'2022-04-04 08:56:22','2022-04-04 08:56:22'),(27,46436,46502,'opioid medications','Salcedo sought authorization for Evzio, which temporarily reverses the side effects of opioid medications in situations of overdose','Salcedo sought authorization for Evzio, which temporarily reverses the side effects of <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/11/non-acute-pain-medical-treatment-guidelines-offer-a-framework-for-controlling-costs-associated-with-chronic-pain-management-especially-opioid-use/\">opioid medications</a> in situations of overdose','Salcedo sought authorization for Evzio, which temporarily reverses the side effects of opioid medications in situations of overdose','Interestingly, Dr. Salcedo sought authorization for Evzio, which temporarily reverses the side effects of opioid medications in situations of overdose.','Salcedo sought authorization for Evzio, which temporarily reverses the side effects of opioid medications in situations of overdose.',0,'2022-04-04 08:56:22','2022-04-04 08:56:22'),(28,46436,46502,'opioid medications','Salcedo recommended rotating the claimant’s opioid medications by shifting the claimant from Exalgo to Belbuca and then weaning the claimant off of Fentora','Salcedo recommended rotating the claimant’s <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/11/non-acute-pain-medical-treatment-guidelines-offer-a-framework-for-controlling-costs-associated-with-chronic-pain-management-especially-opioid-use/\">opioid medications</a> by shifting the claimant from Exalgo to Belbuca and then weaning the claimant off of Fentora','Salcedo recommended rotating the claimant’s opioid medications by shifting the claimant from Exalgo to Belbuca and then weaning the claimant off of Fentora','Thereafter, Dr. Salcedo recommended rotating the claimant’s opioid medications by shifting the claimant from Exalgo to Belbuca and then weaning the claimant off of Fentora.  The provider’s reasoning for the transition of medications was that the current regimen does not provide any functional gains.','Salcedo, starting treatment in 2011. While with this practice group, the claimant was rotated through numerous opioid medications with none providing any objective functional improvement in his condition.  The claimant’s current medications were: Soma 250mg, Lunesta 3mg, Exalgo 16mg, Fentora',0,'2022-04-04 08:56:22','2022-04-04 08:56:22'),(29,46436,46502,'pain management','The Board also held that the Guideline’s standards of care require a multi-disciplinary approach to pain management that is function-oriented and goal-specific','The Board also held that the Guideline’s standards of care require a multi-disciplinary approach to <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 management</a> that is function-oriented and goal-specific','The Board also held that the Guideline’s standards of care require a multi-disciplinary approach to pain management that is function-oriented and goal-specific','Salcedo was transitioning this claimant’s care into the standards set forth within the NAP Guidelines.  The Board also held that the Guideline’s standards of care require a multi-disciplinary approach to pain management that is function-oriented and goal-specific.  The goal of opioid therapy is functional restoration – not merely pain elimination. ','The Board specifically indicated there was not enough evidence to demonstrate that Dr. Salcedo was transitioning this claimant’s care into the standards set forth within the NAP Guidelines.  The Board also held that the Guideline’s standards of care require a multi-disciplinary approach to pain management that is function-oriented and goal-specific.',0,'2022-04-04 08:56:22','2022-04-04 08:56:22'),(30,46436,46342,'medications since the inception of the claim','He was also on opioid medications since the inception of the claim in 2002','He was also on opioid <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/05/claim-disallowance-with-unanimous-medical-opinion-giving-causal-relationship/\">medications since the inception of the claim</a> in 2002','He was also on opioid medications since the inception of the claim in 2002','Significantly, in this case the claimant was classified with a permanent total disability. He was also on opioid medications since the inception of the claim in 2002.  He had rotated through a number of pain management treatment providers with the most recent provider, Dr.','he claimant was classified with a permanent total disability. He was also on opioid medications since the inception of the claim in 2002.',0,'2022-04-04 08:56:22','2022-04-04 08:56:22'),(31,46436,46342,'opinion that the medications','Grammar, who reiterated his opinion that the medications deviated from the NAP Guidelines, and that weaning could take six to eight weeks, with prolonged weaning taking a period of six to eight months','Grammar, who reiterated his <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/05/claim-disallowance-with-unanimous-medical-opinion-giving-causal-relationship/\">opinion that the medications</a> deviated from the NAP Guidelines, and that weaning could take six to eight weeks, with prolonged weaning taking a period of six to eight months','Grammar, who reiterated his opinion that the medications deviated from the NAP Guidelines, and that weaning could take six to eight weeks, with prolonged weaning taking a period of six to eight months','An addendum was sought from Dr. Grammar, who reiterated his opinion that the medications deviated from the NAP Guidelines, and that weaning could take six to eight weeks, with prolonged weaning taking a period of six to eight months.','Grammar, who reiterated his opinion that the medications deviated from the NAP Guidelines, and that weaning could take six to eight weeks, with prolonged weaning taking a period of six to eight months.',0,'2022-04-04 08:56:22','2022-04-04 08:56:22'),(32,46436,46482,'pain management treatment','He had rotated through a number of pain management treatment providers with the most recent provider, Dr','He had rotated through a number of <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/08/non-acute-pain-treatment-guidelines/\">pain management treatment</a> providers with the most recent provider, Dr','He had rotated through a number of pain management treatment providers with the most recent provider, Dr','He was also on opioid medications since the inception of the claim in 2002.  He had rotated through a number of pain management treatment providers with the most recent provider, Dr. Salcedo, starting treatment in 2011.','he claimant was classified with a permanent total disability. He was also on opioid medications since the inception of the claim in 2002.  He had rotated through a number of pain management treatment providers with the most recent provider, Dr.',0,'2022-04-04 08:56:22','2022-04-04 08:56:22'),(33,46436,46422,'claimant was rotated through numerous opioid medications','While with this practice group, the claimant was rotated through numerous opioid medications with none providing any objective functional improvement in his condition','While with this practice group, the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2017/06/board-finds-that-medical-treatment-guidelines-apply-to-out-of-state-claimants/\">claimant was rotated through numerous opioid medications</a> with none providing any objective functional improvement in his condition','While with this practice group, the claimant was rotated through numerous opioid medications with none providing any objective functional improvement in his condition','Salcedo, starting treatment in 2011. While with this practice group, the claimant was rotated through numerous opioid medications with none providing any objective functional improvement in his condition.  The claimant’s current medications were: Soma 250mg, Lunesta 3mg, Exalgo 16mg, Fentora 800mg, and Klonopin.','While with this practice group, the claimant was rotated through numerous opioid medications with none providing any objective functional improvement in his condition.',0,'2022-04-04 08:56:22','2022-04-04 08:56:22'),(34,46436,46561,'testified that the claimant','He also testified that the claimant failed to demonstrate any functional gains','He also <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> failed to demonstrate any functional gains','He also testified that the claimant failed to demonstrate any functional gains','The doctor indicated he was in the process of weaning, but then described a generic plan to reduce the claimant’s intake. He also testified that the claimant failed to demonstrate any functional gains. The described plan was to circulate and rotate new opioids to determine claimant’s best functionality.','he indicated that the claimant had chronic opioid use and pain tolerance, along with dependency.  The doctor indicated he was in the process of weaning, but then described a generic plan to reduce the claimant’s intake. He also testified that the claimant failed to demonstrate any functional gains.',0,'2022-04-04 08:56:22','2022-04-04 08:56:22'),(35,46436,46553,'claimant failed to demonstrate any functional','He also testified that the claimant failed to demonstrate any functional gains','He also testified that 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 failed to demonstrate any functional</a> gains','He also testified that the claimant failed to demonstrate any functional gains','The doctor indicated he was in the process of weaning, but then described a generic plan to reduce the claimant’s intake. He also testified that the claimant failed to demonstrate any functional gains. The described plan was to circulate and rotate new opioids to determine claimant’s best functionality.','he indicated that the claimant had chronic opioid use and pain tolerance, along with dependency.  The doctor indicated he was in the process of weaning, but then described a generic plan to reduce the claimant’s intake. He also testified that the claimant failed to demonstrate any functional gains.',0,'2022-04-04 08:56:22','2022-04-04 08:56:22'),(36,46436,46553,'functional improvement','The basis for this appeal was that opioid rotation was inappropriate in the absence of objective functional improvement from the use of opioid medications','The basis for this appeal was that opioid rotation was inappropriate in the absence 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/\">functional improvement</a> from the use of opioid medications','The basis for this appeal was that opioid rotation was inappropriate in the absence of objective functional improvement from the use of opioid medications','Again, an appeal of this decision was filed. The basis for this appeal was that opioid rotation was inappropriate in the absence of objective functional improvement from the use of opioid medications.','the claimant was classified with a permanent total disability. He was also on opioid medications since the inception of the claim in 2002.  He had rotated through a number of pain management treatment providers with the most recent provider, Dr. Salcedo, starting treatment in 2011. While with this practice group, the claimant was rotated through numerous opioid medications with none providing any objective functional improvement in his condition.  The claimant’s current medications',0,'2022-04-04 08:56:22','2022-04-04 08:56:22'),(37,46436,46369,'review of the facts','After a thorough review of the facts of both appeals, the Board noted, importantly, that long term opioid users, although given the protection of Subject Number 046 – 457, were still required to come into compliance with the NAP Guidelines','After a thorough <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/02/no-error-of-law-or-fact-in-an-application-for-full-board-review/\">review of the facts</a> of both appeals, the Board noted, importantly, that long term opioid users, although given the protection of Subject Number 046 – 457, were still required to come into compliance with the NAP Guidelines','After a thorough review of the facts of both appeals, the Board noted, importantly, that long term opioid users, although given the protection of Subject Number 046 – 457, were still required to come into compliance with the NAP Guidelines','After a thorough review of the facts of both appeals, the Board noted, importantly, that long term opioid users, although given the protection of Subject Number 046 – 457, were still required to come into compliance with the NAP Guidelines.  The Board specifically held that the Subject Number and the Guidelines are not in conflict with each other, but rather the Guidelines make clear that the goal for long-term opioid users is to be transitioned into the standards of care set forth within the NAP Guidelines.','After a thorough review of the facts of both appeals, the Board noted, importantly, that long term opioid users, although given the protection of Subject Number 046 – 457, were still required to come into compliance with the NAP Guidelines.  The Board specifically held that the Subject Number and the Guidelines are not in conflict with each other, but rather the Guidelines make clear that the goal for long-term opioid users is to be transitioned into the standards of care set forth within the NAP Guidelines.',0,'2022-04-04 08:56:22','2022-04-04 08:56:22'),(38,46436,46543,'specifically found the claimant’s current medications','The Board specifically found the claimant’s current medications were not in compliance with NAP Guidelines, that any further opioid use must be consistent with the NAP Guidelines, and that compliance must be insured through urine screening','The Board <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 found the claimant’s current medications</a> were not in compliance with NAP Guidelines, that any further opioid use must be consistent with the NAP Guidelines, and that compliance must be insured through urine screening','The Board specifically found the claimant’s current medications were not in compliance with NAP Guidelines, that any further opioid use must be consistent with the NAP Guidelines, and that compliance must be insured through urine screening','The Board specifically found the claimant’s current medications were not in compliance with NAP Guidelines, that any further opioid use must be consistent with the NAP Guidelines, and that compliance must be insured through urine screening.','The Board specifically found the claimant’s current medications were not in compliance with NAP Guidelines, that any further opioid use must be consistent with the NAP Guidelines, and that compliance must be insured through urine screening.',0,'2022-04-04 08:56:22','2022-04-04 08:56:22'),(39,46423,46236,'case law','existing case law on TID, nor a claimant’s right to obtain such a status','existing <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/client-resources/case-law-updates-lomad-case-law-updates/\">case law</a> on TID, nor a claimant’s right to obtain such a status','existing case law on TID, nor a claimant’s right to obtain such a status','Notably too, §35(2) states specifically that no provision of the section shall be read to “derogate or impair”  existing case law on TID, nor a claimant’s right to obtain such a status.','existing case law on TID, nor a claimant’s right to obtain such a status.',0,'2022-04-04 08:56:23','2022-04-04 08:56:23'),(40,46423,46236,'case law','In addition, this section incorporates existing case law on total industrial disability','In addition, this section incorporates existing <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/client-resources/case-law-updates-lomad-case-law-updates/\">case law</a> on total industrial disability','In addition, this section incorporates existing case law on total industrial disability','Section 35 requires the Commissioner of Labor to survey and recommend best practices for return-to-work programs. In addition, this section incorporates existing case law on total industrial disability. For those with loss of wage earning capacity of 80 percent or greater, the bill additionally allows claimants to seek an exemption on extreme hardship grounds.','In addition, this section incorporates existing case law on total industrial disability.',0,'2022-04-04 08:56:23','2022-04-04 08:56:23'),(41,46423,46374,'claims after 2007 –','The effect of this amendment is unknown because the panel has reported no cases discussing such a redetermination, and it is fair to assume, based on the age of the amendment, that cases are not yet, or only just now, becoming ripe on this issue (the cap is 8.65 years, and LWEC, and §35, apply for all claims after 2007 – so allowing for time for treatment, surgery, etc, plus the litigation time for classification, in theory, 81% claimants may just now be approaching the end of their caps.)','The effect of this amendment is unknown because the panel has reported no cases discussing such a redetermination, and it is fair to assume, based on the age of the amendment, that cases are not yet, or only just now, becoming ripe on this issue (the cap is 8.65 years, and LWEC, and §35, apply for all <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 after 2007 –</a> so allowing for time for treatment, surgery, etc, plus the litigation time for classification, in theory, 81% claimants may just now be approaching the end of their caps.)','The effect of this amendment is unknown because the panel has reported no cases discussing such a redetermination, and it is fair to assume, based on the age of the amendment, that cases are not yet, or only just now, becoming ripe on this issue (the cap is 8.65 years, and LWEC, and §35, apply for all claims after 2007 – so allowing for time for treatment, surgery, etc, plus the litigation time for classification, in theory, 81% claimants may just now be approaching the end of their caps.)','The effect of this amendment is unknown because the panel has reported no cases discussing such a redetermination, and it is fair to assume, based on the age of the amendment, that cases are not yet, or only just now, becoming ripe on this issue (the cap is 8.65 years, and LWEC, and §35, apply for all claims after 2007 – so allowing for time for treatment, surgery, etc, plus the litigation time for classification, in theory, 81% claimants may just now be approaching the end of their caps.)','The effect of this amendment is unknown because the panel has reported no cases discussing such a redetermination, and it is fair to assume, based on the age of the amendment, that cases are not yet, or only just now, becoming ripe on this issue (the cap is 8.65 years, and LWEC, and §35, apply for all claims after 2007 – so allowing for time for treatment, surgery, etc, plus the litigation time for classification, in theory, 81% claimants may just now be approaching the end of their caps.',0,'2022-04-04 08:56:23','2022-04-04 08:56:23'),(42,46423,46421,'claims after 2007 –','The effect of this amendment is unknown because the panel has reported no cases discussing such a redetermination, and it is fair to assume, based on the age of the amendment, that cases are not yet, or only just now, becoming ripe on this issue (the cap is 8.65 years, and LWEC, and §35, apply for all claims after 2007 – so allowing for time for treatment, surgery, etc, plus the litigation time for classification, in theory, 81% claimants may just now be approaching the end of their caps.)','The effect of this amendment is unknown because the panel has reported no cases discussing such a redetermination, and it is fair to assume, based on the age of the amendment, that cases are not yet, or only just now, becoming ripe on this issue (the cap is 8.65 years, and LWEC, and §35, apply for all <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/\">claims after 2007 –</a> so allowing for time for treatment, surgery, etc, plus the litigation time for classification, in theory, 81% claimants may just now be approaching the end of their caps.)','The effect of this amendment is unknown because the panel has reported no cases discussing such a redetermination, and it is fair to assume, based on the age of the amendment, that cases are not yet, or only just now, becoming ripe on this issue (the cap is 8.65 years, and LWEC, and §35, apply for all claims after 2007 – so allowing for time for treatment, surgery, etc, plus the litigation time for classification, in theory, 81% claimants may just now be approaching the end of their caps.)','The effect of this amendment is unknown because the panel has reported no cases discussing such a redetermination, and it is fair to assume, based on the age of the amendment, that cases are not yet, or only just now, becoming ripe on this issue (the cap is 8.65 years, and LWEC, and §35, apply for all claims after 2007 – so allowing for time for treatment, surgery, etc, plus the litigation time for classification, in theory, 81% claimants may just now be approaching the end of their caps.)','The effect of this amendment is unknown because the panel has reported no cases discussing such a redetermination, and it is fair to assume, based on the age of the amendment, that cases are not yet, or only just now, becoming ripe on this issue (the cap is 8.65 years, and LWEC, and §35, apply for all claims after 2007 – so allowing for time for treatment, surgery, etc, plus the litigation time for classification, in theory, 81% claimants may just now be approaching the end of their caps.',0,'2022-04-04 08:56:23','2022-04-04 08:56:23'),(43,46423,46503,'proof including the possibility of medical','Considering those few examples (we are sure there are more, but this is a quick review of low-hanging fruit) we would argue that the claimant’s burden should meet several tests/factors like those above, and that the claimant be required to produce vocational data, and some other corroborating proof including the possibility of medical evidence reflecting a deterioration, to establish entitlement','Considering those few examples (we are sure there are more, but this is a quick review of low-hanging fruit) we would argue that the claimant’s burden should meet several tests/factors like those above, and that the claimant be required to produce vocational data, and some other corroborating <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 including the possibility of medical</a> evidence reflecting a deterioration, to establish entitlement','Considering those few examples (we are sure there are more, but this is a quick review of low-hanging fruit) we would argue that the claimant’s burden should meet several tests/factors like those above, and that the claimant be required to produce vocational data, and some other corroborating proof including the possibility of medical evidence reflecting a deterioration, to establish entitlement','Considering those few examples (we are sure there are more, but this is a quick review of low-hanging fruit) we would argue that the claimant’s burden should meet several tests/factors like those above, and that the claimant be required to produce vocational data, and some other corroborating proof including the possibility of medical evidence reflecting a deterioration, to establish entitlement.  Our analysis reflects that financial hardship will be a threshold test.','Considering those few examples (we are sure there are more, but this is a quick review of low-hanging fruit) we would argue that the claimant’s burden should meet several tests/factors like those above, and that the claimant be required to produce vocational data, and some other corroborating proof including the possibility of medical evidence reflecting a deterioration, to establish entitlement.',0,'2022-04-04 08:56:23','2022-04-04 08:56:23'),(44,46423,46503,'burden of proof','From our view, we think the two clearest factors of relevance are the (1) timing of the application and (2) burden of proof resting on the claimant','From our view, we think the two clearest factors of relevance are the (1) timing of the application and (2) <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> resting on the claimant','From our view, we think the two clearest factors of relevance are the (1) timing of the application and (2) burden of proof resting on the claimant','In our opinion, §35(3) is going to have many of the same growing pains that the rest of the reforms have had.  From our view, we think the two clearest factors of relevance are the (1) timing of the application and (2) burden of proof resting on the claimant.  Reading the statute, we think any application made after the caps expire is late and thus not actionable. ','From our view, we think the two clearest factors of relevance are the (1) timing of the application and (2) burden of proof resting on the claimant.  Reading the statute, we think any application made after the caps expire is late and thus not actionable.  Further, we think it will be up to the claimant',0,'2022-04-04 08:56:23','2022-04-04 08:56:23'),(45,46423,46420,'section incorporates existing case','In addition, this section incorporates existing case law on total industrial disability','In addition, this <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2017/10/court-of-appeals-upholds-2013-amendment-to-section-25-a-marking-the-end-for-the-fund-for-reopened-cases/\">section incorporates existing case</a> law on total industrial disability','In addition, this section incorporates existing case law on total industrial disability','Section 35 requires the Commissioner of Labor to survey and recommend best practices for return-to-work programs. In addition, this section incorporates existing case law on total industrial disability. For those with loss of wage earning capacity of 80 percent or greater, the bill additionally allows claimants to seek an exemption on extreme hardship grounds.','In addition, this section incorporates existing case law on total industrial disability.',0,'2022-04-04 08:56:23','2022-04-04 08:56:23'),(46,46423,46504,'loss of wage earning capacity','For those with loss of wage earning capacity of 80 percent or greater, the bill additionally allows claimants to seek an exemption on extreme hardship grounds','For those with <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/\">loss of wage earning capacity</a> of 80 percent or greater, <strong>the bill additionally allows claimants to seek an exemption on extreme hardship grounds','For those with loss of wage earning capacity of 80 percent or greater, <strong>the bill additionally allows claimants to seek an exemption on extreme hardship grounds','In addition, this section incorporates existing case law on total industrial disability. For those with loss of wage earning capacity of 80 percent or greater, the bill additionally allows claimants to seek an exemption on extreme hardship grounds. This provision provides an exemption for extreme financial hardship, while allowing judges to take into account factors in addition to claimants’ income and other available resources.','for permanent partial disability claimants who surpass their number of maximum benefit weeks. Section 35 requires the Commissioner of Labor to survey and recommend best practices for return-to-work programs. In addition, this section incorporates existing case law on total industrial disability. For those with loss of wage earning capacity of 80 percent or greater, <strong>the bill additionally allows claimants to seek an exemption on extreme hardship grounds.',0,'2022-04-04 08:56:23','2022-04-04 08:56:23'),(47,46423,46509,'loss of wage earning capacity','For those with loss of wage earning capacity of 80 percent or greater, the bill additionally allows claimants to seek an exemption on extreme hardship grounds','For those with <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/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 80 percent or greater, <strong>the bill additionally allows claimants to seek an exemption on extreme hardship grounds','For those with loss of wage earning capacity of 80 percent or greater, <strong>the bill additionally allows claimants to seek an exemption on extreme hardship grounds','In addition, this section incorporates existing case law on total industrial disability. For those with loss of wage earning capacity of 80 percent or greater, the bill additionally allows claimants to seek an exemption on extreme hardship grounds. This provision provides an exemption for extreme financial hardship, while allowing judges to take into account factors in addition to claimants’ income and other available resources.','for permanent partial disability claimants who surpass their number of maximum benefit weeks. Section 35 requires the Commissioner of Labor to survey and recommend best practices for return-to-work programs. In addition, this section incorporates existing case law on total industrial disability. For those with loss of wage earning capacity of 80 percent or greater, <strong>the bill additionally allows claimants to seek an exemption on extreme hardship grounds.',0,'2022-04-04 08:56:23','2022-04-04 08:56:23'),(48,46423,46549,'bill additionally allows claimants','For those with loss of wage earning capacity of 80 percent or greater, the bill additionally allows claimants to seek an exemption on extreme hardship grounds','For those with loss of wage earning capacity of 80 percent or greater, <strong>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/\">bill additionally allows claimants</a> to seek an exemption on extreme hardship grounds','For those with loss of wage earning capacity of 80 percent or greater, <strong>the bill additionally allows claimants to seek an exemption on extreme hardship grounds','In addition, this section incorporates existing case law on total industrial disability. For those with loss of wage earning capacity of 80 percent or greater, the bill additionally allows claimants to seek an exemption on extreme hardship grounds. This provision provides an exemption for extreme financial hardship, while allowing judges to take into account factors in addition to claimants’ income and other available resources.','for permanent partial disability claimants who surpass their number of maximum benefit weeks. Section 35 requires the Commissioner of Labor to survey and recommend best practices for return-to-work programs. In addition, this section incorporates existing case law on total industrial disability. For those with loss of wage earning capacity of 80 percent or greater, <strong>the bill additionally allows claimants to seek an exemption on extreme hardship grounds.',0,'2022-04-04 08:56:23','2022-04-04 08:56:23'),(49,46423,46549,'permanently partially disabled','This provision provides an exemption for extreme financial hardship, while allowing judges to take into account factors in addition to claimants’ income and other available resources. Finally, the Commissioner of Labor is directed to track those who are classified as permanently partially disabled over time','This provision provides an exemption for extreme financial hardship, while allowing judges to take into account factors in addition to claimants’ income and other available resources.</strong> Finally, the Commissioner of Labor is directed to track those who are classified as <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/\">permanently partially disabled</a> over time','This provision provides an exemption for extreme financial hardship, while allowing judges to take into account factors in addition to claimants’ income and other available resources.</strong> Finally, the Commissioner of Labor is directed to track those who are classified as permanently partially disabled over time','This provision provides an exemption for extreme financial hardship, while allowing judges to take into account factors in addition to claimants’ income and other available resources. Finally, the Commissioner of Labor is directed to track those who are classified as permanently partially disabled over time','this section incorporates existing case law on total industrial disability. For those with loss of wage earning capacity of 80 percent or greater, <strong>the bill additionally allows claimants to seek an exemption on extreme hardship grounds. This provision provides an exemption for extreme financial hardship, while allowing judges to take into account factors in addition to claimants’ income and other available resources.</strong> Finally, the Commissioner of Labor is directed to track those who are classified as permanently partially disabled over time.',0,'2022-04-04 08:56:23','2022-04-04 08:56:23'),(50,46423,46372,'change in medical condition, non-occupational medical conditions,','This makes us believe the inquiry will look at the claimant’s financial status which seems to be a necessary component of proving an entitlement to the safety net but that “factors in addition to claimants’ income and other available resources”, such as change in medical condition, non-occupational medical conditions, aging and other factors can also be considered in proving “extreme hardship.”','This makes us believe the inquiry will look at the claimant’s financial status which seems to be a necessary component of proving an entitlement to the safety net but that “factors in addition to claimants’ income and other available resources”, such as <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 medical condition, non-occupational medical conditions,</a> aging and other factors can also be considered in proving “extreme hardship.”','This makes us believe the inquiry will look at the claimant’s financial status which seems to be a necessary component of proving an entitlement to the safety net but that “factors in addition to claimants’ income and other available resources”, such as change in medical condition, non-occupational medical conditions, aging and other factors can also be considered in proving “extreme hardship.”','This makes us believe the inquiry will look at the claimant’s financial status which seems to be a necessary component of proving an entitlement to the safety net but that “factors in addition to claimants’ income and other available resources”, such as change in medical condition, non-occupational medical conditions, aging and other factors can also be considered in proving “extreme hardship.”','This makes us believe the inquiry will look at the claimant’s financial status which seems to be a necessary component of proving an entitlement to the safety net but that “factors in addition to claimants’ income and other available resources”, such as change in medical condition, non-occupational medical conditions, aging and other factors can also be considered in proving “extreme hardship.”',0,'2022-04-04 08:56:23','2022-04-04 08:56:23'),(51,46423,46511,'defense and shaping the application','Looking to way other laws have used that term may be useful in preparing a defense and shaping the application of the law in terms of developing favorable case law driven factors','Looking to way other laws have used that term may be useful in preparing 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/\">defense and shaping the application</a> of the law in terms of developing favorable case law driven factors','Looking to way other laws have used that term may be useful in preparing a defense and shaping the application of the law in terms of developing favorable case law driven factors','Looking to way other laws have used that term may be useful in preparing a defense and shaping the application of the law in terms of developing favorable case law driven factors.  “Extreme hardship” is used in immigration law, and those courts have rejected “common results” of deportation as extreme hardship saying that the to qualify, the results would need to be unusual or beyond what would normally be expected. ','Looking to way other laws have used that term may be useful in preparing a defense and shaping the application of the law in terms of developing favorable case law driven factors.',0,'2022-04-04 08:56:23','2022-04-04 08:56:23'),(52,46423,46344,'claimant’s burden','Considering those few examples (we are sure there are more, but this is a quick review of low-hanging fruit) we would argue that the claimant’s burden should meet several tests/factors like those above, and that the claimant be required to produce vocational data, and some other corroborating proof including the possibility of medical evidence reflecting a deterioration, to establish entitlement','Considering those few examples (we are sure there are more, but this is a quick review of low-hanging fruit) we would argue that 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> should meet several tests/factors like those above, and that the claimant be required to produce vocational data, and some other corroborating proof including the possibility of medical evidence reflecting a deterioration, to establish entitlement','Considering those few examples (we are sure there are more, but this is a quick review of low-hanging fruit) we would argue that the claimant’s burden should meet several tests/factors like those above, and that the claimant be required to produce vocational data, and some other corroborating proof including the possibility of medical evidence reflecting a deterioration, to establish entitlement','Considering those few examples (we are sure there are more, but this is a quick review of low-hanging fruit) we would argue that the claimant’s burden should meet several tests/factors like those above, and that the claimant be required to produce vocational data, and some other corroborating proof including the possibility of medical evidence reflecting a deterioration, to establish entitlement.  Our analysis reflects that financial hardship will be a threshold test.','Considering those few examples (we are sure there are more, but this is a quick review of low-hanging fruit) we would argue that the claimant’s burden should meet several tests/factors like those above, and that the claimant be required to produce vocational data, and some other corroborating proof including the possibility of medical evidence reflecting a deterioration, to establish entitlement.',0,'2022-04-04 08:56:23','2022-04-04 08:56:23'),(53,46423,46543,'including the possibility of medical','Considering those few examples (we are sure there are more, but this is a quick review of low-hanging fruit) we would argue that the claimant’s burden should meet several tests/factors like those above, and that the claimant be required to produce vocational data, and some other corroborating proof including the possibility of medical evidence reflecting a deterioration, to establish entitlement','Considering those few examples (we are sure there are more, but this is a quick review of low-hanging fruit) we would argue that the claimant’s burden should meet several tests/factors like those above, and that the claimant be required to produce vocational data, and some other corroborating proof <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/\">including the possibility of medical</a> evidence reflecting a deterioration, to establish entitlement','Considering those few examples (we are sure there are more, but this is a quick review of low-hanging fruit) we would argue that the claimant’s burden should meet several tests/factors like those above, and that the claimant be required to produce vocational data, and some other corroborating proof including the possibility of medical evidence reflecting a deterioration, to establish entitlement','Considering those few examples (we are sure there are more, but this is a quick review of low-hanging fruit) we would argue that the claimant’s burden should meet several tests/factors like those above, and that the claimant be required to produce vocational data, and some other corroborating proof including the possibility of medical evidence reflecting a deterioration, to establish entitlement.  Our analysis reflects that financial hardship will be a threshold test.','Considering those few examples (we are sure there are more, but this is a quick review of low-hanging fruit) we would argue that the claimant’s burden should meet several tests/factors like those above, and that the claimant be required to produce vocational data, and some other corroborating proof including the possibility of medical evidence reflecting a deterioration, to establish entitlement.',0,'2022-04-04 08:56:23','2022-04-04 08:56:23'),(54,46423,46340,'medical evidence','Considering those few examples (we are sure there are more, but this is a quick review of low-hanging fruit) we would argue that the claimant’s burden should meet several tests/factors like those above, and that the claimant be required to produce vocational data, and some other corroborating proof including the possibility of medical evidence reflecting a deterioration, to establish entitlement','Considering those few examples (we are sure there are more, but this is a quick review of low-hanging fruit) we would argue that the claimant’s burden should meet several tests/factors like those above, and that the claimant be required to produce vocational data, and some other corroborating proof including the possibility of <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/07/pain-is-not-enough-for-prima-facie-medical-evidence/\">medical evidence</a> reflecting a deterioration, to establish entitlement','Considering those few examples (we are sure there are more, but this is a quick review of low-hanging fruit) we would argue that the claimant’s burden should meet several tests/factors like those above, and that the claimant be required to produce vocational data, and some other corroborating proof including the possibility of medical evidence reflecting a deterioration, to establish entitlement','Considering those few examples (we are sure there are more, but this is a quick review of low-hanging fruit) we would argue that the claimant’s burden should meet several tests/factors like those above, and that the claimant be required to produce vocational data, and some other corroborating proof including the possibility of medical evidence reflecting a deterioration, to establish entitlement.  Our analysis reflects that financial hardship will be a threshold test.','Considering those few examples (we are sure there are more, but this is a quick review of low-hanging fruit) we would argue that the claimant’s burden should meet several tests/factors like those above, and that the claimant be required to produce vocational data, and some other corroborating proof including the possibility of medical evidence reflecting a deterioration, to establish entitlement.',0,'2022-04-04 08:56:23','2022-04-04 08:56:23'),(56,46129,46387,'board – from workers’ compensation','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 paralegal and legal assistant across the legal <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/\">board – from workers’ compensation</a> 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,'2022-04-04 10:15:44','2022-04-04 10:15:44'),(57,46129,46508,'board – from workers’ compensation','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 paralegal and legal assistant across the legal <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/12/did-you-know-the-board-has-retired-the-concept-of-the-compensable-retirement-the-death-knell-of-the-trifecta-zamora-and-the-so-called-compensable-retirement/\">board – from workers’ compensation</a> 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,'2022-04-04 10:15:44','2022-04-04 10:15:44'),(58,46129,46512,'board – from workers’ compensation','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 paralegal and legal assistant across the legal <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/\">board – from workers’ compensation</a> 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,'2022-04-04 10:15:44','2022-04-04 10:15:44'),(59,46129,46555,'board – from workers’ compensation','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 paralegal and legal assistant across the legal <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/\">board – from workers’ compensation</a> 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,'2022-04-04 10:15:44','2022-04-04 10:15:44'),(60,46129,46421,'– from workers’ compensation','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 paralegal and legal assistant across the legal board <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/\">– from workers’ compensation</a> 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,'2022-04-04 10:15:44','2022-04-04 10:15:44'),(61,46129,46486,'workers’ compensation','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 paralegal and legal assistant across the legal board – from <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/08/test-your-ny-workers-compensation-chops/\">workers’ compensation</a> 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,'2022-04-04 10:15:44','2022-04-04 10:15:44'),(62,46351,46371,'– the phrase literally includes the work','The funny part is, the term “Think Tank” is packed with undertones of scholarship – the phrase literally includes the work “think”','The funny part is, the term “Think Tank” is packed with undertones of scholarship <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/\">– the phrase literally includes the work</a> “think”','The funny part is, the term “Think Tank” is packed with undertones of scholarship – the phrase literally includes the work “think”','The funny part is, the term “Think Tank” is packed with undertones of scholarship – the phrase literally includes the work “think”!  In that limited sense, Law Firms should be assessed by their clients in this way – does a ','The funny part is, the term “Think Tank” is packed with undertones of scholarship – the phrase literally includes the work “think”!',0,'2022-04-04 10:15:49','2022-04-04 10:15:49'),(63,46351,46512,'– the phrase literally includes','The funny part is, the term “Think Tank” is packed with undertones of scholarship – the phrase literally includes the work “think”','The funny part is, the term “Think Tank” is packed with undertones of scholarship <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/\">– the phrase literally includes</a> the work “think”','The funny part is, the term “Think Tank” is packed with undertones of scholarship – the phrase literally includes the work “think”','The funny part is, the term “Think Tank” is packed with undertones of scholarship – the phrase literally includes the work “think”!  In that limited sense, Law Firms should be assessed by their clients in this way – does a ','The funny part is, the term “Think Tank” is packed with undertones of scholarship – the phrase literally includes the work “think”!',0,'2022-04-04 10:15:49','2022-04-04 10:15:49'),(64,46478,46511,'carrier if the employer','An employer…shall file with the..board and with the carrier if the employer is insured, upon a form prescribed by the chair, a report of any accident resulting in personal injury which has caused or will cause a loss of time from regular duties of one day beyond the working day or shift on which the accident occurred, or which has required or will require medical treatment beyond ordinary first aid or more than two treatments by a person rendering first aid…','An employer…shall file with the..board and with 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/\">carrier if the employer</a> is insured, upon a form prescribed by the chair, a report of any accident resulting in personal injury which has caused or will cause a loss of time from regular duties of one day beyond the working day or shift on which the accident occurred, or which has required or will require medical treatment beyond ordinary first aid or more than two treatments by a person rendering first aid…','An employer…shall file with the..board and with the carrier if the employer is insured, upon a form prescribed by the chair, a report of any accident resulting in personal injury which has caused or will cause a loss of time from regular duties of one day beyond the working day or shift on which the accident occurred, or which has required or will require medical treatment beyond ordinary first aid or more than two treatments by a person rendering first aid…','An employer…shall file with the..board and with the carrier if the employer is insured, upon a form prescribed by the chair, a report of any accident resulting in personal injury which has caused or will cause a loss of time from regular duties of one day beyond the working day or shift on which the accident occurred, or which has required or will require medical treatment beyond ordinary first aid or more than two treatments by a person rendering first aid…','An employer…shall file with the..board and with the carrier if the employer is insured, upon a form prescribed by the chair, a report of any accident resulting in personal injury which has caused or will cause a loss of time from regular duties of one day beyond the working day or shift on which the accident occurred, or which has required or will require medical treatment beyond ordinary first aid or more than two treatments by a person rendering first aid…',0,'2022-04-04 11:42:43','2022-04-04 11:42:43'),(65,46478,46546,'carrier if the employer','An employer…shall file with the..board and with the carrier if the employer is insured, upon a form prescribed by the chair, a report of any accident resulting in personal injury which has caused or will cause a loss of time from regular duties of one day beyond the working day or shift on which the accident occurred, or which has required or will require medical treatment beyond ordinary first aid or more than two treatments by a person rendering first aid…','An employer…shall file with the..board and with 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 if the employer</a> is insured, upon a form prescribed by the chair, a report of any accident resulting in personal injury which has caused or will cause a loss of time from regular duties of one day beyond the working day or shift on which the accident occurred, or which has required or will require medical treatment beyond ordinary first aid or more than two treatments by a person rendering first aid…','An employer…shall file with the..board and with the carrier if the employer is insured, upon a form prescribed by the chair, a report of any accident resulting in personal injury which has caused or will cause a loss of time from regular duties of one day beyond the working day or shift on which the accident occurred, or which has required or will require medical treatment beyond ordinary first aid or more than two treatments by a person rendering first aid…','An employer…shall file with the..board and with the carrier if the employer is insured, upon a form prescribed by the chair, a report of any accident resulting in personal injury which has caused or will cause a loss of time from regular duties of one day beyond the working day or shift on which the accident occurred, or which has required or will require medical treatment beyond ordinary first aid or more than two treatments by a person rendering first aid…','An employer…shall file with the..board and with the carrier if the employer is insured, upon a form prescribed by the chair, a report of any accident resulting in personal injury which has caused or will cause a loss of time from regular duties of one day beyond the working day or shift on which the accident occurred, or which has required or will require medical treatment beyond ordinary first aid or more than two treatments by a person rendering first aid…',0,'2022-04-04 11:42:43','2022-04-04 11:42:43'),(66,46071,46342,'unanimously gave causal relationship','This was a favorite win because all the doctors, including the IME, unanimously gave causal relationship','This was a favorite win because all the doctors, including the IME, <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/05/claim-disallowance-with-unanimous-medical-opinion-giving-causal-relationship/\">unanimously gave causal relationship</a>','This was a favorite win because all the doctors, including the IME, unanimously gave causal relationship','My other favorite win was a disallowance for a claimant who was alleging chemical exposure in the work place, but was never exposed to the chemical. This was a favorite win because all the doctors, including the IME, unanimously gave causal relationship. However, just in time for writing the Memorandum of Law, ','This was a favorite win because all the doctors, including the IME, unanimously gave causal relationship. However, just in time for writing the Memorandum of Law,  a new Third Department case came down stating that if the doctor’s opinions are based on a faulty premise, they are not credible. The case had a very similar fact pattern including an IME which also gave causal relationship. Through witness testimony we were able to prove the chemical exposure claimant alleged occurred never actually occurred, and therefore every doctor in the claim based their opinion of the faulty premise that there was an exposure. The claim was ultimately disallowed, as the WCLJ credited the testimony of the lay witnesses over the claimant.</li>',0,'2022-04-04 11:42:49','2022-04-04 11:42:49'),(67,46071,46342,'causal relationship','The case had a very similar fact pattern including an IME which also gave causal relationship','The case had a very similar fact pattern including an IME which also gave <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/05/claim-disallowance-with-unanimous-medical-opinion-giving-causal-relationship/\">causal relationship</a>','The case had a very similar fact pattern including an IME which also gave causal relationship','a new Third Department case came down stating that if the doctor’s opinions are based on a faulty premise, they are not credible. The case had a very similar fact pattern including an IME which also gave causal relationship. Through witness testimony we were able to prove the chemical exposure claimant alleged occurred never actually occurred, and therefore every doctor in the claim based their opinion of the faulty premise that there was an exposure.','ther favorite win was a disallowance for a claimant who was alleging chemical exposure in the work place, but was never exposed to the chemical. This was a favorite win because all the doctors, including the IME, unanimously gave causal relationship. However, just in time for writing the Memorandum of Law,  a new Third Department case came down stating that if the doctor’s opinions are based on a faulty premise, they are not credible. The case had a very similar fact pattern including an IME which also gave causal relationship. Through witness testimony we were able to prove the chemical exposure claimant alleged occurred never actually occurred, and therefore every doctor in the claim based their opinion of the faulty premise that there was an exposure. The claim was ultimately disallowed, as the WCLJ credited the testimony of the lay witnesses over the claimant.</li>',0,'2022-04-04 11:42:49','2022-04-04 11:42:49'),(68,46071,46338,'causal relationship','This was a favorite win because all the doctors, including the IME, unanimously gave causal relationship','This was a favorite win because all the doctors, including the IME, unanimously gave <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/06/third-deparment-decision-disputing-causal-relationship/\">causal relationship</a>','This was a favorite win because all the doctors, including the IME, unanimously gave causal relationship','My other favorite win was a disallowance for a claimant who was alleging chemical exposure in the work place, but was never exposed to the chemical. This was a favorite win because all the doctors, including the IME, unanimously gave causal relationship. However, just in time for writing the Memorandum of Law, ','This was a favorite win because all the doctors, including the IME, unanimously gave causal relationship. However, just in time for writing the Memorandum of Law,  a new Third Department case came down stating that if the doctor’s opinions are based on a faulty premise, they are not credible. The case had a very similar fact pattern including an IME which also gave causal relationship. Through witness testimony we were able to prove the chemical exposure claimant alleged occurred never actually occurred, and therefore every doctor in the claim based their opinion of the faulty premise that there was an exposure. The claim was ultimately disallowed, as the WCLJ credited the testimony of the lay witnesses over the claimant.</li>',0,'2022-04-04 11:42:49','2022-04-04 11:42:49'),(69,46071,46338,'causal relationship','The case had a very similar fact pattern including an IME which also gave causal relationship','The case had a very similar fact pattern including an IME which also gave <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/06/third-deparment-decision-disputing-causal-relationship/\">causal relationship</a>','The case had a very similar fact pattern including an IME which also gave causal relationship','a new Third Department case came down stating that if the doctor’s opinions are based on a faulty premise, they are not credible. The case had a very similar fact pattern including an IME which also gave causal relationship. Through witness testimony we were able to prove the chemical exposure claimant alleged occurred never actually occurred, and therefore every doctor in the claim based their opinion of the faulty premise that there was an exposure.','ther favorite win was a disallowance for a claimant who was alleging chemical exposure in the work place, but was never exposed to the chemical. This was a favorite win because all the doctors, including the IME, unanimously gave causal relationship. However, just in time for writing the Memorandum of Law,  a new Third Department case came down stating that if the doctor’s opinions are based on a faulty premise, they are not credible. The case had a very similar fact pattern including an IME which also gave causal relationship. Through witness testimony we were able to prove the chemical exposure claimant alleged occurred never actually occurred, and therefore every doctor in the claim based their opinion of the faulty premise that there was an exposure. The claim was ultimately disallowed, as the WCLJ credited the testimony of the lay witnesses over the claimant.</li>',0,'2022-04-04 11:42:49','2022-04-04 11:42:49'),(70,46071,46344,'causal relationship','This was a favorite win because all the doctors, including the IME, unanimously gave causal relationship','This was a favorite win because all the doctors, including the IME, unanimously gave <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>','This was a favorite win because all the doctors, including the IME, unanimously gave causal relationship','My other favorite win was a disallowance for a claimant who was alleging chemical exposure in the work place, but was never exposed to the chemical. This was a favorite win because all the doctors, including the IME, unanimously gave causal relationship. However, just in time for writing the Memorandum of Law, ','This was a favorite win because all the doctors, including the IME, unanimously gave causal relationship. However, just in time for writing the Memorandum of Law,  a new Third Department case came down stating that if the doctor’s opinions are based on a faulty premise, they are not credible. The case had a very similar fact pattern including an IME which also gave causal relationship. Through witness testimony we were able to prove the chemical exposure claimant alleged occurred never actually occurred, and therefore every doctor in the claim based their opinion of the faulty premise that there was an exposure. The claim was ultimately disallowed, as the WCLJ credited the testimony of the lay witnesses over the claimant.</li>',0,'2022-04-04 11:42:49','2022-04-04 11:42:49'),(71,46071,46344,'causal relationship','The case had a very similar fact pattern including an IME which also gave causal relationship','The case had a very similar fact pattern including an IME which also gave <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>','The case had a very similar fact pattern including an IME which also gave causal relationship','a new Third Department case came down stating that if the doctor’s opinions are based on a faulty premise, they are not credible. The case had a very similar fact pattern including an IME which also gave causal relationship. Through witness testimony we were able to prove the chemical exposure claimant alleged occurred never actually occurred, and therefore every doctor in the claim based their opinion of the faulty premise that there was an exposure.','ther favorite win was a disallowance for a claimant who was alleging chemical exposure in the work place, but was never exposed to the chemical. This was a favorite win because all the doctors, including the IME, unanimously gave causal relationship. However, just in time for writing the Memorandum of Law,  a new Third Department case came down stating that if the doctor’s opinions are based on a faulty premise, they are not credible. The case had a very similar fact pattern including an IME which also gave causal relationship. Through witness testimony we were able to prove the chemical exposure claimant alleged occurred never actually occurred, and therefore every doctor in the claim based their opinion of the faulty premise that there was an exposure. The claim was ultimately disallowed, as the WCLJ credited the testimony of the lay witnesses over the claimant.</li>',0,'2022-04-04 11:42:49','2022-04-04 11:42:49'),(72,46071,46553,'claimant alleged','Through witness testimony we were able to prove the chemical exposure claimant alleged occurred never actually occurred, and therefore every doctor in the claim based their opinion of the faulty premise that there was an exposure','Through witness testimony we were able to prove the chemical exposure <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> occurred never actually occurred, and therefore every doctor in the claim based their opinion of the faulty premise that there was an exposure','Through witness testimony we were able to prove the chemical exposure claimant alleged occurred never actually occurred, and therefore every doctor in the claim based their opinion of the faulty premise that there was an exposure','The case had a very similar fact pattern including an IME which also gave causal relationship. Through witness testimony we were able to prove the chemical exposure claimant alleged occurred never actually occurred, and therefore every doctor in the claim based their opinion of the faulty premise that there was an exposure. The claim was ultimately disallowed, as the WCLJ credited the testimony of the lay witnesses over the claimant.','Through witness testimony we were able to prove the chemical exposure claimant alleged occurred never actually occurred, and therefore every doctor in the claim based their opinion of the faulty premise that there was an exposure.',0,'2022-04-04 11:42:49','2022-04-04 11:42:49'),(81,46145,46422,'medical depositions and claimant','Over five years of handling thousands of claims, his vast experience includes handling representation at hearings, settlement negotiations, medical depositions and claimant and witness testimony','Over five years of handling thousands of claims, his vast experience includes handling representation at hearings, settlement negotiations, <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2017/06/board-finds-that-medical-treatment-guidelines-apply-to-out-of-state-claimants/\">medical depositions and claimant</a> and witness testimony','Over five years of handling thousands of claims, his vast experience includes handling representation at hearings, settlement negotiations, medical depositions and claimant and witness testimony','Neil’s primary focus has continued, defending insurance carriers, third-party administrators and self-insured employers. Over five years of handling thousands of claims, his vast experience includes handling representation at hearings, settlement negotiations, medical depositions and claimant and witness testimony.','Over five years of handling thousands of claims, his vast experience includes handling representation at hearings, settlement negotiations, medical depositions and claimant and witness testimony.',0,'2022-04-04 11:57:54','2022-04-04 11:57:54'),(82,46501,46236,'case law','Evidence about a workers’ regular use of hearing protection, according to case law, can be probative evidence on the issue of exposure, but as with almost every line of precedent issued by the Board, cases are fact sensitive','Evidence about a workers’ regular use of hearing protection, according to <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/client-resources/case-law-updates-lomad-case-law-updates/\">case law</a>, can be probative evidence on the issue of exposure, but as with almost every line of precedent issued by the Board, cases are fact sensitive','Evidence about a workers’ regular use of hearing protection, according to case law, can be probative evidence on the issue of exposure, but as with almost every line of precedent issued by the Board, cases are fact sensitive','Therein lies the first real problem in defending a hearing loss claim: an employer’s preventative measures are guided by OSHA regulations which are specific –specific to the point of expressing “safe” decibel levels of exposure in time-weighted averages — and the WCL simply tells us the “injurious exposure” to loud noise causes hearing loss. Evidence about a workers’ regular use of hearing protection, according to case law, can be probative evidence on the issue of exposure, but as with almost every line of precedent issued by the Board, cases are fact sensitive. That fact is most clearly demonstrated by the Appellate Division’s ruling in Zham v.','Evidence about a workers’ regular use of hearing protection, according to case law, can be probative evidence on the issue of exposure, but as with almost every line of precedent issued by the Board, cases are fact sensitive.',0,'2022-04-04 11:57:54','2022-04-04 11:57:54'),(83,46501,46561,'claimant testified','The claimant testified that for the bulk of her employment, she worked in a room adjacent to the plant floor that was “quiet” and she confirmed her normal workplace was comparable to the WCB courtroom where her testimony was being taken','The <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/01/did-you-know-facebook-pages-are-not-considered-surveillance-that-has-to-be-disclosed-before-a-claimant-testifies/\">claimant testified</a> that for the bulk of her employment, she worked in a room adjacent to the plant floor that was “quiet” and she confirmed her normal workplace was comparable to the WCB courtroom where her testimony was being taken','The claimant testified that for the bulk of her employment, she worked in a room adjacent to the plant floor that was “quiet” and she confirmed her normal workplace was comparable to the WCB courtroom where her testimony was being taken','The employer in this matter had taken painstaking efforts to implement and enforce an OSHA-compliant hearing conservation program and required all workers to utilize hearing protection “wall to wall” and conducted annual screenings and annual soundmapping to confirm that noise levels and sound-damping measures were safe for its employees. The claimant testified that for the bulk of her employment, she worked in a room adjacent to the plant floor that was “quiet” and she confirmed her normal workplace was comparable to the WCB courtroom where her testimony was being taken. Although the claimant testified she had spent time on a daily basis around the “loud” machines, she had strictly complied with the employer’s hearing conservation program and had worn hearing protection without fail for the last thirty years of her employment.','The Law Office of Melissa A. Day won a disallowance of an occupational hearing loss claim involving a 45-year employee of a large manufacturing employer who alleged hearing loss due to exposure to presses, grinding machines and other heavy fabricating equipment. The employer in this matter had taken painstaking efforts to implement and enforce an OSHA-compliant hearing conservation program and required all workers to utilize hearing protection “wall to wall” and conducted annual screenings and annual soundmapping to confirm that noise levels and sound-damping measures were safe for its employees. The claimant testified that for the bulk of her employment, she worked in a room adjacent to the plant floor that was “quiet” and she confirmed her normal workplace was comparable to the WCB courtroom where her testimony was being taken.',0,'2022-04-04 11:57:54','2022-04-04 11:57:54'),(84,46501,46561,'claimant testified','Although the claimant testified she had spent time on a daily basis around the “loud” machines, she had strictly complied with the employer’s hearing conservation program and had worn hearing protection without fail for the last thirty years of her employment','Although the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/01/did-you-know-facebook-pages-are-not-considered-surveillance-that-has-to-be-disclosed-before-a-claimant-testifies/\">claimant testified</a> she had spent time on a daily basis around the “loud” machines, she had strictly complied with the employer’s hearing conservation program and had worn hearing protection without fail for the last thirty years of her employment','Although the claimant testified she had spent time on a daily basis around the “loud” machines, she had strictly complied with the employer’s hearing conservation program and had worn hearing protection without fail for the last thirty years of her employment','The claimant testified that for the bulk of her employment, she worked in a room adjacent to the plant floor that was “quiet” and she confirmed her normal workplace was comparable to the WCB courtroom where her testimony was being taken. Although the claimant testified she had spent time on a daily basis around the “loud” machines, she had strictly complied with the employer’s hearing conservation program and had worn hearing protection without fail for the last thirty years of her employment. Claimant’s treating physician found a minimal loss of hearing, while the employer’s consultant found even less hearing – less than 0% according to the Board’s formula.','Although the claimant testified she had spent time on a daily basis around the “loud” machines, she had strictly complied with the employer’s hearing conservation program and had worn hearing protection without fail for the last thirty years of her employment.',0,'2022-04-04 11:57:54','2022-04-04 11:57:54'),(85,46501,46332,'causally related','much of her recent time [at work] in an office setting” and that the treating physician’s history of exposure did not include the use of hearing protection for the last 30+ years, only the last 6, and there was insufficient evidence of a causally related occupational hearing loss','much of her recent time [at work] in an office setting” and that the treating physician’s history of exposure did not include the use of hearing protection for the last 30+ years, only the last 6, and there was insufficient evidence of a <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/07/carpal-tunnel-and-causal-relation-not-always-so-clear-cut/\">causally related</a> occupational hearing loss','much of her recent time [at work] in an office setting” and that the treating physician’s history of exposure did not include the use of hearing protection for the last 30+ years, only the last 6, and there was insufficient evidence of a causally related occupational hearing loss','. . much of her recent time [at work] in an office setting” and that the treating physician’s history of exposure did not include the use of hearing protection for the last 30+ years, only the last 6, and there was insufficient evidence of a causally related occupational hearing loss.','much of her recent time [at work] in an office setting” and that the treating physician’s history of exposure did not include the use of hearing protection for the last 30+ years, only the last 6, and there was insufficient evidence of a causally related occupational hearing loss.',0,'2022-04-04 11:57:54','2022-04-04 11:57:54'),(86,46501,46367,'causally related','much of her recent time [at work] in an office setting” and that the treating physician’s history of exposure did not include the use of hearing protection for the last 30+ years, only the last 6, and there was insufficient evidence of a causally related occupational hearing loss','much of her recent time [at work] in an office setting” and that the treating physician’s history of exposure did not include the use of hearing protection for the last 30+ years, only the last 6, and there was insufficient evidence of a <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/02/no-further-causally-related-disability-due-to-intervening-unrelated-accident/\">causally related</a> occupational hearing loss','much of her recent time [at work] in an office setting” and that the treating physician’s history of exposure did not include the use of hearing protection for the last 30+ years, only the last 6, and there was insufficient evidence of a causally related occupational hearing loss','. . much of her recent time [at work] in an office setting” and that the treating physician’s history of exposure did not include the use of hearing protection for the last 30+ years, only the last 6, and there was insufficient evidence of a causally related occupational hearing loss.','much of her recent time [at work] in an office setting” and that the treating physician’s history of exposure did not include the use of hearing protection for the last 30+ years, only the last 6, and there was insufficient evidence of a causally related occupational hearing loss.',0,'2022-04-04 11:57:54','2022-04-04 11:57:54'),(87,46501,46350,'working relationship with the employer','Hearing Loss claims can be won, but what this case illustrates is that a well-coordinated defense is absolutely necessary; and marshalling the facts necessary to present a successful defense requires a close working relationship with the employer and its personnel','Hearing Loss claims can be won, but what this case illustrates is that a well-coordinated defense is absolutely necessary; and marshalling the facts necessary to present a successful defense requires a close <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/03/when-do-work-from-home-accidents-occur-in-the-scope-and-course-of-employment/\">working relationship with the employer</a> and its personnel','Hearing Loss claims can be won, but what this case illustrates is that a well-coordinated defense is absolutely necessary; and marshalling the facts necessary to present a successful defense requires a close working relationship with the employer and its personnel','Hearing Loss claims can be won, but what this case illustrates is that a well-coordinated defense is absolutely necessary; and marshalling the facts necessary to present a successful defense requires a close working relationship with the employer and its personnel. Good facts do make good law, but knowing your client is the only way to get either.','Hearing Loss claims can be won, but what this case illustrates is that a well-coordinated defense is absolutely necessary; and marshalling the facts necessary to present a successful defense requires a close working relationship with the employer and its personnel.',0,'2022-04-04 11:57:54','2022-04-04 11:57:54'),(88,46501,46369,'facts do make good law','Good facts do make good law, but knowing your client is the only way to get either.','Good <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/02/no-error-of-law-or-fact-in-an-application-for-full-board-review/\">facts do make good law</a>, but knowing your client is the only way to get either.','Good facts do make good law, but knowing your client is the only way to get either.','Hearing Loss claims can be won, but what this case illustrates is that a well-coordinated defense is absolutely necessary; and marshalling the facts necessary to present a successful defense requires a close working relationship with the employer and its personnel. Good facts do make good law, but knowing your client is the only way to get either.','Good facts do make good law, but knowing your client is the only way to get either.',0,'2022-04-04 11:57:54','2022-04-04 11:57:54'),(89,46413,46372,'classifiable instead of scheduled should he or she change','If a doctor reviews the permanent impairment guidelines and decides that the decision should be classifiable instead of scheduled should he or she change forms','If a doctor reviews the permanent impairment guidelines and decides that the decision should be <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/how-change-in-conditions-for-classified-claimants-changed-drastically/\">classifiable instead of scheduled should he or she change</a> forms','If a doctor reviews the permanent impairment guidelines and decides that the decision should be classifiable instead of scheduled should he or she change forms','If a doctor reviews the permanent impairment guidelines and decides that the decision should be classifiable instead of scheduled should he or she change forms?','If a doctor reviews the permanent impairment guidelines and decides that the decision should be classifiable instead of scheduled should he or she change forms?',0,'2022-04-04 11:57:57','2022-04-04 11:57:57'),(90,46413,46372,'condition should be classified','The doctor could conclude that an extremity condition should be classified','The doctor could conclude that an extremity <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/how-change-in-conditions-for-classified-claimants-changed-drastically/\">condition should be classified</a>','The doctor could conclude that an extremity condition should be classified','Hence wouldn’t providing a doctor with only the SLU forms be an improper attempt to influence the doctor’s opinion?  The doctor could conclude that an extremity condition should be classified?','The Board has held in Board Panel decisions that suggesting to an IME doctor in a cover letter that permanency should result in a SLU is an improper attempt to influence the doctor’s opinion on permanency.  Hence wouldn’t providing a doctor with only the SLU forms be an improper attempt to influence the doctor’s opinion?  The doctor could conclude that an extremity condition should be classified?',0,'2022-04-04 11:57:57','2022-04-04 11:57:57'),(91,46413,46374,'claimant has multiple injuries to extremities from one claim','If a claimant has multiple injuries to extremities from one claim should the doctors use a SLU form for each schedulable body part','If a <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/doubling-down-2-hearing-loss-claims-for-the-same-claimant-denied-on-the-same-day/\">claimant has multiple injuries to extremities from one claim</a> should the doctors use a SLU form for each schedulable body part','If a claimant has multiple injuries to extremities from one claim should the doctors use a SLU form for each schedulable body part','If a claimant has multiple injuries to extremities from one claim should the doctors use a SLU form for each schedulable body part?','If a claimant has multiple injuries to extremities from one claim should the doctors use a SLU form for each schedulable body part?',0,'2022-04-04 11:57:57','2022-04-04 11:57:57'),(92,46413,46387,'form for each schedulable','If a claimant has multiple injuries to extremities from one claim should the doctors use a SLU form for each schedulable body part','If a claimant has multiple injuries to extremities from one claim should the doctors use a SLU <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/\">form for each schedulable</a> body part','If a claimant has multiple injuries to extremities from one claim should the doctors use a SLU form for each schedulable body part','If a claimant has multiple injuries to extremities from one claim should the doctors use a SLU form for each schedulable body part?','If a claimant has multiple injuries to extremities from one claim should the doctors use a SLU form for each schedulable body part?',0,'2022-04-04 11:57:57','2022-04-04 11:57:57'),(93,46422,46482,'guidelines applied to a nonresident claimant’s treatment','State of New York Worker’s Compensation Board, 24 NY3d 459 (2014), the board expressly overruled any prior authority to the contrary and found that the guidelines applied to a nonresident claimant’s treatment out-of-state','State of New York Worker’s Compensation Board</em>, 24 NY3d 459 (2014), the board expressly overruled any prior authority to the contrary and found that the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2015/08/non-acute-pain-treatment-guidelines/\">guidelines applied to a nonresident claimant’s treatment</a> out-of-state','State of New York Worker’s Compensation Board</em>, 24 NY3d 459 (2014), the board expressly overruled any prior authority to the contrary and found that the guidelines applied to a nonresident claimant’s treatment out-of-state','Noting that the guidelines had previously been found to be “instructive” for treatment rendered to claimants living outside the state, and relying on the decision in Kigin v. State of New York Worker’s Compensation Board, 24 NY3d 459 (2014), the board expressly overruled any prior authority to the contrary and found that the guidelines applied to a nonresident claimant’s treatment out-of-state.','state. Noting that the guidelines had previously been found to be “instructive” for treatment rendered to claimants living outside the state, and relying on the decision in <em>Kigin v. State of New York Worker’s Compensation Board</em>, 24 NY3d 459 (2014), the board expressly overruled any prior authority to the contrary and found that the guidelines applied to a nonresident claimant’s treatment out-of-state.',0,'2022-04-04 11:57:58','2022-04-04 11:57:58'),(94,46422,46502,'guidelines applied to a nonresident claimant’s treatment','State of New York Worker’s Compensation Board, 24 NY3d 459 (2014), the board expressly overruled any prior authority to the contrary and found that the guidelines applied to a nonresident claimant’s treatment out-of-state','State of New York Worker’s Compensation Board</em>, 24 NY3d 459 (2014), the board expressly overruled any prior authority to the contrary and found that the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2014/11/non-acute-pain-medical-treatment-guidelines-offer-a-framework-for-controlling-costs-associated-with-chronic-pain-management-especially-opioid-use/\">guidelines applied to a nonresident claimant’s treatment</a> out-of-state','State of New York Worker’s Compensation Board</em>, 24 NY3d 459 (2014), the board expressly overruled any prior authority to the contrary and found that the guidelines applied to a nonresident claimant’s treatment out-of-state','Noting that the guidelines had previously been found to be “instructive” for treatment rendered to claimants living outside the state, and relying on the decision in Kigin v. State of New York Worker’s Compensation Board, 24 NY3d 459 (2014), the board expressly overruled any prior authority to the contrary and found that the guidelines applied to a nonresident claimant’s treatment out-of-state.','state. Noting that the guidelines had previously been found to be “instructive” for treatment rendered to claimants living outside the state, and relying on the decision in <em>Kigin v. State of New York Worker’s Compensation Board</em>, 24 NY3d 459 (2014), the board expressly overruled any prior authority to the contrary and found that the guidelines applied to a nonresident claimant’s treatment out-of-state.',0,'2022-04-04 11:57:58','2022-04-04 11:57:58'),(95,46422,46506,'guidelines applied to a nonresident claimant’s treatment','State of New York Worker’s Compensation Board, 24 NY3d 459 (2014), the board expressly overruled any prior authority to the contrary and found that the guidelines applied to a nonresident claimant’s treatment out-of-state','State of New York Worker’s Compensation Board</em>, 24 NY3d 459 (2014), the board expressly overruled any prior authority to the contrary and found that the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2014/09/navigating-the-low-back-medical-treatment-guidelines-for-chiropractic-care/\">guidelines applied to a nonresident claimant’s treatment</a> out-of-state','State of New York Worker’s Compensation Board</em>, 24 NY3d 459 (2014), the board expressly overruled any prior authority to the contrary and found that the guidelines applied to a nonresident claimant’s treatment out-of-state','Noting that the guidelines had previously been found to be “instructive” for treatment rendered to claimants living outside the state, and relying on the decision in Kigin v. State of New York Worker’s Compensation Board, 24 NY3d 459 (2014), the board expressly overruled any prior authority to the contrary and found that the guidelines applied to a nonresident claimant’s treatment out-of-state.','state. Noting that the guidelines had previously been found to be “instructive” for treatment rendered to claimants living outside the state, and relying on the decision in <em>Kigin v. State of New York Worker’s Compensation Board</em>, 24 NY3d 459 (2014), the board expressly overruled any prior authority to the contrary and found that the guidelines applied to a nonresident claimant’s treatment out-of-state.',0,'2022-04-04 11:57:58','2022-04-04 11:57:58'),(96,46422,46506,'medical standard for appropriate medical care','The MTGs provide an evidence based medical standard for appropriate medical care','The MTGs provide an evidence based <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2014/09/navigating-the-low-back-medical-treatment-guidelines-for-chiropractic-care/\">medical standard for appropriate medical care</a>','The MTGs provide an evidence based medical standard for appropriate medical care','The MTGs provide an evidence based medical standard for appropriate medical care. The standards for treatment contained in the MTG ensure that claimants receive the most effective medical care as recommended by best practices in the medical community, and as adopted by the Board in consultation with medical specialists.','The MTGs provide an evidence based medical standard for appropriate medical care. The standards for treatment contained in the MTG ensure that claimants receive the most effective medical care as recommended by best practices in the medical community, and as adopted by the Board in consultation with medical specialists. Such recommended treatment and care should be rendered without regard to the location of the claimant’s home or the medical provider’s practice. As such, the Board Panel finds that the MTGs apply regardless of where or by whom the treatment is rendered.',0,'2022-04-04 11:57:58','2022-04-04 11:57:58'),(97,46422,46340,'evidence based medical standard for appropriate medical','The MTGs provide an evidence based medical standard for appropriate medical care','The MTGs provide an <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/\">evidence based medical standard for appropriate medical</a> care','The MTGs provide an evidence based medical standard for appropriate medical care','The MTGs provide an evidence based medical standard for appropriate medical care. The standards for treatment contained in the MTG ensure that claimants receive the most effective medical care as recommended by best practices in the medical community, and as adopted by the Board in consultation with medical specialists.','The MTGs provide an evidence based medical standard for appropriate medical care. The standards for treatment contained in the MTG ensure that claimants receive the most effective medical care as recommended by best practices in the medical community, and as adopted by the Board in consultation with medical specialists. Such recommended treatment and care',0,'2022-04-04 11:57:58','2022-04-04 11:57:58'),(98,46422,46371,'claimants receive','The standards for treatment contained in the MTG ensure that claimants receive the most effective medical care as recommended by best practices in the medical community, and as adopted by the Board in consultation with medical specialists','The standards for treatment contained in the MTG ensure that <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/\">claimants receive</a> the most effective medical care as recommended by best practices in the medical community, and as adopted by the Board in consultation with medical specialists','The standards for treatment contained in the MTG ensure that claimants receive the most effective medical care as recommended by best practices in the medical community, and as adopted by the Board in consultation with medical specialists','The MTGs provide an evidence based medical standard for appropriate medical care. The standards for treatment contained in the MTG ensure that claimants receive the most effective medical care as recommended by best practices in the medical community, and as adopted by the Board in consultation with medical specialists. Such recommended treatment and care should be rendered without regard to the location of the claimant’s home or the medical provider’s practice.','The MTGs provide an evidence based medical standard for appropriate medical care. The standards for treatment contained in the MTG ensure that claimants receive the most effective medical care as recommended by best practices in the medical community, and as adopted by the Board in consultation with medical specialists.',0,'2022-04-04 11:57:58','2022-04-04 11:57:58'),(99,46422,46503,'variance procedure also applies to out-of-state treatment','Given this holding, the board also found that the variance procedure also applies to out-of-state treatment although it refused to require out-of-state providers to use New York Worker’s Compensation board forms','Given this holding, the board also found that the <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/\">variance procedure also applies to out-of-state treatment</a> although it refused to require out-of-state providers to use New York Worker’s Compensation board forms','Given this holding, the board also found that the variance procedure also applies to out-of-state treatment although it refused to require out-of-state providers to use New York Worker’s Compensation board forms','Given this holding, the board also found that the variance procedure also applies to out-of-state treatment although it refused to require out-of-state providers to use New York Worker’s Compensation board forms. While those are certainly preferred, treatment should not be denied solely as a result of the failure of an out-of-state provider to use the proper form.','Given this holding, the board also found that the variance procedure also applies to out-of-state treatment although it refused to require out-of-state providers to use New York Worker’s Compensation board forms.',0,'2022-04-04 11:57:58','2022-04-04 11:57:58'),(100,46380,46369,'application and selection committee review','Membership is based on an application and selection committee review','Membership is based on an <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/02/no-error-of-law-or-fact-in-an-application-for-full-board-review/\">application and selection committee review</a>','Membership is based on an application and selection committee review','Buffalo Business First Leadership Trust is a part of Business Journals Leadership Trust — a collective of invitation-only networks of influential business leaders, executives and entrepreneurs in your community. Membership is based on an application and selection committee review. Benefits include private online forums, the ability to publish insights on bizjournals.com, business and executive coaching and a dedicated concierge team.','Membership is based on an application and selection committee review. Benefits include private online forums, the ability to publish insights on bizjournals.com, business and executive coaching and a dedicated concierge team. To learn more and find out if you qualify, visit trust.bizjournals.com.',0,'2022-04-04 11:57:59','2022-04-04 11:57:59'),(101,46380,46512,'include private online forums,','Benefits include private online forums, the ability to publish insights on bizjournals.com, business and executive coaching and a dedicated concierge team','Benefits <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/\">include private online forums,</a> the ability to publish insights on bizjournals.com, business and executive coaching and a dedicated concierge team','Benefits include private online forums, the ability to publish insights on bizjournals.com, business and executive coaching and a dedicated concierge team','Membership is based on an application and selection committee review. Benefits include private online forums, the ability to publish insights on bizjournals.com, business and executive coaching and a dedicated concierge team. To learn more and find out if you qualify, visit trust.bizjournals.com.','Benefits include private online forums, the ability to publish insights on bizjournals.com, business and executive coaching and a dedicated concierge team.',0,'2022-04-04 11:57:59','2022-04-04 11:57:59'),(102,6,46511,'defense counsel','Our philosophy is to minimize your risk exposure by coordinating a strategy with defense counsel throughout the life of the claim: from filing of the C-3 or EC-84 to final resolution.[/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section][et_pb_section fb_built=\"1\" custom_padding_last_edited=\"on|phone\" admin_label=\"CONTENT MODULE 2\" _builder_version=\"4.3.2\" background_color=\"#000000\" use_background_color_gradient=\"on\" background_color_gradient_start=\"#2e5591\" background_color_gradient_end=\"#211865\" custom_padding=\"50px||50px||true|false\" custom_padding_tablet=\"\" custom_padding_phone=\"50px||50px||true|false\" background_color_tablet=\"#2e5591\" background_last_edited=\"on|phone\" background_enable_color_tablet=\"on\" use_background_color_gradient_tablet=\"off\" background_color_gradient_start_tablet=\"#ffffff\" locked=\"off\" global_colors_info=\"{}\"][et_pb_row column_structure=\"3_5,2_5\" make_equal=\"on\" admin_label=\"Module 2\" _builder_version=\"4.3.2\" width=\"90%\" custom_padding=\"0px||0px||true|false\" global_colors_info=\"{}\"][et_pb_column type=\"3_5\" module_class=\"fl-vertical-center\" _builder_version=\"4.3.2\" custom_padding=\"|50px|||false|false\" custom_padding_tablet=\"|0px|35px|0px|false|false\" custom_padding_phone=\"\" custom_padding_last_edited=\"on|phone\" animation_direction=\"right\" global_colors_info=\"{}\"][et_pb_text admin_label=\"Heading (H2)\" _builder_version=\"4.3.2\" text_font=\"Playfair Display||||||||\" text_text_color=\"#ffffff\" text_font_size=\"25px\" header_font=\"||||||||\" header_2_font=\"|600|||||||\" header_2_text_align=\"left\" header_2_text_color=\"#ffffff\" header_2_font_size=\"38px\" header_3_font=\"|600|||||||\" header_4_font=\"|600|||||||\" header_5_font=\"|600|||||||\" header_6_font=\"|600|||||||\" width_last_edited=\"off|phone\" max_width_last_edited=\"off|phone\" custom_margin=\"||0px||false|false\" custom_padding=\"||15px||false|false\" custom_padding_tablet=\"||||false|false\" custom_padding_phone=\"||||false|false\" custom_padding_last_edited=\"off|phone\" text_font_size_tablet=\"\" text_font_size_phone=\"20px\" text_font_size_last_edited=\"on|phone\" header_text_align_last_edited=\"off|phone\" header_font_size_last_edited=\"off|tablet\" header_2_text_align_tablet=\"center\" header_2_text_align_phone=\"\" header_2_text_align_last_edited=\"on|desktop\" header_2_font_size_tablet=\"35px\" 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\" module_alignment_last_edited=\"off|phone\" locked=\"off\" global_colors_info=\"{}\" header_2_2_font_size_phone=\"32px\" header_3_2_font_size_phone=\"32px\" header_4_2_font_size_phone=\"32px\" header_5_2_font_size_phone=\"32px\" header_6_2_font_size_phone=\"32px\" header_2_2_font_size_tablet=\"35px\" header_3_2_font_size_tablet=\"35px\" header_4_2_font_size_tablet=\"35px\" header_5_2_font_size_tablet=\"35px\" header_6_2_font_size_tablet=\"35px\" header_2_2_font_size_last_edited=\"on|phone\" header_3_2_font_size_last_edited=\"on|phone\" header_4_2_font_size_last_edited=\"on|phone\" header_5_2_font_size_last_edited=\"on|phone\" header_6_2_font_size_last_edited=\"on|phone\"]Applying the 5 Cs Of','Our philosophy is to minimize your risk exposure by coordinating a strategy with <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/\">defense counsel</a> throughout the life of the claim: from filing of the C-3 or EC-84 to final resolution.[/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section][et_pb_section fb_built=\"1\" custom_padding_last_edited=\"on|phone\" admin_label=\"CONTENT MODULE 2\" _builder_version=\"4.3.2\" background_color=\"#000000\" use_background_color_gradient=\"on\" background_color_gradient_start=\"#2e5591\" background_color_gradient_end=\"#211865\" custom_padding=\"50px||50px||true|false\" custom_padding_tablet=\"\" custom_padding_phone=\"50px||50px||true|false\" background_color_tablet=\"#2e5591\" background_last_edited=\"on|phone\" background_enable_color_tablet=\"on\" use_background_color_gradient_tablet=\"off\" background_color_gradient_start_tablet=\"#ffffff\" locked=\"off\" global_colors_info=\"{}\"][et_pb_row column_structure=\"3_5,2_5\" make_equal=\"on\" admin_label=\"Module 2\" _builder_version=\"4.3.2\" width=\"90%\" custom_padding=\"0px||0px||true|false\" global_colors_info=\"{}\"][et_pb_column type=\"3_5\" module_class=\"fl-vertical-center\" _builder_version=\"4.3.2\" custom_padding=\"|50px|||false|false\" custom_padding_tablet=\"|0px|35px|0px|false|false\" custom_padding_phone=\"\" custom_padding_last_edited=\"on|phone\" animation_direction=\"right\" global_colors_info=\"{}\"][et_pb_text admin_label=\"Heading (H2)\" _builder_version=\"4.3.2\" text_font=\"Playfair Display||||||||\" text_text_color=\"#ffffff\" text_font_size=\"25px\" header_font=\"||||||||\" header_2_font=\"|600|||||||\" header_2_text_align=\"left\" header_2_text_color=\"#ffffff\" header_2_font_size=\"38px\" header_3_font=\"|600|||||||\" header_4_font=\"|600|||||||\" header_5_font=\"|600|||||||\" header_6_font=\"|600|||||||\" width_last_edited=\"off|phone\" max_width_last_edited=\"off|phone\" custom_margin=\"||0px||false|false\" custom_padding=\"||15px||false|false\" custom_padding_tablet=\"||||false|false\" custom_padding_phone=\"||||false|false\" custom_padding_last_edited=\"off|phone\" text_font_size_tablet=\"\" text_font_size_phone=\"20px\" text_font_size_last_edited=\"on|phone\" header_text_align_last_edited=\"off|phone\" header_font_size_last_edited=\"off|tablet\" header_2_text_align_tablet=\"center\" header_2_text_align_phone=\"\" header_2_text_align_last_edited=\"on|desktop\" header_2_font_size_tablet=\"35px\" 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\" module_alignment_last_edited=\"off|phone\" locked=\"off\" global_colors_info=\"{}\" header_2_2_font_size_phone=\"32px\" header_3_2_font_size_phone=\"32px\" header_4_2_font_size_phone=\"32px\" header_5_2_font_size_phone=\"32px\" header_6_2_font_size_phone=\"32px\" header_2_2_font_size_tablet=\"35px\" header_3_2_font_size_tablet=\"35px\" header_4_2_font_size_tablet=\"35px\" header_5_2_font_size_tablet=\"35px\" header_6_2_font_size_tablet=\"35px\" header_2_2_font_size_last_edited=\"on|phone\" header_3_2_font_size_last_edited=\"on|phone\" header_4_2_font_size_last_edited=\"on|phone\" header_5_2_font_size_last_edited=\"on|phone\" header_6_2_font_size_last_edited=\"on|phone\"]<p style=\"padding-bottom: 10px !important;color: #ffffff\">Applying the 5 Cs Of','Our philosophy is to minimize your risk exposure by coordinating a strategy with defense counsel throughout the life of the claim: from filing of the C-3 or EC-84 to final resolution.[/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section][et_pb_section fb_built=\"1\" custom_padding_last_edited=\"on|phone\" admin_label=\"CONTENT MODULE 2\" _builder_version=\"4.3.2\" background_color=\"#000000\" use_background_color_gradient=\"on\" background_color_gradient_start=\"#2e5591\" background_color_gradient_end=\"#211865\" custom_padding=\"50px||50px||true|false\" custom_padding_tablet=\"\" custom_padding_phone=\"50px||50px||true|false\" background_color_tablet=\"#2e5591\" background_last_edited=\"on|phone\" background_enable_color_tablet=\"on\" use_background_color_gradient_tablet=\"off\" background_color_gradient_start_tablet=\"#ffffff\" locked=\"off\" global_colors_info=\"{}\"][et_pb_row column_structure=\"3_5,2_5\" make_equal=\"on\" admin_label=\"Module 2\" _builder_version=\"4.3.2\" width=\"90%\" custom_padding=\"0px||0px||true|false\" global_colors_info=\"{}\"][et_pb_column type=\"3_5\" module_class=\"fl-vertical-center\" _builder_version=\"4.3.2\" custom_padding=\"|50px|||false|false\" custom_padding_tablet=\"|0px|35px|0px|false|false\" custom_padding_phone=\"\" custom_padding_last_edited=\"on|phone\" animation_direction=\"right\" global_colors_info=\"{}\"][et_pb_text admin_label=\"Heading (H2)\" _builder_version=\"4.3.2\" text_font=\"Playfair Display||||||||\" text_text_color=\"#ffffff\" text_font_size=\"25px\" header_font=\"||||||||\" header_2_font=\"|600|||||||\" header_2_text_align=\"left\" header_2_text_color=\"#ffffff\" header_2_font_size=\"38px\" header_3_font=\"|600|||||||\" header_4_font=\"|600|||||||\" header_5_font=\"|600|||||||\" header_6_font=\"|600|||||||\" width_last_edited=\"off|phone\" max_width_last_edited=\"off|phone\" custom_margin=\"||0px||false|false\" custom_padding=\"||15px||false|false\" custom_padding_tablet=\"||||false|false\" custom_padding_phone=\"||||false|false\" custom_padding_last_edited=\"off|phone\" text_font_size_tablet=\"\" text_font_size_phone=\"20px\" text_font_size_last_edited=\"on|phone\" header_text_align_last_edited=\"off|phone\" header_font_size_last_edited=\"off|tablet\" header_2_text_align_tablet=\"center\" header_2_text_align_phone=\"\" header_2_text_align_last_edited=\"on|desktop\" header_2_font_size_tablet=\"35px\" 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\" module_alignment_last_edited=\"off|phone\" locked=\"off\" global_colors_info=\"{}\" header_2_2_font_size_phone=\"32px\" header_3_2_font_size_phone=\"32px\" header_4_2_font_size_phone=\"32px\" header_5_2_font_size_phone=\"32px\" header_6_2_font_size_phone=\"32px\" header_2_2_font_size_tablet=\"35px\" header_3_2_font_size_tablet=\"35px\" header_4_2_font_size_tablet=\"35px\" header_5_2_font_size_tablet=\"35px\" header_6_2_font_size_tablet=\"35px\" header_2_2_font_size_last_edited=\"on|phone\" header_3_2_font_size_last_edited=\"on|phone\" header_4_2_font_size_last_edited=\"on|phone\" header_5_2_font_size_last_edited=\"on|phone\" header_6_2_font_size_last_edited=\"on|phone\"]<p style=\"padding-bottom: 10px !important;color: #ffffff\">Applying the 5 Cs Of','Workers’ Compensation Defense[/et_pb_text][et_pb_divider color=\"#ffffff\" divider_weight=\"3px\" disabled_on=\"off|off|on\" _builder_version=\"4.3.2\" width=\"175px\" module_alignment=\"left\" min_height=\"3px\" height=\"3px\" module_alignment_tablet=\"center\" module_alignment_phone=\"center\" module_alignment_last_edited=\"on|tablet\" locked=\"off\" global_colors_info=\"{}\"][/et_pb_divider][/et_pb_column][et_pb_column type=\"3_5\" module_class=\"fl-vertical-center\" _builder_version=\"4.3.2\" custom_padding=\"|||50px|false|false\" custom_padding_tablet=\"0px|||0px|false|false\" custom_padding_phone=\"\" custom_padding_last_edited=\"on|phone\" animation_style=\"slide\" animation_direction=\"right\" animation_intensity_slide=\"5%\" border_width_left=\"2px\" border_color_left=\"#ffffff\" border_width_left_tablet=\"0px\" border_width_left_phone=\"\" border_width_left_last_edited=\"on|phone\" global_colors_info=\"{}\"][et_pb_text admin_label=\"Content-1\" _builder_version=\"4.11.4\" text_text_color=\"#ffffff\" text_font_size=\"18px\" text_line_height=\"1.55em\" width_last_edited=\"off|phone\" max_width_last_edited=\"off|phone\" custom_padding_tablet=\"20px||||false|false\" custom_padding_phone=\"\" custom_padding_last_edited=\"on|phone\" link_text_color_last_edited=\"off|desktop\" text_orientation_tablet=\"center\" text_orientation_phone=\"\" text_orientation_last_edited=\"on|tablet\" module_alignment_last_edited=\"off|phone\" locked=\"off\" global_colors_info=\"{}\"]In the new landscape of defending workers’ compensation claims in New York, our belief is that employers, TPAs and carriers need claim-based representation, not hearing-based representation. Our philosophy is to minimize your risk exposure by coordinating a strategy with defense counsel throughout the life of the claim: from filing of the C-3 or EC-84 to final resolution.[/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section][et_pb_section fb_built=\"1\" custom_padding_last_edited=\"on|phone\" admin_label=\"CONTENT MODULE 2\" _builder_version=\"4.3.2\" background_color=\"#000000\" use_background_color_gradient=\"on\" background_color_gradient_start=\"#2e5591\" background_color_gradient_end=\"#211865\" custom_padding=\"50px||50px||true|false\" custom_padding_tablet=\"\" custom_padding_phone=\"50px||50px||true|false\" background_color_tablet=\"#2e5591\" background_last_edited=\"on|phone\" background_enable_color_tablet=\"on\" use_background_color_gradient_tablet=\"off\" background_color_gradient_start_tablet=\"#ffffff\" locked=\"off\" global_colors_info=\"{}\"][et_pb_row column_structure=\"3_5,2_5\" make_equal=\"on\" admin_label=\"Module 2\" _builder_version=\"4.3.2\" width=\"90%\" custom_padding=\"0px||0px||true|false\" global_colors_info=\"{}\"][et_pb_column type=\"3_5\" module_class=\"fl-vertical-center\" _builder_version=\"4.3.2\" custom_padding=\"|50px|||false|false\" custom_padding_tablet=\"|0px|35px|0px|false|false\" custom_padding_phone=\"\" custom_padding_last_edited=\"on|phone\" animation_direction=\"right\" global_colors_info=\"{}\"][et_pb_text admin_label=\"Heading (H2)\" _builder_version=\"4.3.2\" text_font=\"Playfair Display||||||||\" text_text_color=\"#ffffff\" text_font_size=\"25px\" header_font=\"||||||||\" header_2_font=\"|600|||||||\" header_2_text_align=\"left\" header_2_text_color=\"#ffffff\" header_2_font_size=\"38px\" header_3_font=\"|600|||||||\" header_4_font=\"|600|||||||\" header_5_font=\"|600|||||||\" header_6_font=\"|600|||||||\" width_last_edited=\"off|phone\" max_width_last_edited=\"off|phone\" custom_margin=\"||0px||false|false\" custom_padding=\"||15px||false|false\" custom_padding_tablet=\"||||false|false\" custom_padding_phone=\"||||false|false\" custom_padding_last_edited=\"off|phone\" text_font_size_tablet=\"\" text_font_size_phone=\"20px\" text_font_size_last_edited=\"on|phone\" header_text_align_last_edited=\"off|phone\" header_font_size_last_edited=\"off|tablet\" header_2_text_align_tablet=\"center\" header_2_text_align_phone=\"\" header_2_text_align_last_edited=\"on|desktop\" header_2_font_size_tablet=\"35px\" 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\" module_alignment_last_edited=\"off|phone\" locked=\"off\" global_colors_info=\"{}\" header_2_2_font_size_phone=\"32px\" header_3_2_font_size_phone=\"32px\" header_4_2_font_size_phone=\"32px\" header_5_2_font_size_phone=\"32px\" header_6_2_font_size_phone=\"32px\" header_2_2_font_size_tablet=\"35px\" header_3_2_font_size_tablet=\"35px\" header_4_2_font_size_tablet=\"35px\" header_5_2_font_size_tablet=\"35px\" header_6_2_font_size_tablet=\"35px\" header_2_2_font_size_last_edited=\"on|phone\" header_3_2_font_size_last_edited=\"on|phone\" header_4_2_font_size_last_edited=\"on|phone\" header_5_2_font_size_last_edited=\"on|phone\" header_6_2_font_size_last_edited=\"on|phone\"]Applying the 5 Cs Of','our belief is that employers, TPAs and carriers need claim-based representation, not hearing-based representation. Our philosophy is to minimize your risk exposure by coordinating a strategy with defense counsel throughout the life of the claim: from filing of the C-3 or EC-84 to final resolution.[/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section][et_pb_section fb_built=\"1\" custom_padding_last_edited=\"on|phone\" admin_label=\"CONTENT MODULE 2\" _builder_version=\"4.3.2\" background_color=\"#000000\" use_background_color_gradient=\"on\" background_color_gradient_start=\"#2e5591\" background_color_gradient_end=\"#211865\" custom_padding=\"50px||50px||true|false\" custom_padding_tablet=\"\" custom_padding_phone=\"50px||50px||true|false\" background_color_tablet=\"#2e5591\" background_last_edited=\"on|phone\" background_enable_color_tablet=\"on\" use_background_color_gradient_tablet=\"off\" background_color_gradient_start_tablet=\"#ffffff\" locked=\"off\" global_colors_info=\"{}\"][et_pb_row column_structure=\"3_5,2_5\" make_equal=\"on\" admin_label=\"Module 2\" _builder_version=\"4.3.2\" width=\"90%\" custom_padding=\"0px||0px||true|false\" global_colors_info=\"{}\"][et_pb_column type=\"3_5\" module_class=\"fl-vertical-center\" _builder_version=\"4.3.2\" custom_padding=\"|50px|||false|false\" custom_padding_tablet=\"|0px|35px|0px|false|false\" custom_padding_phone=\"\" custom_padding_last_edited=\"on|phone\" animation_direction=\"right\" global_colors_info=\"{}\"][et_pb_text admin_label=\"Heading (H2)\" _builder_version=\"4.3.2\" text_font=\"Playfair Display||||||||\" text_text_color=\"#ffffff\" text_font_size=\"25px\" header_font=\"||||||||\" header_2_font=\"|600|||||||\" header_2_text_align=\"left\" header_2_text_color=\"#ffffff\" header_2_font_size=\"38px\" header_3_font=\"|600|||||||\" header_4_font=\"|600|||||||\" header_5_font=\"|600|||||||\" header_6_font=\"|600|||||||\" width_last_edited=\"off|phone\" max_width_last_edited=\"off|phone\" custom_margin=\"||0px||false|false\" custom_padding=\"||15px||false|false\" custom_padding_tablet=\"||||false|false\" custom_padding_phone=\"||||false|false\" custom_padding_last_edited=\"off|phone\" text_font_size_tablet=\"\" text_font_size_phone=\"20px\" text_font_size_last_edited=\"on|phone\" header_text_align_last_edited=\"off|phone\" header_font_size_last_edited=\"off|tablet\" header_2_text_align_tablet=\"center\" header_2_text_align_phone=\"\" header_2_text_align_last_edited=\"on|desktop\" header_2_font_size_tablet=\"35px\" 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\" module_alignment_last_edited=\"off|phone\" locked=\"off\" global_colors_info=\"{}\" header_2_2_font_size_phone=\"32px\" header_3_2_font_size_phone=\"32px\" header_4_2_font_size_phone=\"32px\" header_5_2_font_size_phone=\"32px\" header_6_2_font_size_phone=\"32px\" header_2_2_font_size_tablet=\"35px\" header_3_2_font_size_tablet=\"35px\" header_4_2_font_size_tablet=\"35px\" header_5_2_font_size_tablet=\"35px\" header_6_2_font_size_tablet=\"35px\" header_2_2_font_size_last_edited=\"on|phone\" header_3_2_font_size_last_edited=\"on|phone\" header_4_2_font_size_last_edited=\"on|phone\" header_5_2_font_size_last_edited=\"on|phone\" header_6_2_font_size_last_edited=\"on|phone\"]<p style=\"padding-bottom: 10px !important;color: #ffffff\">Applying the 5 Cs Of',0,'2022-04-04 11:58:00','2022-04-04 11:58:00'),(103,6,46486,'workers’ compensation','However, finding a workers’ compensation defense firm that is truly committed to representing your organization and gives each claim the time and attention it deserves is not so easy','However, finding a <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2015/08/test-your-ny-workers-compensation-chops/\">workers’ compensation</a> defense firm that is truly committed to representing your organization and gives each claim the time and attention it deserves is not so easy','However, finding a workers’ compensation defense firm that is truly committed to representing your organization and gives each claim the time and attention it deserves is not so easy','Get M.A.D.[/et_pb_text][et_pb_divider color=\"#ffffff\" divider_weight=\"3px\" disabled_on=\"off|off|off\" _builder_version=\"4.3.2\" width=\"175px\" module_alignment=\"left\" min_height=\"3px\" height=\"3px\" module_alignment_tablet=\"center\" module_alignment_phone=\"center\" module_alignment_last_edited=\"on|desktop\" locked=\"off\" global_colors_info=\"{}\"][/et_pb_divider][et_pb_text admin_label=\"Content-1\" _builder_version=\"4.3.2\" text_text_color=\"#ffffff\" text_font_size=\"18px\" text_line_height=\"1.55em\" custom_padding=\"20px||15px||false|false\" text_orientation_tablet=\"center\" text_orientation_phone=\"\" text_orientation_last_edited=\"on|tablet\" locked=\"off\" global_colors_info=\"{}\"]It is not that difficult to find a workers’ compensation defense firm in New York. However, finding a workers’ compensation defense firm that is truly committed to representing your organization and gives each claim the time and attention it deserves is not so easy. Most firms will simply ask you to submit information and then update you as the process goes on.','However, finding a workers’ compensation defense firm that is truly committed to representing your organization and gives each claim the time and attention it deserves is not so easy.',0,'2022-04-04 11:58:00','2022-04-04 11:58:00'),(104,6,46512,'workers’ compensation','However, finding a workers’ compensation defense firm that is truly committed to representing your organization and gives each claim the time and attention it deserves is not so easy','However, finding a <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/09/board-process-re-engineering-bpr-ny-workers-compensation-forum-members-should-be-included-in-the-dialogue/\">workers’ compensation</a> defense firm that is truly committed to representing your organization and gives each claim the time and attention it deserves is not so easy','However, finding a workers’ compensation defense firm that is truly committed to representing your organization and gives each claim the time and attention it deserves is not so easy','Get M.A.D.[/et_pb_text][et_pb_divider color=\"#ffffff\" divider_weight=\"3px\" disabled_on=\"off|off|off\" _builder_version=\"4.3.2\" width=\"175px\" module_alignment=\"left\" min_height=\"3px\" height=\"3px\" module_alignment_tablet=\"center\" module_alignment_phone=\"center\" module_alignment_last_edited=\"on|desktop\" locked=\"off\" global_colors_info=\"{}\"][/et_pb_divider][et_pb_text admin_label=\"Content-1\" _builder_version=\"4.3.2\" text_text_color=\"#ffffff\" text_font_size=\"18px\" text_line_height=\"1.55em\" custom_padding=\"20px||15px||false|false\" text_orientation_tablet=\"center\" text_orientation_phone=\"\" text_orientation_last_edited=\"on|tablet\" locked=\"off\" global_colors_info=\"{}\"]It is not that difficult to find a workers’ compensation defense firm in New York. However, finding a workers’ compensation defense firm that is truly committed to representing your organization and gives each claim the time and attention it deserves is not so easy. Most firms will simply ask you to submit information and then update you as the process goes on.','However, finding a workers’ compensation defense firm that is truly committed to representing your organization and gives each claim the time and attention it deserves is not so easy.',0,'2022-04-04 11:58:00','2022-04-04 11:58:00'),(105,6,46555,'workers’ compensation','However, finding a workers’ compensation defense firm that is truly committed to representing your organization and gives each claim the time and attention it deserves is not so easy','However, finding a <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/02/did-you-know-the-federal-government-is-not-subject-to-the-jurisdiction-of-the-ny-workers-compensation-board-on-a-theory-of-general-special-employment/\">workers’ compensation</a> defense firm that is truly committed to representing your organization and gives each claim the time and attention it deserves is not so easy','However, finding a workers’ compensation defense firm that is truly committed to representing your organization and gives each claim the time and attention it deserves is not so easy','Get M.A.D.[/et_pb_text][et_pb_divider color=\"#ffffff\" divider_weight=\"3px\" disabled_on=\"off|off|off\" _builder_version=\"4.3.2\" width=\"175px\" module_alignment=\"left\" min_height=\"3px\" height=\"3px\" module_alignment_tablet=\"center\" module_alignment_phone=\"center\" module_alignment_last_edited=\"on|desktop\" locked=\"off\" global_colors_info=\"{}\"][/et_pb_divider][et_pb_text admin_label=\"Content-1\" _builder_version=\"4.3.2\" text_text_color=\"#ffffff\" text_font_size=\"18px\" text_line_height=\"1.55em\" custom_padding=\"20px||15px||false|false\" text_orientation_tablet=\"center\" text_orientation_phone=\"\" text_orientation_last_edited=\"on|tablet\" locked=\"off\" global_colors_info=\"{}\"]It is not that difficult to find a workers’ compensation defense firm in New York. However, finding a workers’ compensation defense firm that is truly committed to representing your organization and gives each claim the time and attention it deserves is not so easy. Most firms will simply ask you to submit information and then update you as the process goes on.','However, finding a workers’ compensation defense firm that is truly committed to representing your organization and gives each claim the time and attention it deserves is not so easy.',0,'2022-04-04 11:58:00','2022-04-04 11:58:00'),(106,6,48276,'compensation defense','However, finding a workers’ compensation defense firm that is truly committed to representing your organization and gives each claim the time and attention it deserves is not so easy','However, finding a workers’ <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/amherst-workers-compensation-defense-law-office/\">compensation defense</a> firm that is truly committed to representing your organization and gives each claim the time and attention it deserves is not so easy','However, finding a workers’ compensation defense firm that is truly committed to representing your organization and gives each claim the time and attention it deserves is not so easy','Get M.A.D.[/et_pb_text][et_pb_divider color=\"#ffffff\" divider_weight=\"3px\" disabled_on=\"off|off|off\" _builder_version=\"4.3.2\" width=\"175px\" module_alignment=\"left\" min_height=\"3px\" height=\"3px\" module_alignment_tablet=\"center\" module_alignment_phone=\"center\" module_alignment_last_edited=\"on|desktop\" locked=\"off\" global_colors_info=\"{}\"][/et_pb_divider][et_pb_text admin_label=\"Content-1\" _builder_version=\"4.3.2\" text_text_color=\"#ffffff\" text_font_size=\"18px\" text_line_height=\"1.55em\" custom_padding=\"20px||15px||false|false\" text_orientation_tablet=\"center\" text_orientation_phone=\"\" text_orientation_last_edited=\"on|tablet\" locked=\"off\" global_colors_info=\"{}\"]It is not that difficult to find a workers’ compensation defense firm in New York. However, finding a workers’ compensation defense firm that is truly committed to representing your organization and gives each claim the time and attention it deserves is not so easy. Most firms will simply ask you to submit information and then update you as the process goes on.','However, finding a workers’ compensation defense firm that is truly committed to representing your organization and gives each claim the time and attention it deserves is not so easy.',0,'2022-04-04 11:58:00','2022-04-04 11:58:00'),(107,6,46342,'gives each claim','However, finding a workers’ compensation defense firm that is truly committed to representing your organization and gives each claim the time and attention it deserves is not so easy','However, finding a workers’ compensation defense firm that is truly committed to representing your organization 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/\">gives each claim</a> the time and attention it deserves is not so easy','However, finding a workers’ compensation defense firm that is truly committed to representing your organization and gives each claim the time and attention it deserves is not so easy','Get M.A.D.[/et_pb_text][et_pb_divider color=\"#ffffff\" divider_weight=\"3px\" disabled_on=\"off|off|off\" _builder_version=\"4.3.2\" width=\"175px\" module_alignment=\"left\" min_height=\"3px\" height=\"3px\" module_alignment_tablet=\"center\" module_alignment_phone=\"center\" module_alignment_last_edited=\"on|desktop\" locked=\"off\" global_colors_info=\"{}\"][/et_pb_divider][et_pb_text admin_label=\"Content-1\" _builder_version=\"4.3.2\" text_text_color=\"#ffffff\" text_font_size=\"18px\" text_line_height=\"1.55em\" custom_padding=\"20px||15px||false|false\" text_orientation_tablet=\"center\" text_orientation_phone=\"\" text_orientation_last_edited=\"on|tablet\" locked=\"off\" global_colors_info=\"{}\"]It is not that difficult to find a workers’ compensation defense firm in New York. However, finding a workers’ compensation defense firm that is truly committed to representing your organization and gives each claim the time and attention it deserves is not so easy. Most firms will simply ask you to submit information and then update you as the process goes on.','However, finding a workers’ compensation defense firm that is truly committed to representing your organization and gives each claim the time and attention it deserves is not so easy.',0,'2022-04-04 11:58:00','2022-04-04 11:58:00'),(108,46332,46367,'causally related','causally related CTS by','<a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/02/no-further-causally-related-disability-due-to-intervening-unrelated-accident/\">causally related</a> CTS by','causally related CTS by','one case, the treating physician determined  causally related CTS by  attributing the claimant’s condition ','In  one case, the treating physician determined  causally related CTS by',0,'2022-04-04 11:58:01','2022-04-04 11:58:01'),(110,46173,46421,'workers’ compensation','Upon moving back to western New York, Susan became involved in the workers’ compensation field and has been working in this area of practice about 10 years','Upon moving back to western New York, Susan became involved in the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2017/10/how-to-avoid-bad-luck-in-your-comp-claims-this-friday-the-13th-some-basic-time-constraints-for-new-york-state-workers-compensation-claims-to-keep-in-mind/\">workers’ compensation</a> field and has been working in this area of practice about 10 years','Upon moving back to western New York, Susan became involved in the workers’ compensation field and has been working in this area of practice about 10 years','She worked in corporate law while living in Virginia for 3.5 years. Upon moving back to western New York, Susan became involved in the workers’ compensation field and has been working in this area of practice about 10 years.','Upon moving back to western New York, Susan became involved in the workers’ compensation field and has been working in this area of practice about 10 years.',0,'2022-04-04 11:58:02','2022-04-04 11:58:02'),(111,46173,46486,'workers’ compensation','Upon moving back to western New York, Susan became involved in the workers’ compensation field and has been working in this area of practice about 10 years','Upon moving back to western New York, Susan became involved in the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2015/08/test-your-ny-workers-compensation-chops/\">workers’ compensation</a> field and has been working in this area of practice about 10 years','Upon moving back to western New York, Susan became involved in the workers’ compensation field and has been working in this area of practice about 10 years','She worked in corporate law while living in Virginia for 3.5 years. Upon moving back to western New York, Susan became involved in the workers’ compensation field and has been working in this area of practice about 10 years.','Upon moving back to western New York, Susan became involved in the workers’ compensation field and has been working in this area of practice about 10 years.',0,'2022-04-04 11:58:02','2022-04-04 11:58:02'),(112,46173,46512,'workers’ compensation','Upon moving back to western New York, Susan became involved in the workers’ compensation field and has been working in this area of practice about 10 years','Upon moving back to western New York, Susan became involved in the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/09/board-process-re-engineering-bpr-ny-workers-compensation-forum-members-should-be-included-in-the-dialogue/\">workers’ compensation</a> field and has been working in this area of practice about 10 years','Upon moving back to western New York, Susan became involved in the workers’ compensation field and has been working in this area of practice about 10 years','She worked in corporate law while living in Virginia for 3.5 years. Upon moving back to western New York, Susan became involved in the workers’ compensation field and has been working in this area of practice about 10 years.','Upon moving back to western New York, Susan became involved in the workers’ compensation field and has been working in this area of practice about 10 years.',0,'2022-04-04 11:58:02','2022-04-04 11:58:02'),(113,46173,46555,'workers’ compensation','Upon moving back to western New York, Susan became involved in the workers’ compensation field and has been working in this area of practice about 10 years','Upon moving back to western New York, Susan became involved in the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/02/did-you-know-the-federal-government-is-not-subject-to-the-jurisdiction-of-the-ny-workers-compensation-board-on-a-theory-of-general-special-employment/\">workers’ compensation</a> field and has been working in this area of practice about 10 years','Upon moving back to western New York, Susan became involved in the workers’ compensation field and has been working in this area of practice about 10 years','She worked in corporate law while living in Virginia for 3.5 years. Upon moving back to western New York, Susan became involved in the workers’ compensation field and has been working in this area of practice about 10 years.','Upon moving back to western New York, Susan became involved in the workers’ compensation field and has been working in this area of practice about 10 years.',0,'2022-04-04 11:58:02','2022-04-04 11:58:02'),(114,46329,46422,'claimants have either been living with it without treatment','That’s often impossible because most claimants have either been living with it without treatment, or they’ve treated with their primary care doctor and don’t disclose it because it wasn’t the result of an “injury”','That’s often impossible because most <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2017/06/board-finds-that-medical-treatment-guidelines-apply-to-out-of-state-claimants/\">claimants have either been living with it without treatment</a>, or they’ve treated with their primary care doctor and don’t disclose it because it wasn’t the result of an “injury”','That’s often impossible because most claimants have either been living with it without treatment, or they’ve treated with their primary care doctor and don’t disclose it because it wasn’t the result of an “injury”','As we know, it’s virtually impossible to prove apportionment to pre-existing arthritis/degenerative conditions without proof that the prior condition was “disabling in a compensation sense”. That’s often impossible because most claimants have either been living with it without treatment, or they’ve treated with their primary care doctor and don’t disclose it because it wasn’t the result of an “injury”. And unless we know the treatment records are out there, you’re stuck.','That’s often impossible because most claimants have either been living with it without treatment, or they’ve treated with their primary care doctor and don’t disclose it because it wasn’t the result of an “injury”.',0,'2022-04-04 11:58:03','2022-04-04 11:58:03'),(115,46368,46371,'claimant performed the same duties when working','The claimant performed the same duties when working for Ms','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 performed the same duties when working</a> for Ms','The claimant performed the same duties when working for Ms','The claimant testified that she originally took care of the elderly mother through her work with another agency, but then Clare Hayduscko approached the claimant and offered to pay her privately, which is what had been happening proceeding the date of accident.  The claimant performed the same duties when working for Ms. Hayduscko as she did when she worked for the agency. ','ther or not a claimant qualifies as an independent contractor or an employee.  The Board Panel recently reviewed this issue in the case of <u>Matter of Clare Hayduscko</u>, 219 N.Y. Wrk. Comp. 40708094 (2019).  In that case, the claimant injured her right ankle when she slipped on a wet floor while working as a home health aid.  The claimant indicated that her employer was Clare Hayduscko, who was not insured on the date of accident.  Clare Hayduscko asserted that the claimant was not an employee, but rather an independent contractor.  The claimant was working helping to take care of Clare Hayduscko’s elderly mother 7 hours a day, 5 days a week.  The claimant testified that she originally took care of the elderly mother through her work with another agency, but then Clare Hayduscko approached the claimant and offered to pay her privately, which is what had been happening proceeding the date of accident.  The claimant performed the same duties when working for Ms.',0,'2022-04-04 13:24:37','2022-04-04 13:24:37'),(116,46368,46371,'claimant was working','The claimant was working helping to take care of Clare Hayduscko’s elderly mother 7 hours a day, 5 days a week','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> helping to take care of Clare Hayduscko’s elderly mother 7 hours a day, 5 days a week','The claimant was working helping to take care of Clare Hayduscko’s elderly mother 7 hours a day, 5 days a week','Clare Hayduscko asserted that the claimant was not an employee, but rather an independent contractor.  The claimant was working helping to take care of Clare Hayduscko’s elderly mother 7 hours a day, 5 days a week.  The claimant testified that she originally took care of the elderly mother through her work with another agency, but then Clare Hayduscko approached the claimant and offered to pay her privately, which is what had been happening proceeding the date of accident. ','ther or not a claimant qualifies as an independent contractor or an employee.  The Board Panel recently reviewed this issue in the case of <u>Matter of Clare Hayduscko</u>, 219 N.Y. Wrk. Comp. 40708094 (2019).  In that case, the claimant injured her right ankle when she slipped on a wet floor while working as a home health aid.  The claimant indicated that her employer was Clare Hayduscko, who was not insured on the date of accident.  Clare Hayduscko asserted that the claimant was not an employee, but rather an independent contractor.  The claimant was working helping to take care of Clare Hayduscko’s elderly mother 7 hours a day, 5 days a week.',0,'2022-04-04 13:24:37','2022-04-04 13:24:37'),(117,46368,46561,'claimant testified','The claimant testified that she originally took care of the elderly mother through her work with another agency, but then Clare Hayduscko approached the claimant and offered to pay her privately, which is what had been happening proceeding the date of accident','The <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> that she originally took care of the elderly mother through her work with another agency, but then Clare Hayduscko approached the claimant and offered to pay her privately, which is what had been happening proceeding the date of accident','The claimant testified that she originally took care of the elderly mother through her work with another agency, but then Clare Hayduscko approached the claimant and offered to pay her privately, which is what had been happening proceeding the date of accident','The claimant was working helping to take care of Clare Hayduscko’s elderly mother 7 hours a day, 5 days a week.  The claimant testified that she originally took care of the elderly mother through her work with another agency, but then Clare Hayduscko approached the claimant and offered to pay her privately, which is what had been happening proceeding the date of accident.  The claimant performed the same duties when working for Ms.','ther or not a claimant qualifies as an independent contractor or an employee.  The Board Panel recently reviewed this issue in the case of <u>Matter of Clare Hayduscko</u>, 219 N.Y. Wrk. Comp. 40708094 (2019).  In that case, the claimant injured her right ankle when she slipped on a wet floor while working as a home health aid.  The claimant indicated that her employer was Clare Hayduscko, who was not insured on the date of accident.  Clare Hayduscko asserted that the claimant was not an employee, but rather an independent contractor.  The claimant was working helping to take care of Clare Hayduscko’s elderly mother 7 hours a day, 5 days a week.  The claimant testified that she originally took care of the elderly mother through her work with another agency, but then Clare Hayduscko approached the claimant and offered to pay her privately, which is what had been happening proceeding the date of accident.',0,'2022-04-04 13:24:37','2022-04-04 13:24:37'),(118,46368,46422,'board panel found that this qualified the claimant','The board panel found that this qualified the claimant as a domestic worker','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/\">board panel found that this qualified the claimant</a> as a domestic worker','The board panel found that this qualified the claimant as a domestic worker','She cooked, cleaned, did light laundry and helped with the elderly mother.  The board panel found that this qualified the claimant as a domestic worker.  The board panel found that the claimant was an employee of Clare Hayduscko and not an independent contractor. ','ther or not a claimant qualifies as an independent contractor or an employee.  The Board Panel recently reviewed this issue in the case of <u>Matter of Clare Hayduscko</u>, 219 N.Y. Wrk. Comp. 40708094 (2019).  In that case, the claimant injured her right ankle when she slipped on a wet floor while working as a home health aid.  The claimant indicated that her employer was Clare Hayduscko, who was not insured on the date of accident.  Clare Hayduscko asserted that the claimant was not an employee, but rather an independent contractor.  The claimant was working helping to take care of Clare Hayduscko’s elderly mother 7 hours a day, 5 days a week.  The claimant testified that she originally took care of the elderly mother through her work with another agency, but then Clare Hayduscko approached the claimant and offered to pay her privately, which is what had been happening proceeding the date of accident.  The claimant performed the same duties when working for Ms. Hayduscko as she did when she worked for the agency.  She cooked, cleaned, did light laundry and helped with the elderly mother.  The board panel found that this qualified the claimant as a domestic worker.  The board panel found that the claimant was an employee of Clare Hayduscko and not an independent contractor.  Clare Hayduscko was assessed a fine for not maintaining workers’ compensation insurance.  The board panel noted that home health aids are considered to be domestic worker',0,'2022-04-04 13:24:37','2022-04-04 13:24:37'),(119,46368,46549,'found that this qualified the claimant','The board panel found that this qualified the claimant as a domestic worker','The board panel <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 this qualified the claimant</a> as a domestic worker','The board panel found that this qualified the claimant as a domestic worker','She cooked, cleaned, did light laundry and helped with the elderly mother.  The board panel found that this qualified the claimant as a domestic worker.  The board panel found that the claimant was an employee of Clare Hayduscko and not an independent contractor. ','ther or not a claimant qualifies as an independent contractor or an employee.  The Board Panel recently reviewed this issue in the case of <u>Matter of Clare Hayduscko</u>, 219 N.Y. Wrk. Comp. 40708094 (2019).  In that case, the claimant injured her right ankle when she slipped on a wet floor while working as a home health aid.  The claimant indicated that her employer was Clare Hayduscko, who was not insured on the date of accident.  Clare Hayduscko asserted that the claimant was not an employee, but rather an independent contractor.  The claimant was working helping to take care of Clare Hayduscko’s elderly mother 7 hours a day, 5 days a week.  The claimant testified that she originally took care of the elderly mother through her work with another agency, but then Clare Hayduscko approached the claimant and offered to pay her privately, which is what had been happening proceeding the date of accident.  The claimant performed the same duties when working for Ms. Hayduscko as she did when she worked for the agency.  She cooked, cleaned, did light laundry and helped with the elderly mother.  The board panel found that this qualified the claimant as a domestic worker.  The board panel found that the claimant was an employee of Clare Hayduscko and not an independent contractor.  Clare Hayduscko was assessed a fine for not maintaining workers’ compensation insurance.  The board panel noted that home health aids are considered to be domestic worker',0,'2022-04-04 13:24:37','2022-04-04 13:24:37'),(120,46368,46421,'workers’ compensation','Clare Hayduscko was assessed a fine for not maintaining workers’ compensation insurance','Clare Hayduscko was assessed a fine for not maintaining <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> insurance','Clare Hayduscko was assessed a fine for not maintaining workers’ compensation insurance','The board panel found that the claimant was an employee of Clare Hayduscko and not an independent contractor.  Clare Hayduscko was assessed a fine for not maintaining workers’ compensation insurance.  The board panel noted that home health aids are considered to be domestic workers.','Clare Hayduscko</u>, 219 N.Y. Wrk. Comp. 40708094 (2019).  In that case, the claimant injured her right ankle when she slipped on a wet floor while working as a home health aid.  The claimant indicated that her employer was Clare Hayduscko, who was not insured on the date of accident.  Clare Hayduscko asserted that the claimant was not an employee, but rather an independent contractor.  The claimant was working helping to take care of Clare Hayduscko’s elderly mother 7 hours a day, 5 days a week.  The claimant testified that she originally took care of the elderly mother through her work with another agency, but then Clare Hayduscko approached the claimant and offered to pay her privately, which is what had been happening proceeding the date of accident.  The claimant performed the same duties when working for Ms. Hayduscko as she did when she worked for the agency.  She cooked, cleaned, did light laundry and helped with the elderly mother.  The board panel found that this qualified the claimant as a domestic worker.  The board panel found that the claimant was an employee of Clare Hayduscko and not an independent contractor.  Clare Hayduscko was assessed a fine for not maintaining workers’ compensation insurance.',0,'2022-04-04 13:24:37','2022-04-04 13:24:37'),(121,46368,46486,'workers’ compensation','Clare Hayduscko was assessed a fine for not maintaining workers’ compensation insurance','Clare Hayduscko was assessed a fine for not maintaining <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/08/test-your-ny-workers-compensation-chops/\">workers’ compensation</a> insurance','Clare Hayduscko was assessed a fine for not maintaining workers’ compensation insurance','The board panel found that the claimant was an employee of Clare Hayduscko and not an independent contractor.  Clare Hayduscko was assessed a fine for not maintaining workers’ compensation insurance.  The board panel noted that home health aids are considered to be domestic workers.','Clare Hayduscko</u>, 219 N.Y. Wrk. Comp. 40708094 (2019).  In that case, the claimant injured her right ankle when she slipped on a wet floor while working as a home health aid.  The claimant indicated that her employer was Clare Hayduscko, who was not insured on the date of accident.  Clare Hayduscko asserted that the claimant was not an employee, but rather an independent contractor.  The claimant was working helping to take care of Clare Hayduscko’s elderly mother 7 hours a day, 5 days a week.  The claimant testified that she originally took care of the elderly mother through her work with another agency, but then Clare Hayduscko approached the claimant and offered to pay her privately, which is what had been happening proceeding the date of accident.  The claimant performed the same duties when working for Ms. Hayduscko as she did when she worked for the agency.  She cooked, cleaned, did light laundry and helped with the elderly mother.  The board panel found that this qualified the claimant as a domestic worker.  The board panel found that the claimant was an employee of Clare Hayduscko and not an independent contractor.  Clare Hayduscko was assessed a fine for not maintaining workers’ compensation insurance.',0,'2022-04-04 13:24:37','2022-04-04 13:24:37'),(122,46368,46512,'workers’ compensation','Clare Hayduscko was assessed a fine for not maintaining workers’ compensation insurance','Clare Hayduscko was assessed a fine for not maintaining <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> insurance','Clare Hayduscko was assessed a fine for not maintaining workers’ compensation insurance','The board panel found that the claimant was an employee of Clare Hayduscko and not an independent contractor.  Clare Hayduscko was assessed a fine for not maintaining workers’ compensation insurance.  The board panel noted that home health aids are considered to be domestic workers.','Clare Hayduscko</u>, 219 N.Y. Wrk. Comp. 40708094 (2019).  In that case, the claimant injured her right ankle when she slipped on a wet floor while working as a home health aid.  The claimant indicated that her employer was Clare Hayduscko, who was not insured on the date of accident.  Clare Hayduscko asserted that the claimant was not an employee, but rather an independent contractor.  The claimant was working helping to take care of Clare Hayduscko’s elderly mother 7 hours a day, 5 days a week.  The claimant testified that she originally took care of the elderly mother through her work with another agency, but then Clare Hayduscko approached the claimant and offered to pay her privately, which is what had been happening proceeding the date of accident.  The claimant performed the same duties when working for Ms. Hayduscko as she did when she worked for the agency.  She cooked, cleaned, did light laundry and helped with the elderly mother.  The board panel found that this qualified the claimant as a domestic worker.  The board panel found that the claimant was an employee of Clare Hayduscko and not an independent contractor.  Clare Hayduscko was assessed a fine for not maintaining workers’ compensation insurance.',0,'2022-04-04 13:24:37','2022-04-04 13:24:37'),(123,46368,46555,'workers’ compensation','Clare Hayduscko was assessed a fine for not maintaining workers’ compensation insurance','Clare Hayduscko was assessed a fine for not maintaining <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> insurance','Clare Hayduscko was assessed a fine for not maintaining workers’ compensation insurance','The board panel found that the claimant was an employee of Clare Hayduscko and not an independent contractor.  Clare Hayduscko was assessed a fine for not maintaining workers’ compensation insurance.  The board panel noted that home health aids are considered to be domestic workers.','Clare Hayduscko</u>, 219 N.Y. Wrk. Comp. 40708094 (2019).  In that case, the claimant injured her right ankle when she slipped on a wet floor while working as a home health aid.  The claimant indicated that her employer was Clare Hayduscko, who was not insured on the date of accident.  Clare Hayduscko asserted that the claimant was not an employee, but rather an independent contractor.  The claimant was working helping to take care of Clare Hayduscko’s elderly mother 7 hours a day, 5 days a week.  The claimant testified that she originally took care of the elderly mother through her work with another agency, but then Clare Hayduscko approached the claimant and offered to pay her privately, which is what had been happening proceeding the date of accident.  The claimant performed the same duties when working for Ms. Hayduscko as she did when she worked for the agency.  She cooked, cleaned, did light laundry and helped with the elderly mother.  The board panel found that this qualified the claimant as a domestic worker.  The board panel found that the claimant was an employee of Clare Hayduscko and not an independent contractor.  Clare Hayduscko was assessed a fine for not maintaining workers’ compensation insurance.',0,'2022-04-04 13:24:37','2022-04-04 13:24:37'),(124,46442,46421,'workers’ compensation','Pursuant to 12 NYCRR § 325-8.2(a), the employer must notify its employees in writing “of the preferred provider organization arrangement for the treatment of all workers’ compensation injuries and illnesses','Pursuant to 12 NYCRR § 325-8.2(a), the employer must notify its employees in writing “of the preferred provider organization arrangement for the treatment of all <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> injuries and illnesses','Pursuant to 12 NYCRR § 325-8.2(a), the employer must notify its employees in writing “of the preferred provider organization arrangement for the treatment of all workers’ compensation injuries and illnesses','Pursuant to 12 NYCRR § 325-8.2(a), the employer must notify its employees in writing “of the preferred provider organization arrangement for the treatment of all workers’ compensation injuries and illnesses. Such written notice shall also advise potential claimants that they may obtain more detailed informational materials regarding the preferred provider organization from the employer.”  ','Pursuant to 12 NYCRR § 325-8.2(a), the employer must notify its employees in writing “of the preferred provider organization arrangement for the treatment of all workers’ compensation injuries and illnesses.',0,'2022-04-04 13:24:40','2022-04-04 13:24:40'),(125,46442,46486,'workers’ compensation','Pursuant to 12 NYCRR § 325-8.2(a), the employer must notify its employees in writing “of the preferred provider organization arrangement for the treatment of all workers’ compensation injuries and illnesses','Pursuant to 12 NYCRR § 325-8.2(a), the employer must notify its employees in writing “of the preferred provider organization arrangement for the treatment of all <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/08/test-your-ny-workers-compensation-chops/\">workers’ compensation</a> injuries and illnesses','Pursuant to 12 NYCRR § 325-8.2(a), the employer must notify its employees in writing “of the preferred provider organization arrangement for the treatment of all workers’ compensation injuries and illnesses','Pursuant to 12 NYCRR § 325-8.2(a), the employer must notify its employees in writing “of the preferred provider organization arrangement for the treatment of all workers’ compensation injuries and illnesses. Such written notice shall also advise potential claimants that they may obtain more detailed informational materials regarding the preferred provider organization from the employer.”  ','Pursuant to 12 NYCRR § 325-8.2(a), the employer must notify its employees in writing “of the preferred provider organization arrangement for the treatment of all workers’ compensation injuries and illnesses.',0,'2022-04-04 13:24:40','2022-04-04 13:24:40'),(126,46442,46512,'workers’ compensation','Pursuant to 12 NYCRR § 325-8.2(a), the employer must notify its employees in writing “of the preferred provider organization arrangement for the treatment of all workers’ compensation injuries and illnesses','Pursuant to 12 NYCRR § 325-8.2(a), the employer must notify its employees in writing “of the preferred provider organization arrangement for the treatment of all <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> injuries and illnesses','Pursuant to 12 NYCRR § 325-8.2(a), the employer must notify its employees in writing “of the preferred provider organization arrangement for the treatment of all workers’ compensation injuries and illnesses','Pursuant to 12 NYCRR § 325-8.2(a), the employer must notify its employees in writing “of the preferred provider organization arrangement for the treatment of all workers’ compensation injuries and illnesses. Such written notice shall also advise potential claimants that they may obtain more detailed informational materials regarding the preferred provider organization from the employer.”  ','Pursuant to 12 NYCRR § 325-8.2(a), the employer must notify its employees in writing “of the preferred provider organization arrangement for the treatment of all workers’ compensation injuries and illnesses.',0,'2022-04-04 13:24:40','2022-04-04 13:24:40'),(127,46131,46486,'workers’ compensation','Before joining LOMAD, James trained by both prosecuting and defending workers’ compensation cases and garnered a unique and valuable perspective sometimes having litigated the very same issue from the opposite side of the table – sometimes on the very same day','Before joining LOMAD, James trained by both prosecuting and defending <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/08/test-your-ny-workers-compensation-chops/\">workers’ compensation</a> cases and garnered a unique and valuable perspective sometimes having litigated the very same issue from the opposite side of the table – sometimes on the very same day','Before joining LOMAD, James trained by both prosecuting and defending workers’ compensation cases and garnered a unique and valuable perspective sometimes having litigated the very same issue from the opposite side of the table – sometimes on the very same day','Before joining LOMAD, James trained by both prosecuting and defending workers’ compensation cases and garnered a unique and valuable perspective sometimes having litigated the very same issue from the opposite side of the table – sometimes on the very same day. From this experience, James knows the subtleties of fact, the nuances of law, and often the opaque motivations that drive the parties through litigation; he uses that experience to provide our clients with the most effective and through defenses available, often predicting an opponent’s claim strategy and crafting a proactive strategy for a successful defense.','Before joining LOMAD, James trained by both prosecuting and defending workers’ compensation cases and garnered a unique and valuable perspective sometimes having litigated the very same issue from the opposite side of the table – sometimes on the very same day.',0,'2022-04-04 13:24:42','2022-04-04 13:24:42'),(128,46131,46555,'workers’ compensation','Before joining LOMAD, James trained by both prosecuting and defending workers’ compensation cases and garnered a unique and valuable perspective sometimes having litigated the very same issue from the opposite side of the table – sometimes on the very same day','Before joining LOMAD, James trained by both prosecuting and defending <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> cases and garnered a unique and valuable perspective sometimes having litigated the very same issue from the opposite side of the table – sometimes on the very same day','Before joining LOMAD, James trained by both prosecuting and defending workers’ compensation cases and garnered a unique and valuable perspective sometimes having litigated the very same issue from the opposite side of the table – sometimes on the very same day','Before joining LOMAD, James trained by both prosecuting and defending workers’ compensation cases and garnered a unique and valuable perspective sometimes having litigated the very same issue from the opposite side of the table – sometimes on the very same day. From this experience, James knows the subtleties of fact, the nuances of law, and often the opaque motivations that drive the parties through litigation; he uses that experience to provide our clients with the most effective and through defenses available, often predicting an opponent’s claim strategy and crafting a proactive strategy for a successful defense.','Before joining LOMAD, James trained by both prosecuting and defending workers’ compensation cases and garnered a unique and valuable perspective sometimes having litigated the very same issue from the opposite side of the table – sometimes on the very same day.',0,'2022-04-04 13:24:42','2022-04-04 13:24:42'),(129,46131,46374,'– sometimes on the very same day','Before joining LOMAD, James trained by both prosecuting and defending workers’ compensation cases and garnered a unique and valuable perspective sometimes having litigated the very same issue from the opposite side of the table – sometimes on the very same day','Before joining LOMAD, James trained by both prosecuting and defending workers’ compensation cases and garnered a unique and valuable perspective sometimes having litigated the very same issue from the opposite side of the table <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/\">– sometimes on the very same day</a>','Before joining LOMAD, James trained by both prosecuting and defending workers’ compensation cases and garnered a unique and valuable perspective sometimes having litigated the very same issue from the opposite side of the table – sometimes on the very same day','Before joining LOMAD, James trained by both prosecuting and defending workers’ compensation cases and garnered a unique and valuable perspective sometimes having litigated the very same issue from the opposite side of the table – sometimes on the very same day. From this experience, James knows the subtleties of fact, the nuances of law, and often the opaque motivations that drive the parties through litigation; he uses that experience to provide our clients with the most effective and through defenses available, often predicting an opponent’s claim strategy and crafting a proactive strategy for a successful defense.','Before joining LOMAD, James trained by both prosecuting and defending workers’ compensation cases and garnered a unique and valuable perspective sometimes having litigated the very same issue from the opposite side of the table – sometimes on the very same day. From this experience, James knows the subtleties of fact, the nuances of law, and often the opaque motivations that drive the parties through litigation; he uses that experience to provide our clients with the most effective and through defenses available, often predicting an opponent’s claim strategy and crafting a proactive strategy for a successful defense.',0,'2022-04-04 13:24:42','2022-04-04 13:24:42'),(130,46131,46541,'insurance carriers,','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 <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 carriers,</a> 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.','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,'2022-04-04 13:24:42','2022-04-04 13:24:42'),(132,46131,46387,'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-contentwww.getmad.today/blog/2018/12/review-of-workers-compensation-board-schedule-loss-of-use-frequently-asked-questions-and-new-permanency-forms/\">workers compensation</a> 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,'2022-04-04 13:24:42','2022-04-04 13:24:42'),(133,46131,48276,'workers compensation claims where the law','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-contentwww.getmad.today/amherst-workers-compensation-defense-law-office/\">workers compensation claims where the law</a> 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,'2022-04-04 13:24:42','2022-04-04 13:24:42'),(134,46131,46421,'compensation claims','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 <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/\">compensation claims</a> 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,'2022-04-04 13:24:42','2022-04-04 13:24:42'),(135,46131,46369,'law deserves thorough research and every fact','To James, every case is interesting, every question of law deserves thorough research and every fact demands a proper investigation','To James, every case is interesting, every question of <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/02/no-error-of-law-or-fact-in-an-application-for-full-board-review/\">law deserves thorough research and every fact</a> demands a proper investigation','To James, every case is interesting, every question of law deserves thorough research and every fact demands a proper investigation','To James, every case is interesting, every question of law deserves thorough research and every fact demands a proper investigation.','To James, every case is interesting, every question of law deserves thorough research and every fact demands a proper investigation.',0,'2022-04-04 13:24:42','2022-04-04 13:24:42'),(136,46350,46371,'claimant was working','In overturning the Board’s decision, the Third Department seemingly was not all that concerned that claimant was working from home, on his lunch break, and moving furniture into his home (i.e., office furniture that was not paid for, nor approved, by claimant’s employer)','In overturning the Board’s decision, the Third Department seemingly was not all that concerned that <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> from home, on his lunch break, and moving furniture into his home (i.e., office furniture that was not paid for, nor approved, by claimant’s employer)','In overturning the Board’s decision, the Third Department seemingly was not all that concerned that claimant was working from home, on his lunch break, and moving furniture into his home (i.e., office furniture that was not paid for, nor approved, by claimant’s employer)','Subsequently, the Third Department reversed and remitted the matter to determine whether the claimant injured himself in the scope and course of his employment. In overturning the Board’s decision, the Third Department seemingly was not all that concerned that claimant was working from home, on his lunch break, and moving furniture into his home (i.e., office furniture that was not paid for, nor approved, by claimant’s employer). Instead, the Court relied on longstanding precedent that injuries sustained during brief breaks at work are generally still compensable, unless they were purely personal (i.e., not sufficiently work related).','ine whether the claimant injured himself in the scope and course of his employment. In overturning the Board’s decision, the Third Department seemingly was not all that concerned that claimant was working from home, on his lunch break, and moving furniture into his home (i.e., office furniture that was not paid for, nor approved, by claimant’s employer',0,'2022-04-04 13:24:44','2022-04-04 13:24:44'),(137,46350,46344,'claimant’s injuries','That is, the Board Panel only would find claimant’s injuries compensable if they had occurred both during working hours and while performing work activities','That is, the Board Panel only would find <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 injuries</a> compensable if they had occurred both during working hours and while performing work activities','That is, the Board Panel only would find claimant’s injuries compensable if they had occurred both during working hours and while performing work activities','In fact, the Court indicated that it believed that the Board Panel ignored these basic principles in favor of a more stringent standard for employees working from home. That is, the Board Panel only would find claimant’s injuries compensable if they had occurred both during working hours and while performing work activities. Significantly, the Court stated that a consistent pattern of working from home makes the employee’s home a place of employment, equivalent to a traditional workspace.','that concerned that claimant was working from home, on his lunch break, and moving furniture into his home (i.e., office furniture that was not paid for, nor approved, by claimant’s employer). Instead, the Court relied on longstanding precedent that injuries sustained during brief breaks at work are generally still compensable, unless they were purely personal (i.e., not sufficiently work related). In fact, the Court indicated that it believed that the Board Panel ignored these basic principles in favor of a more stringent standard for employees working from home. That is, the Board Panel only would find claimant’s injuries compensable if they had occurred both during working hours and while performing work activities.',0,'2022-04-04 13:24:44','2022-04-04 13:24:44'),(138,46350,46511,'required most employers to transition to having their employees','However, the COVID-19 pandemic unexpectedly required most employers to transition to having their employees work remotely, either all or in-part','However, the COVID-19 pandemic <u>unexpectedly</u> <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/\">required most employers to transition to having their employees</a> work remotely, either all or in-part','However, the COVID-19 pandemic <u>unexpectedly</u> required most employers to transition to having their employees work remotely, either all or in-part','Much of the Third Department’s decision in Capraro hinges on the claimant’s consistent pattern of working from home converting the claimant’s home into the functional equivalent of the employer’s primary place of business. However, the COVID-19 pandemic unexpectedly required most employers to transition to having their employees work remotely, either all or in-part. Employers made this change both to: (a) comply with government directives and recommendations; and (b) ensure their employee’s safety.','However, the COVID-19 pandemic <u>unexpectedly</u> required most employers to transition to having their employees work remotely, either all or in-part. Employers made this change both to: (a) comply with government directives and recommendations; and (b) ensure their employee’s safety. What is more, many employers either did, or hope to, return to the office as soon as it is safe to do so. Therefore, it would be unfair and inaccurate to characterize employees working from home due to the COVID-19 pandemic as engaged in a “consistent pattern of working from home.” Thus, the Board and the Third Depart',0,'2022-04-04 13:24:44','2022-04-04 13:24:44'),(139,46350,46511,'employers in a difficult situation; requiring','The pandemic placed employers in a difficult situation; requiring them to drastically alter their preferred business models to ensure both their employee’s and the community’s safety','The pandemic placed <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/\">employers in a difficult situation; requiring</a> them to drastically alter their preferred business models to ensure both their employee’s and the community’s safety','The pandemic placed employers in a difficult situation; requiring them to drastically alter their preferred business models to ensure both their employee’s and the community’s safety','Instead, we contend that the Board should apply its decision in Matter of Matrix Absence Management to cases where claimants injure themselves while working from home due to the COVID-19 pandemic.  The pandemic placed employers in a difficult situation; requiring them to drastically alter their preferred business models to ensure both their employee’s and the community’s safety. Applying the Third Department’s standard in Capraro will unnecessarily increase the number of workers’ compensation claims that these very same employers will face, despite their best intentions.','the Board should apply its decision in <u>Matter of Matrix Absence Management</u> to cases where claimants injure themselves while working from home due to the COVID-19 pandemic.  The pandemic placed employers in a difficult situation; requiring them to drastically alter their preferred business models to ensure both their employee’s and the community’s safety.',0,'2022-04-04 13:24:44','2022-04-04 13:24:44'),(140,46350,46511,'claims that these very same employers','Applying the Third Department’s standard in Capraro will unnecessarily increase the number of workers’ compensation claims that these very same employers will face, despite their best intentions','Applying the Third Department’s standard in <u>Capraro</u> will unnecessarily increase the number of workers’ compensation <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/10/less-than-twelve-weeks-remaining-for-wcl-%c2%a725-a-because-subject-046-630-contains-stricter-requirements-for-reopening-a-claim-on-the-issue-of-%c2%a725-a-prudent-carriers-and-employers-may-want/\">claims that these very same employers</a> will face, despite their best intentions','Applying the Third Department’s standard in <u>Capraro</u> will unnecessarily increase the number of workers’ compensation claims that these very same employers will face, despite their best intentions','The pandemic placed employers in a difficult situation; requiring them to drastically alter their preferred business models to ensure both their employee’s and the community’s safety. Applying the Third Department’s standard in Capraro will unnecessarily increase the number of workers’ compensation claims that these very same employers will face, despite their best intentions. Conversely, the Board Panel’s underlying decision in Mater of Matrix Absence Management guarantees that employees can still pursue workers’ compensation claims for injuries suffered at work, but not for injuries suffered while, for example, emptying the dishwasher.','Applying the Third Department’s standard in <u>Capraro</u> will unnecessarily increase the number of workers’ compensation claims that these very same employers will face, despite their best intentions.',0,'2022-04-04 13:24:44','2022-04-04 13:24:44'),(141,46350,46421,'workers’ compensation claims','Applying the Third Department’s standard in Capraro will unnecessarily increase the number of workers’ compensation claims that these very same employers will face, despite their best intentions','Applying the Third Department’s standard in <u>Capraro</u> will unnecessarily increase the number of <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 claims</a> that these very same employers will face, despite their best intentions','Applying the Third Department’s standard in <u>Capraro</u> will unnecessarily increase the number of workers’ compensation claims that these very same employers will face, despite their best intentions','The pandemic placed employers in a difficult situation; requiring them to drastically alter their preferred business models to ensure both their employee’s and the community’s safety. Applying the Third Department’s standard in Capraro will unnecessarily increase the number of workers’ compensation claims that these very same employers will face, despite their best intentions. Conversely, the Board Panel’s underlying decision in Mater of Matrix Absence Management guarantees that employees can still pursue workers’ compensation claims for injuries suffered at work, but not for injuries suffered while, for example, emptying the dishwasher.','Applying the Third Department’s standard in <u>Capraro</u> will unnecessarily increase the number of workers’ compensation claims that these very same employers will face, despite their best intentions.',0,'2022-04-04 13:24:44','2022-04-04 13:24:44'),(142,46350,46421,'workers’ compensation claims','Conversely, the Board Panel’s underlying decision in Mater of Matrix Absence Management guarantees that employees can still pursue workers’ compensation claims for injuries suffered at work, but not for injuries suffered while, for example, emptying the dishwasher','Conversely, the Board Panel’s underlying decision in <u>Mater of Matrix Absence Management</u> guarantees that employees can still pursue <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 claims</a> for injuries suffered at work, but not for injuries suffered while, for example, emptying the dishwasher','Conversely, the Board Panel’s underlying decision in <u>Mater of Matrix Absence Management</u> guarantees that employees can still pursue workers’ compensation claims for injuries suffered at work, but not for injuries suffered while, for example, emptying the dishwasher','Applying the Third Department’s standard in Capraro will unnecessarily increase the number of workers’ compensation claims that these very same employers will face, despite their best intentions. Conversely, the Board Panel’s underlying decision in Mater of Matrix Absence Management guarantees that employees can still pursue workers’ compensation claims for injuries suffered at work, but not for injuries suffered while, for example, emptying the dishwasher.','Conversely, the Board Panel’s underlying decision in <u>Mater of Matrix Absence Management</u> guarantees that employees can still pursue workers’ compensation claims for injuries suffered at work, but not for injuries suffered while, for example, emptying the dishwasher.',0,'2022-04-04 13:24:44','2022-04-04 13:24:44'),(143,46350,46486,'workers’ compensation','Applying the Third Department’s standard in Capraro will unnecessarily increase the number of workers’ compensation claims that these very same employers will face, despite their best intentions','Applying the Third Department’s standard in <u>Capraro</u> will unnecessarily increase the number of <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/08/test-your-ny-workers-compensation-chops/\">workers’ compensation</a> claims that these very same employers will face, despite their best intentions','Applying the Third Department’s standard in <u>Capraro</u> will unnecessarily increase the number of workers’ compensation claims that these very same employers will face, despite their best intentions','The pandemic placed employers in a difficult situation; requiring them to drastically alter their preferred business models to ensure both their employee’s and the community’s safety. Applying the Third Department’s standard in Capraro will unnecessarily increase the number of workers’ compensation claims that these very same employers will face, despite their best intentions. Conversely, the Board Panel’s underlying decision in Mater of Matrix Absence Management guarantees that employees can still pursue workers’ compensation claims for injuries suffered at work, but not for injuries suffered while, for example, emptying the dishwasher.','Applying the Third Department’s standard in <u>Capraro</u> will unnecessarily increase the number of workers’ compensation claims that these very same employers will face, despite their best intentions.',0,'2022-04-04 13:24:44','2022-04-04 13:24:44'),(144,46350,46486,'workers’ compensation','Conversely, the Board Panel’s underlying decision in Mater of Matrix Absence Management guarantees that employees can still pursue workers’ compensation claims for injuries suffered at work, but not for injuries suffered while, for example, emptying the dishwasher','Conversely, the Board Panel’s underlying decision in <u>Mater of Matrix Absence Management</u> guarantees that employees can still pursue <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/08/test-your-ny-workers-compensation-chops/\">workers’ compensation</a> claims for injuries suffered at work, but not for injuries suffered while, for example, emptying the dishwasher','Conversely, the Board Panel’s underlying decision in <u>Mater of Matrix Absence Management</u> guarantees that employees can still pursue workers’ compensation claims for injuries suffered at work, but not for injuries suffered while, for example, emptying the dishwasher','Applying the Third Department’s standard in Capraro will unnecessarily increase the number of workers’ compensation claims that these very same employers will face, despite their best intentions. Conversely, the Board Panel’s underlying decision in Mater of Matrix Absence Management guarantees that employees can still pursue workers’ compensation claims for injuries suffered at work, but not for injuries suffered while, for example, emptying the dishwasher.','Conversely, the Board Panel’s underlying decision in <u>Mater of Matrix Absence Management</u> guarantees that employees can still pursue workers’ compensation claims for injuries suffered at work, but not for injuries suffered while, for example, emptying the dishwasher.',0,'2022-04-04 13:24:44','2022-04-04 13:24:44'),(145,46350,46512,'workers’ compensation','Applying the Third Department’s standard in Capraro will unnecessarily increase the number of workers’ compensation claims that these very same employers will face, despite their best intentions','Applying the Third Department’s standard in <u>Capraro</u> will unnecessarily increase the number of <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/09/board-process-re-engineering-bpr-ny-workers-compensation-forum-members-should-be-included-in-the-dialogue/\">workers’ compensation</a> claims that these very same employers will face, despite their best intentions','Applying the Third Department’s standard in <u>Capraro</u> will unnecessarily increase the number of workers’ compensation claims that these very same employers will face, despite their best intentions','The pandemic placed employers in a difficult situation; requiring them to drastically alter their preferred business models to ensure both their employee’s and the community’s safety. Applying the Third Department’s standard in Capraro will unnecessarily increase the number of workers’ compensation claims that these very same employers will face, despite their best intentions. Conversely, the Board Panel’s underlying decision in Mater of Matrix Absence Management guarantees that employees can still pursue workers’ compensation claims for injuries suffered at work, but not for injuries suffered while, for example, emptying the dishwasher.','Applying the Third Department’s standard in <u>Capraro</u> will unnecessarily increase the number of workers’ compensation claims that these very same employers will face, despite their best intentions.',0,'2022-04-04 13:24:44','2022-04-04 13:24:44'),(146,46350,46555,'workers’ compensation claims that these very same employers','Applying the Third Department’s standard in Capraro will unnecessarily increase the number of workers’ compensation claims that these very same employers will face, despite their best intentions','Applying the Third Department’s standard in <u>Capraro</u> will unnecessarily increase the number 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/\">workers’ compensation claims that these very same employers</a> will face, despite their best intentions','Applying the Third Department’s standard in <u>Capraro</u> will unnecessarily increase the number of workers’ compensation claims that these very same employers will face, despite their best intentions','The pandemic placed employers in a difficult situation; requiring them to drastically alter their preferred business models to ensure both their employee’s and the community’s safety. Applying the Third Department’s standard in Capraro will unnecessarily increase the number of workers’ compensation claims that these very same employers will face, despite their best intentions. Conversely, the Board Panel’s underlying decision in Mater of Matrix Absence Management guarantees that employees can still pursue workers’ compensation claims for injuries suffered at work, but not for injuries suffered while, for example, emptying the dishwasher.','Applying the Third Department’s standard in <u>Capraro</u> will unnecessarily increase the number of workers’ compensation claims that these very same employers will face, despite their best intentions.',0,'2022-04-04 13:24:44','2022-04-04 13:24:44'),(147,46350,46546,'claims that these very same employers','Applying the Third Department’s standard in Capraro will unnecessarily increase the number of workers’ compensation claims that these very same employers will face, despite their best intentions','Applying the Third Department’s standard in <u>Capraro</u> will unnecessarily increase the number of workers’ compensation <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/\">claims that these very same employers</a> will face, despite their best intentions','Applying the Third Department’s standard in <u>Capraro</u> will unnecessarily increase the number of workers’ compensation claims that these very same employers will face, despite their best intentions','The pandemic placed employers in a difficult situation; requiring them to drastically alter their preferred business models to ensure both their employee’s and the community’s safety. Applying the Third Department’s standard in Capraro will unnecessarily increase the number of workers’ compensation claims that these very same employers will face, despite their best intentions. Conversely, the Board Panel’s underlying decision in Mater of Matrix Absence Management guarantees that employees can still pursue workers’ compensation claims for injuries suffered at work, but not for injuries suffered while, for example, emptying the dishwasher.','Applying the Third Department’s standard in <u>Capraro</u> will unnecessarily increase the number of workers’ compensation claims that these very same employers will face, despite their best intentions.',0,'2022-04-04 13:24:44','2022-04-04 13:24:44'),(148,46342,46372,'claimant suffered other medical conditions','Upon taking testimony of the medical providers, the providers conceded the claimant suffered other medical conditions which may be causing her to be symptomatic but are not necessarily related to work','Upon taking testimony of the medical providers, the providers conceded the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/01/how-change-in-conditions-for-classified-claimants-changed-drastically/\">claimant suffered other medical conditions</a> which may be causing her to be symptomatic but are not necessarily related to work','Upon taking testimony of the medical providers, the providers conceded the claimant suffered other medical conditions which may be causing her to be symptomatic but are not necessarily related to work','Given the history provided, it was unanimous among medical providers, including the independent medical examiner, that causal relationship existed. Upon taking testimony of the medical providers, the providers conceded the claimant suffered other medical conditions which may be causing her to be symptomatic but are not necessarily related to work. Then, upon taking lay witness testimony, the various witnesses testified that it was impossible for the claimant to have been exposed to the fuel additive, as she never came in contact with it and the vents are not connected to the gas tank, so it would be impossible for it to have come out of the vents.','Upon taking testimony of the medical providers, the providers conceded the claimant suffered other medical conditions which may be causing her to be symptomatic but are not necessarily related to work.',0,'2022-04-04 13:24:46','2022-04-04 13:24:46'),(149,46342,46422,'claimant suffered other medical','Upon taking testimony of the medical providers, the providers conceded the claimant suffered other medical conditions which may be causing her to be symptomatic but are not necessarily related to work','Upon taking testimony of the medical providers, the providers conceded the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2017/06/board-finds-that-medical-treatment-guidelines-apply-to-out-of-state-claimants/\">claimant suffered other medical</a> conditions which may be causing her to be symptomatic but are not necessarily related to work','Upon taking testimony of the medical providers, the providers conceded the claimant suffered other medical conditions which may be causing her to be symptomatic but are not necessarily related to work','Given the history provided, it was unanimous among medical providers, including the independent medical examiner, that causal relationship existed. Upon taking testimony of the medical providers, the providers conceded the claimant suffered other medical conditions which may be causing her to be symptomatic but are not necessarily related to work. Then, upon taking lay witness testimony, the various witnesses testified that it was impossible for the claimant to have been exposed to the fuel additive, as she never came in contact with it and the vents are not connected to the gas tank, so it would be impossible for it to have come out of the vents.','Upon taking testimony of the medical providers, the providers conceded the claimant suffered other medical conditions which may be causing her to be symptomatic but are not necessarily related to work.',0,'2022-04-04 13:24:46','2022-04-04 13:24:46'),(150,46342,46561,'testified that it was impossible for the claimant','Then, upon taking lay witness testimony, the various witnesses testified that it was impossible for the claimant to have been exposed to the fuel additive, as she never came in contact with it and the vents are not connected to the gas tank, so it would be impossible for it to have come out of the vents','Then, upon taking lay witness testimony, the various witnesses <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 it was impossible for the claimant</a> to have been exposed to the fuel additive, as she never came in contact with it and the vents are not connected to the gas tank, so it would be impossible for it to have come out of the vents','Then, upon taking lay witness testimony, the various witnesses testified that it was impossible for the claimant to have been exposed to the fuel additive, as she never came in contact with it and the vents are not connected to the gas tank, so it would be impossible for it to have come out of the vents','Upon taking testimony of the medical providers, the providers conceded the claimant suffered other medical conditions which may be causing her to be symptomatic but are not necessarily related to work. Then, upon taking lay witness testimony, the various witnesses testified that it was impossible for the claimant to have been exposed to the fuel additive, as she never came in contact with it and the vents are not connected to the gas tank, so it would be impossible for it to have come out of the vents. They also testified the additive was only added once, and would have dissipated the same day, which is inconsistent with the history the claimant was giving which claimed that the additive was added on multiple occasions subjecting her to repeat exposures.','Then, upon taking lay witness testimony, the various witnesses testified that it was impossible for the claimant to have been exposed to the fuel additive, as she never came in contact with it and the vents are not connected to the gas tank, so it would be impossible for it to have come out of the vents.',0,'2022-04-04 13:24:46','2022-04-04 13:24:46'),(151,46342,46374,'claimant was giving which claimed','They also testified the additive was only added once, and would have dissipated the same day, which is inconsistent with the history the claimant was giving which claimed that the additive was added on multiple occasions subjecting her to repeat exposures','They also testified the additive was only added once, and would have dissipated the same day, which is inconsistent with the history the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/01/doubling-down-2-hearing-loss-claims-for-the-same-claimant-denied-on-the-same-day/\">claimant was giving which claimed</a> that the additive was added on multiple occasions subjecting her to repeat exposures','They also testified the additive was only added once, and would have dissipated the same day, which is inconsistent with the history the claimant was giving which claimed that the additive was added on multiple occasions subjecting her to repeat exposures','Then, upon taking lay witness testimony, the various witnesses testified that it was impossible for the claimant to have been exposed to the fuel additive, as she never came in contact with it and the vents are not connected to the gas tank, so it would be impossible for it to have come out of the vents. They also testified the additive was only added once, and would have dissipated the same day, which is inconsistent with the history the claimant was giving which claimed that the additive was added on multiple occasions subjecting her to repeat exposures.','They also testified the additive was only added once, and would have dissipated the same day, which is inconsistent with the history the claimant was giving which claimed that the additive was added on multiple occasions subjecting her to repeat exposures.',0,'2022-04-04 13:24:46','2022-04-04 13:24:46'),(152,46337,46371,'claimant ever returned to work','An IME was secured and, while the most likely diagnosis was still toxic encephalopathy, it was specifically noted that the newspaper articles supplied declared the air around the incident “safe to breathe” before the claimant ever returned to work, so no causal relationship was found','An IME was secured and, while the most likely diagnosis was still toxic encephalopathy, it was specifically noted that the newspaper articles supplied declared the air around the incident “safe to breathe” before 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 ever returned to work</a>, so no causal relationship was found','An IME was secured and, while the most likely diagnosis was still toxic encephalopathy, it was specifically noted that the newspaper articles supplied declared the air around the incident “safe to breathe” before the claimant ever returned to work, so no causal relationship was found','The doctors stick to their theory of toxic encephalopathy due to this asbestos. An IME was secured and, while the most likely diagnosis was still toxic encephalopathy, it was specifically noted that the newspaper articles supplied declared the air around the incident “safe to breathe” before the claimant ever returned to work, so no causal relationship was found. Litigation precipitated, and the only information claimant’s doctors had regarding exposure was that provided by the claimant.','and Claimant begins to complain of headaches, difficulty concentrating, and other cognitive dysfunctions. Of course, when they begin to see doctors, they tell every single one they were exposed to asbestos in the aftermath of this explosion. Who cares if the MRI he eventually received was suggestive of a traumatic brain injury? The doctors stick to their theory of toxic encephalopathy due to this asbestos. An IME was secured and, while the most likely diagnosis was still toxic encephalopathy, it was specifically noted that the newspaper articles supplied declared the air around the incident “safe to breathe” before the claimant ever returned to work, so no causal relationship was found.',0,'2022-04-04 15:07:07','2022-04-04 15:07:07'),(153,46337,46371,'claimant worked','While they testified they worked the day of the explosion and the 2 days that followed, surrounded by dust that wasn’t properly cleaned-up, their timecard (already in eCase) cried foul; the first time the claimant worked after the explosion was closer to 36 hours than 12','While they testified they worked the day of the explosion and the 2 days that followed, surrounded by dust that wasn’t properly cleaned-up, their timecard (already in eCase) cried foul; the first time the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">claimant worked</a> after the explosion was closer to 36 hours than 12','While they testified they worked the day of the explosion and the 2 days that followed, surrounded by dust that wasn’t properly cleaned-up, their timecard (already in eCase) cried foul; the first time the claimant worked after the explosion was closer to 36 hours than 12','However, the claimant testified poorly. While they testified they worked the day of the explosion and the 2 days that followed, surrounded by dust that wasn’t properly cleaned-up, their timecard (already in eCase) cried foul; the first time the claimant worked after the explosion was closer to 36 hours than 12. The claimant testified the only information they had regarding their exposure was “probably” the news, conceding they’d never reviewed the environmental report, wherein samples were taken the day after the explosion, before the claimant returned to work, and analysis thereof showed no asbestos.','While they testified they worked the day of the explosion and the 2 days that followed, surrounded by dust that wasn’t properly cleaned-up, their timecard (already in eCase) cried foul; the first time the claimant worked after the explosion was closer to 36 hours than 12.',0,'2022-04-04 15:07:07','2022-04-04 15:07:07'),(154,46337,46338,'causal relationship','An IME was secured and, while the most likely diagnosis was still toxic encephalopathy, it was specifically noted that the newspaper articles supplied declared the air around the incident “safe to breathe” before the claimant ever returned to work, so no causal relationship was found','An IME was secured and, while the most likely diagnosis was still toxic encephalopathy, it was specifically noted that the newspaper articles supplied declared the air around the incident “safe to breathe” before the claimant ever returned to work, so no <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/06/third-deparment-decision-disputing-causal-relationship/\">causal relationship</a> was found','An IME was secured and, while the most likely diagnosis was still toxic encephalopathy, it was specifically noted that the newspaper articles supplied declared the air around the incident “safe to breathe” before the claimant ever returned to work, so no causal relationship was found','The doctors stick to their theory of toxic encephalopathy due to this asbestos. An IME was secured and, while the most likely diagnosis was still toxic encephalopathy, it was specifically noted that the newspaper articles supplied declared the air around the incident “safe to breathe” before the claimant ever returned to work, so no causal relationship was found. Litigation precipitated, and the only information claimant’s doctors had regarding exposure was that provided by the claimant.','and Claimant begins to complain of headaches, difficulty concentrating, and other cognitive dysfunctions. Of course, when they begin to see doctors, they tell every single one they were exposed to asbestos in the aftermath of this explosion. Who cares if the MRI he eventually received was suggestive of a traumatic brain injury? The doctors stick to their theory of toxic encephalopathy due to this asbestos. An IME was secured and, while the most likely diagnosis was still toxic encephalopathy, it was specifically noted that the newspaper articles supplied declared the air around the incident “safe to breathe” before the claimant ever returned to work, so no causal relationship was found.',0,'2022-04-04 15:07:07','2022-04-04 15:07:07'),(155,46337,46338,'causal relationship','We argued, not only was there proof there was no asbestos in the building when Claimant alleged they were exposed, but there were significant issues with Claimant’s testimony and memory, with proof Claimant made numerous misstatements to their doctors; while the doctors found causal relationship based on those statements, medical reports are only as good as the facts they’re based on, and those not in accordance with the true facts should be set aside','We argued, not only was there proof there was no asbestos in the building when Claimant alleged they were exposed, but there were significant issues with Claimant’s testimony and memory, with proof Claimant made numerous misstatements to their doctors; while the doctors found <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/06/third-deparment-decision-disputing-causal-relationship/\">causal relationship</a> based on those statements, medical reports are only as good as the facts they’re based on, and those not in accordance with the true facts should be set aside','We argued, not only was there proof there was no asbestos in the building when Claimant alleged they were exposed, but there were significant issues with Claimant’s testimony and memory, with proof Claimant made numerous misstatements to their doctors; while the doctors found causal relationship based on those statements, medical reports are only as good as the facts they’re based on, and those not in accordance with the true facts should be set aside','They’d clearly been caught unprepared by the environmental report. We argued, not only was there proof there was no asbestos in the building when Claimant alleged they were exposed, but there were significant issues with Claimant’s testimony and memory, with proof Claimant made numerous misstatements to their doctors; while the doctors found causal relationship based on those statements, medical reports are only as good as the facts they’re based on, and those not in accordance with the true facts should be set aside.','wed, with claimant’s attorney alleged they inhaled “something toxic,” and Claimant believed there may have been asbestos in the air, but “something” blanketed the whole area. They continued by noting inhalation issues are slow moving issues before going off on a tangent about how, as we know from 9-11, even just breathing dust is harmful. They’d clearly been caught unprepared by the environmental report. We argued, not only was there proof there was no asbestos in the building when Claimant alleged they were exposed, but there were significant issues with Claimant’s testimony and memory, with proof Claimant made numerous misstatements to their doctors; while the doctors found causal relationship based on those statements, medical reports are only as good as the facts they’re based on, and those not in accordance with the true facts should be set aside.',0,'2022-04-04 15:07:07','2022-04-04 15:07:07'),(156,46337,46342,'causal relationship','An IME was secured and, while the most likely diagnosis was still toxic encephalopathy, it was specifically noted that the newspaper articles supplied declared the air around the incident “safe to breathe” before the claimant ever returned to work, so no causal relationship was found','An IME was secured and, while the most likely diagnosis was still toxic encephalopathy, it was specifically noted that the newspaper articles supplied declared the air around the incident “safe to breathe” before the claimant ever returned to work, so no <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/05/claim-disallowance-with-unanimous-medical-opinion-giving-causal-relationship/\">causal relationship</a> was found','An IME was secured and, while the most likely diagnosis was still toxic encephalopathy, it was specifically noted that the newspaper articles supplied declared the air around the incident “safe to breathe” before the claimant ever returned to work, so no causal relationship was found','The doctors stick to their theory of toxic encephalopathy due to this asbestos. An IME was secured and, while the most likely diagnosis was still toxic encephalopathy, it was specifically noted that the newspaper articles supplied declared the air around the incident “safe to breathe” before the claimant ever returned to work, so no causal relationship was found. Litigation precipitated, and the only information claimant’s doctors had regarding exposure was that provided by the claimant.','and Claimant begins to complain of headaches, difficulty concentrating, and other cognitive dysfunctions. Of course, when they begin to see doctors, they tell every single one they were exposed to asbestos in the aftermath of this explosion. Who cares if the MRI he eventually received was suggestive of a traumatic brain injury? The doctors stick to their theory of toxic encephalopathy due to this asbestos. An IME was secured and, while the most likely diagnosis was still toxic encephalopathy, it was specifically noted that the newspaper articles supplied declared the air around the incident “safe to breathe” before the claimant ever returned to work, so no causal relationship was found.',0,'2022-04-04 15:07:07','2022-04-04 15:07:07'),(157,46337,46342,'causal relationship','We argued, not only was there proof there was no asbestos in the building when Claimant alleged they were exposed, but there were significant issues with Claimant’s testimony and memory, with proof Claimant made numerous misstatements to their doctors; while the doctors found causal relationship based on those statements, medical reports are only as good as the facts they’re based on, and those not in accordance with the true facts should be set aside','We argued, not only was there proof there was no asbestos in the building when Claimant alleged they were exposed, but there were significant issues with Claimant’s testimony and memory, with proof Claimant made numerous misstatements to their doctors; while the doctors found <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/05/claim-disallowance-with-unanimous-medical-opinion-giving-causal-relationship/\">causal relationship</a> based on those statements, medical reports are only as good as the facts they’re based on, and those not in accordance with the true facts should be set aside','We argued, not only was there proof there was no asbestos in the building when Claimant alleged they were exposed, but there were significant issues with Claimant’s testimony and memory, with proof Claimant made numerous misstatements to their doctors; while the doctors found causal relationship based on those statements, medical reports are only as good as the facts they’re based on, and those not in accordance with the true facts should be set aside','They’d clearly been caught unprepared by the environmental report. We argued, not only was there proof there was no asbestos in the building when Claimant alleged they were exposed, but there were significant issues with Claimant’s testimony and memory, with proof Claimant made numerous misstatements to their doctors; while the doctors found causal relationship based on those statements, medical reports are only as good as the facts they’re based on, and those not in accordance with the true facts should be set aside.','wed, with claimant’s attorney alleged they inhaled “something toxic,” and Claimant believed there may have been asbestos in the air, but “something” blanketed the whole area. They continued by noting inhalation issues are slow moving issues before going off on a tangent about how, as we know from 9-11, even just breathing dust is harmful. They’d clearly been caught unprepared by the environmental report. We argued, not only was there proof there was no asbestos in the building when Claimant alleged they were exposed, but there were significant issues with Claimant’s testimony and memory, with proof Claimant made numerous misstatements to their doctors; while the doctors found causal relationship based on those statements, medical reports are only as good as the facts they’re based on, and those not in accordance with the true facts should be set aside.',0,'2022-04-04 15:07:07','2022-04-04 15:07:07'),(158,46337,46344,'causal relationship','An IME was secured and, while the most likely diagnosis was still toxic encephalopathy, it was specifically noted that the newspaper articles supplied declared the air around the incident “safe to breathe” before the claimant ever returned to work, so no causal relationship was found','An IME was secured and, while the most likely diagnosis was still toxic encephalopathy, it was specifically noted that the newspaper articles supplied declared the air around the incident “safe to breathe” before the claimant ever returned to work, so no <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> was found','An IME was secured and, while the most likely diagnosis was still toxic encephalopathy, it was specifically noted that the newspaper articles supplied declared the air around the incident “safe to breathe” before the claimant ever returned to work, so no causal relationship was found','The doctors stick to their theory of toxic encephalopathy due to this asbestos. An IME was secured and, while the most likely diagnosis was still toxic encephalopathy, it was specifically noted that the newspaper articles supplied declared the air around the incident “safe to breathe” before the claimant ever returned to work, so no causal relationship was found. Litigation precipitated, and the only information claimant’s doctors had regarding exposure was that provided by the claimant.','and Claimant begins to complain of headaches, difficulty concentrating, and other cognitive dysfunctions. Of course, when they begin to see doctors, they tell every single one they were exposed to asbestos in the aftermath of this explosion. Who cares if the MRI he eventually received was suggestive of a traumatic brain injury? The doctors stick to their theory of toxic encephalopathy due to this asbestos. An IME was secured and, while the most likely diagnosis was still toxic encephalopathy, it was specifically noted that the newspaper articles supplied declared the air around the incident “safe to breathe” before the claimant ever returned to work, so no causal relationship was found.',0,'2022-04-04 15:07:07','2022-04-04 15:07:07'),(159,46337,46344,'causal relationship','We argued, not only was there proof there was no asbestos in the building when Claimant alleged they were exposed, but there were significant issues with Claimant’s testimony and memory, with proof Claimant made numerous misstatements to their doctors; while the doctors found causal relationship based on those statements, medical reports are only as good as the facts they’re based on, and those not in accordance with the true facts should be set aside','We argued, not only was there proof there was no asbestos in the building when Claimant alleged they were exposed, but there were significant issues with Claimant’s testimony and memory, with proof Claimant made numerous misstatements to their doctors; while the doctors found <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> based on those statements, medical reports are only as good as the facts they’re based on, and those not in accordance with the true facts should be set aside','We argued, not only was there proof there was no asbestos in the building when Claimant alleged they were exposed, but there were significant issues with Claimant’s testimony and memory, with proof Claimant made numerous misstatements to their doctors; while the doctors found causal relationship based on those statements, medical reports are only as good as the facts they’re based on, and those not in accordance with the true facts should be set aside','They’d clearly been caught unprepared by the environmental report. We argued, not only was there proof there was no asbestos in the building when Claimant alleged they were exposed, but there were significant issues with Claimant’s testimony and memory, with proof Claimant made numerous misstatements to their doctors; while the doctors found causal relationship based on those statements, medical reports are only as good as the facts they’re based on, and those not in accordance with the true facts should be set aside.','wed, with claimant’s attorney alleged they inhaled “something toxic,” and Claimant believed there may have been asbestos in the air, but “something” blanketed the whole area. They continued by noting inhalation issues are slow moving issues before going off on a tangent about how, as we know from 9-11, even just breathing dust is harmful. They’d clearly been caught unprepared by the environmental report. We argued, not only was there proof there was no asbestos in the building when Claimant alleged they were exposed, but there were significant issues with Claimant’s testimony and memory, with proof Claimant made numerous misstatements to their doctors; while the doctors found causal relationship based on those statements, medical reports are only as good as the facts they’re based on, and those not in accordance with the true facts should be set aside.',0,'2022-04-04 15:07:07','2022-04-04 15:07:07'),(160,46337,46561,'claimant testified','However, the claimant testified poorly','However, the <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> poorly','However, the claimant testified poorly','An almost hour and a half long trial followed, wherein the testimony of the claimant and two lay witnesses took place, the latter of which wrecked our timely notice defense to shreds. However, the claimant testified poorly. While they testified they worked the day of the explosion and the 2 days that followed, surrounded by dust that wasn’t properly cleaned-up, their timecard (already in eCase) cried foul; the first time the claimant worked after the explosion was closer to 36 hours than 12.','However, the claimant testified poorly.',0,'2022-04-04 15:07:07','2022-04-04 15:07:07'),(161,46337,46561,'claimant testified','The claimant testified the only information they had regarding their exposure was “probably” the news, conceding they’d never reviewed the environmental report, wherein samples were taken the day after the explosion, before the claimant returned to work, and analysis thereof showed no asbestos','The <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> the only information they had regarding their exposure was “probably” the news, conceding they’d never reviewed the environmental report, wherein samples were taken the day after the explosion, before the claimant returned to work, and analysis thereof showed no asbestos','The claimant testified the only information they had regarding their exposure was “probably” the news, conceding they’d never reviewed the environmental report, wherein samples were taken the day after the explosion, before the claimant returned to work, and analysis thereof showed no asbestos','While they testified they worked the day of the explosion and the 2 days that followed, surrounded by dust that wasn’t properly cleaned-up, their timecard (already in eCase) cried foul; the first time the claimant worked after the explosion was closer to 36 hours than 12. The claimant testified the only information they had regarding their exposure was “probably” the news, conceding they’d never reviewed the environmental report, wherein samples were taken the day after the explosion, before the claimant returned to work, and analysis thereof showed no asbestos. And, if shameless citations to exactly where in the eCase that information could be viewed while we asked the claimant some other questions, like how the onset of his symptoms wasn’t until over a year after the alleged exposure, who’s to say.','the testimony of the claimant and two lay witnesses took place, the latter of which wrecked our timely notice defense to shreds. However, the claimant testified poorly. While they testified they worked the day of the explosion and the 2 days that followed, surrounded by dust that wasn’t properly cleaned-up, their timecard (already in eCase) cried foul; the first time the claimant worked after the explosion was closer to 36 hours than 12. The claimant testified the only information they had regarding their exposure was “probably” the news, conceding they’d never reviewed the environmental report, wherein samples were taken the day after the explosion, before the claimant returned to work, and analysis thereof showed no asbestos.',0,'2022-04-04 15:07:07','2022-04-04 15:07:07'),(162,46385,46236,'case law','There was also the hope of finding some helpful case law around the way, but as I’m starting in 2015 (so there will only be new cases on one side of the analysis) subsequent confirmation will be required','There was also the hope of finding some helpful <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/client-resources/case-law-updates-lomad-case-law-updates/\">case law</a> around the way, but as I’m starting in 2015 (so there will only be new cases on one side of the analysis) subsequent confirmation will be required','There was also the hope of finding some helpful case law around the way, but as I’m starting in 2015 (so there will only be new cases on one side of the analysis) subsequent confirmation will be required','But I’m going to see them all, record the relevant information the Board used to reach its conclusion on LWEC, and try to develop a useful tool to help navigate the chaos that is LWEC. There was also the hope of finding some helpful case law around the way, but as I’m starting in 2015 (so there will only be new cases on one side of the analysis) subsequent confirmation will be required.','There was also the hope of finding some helpful case law around the way, but as I’m starting in 2015 (so there will only be new cases on one side of the analysis) subsequent confirmation will be required.',0,'2022-04-04 15:07:09','2022-04-04 15:07:09'),(163,46479,46422,'medical evidence indicates that the claimant','Where the claimant’s medical evidence indicates that the claimant has no disability','Where the claimant’s <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 evidence indicates that the claimant</a> has no disability','Where the claimant’s medical evidence indicates that the claimant has no disability','Where the claimant’s medical evidence indicates that the claimant has no disability. When such medical evidence is not part of the official board file, it shall be submitted to the board in the format prescribed by the chair together with or on the same day that the notice to suspend or reduce is electronically filed; or','Where the claimant’s medical evidence indicates that the claimant has no disability.',0,'2022-04-04 15:07:12','2022-04-04 15:07:12'),(164,46479,46422,'medical impairment for a claimant','What is the percentage of medical impairment for a claimant whose provider has opined a class II severity E impairment','What is the percentage of <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 impairment for a claimant</a> whose provider has opined a class II severity E impairment','What is the percentage of medical impairment for a claimant whose provider has opined a class II severity E impairment','2.  What is the percentage of medical impairment for a claimant whose provider has opined a class II severity E impairment?','What is the percentage of medical impairment for a claimant whose provider has opined a class II severity E impairment?',0,'2022-04-04 15:07:12','2022-04-04 15:07:12'),(165,46479,46502,'medical treatment guidelines','When do the medical treatment guidelines apply','When do the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/11/non-acute-pain-medical-treatment-guidelines-offer-a-framework-for-controlling-costs-associated-with-chronic-pain-management-especially-opioid-use/\">medical treatment guidelines</a> apply','When do the medical treatment guidelines apply','4.  When do the medical treatment guidelines apply?','When do the medical treatment guidelines apply?',0,'2022-04-04 15:07:12','2022-04-04 15:07:12'),(166,46479,46503,'treatment in the absence of a variance','What is needed in a Chiropractor’s report for there to be a well-documented exacerbation to allow for treatment in the absence of a variance','What is needed in a Chiropractor’s report for there to be a well-documented exacerbation to allow for <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/\">treatment in the absence of a variance</a>','What is needed in a Chiropractor’s report for there to be a well-documented exacerbation to allow for treatment in the absence of a variance','5.  What is needed in a Chiropractor’s report for there to be a well-documented exacerbation to allow for treatment in the absence of a variance?','What is needed in a Chiropractor’s report for there to be a well-documented exacerbation to allow for treatment in the absence of a variance?',0,'2022-04-04 15:07:12','2022-04-04 15:07:12'),(167,46479,46503,'variance without contrary medical','Under what circumstances can a carrier deny a variance without contrary medical evidence','Under what circumstances can a carrier deny a <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/11/in-kigin-v-wcb-the-court-of-appeals-upholds-the-presumption-that-treatment-outside-the-mtgs-is-not-medically-necessary-and-the-attending-physician-has-the-burden-of-proof-of-the-need-for-a-variance/\">variance without contrary medical</a> evidence','Under what circumstances can a carrier deny a variance without contrary medical evidence','6.  Under what circumstances can a carrier deny a variance without contrary medical evidence?','Under what circumstances can a carrier deny a variance without contrary medical evidence?',0,'2022-04-04 15:07:12','2022-04-04 15:07:12'),(168,46479,46503,'medical treatment','When do the medical treatment guidelines apply','When do the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/11/in-kigin-v-wcb-the-court-of-appeals-upholds-the-presumption-that-treatment-outside-the-mtgs-is-not-medically-necessary-and-the-attending-physician-has-the-burden-of-proof-of-the-need-for-a-variance/\">medical treatment</a> guidelines apply','When do the medical treatment guidelines apply','4.  When do the medical treatment guidelines apply?','When do the medical treatment guidelines apply?',0,'2022-04-04 15:07:12','2022-04-04 15:07:12'),(169,46479,46506,'medical treatment guidelines','When do the medical treatment guidelines apply','When do 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 treatment guidelines</a> apply','When do the medical treatment guidelines apply','4.  When do the medical treatment guidelines apply?','When do the medical treatment guidelines apply?',0,'2022-04-04 15:07:12','2022-04-04 15:07:12'),(170,46479,46543,'medical treatment','When do the medical treatment guidelines apply','When do the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/07/did-you-know-the-third-department-holds-that-medical-treatment-which-is-not-specifically-included-in-the-mtg-is-presumptively-not-medically-necessary/\">medical treatment</a> guidelines apply','When do the medical treatment guidelines apply','4.  When do the medical treatment guidelines apply?','When do the medical treatment guidelines apply?',0,'2022-04-04 15:07:12','2022-04-04 15:07:12'),(171,46479,46482,'treatment guidelines','When do the medical treatment guidelines apply','When do the medical <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/08/non-acute-pain-treatment-guidelines/\">treatment guidelines</a> apply','When do the medical treatment guidelines apply','4.  When do the medical treatment guidelines apply?','When do the medical treatment guidelines apply?',0,'2022-04-04 15:07:12','2022-04-04 15:07:12'),(172,46479,46340,'medical evidence','Under what circumstances can a carrier deny a variance without contrary medical evidence','Under what circumstances can a carrier deny a variance without contrary <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/07/pain-is-not-enough-for-prima-facie-medical-evidence/\">medical evidence</a>','Under what circumstances can a carrier deny a variance without contrary medical evidence','6.  Under what circumstances can a carrier deny a variance without contrary medical evidence?','Under what circumstances can a carrier deny a variance without contrary medical evidence?',0,'2022-04-04 15:07:12','2022-04-04 15:07:12'),(173,46479,46340,'medical evidence','Where the claimant’s medical evidence indicates that the claimant has no disability','Where the claimant’s <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/07/pain-is-not-enough-for-prima-facie-medical-evidence/\">medical evidence</a> indicates that the claimant has no disability','Where the claimant’s medical evidence indicates that the claimant has no disability','Where the claimant’s medical evidence indicates that the claimant has no disability. When such medical evidence is not part of the official board file, it shall be submitted to the board in the format prescribed by the chair together with or on the same day that the notice to suspend or reduce is electronically filed; or','Where the claimant’s medical evidence indicates that the claimant has no disability.',0,'2022-04-04 15:07:12','2022-04-04 15:07:12'),(174,46479,46511,'claim and a decision would be issued','If the carrier commences payment of temporary compensation, how much time do they have to electronically file a notice of controversy before they would be deemed to have admitted liability for the claim and a decision would be issued establishing the claim','If the carrier commences payment of temporary compensation, how much time do they have to electronically file a notice of controversy before they would be deemed to have admitted liability for 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/\">claim and a decision would be issued</a> establishing the claim','If the carrier commences payment of temporary compensation, how much time do they have to electronically file a notice of controversy before they would be deemed to have admitted liability for the claim and a decision would be issued establishing the claim','7.  If the carrier commences payment of temporary compensation, how much time do they have to electronically file a notice of controversy before they would be deemed to have admitted liability for the claim and a decision would be issued establishing the claim?','If the carrier commences payment of temporary compensation, how much time do they have to electronically file a notice of controversy before they would be deemed to have admitted liability for the claim and a decision would be issued establishing the claim?',0,'2022-04-04 15:07:12','2022-04-04 15:07:12'),(175,46479,46511,'employer or carrier','When the employer or carrier is under a direction to continue payments to the claimant following a hearing or issuance of a decision pursuant to rule 300.23, it is permissible to suspend benefits without a hearing under certain circumstances','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 carrier</a> is under a direction to continue payments to the claimant following a hearing or issuance of a decision pursuant to rule 300.23, it is permissible to suspend benefits without a hearing under certain circumstances','When the employer or carrier is under a direction to continue payments to the claimant following a hearing or issuance of a decision pursuant to rule 300.23, it is permissible to suspend benefits without a hearing under certain circumstances','11.  When the employer or carrier is under a direction to continue payments to the claimant following a hearing or issuance of a decision pursuant to rule 300.23, it is permissible to suspend benefits without a hearing under certain circumstances. True or false?','When the employer or carrier is under a direction to continue payments to the claimant following a hearing or issuance of a decision pursuant to rule 300.23, it is permissible to suspend benefits without a hearing under certain circumstances.',0,'2022-04-04 15:07:12','2022-04-04 15:07:12'),(176,46479,46546,'claim and a decision would be issued','If the carrier commences payment of temporary compensation, how much time do they have to electronically file a notice of controversy before they would be deemed to have admitted liability for the claim and a decision would be issued establishing the claim','If the carrier commences payment of temporary compensation, how much time do they have to electronically file a notice of controversy before they would be deemed to have admitted liability for 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/\">claim and a decision would be issued</a> establishing the claim','If the carrier commences payment of temporary compensation, how much time do they have to electronically file a notice of controversy before they would be deemed to have admitted liability for the claim and a decision would be issued establishing the claim','7.  If the carrier commences payment of temporary compensation, how much time do they have to electronically file a notice of controversy before they would be deemed to have admitted liability for the claim and a decision would be issued establishing the claim?','If the carrier commences payment of temporary compensation, how much time do they have to electronically file a notice of controversy before they would be deemed to have admitted liability for the claim and a decision would be issued establishing the claim?',0,'2022-04-04 15:07:12','2022-04-04 15:07:12'),(177,46479,46546,'employer or carrier','When the employer or carrier is under a direction to continue payments to the claimant following a hearing or issuance of a decision pursuant to rule 300.23, it is permissible to suspend benefits without a hearing under certain circumstances','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 carrier</a> is under a direction to continue payments to the claimant following a hearing or issuance of a decision pursuant to rule 300.23, it is permissible to suspend benefits without a hearing under certain circumstances','When the employer or carrier is under a direction to continue payments to the claimant following a hearing or issuance of a decision pursuant to rule 300.23, it is permissible to suspend benefits without a hearing under certain circumstances','11.  When the employer or carrier is under a direction to continue payments to the claimant following a hearing or issuance of a decision pursuant to rule 300.23, it is permissible to suspend benefits without a hearing under certain circumstances. True or false?','When the employer or carrier is under a direction to continue payments to the claimant following a hearing or issuance of a decision pursuant to rule 300.23, it is permissible to suspend benefits without a hearing under certain circumstances.',0,'2022-04-04 15:07:12','2022-04-04 15:07:12'),(178,46479,46380,'business days','An IME report must be filed within 10 business days after the examination with the Board','An IME report must be filed within 10 <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2019/07/melissa-a-day-esq-invited-to-join-buffalo-business-first-leadership-trust/\">business days</a> after the examination with the Board','An IME report must be filed within 10 business days after the examination with the Board','8.  An IME report must be filed within 10 business days after the examination with the Board. Does a holiday within the period count as a business day and does only a holiday that falls on the 10th day count as a holiday that requires that the IME report be submitted on the next business day?','An IME report must be filed within 10 business days after the examination with the Board.',0,'2022-04-04 15:07:12','2022-04-04 15:07:12'),(179,46479,46553,'continue payments to the claimant','When the employer or carrier is under a direction to continue payments to the claimant following a hearing or issuance of a decision pursuant to rule 300.23, it is permissible to suspend benefits without a hearing under certain circumstances','When the employer or carrier is under a direction to <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/\">continue payments to the claimant</a> following a hearing or issuance of a decision pursuant to rule 300.23, it is permissible to suspend benefits without a hearing under certain circumstances','When the employer or carrier is under a direction to continue payments to the claimant following a hearing or issuance of a decision pursuant to rule 300.23, it is permissible to suspend benefits without a hearing under certain circumstances','11.  When the employer or carrier is under a direction to continue payments to the claimant following a hearing or issuance of a decision pursuant to rule 300.23, it is permissible to suspend benefits without a hearing under certain circumstances. True or false?','When the employer or carrier is under a direction to continue payments to the claimant following a hearing or issuance of a decision pursuant to rule 300.23, it is permissible to suspend benefits without a hearing under certain circumstances.',0,'2022-04-04 15:07:12','2022-04-04 15:07:12'),(180,46479,46426,'legal evidence of claimant’s return','Where a notice of return to work, or other written substantial legal evidence of claimant’s return to work, has been submitted to the board in the format prescribed by the chair together with or on the same day that the notice to suspend or reduce is electronically filed; or','Where a notice of return to work, or other written substantial <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2017/01/back-to-the-future-the-return-of-wcl-252-b-fact-finding-without-judges-and-legal-reasoning-without-lawyers/\">legal evidence of claimant’s return</a> to work, has been submitted to the board in the format prescribed by the chair together with or on the same day that the notice to suspend or reduce is electronically filed; or','Where a notice of return to work, or other written substantial legal evidence of claimant’s return to work, has been submitted to the board in the format prescribed by the chair together with or on the same day that the notice to suspend or reduce is electronically filed; or','Where a notice of return to work, or other written substantial legal evidence of claimant’s return to work, has been submitted to the board in the format prescribed by the chair together with or on the same day that the notice to suspend or reduce is electronically filed; or','Where a notice of return to work, or other written substantial legal evidence of claimant’s return to work, has been submitted to the board in the format prescribed by the chair together with or on the same day that the notice to suspend or reduce is electronically filed; or',0,'2022-04-04 15:07:12','2022-04-04 15:07:12'),(181,46179,46421,'workers’ compensation','During his tenure at Special Funds, Tom defended the interests of the Fund at thousands of workers’ compensation hearings','During his tenure at Special Funds, Tom defended the interests of the Fund at thousands of <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> hearings','During his tenure at Special Funds, Tom defended the interests of the Fund at thousands of workers’ compensation hearings','Prior to joining , Tom worked for Special Funds Conservation Committee for 23 years. During his tenure at Special Funds, Tom defended the interests of the Fund at thousands of workers’ compensation hearings. During that time, Tom was also manager of the Albany office of Special Funds for two years and manager of the Buffalo office of Special Funds for eight years.','During his tenure at Special Funds, Tom defended the interests of the Fund at thousands of workers’ compensation hearings.',0,'2022-04-04 15:07:14','2022-04-04 15:07:14'),(182,46179,46486,'workers’ compensation','During his tenure at Special Funds, Tom defended the interests of the Fund at thousands of workers’ compensation hearings','During his tenure at Special Funds, Tom defended the interests of the Fund at thousands of <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/08/test-your-ny-workers-compensation-chops/\">workers’ compensation</a> hearings','During his tenure at Special Funds, Tom defended the interests of the Fund at thousands of workers’ compensation hearings','Prior to joining , Tom worked for Special Funds Conservation Committee for 23 years. During his tenure at Special Funds, Tom defended the interests of the Fund at thousands of workers’ compensation hearings. During that time, Tom was also manager of the Albany office of Special Funds for two years and manager of the Buffalo office of Special Funds for eight years.','During his tenure at Special Funds, Tom defended the interests of the Fund at thousands of workers’ compensation hearings.',0,'2022-04-04 15:07:14','2022-04-04 15:07:14'),(183,46179,46512,'workers’ compensation','During his tenure at Special Funds, Tom defended the interests of the Fund at thousands of workers’ compensation hearings','During his tenure at Special Funds, Tom defended the interests of the Fund at thousands of <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> hearings','During his tenure at Special Funds, Tom defended the interests of the Fund at thousands of workers’ compensation hearings','Prior to joining , Tom worked for Special Funds Conservation Committee for 23 years. During his tenure at Special Funds, Tom defended the interests of the Fund at thousands of workers’ compensation hearings. During that time, Tom was also manager of the Albany office of Special Funds for two years and manager of the Buffalo office of Special Funds for eight years.','During his tenure at Special Funds, Tom defended the interests of the Fund at thousands of workers’ compensation hearings.',0,'2022-04-04 15:07:14','2022-04-04 15:07:14'),(184,46179,46555,'workers’ compensation','During his tenure at Special Funds, Tom defended the interests of the Fund at thousands of workers’ compensation hearings','During his tenure at Special Funds, Tom defended the interests of the Fund at thousands 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/\">workers’ compensation</a> hearings','During his tenure at Special Funds, Tom defended the interests of the Fund at thousands of workers’ compensation hearings','Prior to joining , Tom worked for Special Funds Conservation Committee for 23 years. During his tenure at Special Funds, Tom defended the interests of the Fund at thousands of workers’ compensation hearings. During that time, Tom was also manager of the Albany office of Special Funds for two years and manager of the Buffalo office of Special Funds for eight years.','During his tenure at Special Funds, Tom defended the interests of the Fund at thousands of workers’ compensation hearings.',0,'2022-04-04 15:07:14','2022-04-04 15:07:14'),(185,46179,46541,'insurance carriers','Over the years, Tom has worked closely and developed a strong working relationship with insurance carriers and their legal counsel as well as claimant’s attorneys','Over the years, Tom has worked closely and developed a strong working relationship with <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 carriers</a> and their legal counsel as well as claimant’s attorneys','Over the years, Tom has worked closely and developed a strong working relationship with insurance carriers and their legal counsel as well as claimant’s attorneys','During his time in management, and as a hearing representative, Tom gained valuable experience in claims analysis, litigation, legal research and writing, negotiation and resolution of issues. Over the years, Tom has worked closely and developed a strong working relationship with insurance carriers and their legal counsel as well as claimant’s attorneys.','Over the years, Tom has worked closely and developed a strong working relationship with insurance carriers and their legal counsel as well as claimant’s attorneys.',0,'2022-04-04 15:07:14','2022-04-04 15:07:14'),(186,46179,46511,'carriers and their legal counsel','Over the years, Tom has worked closely and developed a strong working relationship with insurance carriers and their legal counsel as well as claimant’s attorneys','Over the years, Tom has worked closely and developed a strong working relationship with insurance <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 and their legal counsel</a> as well as claimant’s attorneys','Over the years, Tom has worked closely and developed a strong working relationship with insurance carriers and their legal counsel as well as claimant’s attorneys','During his time in management, and as a hearing representative, Tom gained valuable experience in claims analysis, litigation, legal research and writing, negotiation and resolution of issues. Over the years, Tom has worked closely and developed a strong working relationship with insurance carriers and their legal counsel as well as claimant’s attorneys.','Over the years, Tom has worked closely and developed a strong working relationship with insurance carriers and their legal counsel as well as claimant’s attorneys.',0,'2022-04-04 15:07:14','2022-04-04 15:07:14'),(187,46367,46340,'medical evidence','As we reviewed the file, we realized that the claimant’s medical evidence had changed dramatically after her accident','As we reviewed the file, we realized that the claimant’s <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/07/pain-is-not-enough-for-prima-facie-medical-evidence/\">medical evidence</a> had changed dramatically after her accident','As we reviewed the file, we realized that the claimant’s medical evidence had changed dramatically after her accident','As we reviewed the file, we realized that the claimant’s medical evidence had changed dramatically after her accident.  Six days before the accident, the claimant’s treating doctor opined that she had a moderate lumbar disability, with mild to moderate motion deficits in her thoracic and low back.  ','As we reviewed the file, we realized that the claimant’s medical evidence had changed dramatically after her accident.  Six days before the accident, the claimant’s treating doctor opined that she had a moderate lumbar disability, with mild to moderate motion deficits in her thoracic and low back.   After the accident, she was given a temporary total disability by her doctors.  Her providers testified that that after the accident',0,'2022-04-04 15:39:28','2022-04-04 15:39:28'),(188,46367,46506,'low back','Six days before the accident, the claimant’s treating doctor opined that she had a moderate lumbar disability, with mild to moderate motion deficits in her thoracic and low back','Six days before the accident, the claimant’s treating doctor opined that she had a moderate lumbar disability, with mild to moderate motion deficits in her thoracic and <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2014/09/navigating-the-low-back-medical-treatment-guidelines-for-chiropractic-care/\">low back</a>','Six days before the accident, the claimant’s treating doctor opined that she had a moderate lumbar disability, with mild to moderate motion deficits in her thoracic and low back','As we reviewed the file, we realized that the claimant’s medical evidence had changed dramatically after her accident.  Six days before the accident, the claimant’s treating doctor opined that she had a moderate lumbar disability, with mild to moderate motion deficits in her thoracic and low back.   After the accident, she was given a temporary total disability by her doctors. ','Six days before the accident, the claimant’s treating doctor opined that she had a moderate lumbar disability, with mild to moderate motion deficits in her thoracic and low back.   After the accident, she was given a temporary total disability by her doctors.  Her providers testified that that after the accident, the claimant reported tenderness to her spine and her range of motion had decreased in both her neck and her low back.  During cross-examination, they conceded that she had injured her neck and re-injured her back in the MVA and admitted that the MVA had exacerbated her back injury.  They also confirmed that her MRI findings had changed following the MVA. They agreed that it would be difficult to attribute her current condition specifically to her Workers’ Compensation claim.',0,'2022-04-04 15:39:28','2022-04-04 15:39:28'),(189,46367,46506,'low back','Her providers testified that that after the accident, the claimant reported tenderness to her spine and her range of motion had decreased in both her neck and her low back','Her providers testified that that after the accident, the claimant reported tenderness to her spine and her range of motion had decreased in both her neck and her <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2014/09/navigating-the-low-back-medical-treatment-guidelines-for-chiropractic-care/\">low back</a>','Her providers testified that that after the accident, the claimant reported tenderness to her spine and her range of motion had decreased in both her neck and her low back','After the accident, she was given a temporary total disability by her doctors.  Her providers testified that that after the accident, the claimant reported tenderness to her spine and her range of motion had decreased in both her neck and her low back.  During cross-examination, they conceded that she had injured her neck and re-injured her back in the MVA and admitted that the MVA had exacerbated her back injury. ','her accident.  Six days before the accident, the claimant’s treating doctor opined that she had a moderate lumbar disability, with mild to moderate motion deficits in her thoracic and low back.   After the accident, she was given a temporary total disability by her doctors.  Her providers testified that that after the accident, the claimant reported tenderness to her spine and her range of motion had decreased in both her neck and her low back.  During cross-examination, they conceded that she had injured her neck and re-injured her back in the MVA and admitted that the MVA had exacerbated her back injury.  They also confirmed that her MRI findings had changed following the MVA. They agreed that it would be difficult to attribute her current condition specifically to her Workers’ Compensation claim.',0,'2022-04-04 15:39:28','2022-04-04 15:39:28'),(190,46367,46549,'found the disputed bills','The judge also found the disputed bills in our favor on the grounds that the treatment was related to the MVA, not the claimant’s Workers’ Compensation claim.','The judge also <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/04/did-you-know-a-bill-being-considered-by-the-ny-state-legislature-which-would-create-a-presumption-of-permanent-total-disability-for-claimants-who-are-found-eligible-for-social-security/\">found the disputed bills</a> in our favor on the grounds that the treatment was related to the MVA, not the claimant’s Workers’ Compensation claim.','The judge also found the disputed bills in our favor on the grounds that the treatment was related to the MVA, not the claimant’s Workers’ Compensation claim.','The Judge agreed with us and found that the claimant had no compensable disability after her MVA.  The judge also found the disputed bills in our favor on the grounds that the treatment was related to the MVA, not the claimant’s Workers’ Compensation claim.','The Judge agreed with us and found that the claimant had no compensable disability after her MVA.  The judge also found the disputed bills in our favor on the grounds that the treatment was related to the MVA, not the claimant’s Workers’ Compensation claim.',0,'2022-04-04 15:39:28','2022-04-04 15:39:28'),(191,46493,46553,'claimant filed a C-3 in August 2012 which alleged','In East Village, the claimant filed a C-3 in August 2012 which alleged that he fractured his ankle on July 4, 2012, while working as a building superintendent','In <u>East Village</u>, the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/03/did-you-know-a-chiropractic-variance-request-based-on-alleged-functional-improvements-and-expected-continued-improvements-may-not-be-granted-if-the-chiropractor-continues-to-find-that-the-claimant-is/\">claimant filed a C-3 in August 2012 which alleged</a> that he fractured his ankle on July 4, 2012, while working as a building superintendent','In <u>East Village</u>, the claimant filed a C-3 in August 2012 which alleged that he fractured his ankle on July 4, 2012, while working as a building superintendent','In East Village, the claimant filed a C-3 in August 2012 which alleged that he fractured his ankle on July 4, 2012, while working as a building superintendent.  The claimant further indicated that he was supervising tenants and guests when he fell down a staircase.','In <u>East Village</u>, the claimant filed a C-3 in August 2012 which alleged that he fractured his ankle on July 4, 2012, while working as a building superintendent.',0,'2022-04-04 16:02:46','2022-04-04 16:02:46'),(192,46493,46511,'carrier based its WCL § 10 defense','The carrier based its WCL § 10 defense upon the fact that prior to the altercation which resulted in the injury, the claimant’s dog had been struck by a firework that one tenant threw off the roof','The <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/10/less-than-twelve-weeks-remaining-for-wcl-%c2%a725-a-because-subject-046-630-contains-stricter-requirements-for-reopening-a-claim-on-the-issue-of-%c2%a725-a-prudent-carriers-and-employers-may-want/\">carrier based its WCL § 10 defense</a> upon the fact that prior to the altercation which resulted in the injury, the claimant’s dog had been struck by a firework that one tenant threw off the roof','The carrier based its WCL § 10 defense upon the fact that prior to the altercation which resulted in the injury, the claimant’s dog had been struck by a firework that one tenant threw off the roof','The carrier fully controverted the claim alleging no accident arising out of and in the course of employment and that the claimant willfully intended to bring about the injury pursuant to WCL § 10.  The carrier based its WCL § 10 defense upon the fact that prior to the altercation which resulted in the injury, the claimant’s dog had been struck by a firework that one tenant threw off the roof.','The carrier fully controverted the claim alleging no accident arising out of and in the course of employment and that the claimant willfully intended to bring about the injury pursuant to WCL § 10.  The carrier based its WCL § 10 defense upon the fact that prior to the altercation which resulted in the injury, the claimant’s dog had been struck by a firework that one tenant threw off the roof.',0,'2022-04-04 16:02:46','2022-04-04 16:02:46'),(193,46493,46561,'claimant and his fiancée testified','The claimant and his fiancée testified on the claimant’s behalf','The <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/01/did-you-know-facebook-pages-are-not-considered-surveillance-that-has-to-be-disclosed-before-a-claimant-testifies/\">claimant and his fiancée testified</a> on the claimant’s behalf','The claimant and his fiancée testified on the claimant’s behalf','The claimant and his fiancée testified on the claimant’s behalf.  However, the claimant’s supervisor/employer failed to appear at the hearing, advising that he did not feel it important enough to show up to testify.  ','The claimant and his fiancée testified on the claimant’s behalf.',0,'2022-04-04 16:02:46','2022-04-04 16:02:46'),(194,46493,46350,'accidents which arise in the course of employment','The presumption was also addressed by the Board that accidents which arise in the course of employment are presumed to arise out of such accident and that this presumption is rebuttable only by substantial evidence to the contrary','The presumption was also addressed by the Board that <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/03/when-do-work-from-home-accidents-occur-in-the-scope-and-course-of-employment/\">accidents which arise in the course of employment</a> are presumed to arise out of such accident and that this presumption is rebuttable only by substantial evidence to the contrary','The presumption was also addressed by the Board that accidents which arise in the course of employment are presumed to arise out of such accident and that this presumption is rebuttable only by substantial evidence to the contrary','In analyzing the facts of the claim, the Board did note that under “Workers’ Compensation Law an accidental injury must have arisen out of and in the course of employment.”  The presumption was also addressed by the Board that accidents which arise in the course of employment are presumed to arise out of such accident and that this presumption is rebuttable only by substantial evidence to the contrary.  Finally, the Board also analyzed WCL § 21(1) noting that an assault that occurs at work is presumed to arise out of employment unless there is substantial evidence that it was “motivated by purely personal animosity.” [Internal citations omitted].','the facts of the claim, the Board did note that under “Workers’ Compensation Law an accidental injury must have arisen out of and in the course of employment.”  The presumption was also addressed by the Board that accidents which arise in the course of employment are presumed to arise out of such accident and that this presumption is rebuttable only by substantial evidence to the contrary.',0,'2022-04-04 16:02:46','2022-04-04 16:02:46'),(195,46493,46421,'claim was compensable','The Board ultimately determined that the claim was compensable','The Board ultimately determined that the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2017/10/how-to-avoid-bad-luck-in-your-comp-claims-this-friday-the-13th-some-basic-time-constraints-for-new-york-state-workers-compensation-claims-to-keep-in-mind/\">claim was compensable</a>','The Board ultimately determined that the claim was compensable','The Board ultimately determined that the claim was compensable.  In reaching its Decision, the Board found that the claimant did concede that one of the individuals on the roof threw a firework that struck his dog, but that the assault which occurred on the stairs happened not due to the confrontation over the dog incident, but after the claimant told the people on the roof he was going to call the police.','The Board ultimately determined that the claim was compensable.  In reaching its Decision, the Board found that the claimant did concede that one of the individuals on the roof threw a firework that struck his dog, but that the assault which occurred on the stairs happened not due to the confrontation over the dog incident, but after the claimant told the people on the roof he was going to call the police.',0,'2022-04-04 16:02:46','2022-04-04 16:02:46'),(196,46493,46421,'claim compensable','Using these facts, the Board found the claim compensable based upon the nexus between the claimant’s work activities as the superintendent of the property and the assault occurring as he was in the process of going to clean the roof in fulfilment of those work activities','Using these facts, the Board found the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2017/10/how-to-avoid-bad-luck-in-your-comp-claims-this-friday-the-13th-some-basic-time-constraints-for-new-york-state-workers-compensation-claims-to-keep-in-mind/\">claim compensable</a> based upon the nexus between the claimant’s work activities as the superintendent of the property and the assault occurring as he was in the process of going to clean the roof in fulfilment of those work activities','Using these facts, the Board found the claim compensable based upon the nexus between the claimant’s work activities as the superintendent of the property and the assault occurring as he was in the process of going to clean the roof in fulfilment of those work activities','Using these facts, the Board found the claim compensable based upon the nexus between the claimant’s work activities as the superintendent of the property and the assault occurring as he was in the process of going to clean the roof in fulfilment of those work activities.','Using these facts, the Board found the claim compensable based upon the nexus between the claimant’s work activities as the superintendent of the property and the assault occurring as he was in the process of going to clean the roof in fulfilment of those work activities.',0,'2022-04-04 16:02:46','2022-04-04 16:02:46'),(197,46492,46549,'total period of disability exceeds that what is considered','WCL § 15 provides for an enhanced schedule loss of use award when the claimant’s temporary total period of disability exceeds that what is considered the normal healing period for the injury to the claimant’s body part','WCL § 15 provides for an enhanced schedule loss of use award when the claimant’s temporary <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/\">total period of disability exceeds that what is considered</a> the normal healing period for the injury to the claimant’s body part','WCL § 15 provides for an enhanced schedule loss of use award when the claimant’s temporary total period of disability exceeds that what is considered the normal healing period for the injury to the claimant’s body part','Temporary total disability becomes especially relevant when the claimant suffered a schedulable injury.  WCL § 15 provides for an enhanced schedule loss of use award when the claimant’s temporary total period of disability exceeds that what is considered the normal healing period for the injury to the claimant’s body part.','WCL § 15 provides for an enhanced schedule loss of use award when the claimant’s temporary total period of disability exceeds that what is considered the normal healing period for the injury to the claimant’s body part.',0,'2022-04-04 16:02:48','2022-04-04 16:02:48'),(198,46492,46549,'found that the claimant was not temporary totally disabled','Consequently, the Board found that the claimant was not temporary totally disabled','Consequently, the Board <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 the claimant was not temporary totally disabled</a>','Consequently, the Board found that the claimant was not temporary totally disabled','No issues with the claimant’s ability to sit, walk or perform daily activities such as driving, cooking, cleaning or personal hygiene was indicated.  Consequently, the Board found that the claimant was not temporary totally disabled. Matter of Our Lady of Victory Baker, 2015 NY Wrk.','Consequently, the Board found that the claimant was not temporary totally disabled. <u>Matter of Our Lady of Victory Baker,</u> 2015 NY Wrk. Comp. 0730636.',0,'2022-04-04 16:02:48','2022-04-04 16:02:48'),(199,46492,46549,'total disability becomes especially relevant when the claimant','Temporary total disability becomes especially relevant when the claimant suffered a schedulable injury','Temporary <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/\">total disability becomes especially relevant when the claimant</a> suffered a schedulable injury','Temporary total disability becomes especially relevant when the claimant suffered a schedulable injury','Temporary total disability becomes especially relevant when the claimant suffered a schedulable injury.  WCL § 15 provides for an enhanced schedule loss of use award when the claimant’s temporary total period of disability exceeds that what is considered the normal healing period for the injury to the claimant’s body part.','Temporary total disability becomes especially relevant when the claimant suffered a schedulable injury.  WCL § 15 provides for an enhanced schedule loss of use award when the claimant’s temporary total period of disability exceeds that what is considered the normal healing period for the injury',0,'2022-04-04 16:02:48','2022-04-04 16:02:48'),(200,46492,46549,'disabled we picture a claimant','To be temporary “TOTALLY” disabled we picture a claimant in a wheelchair paralyzed and unable to function without assistance','To be temporary “TOTALLY” <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/\">disabled we picture a claimant</a> in a wheelchair paralyzed and unable to function without assistance','To be temporary “TOTALLY” disabled we picture a claimant in a wheelchair paralyzed and unable to function without assistance','To be temporary “TOTALLY” disabled we picture a claimant in a wheelchair paralyzed and unable to function without assistance.  But, in reality the picture is frequently very different and often as follows:','To be temporary “TOTALLY” disabled we picture a claimant in a wheelchair paralyzed and unable to function without assistance.',0,'2022-04-04 16:02:48','2022-04-04 16:02:48'),(201,46492,46549,'totally disabled','Without reference to any objective criteria or observations (in fact, X-rays were negative), but simply referring to and reiterating the claimant’s allegations as to his condition, the treating physician confirmed the claimant’s claim that he was temporary totally disabled','Without reference to any objective criteria or observations (in fact, X-rays were negative), but simply referring to and reiterating the claimant’s allegations as to his condition, the treating physician confirmed the claimant’s claim that he was temporary <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/\">totally disabled</a>','Without reference to any objective criteria or observations (in fact, X-rays were negative), but simply referring to and reiterating the claimant’s allegations as to his condition, the treating physician confirmed the claimant’s claim that he was temporary totally disabled','Without reference to any objective criteria or observations (in fact, X-rays were negative), but simply referring to and reiterating the claimant’s allegations as to his condition, the treating physician confirmed the claimant’s claim that he was temporary totally disabled.','Without reference to any objective criteria or observations (in fact, X-rays were negative), but simply referring to and reiterating the claimant’s allegations as to his condition, the treating physician confirmed the claimant’s claim that he was temporary totally disabled.',0,'2022-04-04 16:02:48','2022-04-04 16:02:48'),(202,46492,46553,'total disability becomes especially relevant when the claimant','Temporary total disability becomes especially relevant when the claimant suffered a schedulable injury','Temporary <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/03/did-you-know-a-chiropractic-variance-request-based-on-alleged-functional-improvements-and-expected-continued-improvements-may-not-be-granted-if-the-chiropractor-continues-to-find-that-the-claimant-is/\">total disability becomes especially relevant when the claimant</a> suffered a schedulable injury','Temporary total disability becomes especially relevant when the claimant suffered a schedulable injury','Temporary total disability becomes especially relevant when the claimant suffered a schedulable injury.  WCL § 15 provides for an enhanced schedule loss of use award when the claimant’s temporary total period of disability exceeds that what is considered the normal healing period for the injury to the claimant’s body part.','Temporary total disability becomes especially relevant when the claimant suffered a schedulable injury.  WCL § 15 provides for an enhanced schedule loss of use award when the claimant’s temporary total period of disability exceeds that what is considered the normal healing period for the injury',0,'2022-04-04 16:02:48','2022-04-04 16:02:48'),(203,46492,46553,'claimant was not temporary totally disabled','Consequently, the Board found that the claimant was not temporary totally disabled','Consequently, the Board found that the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/03/did-you-know-a-chiropractic-variance-request-based-on-alleged-functional-improvements-and-expected-continued-improvements-may-not-be-granted-if-the-chiropractor-continues-to-find-that-the-claimant-is/\">claimant was not temporary totally disabled</a>','Consequently, the Board found that the claimant was not temporary totally disabled','No issues with the claimant’s ability to sit, walk or perform daily activities such as driving, cooking, cleaning or personal hygiene was indicated.  Consequently, the Board found that the claimant was not temporary totally disabled. Matter of Our Lady of Victory Baker, 2015 NY Wrk.','Consequently, the Board found that the claimant was not temporary totally disabled. <u>Matter of Our Lady of Victory Baker,</u> 2015 NY Wrk. Comp. 0730636.',0,'2022-04-04 16:02:48','2022-04-04 16:02:48'),(204,46492,46553,'totally disabled','Without reference to any objective criteria or observations (in fact, X-rays were negative), but simply referring to and reiterating the claimant’s allegations as to his condition, the treating physician confirmed the claimant’s claim that he was temporary totally disabled','Without reference to any objective criteria or observations (in fact, X-rays were negative), but simply referring to and reiterating the claimant’s allegations as to his condition, the treating physician confirmed the claimant’s claim that he was temporary <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/03/did-you-know-a-chiropractic-variance-request-based-on-alleged-functional-improvements-and-expected-continued-improvements-may-not-be-granted-if-the-chiropractor-continues-to-find-that-the-claimant-is/\">totally disabled</a>','Without reference to any objective criteria or observations (in fact, X-rays were negative), but simply referring to and reiterating the claimant’s allegations as to his condition, the treating physician confirmed the claimant’s claim that he was temporary totally disabled','Without reference to any objective criteria or observations (in fact, X-rays were negative), but simply referring to and reiterating the claimant’s allegations as to his condition, the treating physician confirmed the claimant’s claim that he was temporary totally disabled.','Without reference to any objective criteria or observations (in fact, X-rays were negative), but simply referring to and reiterating the claimant’s allegations as to his condition, the treating physician confirmed the claimant’s claim that he was temporary totally disabled.',0,'2022-04-04 16:02:48','2022-04-04 16:02:48'),(205,46492,46553,'chiropractor continued','In another recent Full Board Review, the claimant’s chiropractor continued to opine a TTD','In another recent Full Board Review, the claimant’s <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/03/did-you-know-a-chiropractic-variance-request-based-on-alleged-functional-improvements-and-expected-continued-improvements-may-not-be-granted-if-the-chiropractor-continues-to-find-that-the-claimant-is/\">chiropractor continued</a> to opine a TTD','In another recent Full Board Review, the claimant’s chiropractor continued to opine a TTD','In another recent Full Board Review, the claimant’s chiropractor continued to opine a TTD.  However, he testified that the claimant did not require an assistance device to walk, did not need assistance to get on the examination table and he had no knowledge of any bladder, bowel or sexual dysfunction.  ','In another recent Full Board Review, the claimant’s chiropractor continued to opine a TTD.',0,'2022-04-04 16:02:48','2022-04-04 16:02:48'),(206,46492,46329,'schedule loss','WCL § 15 provides for an enhanced schedule loss of use award when the claimant’s temporary total period of disability exceeds that what is considered the normal healing period for the injury to the claimant’s body part','WCL § 15 provides for an enhanced <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/08/using-the-contralateral-limb-as-a-baseline-for-calculating-schedule-loss-of-use/\">schedule loss</a> of use award when the claimant’s temporary total period of disability exceeds that what is considered the normal healing period for the injury to the claimant’s body part','WCL § 15 provides for an enhanced schedule loss of use award when the claimant’s temporary total period of disability exceeds that what is considered the normal healing period for the injury to the claimant’s body part','Temporary total disability becomes especially relevant when the claimant suffered a schedulable injury.  WCL § 15 provides for an enhanced schedule loss of use award when the claimant’s temporary total period of disability exceeds that what is considered the normal healing period for the injury to the claimant’s body part.','WCL § 15 provides for an enhanced schedule loss of use award when the claimant’s temporary total period of disability exceeds that what is considered the normal healing period for the injury to the claimant’s body part.',0,'2022-04-04 16:02:48','2022-04-04 16:02:48'),(207,46492,46387,'schedule loss','WCL § 15 provides for an enhanced schedule loss of use award when the claimant’s temporary total period of disability exceeds that what is considered the normal healing period for the injury to the claimant’s body part','WCL § 15 provides for an enhanced <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2018/12/review-of-workers-compensation-board-schedule-loss-of-use-frequently-asked-questions-and-new-permanency-forms/\">schedule loss</a> of use award when the claimant’s temporary total period of disability exceeds that what is considered the normal healing period for the injury to the claimant’s body part','WCL § 15 provides for an enhanced schedule loss of use award when the claimant’s temporary total period of disability exceeds that what is considered the normal healing period for the injury to the claimant’s body part','Temporary total disability becomes especially relevant when the claimant suffered a schedulable injury.  WCL § 15 provides for an enhanced schedule loss of use award when the claimant’s temporary total period of disability exceeds that what is considered the normal healing period for the injury to the claimant’s body part.','WCL § 15 provides for an enhanced schedule loss of use award when the claimant’s temporary total period of disability exceeds that what is considered the normal healing period for the injury to the claimant’s body part.',0,'2022-04-04 16:02:48','2022-04-04 16:02:48'),(208,46492,46415,'schedule loss of use award','WCL § 15 provides for an enhanced schedule loss of use award when the claimant’s temporary total period of disability exceeds that what is considered the normal healing period for the injury to the claimant’s body part','WCL § 15 provides for an enhanced <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2018/03/schedule-loss-of-use-awards-grrrrrrrrr/\">schedule loss of use award</a> when the claimant’s temporary total period of disability exceeds that what is considered the normal healing period for the injury to the claimant’s body part','WCL § 15 provides for an enhanced schedule loss of use award when the claimant’s temporary total period of disability exceeds that what is considered the normal healing period for the injury to the claimant’s body part','Temporary total disability becomes especially relevant when the claimant suffered a schedulable injury.  WCL § 15 provides for an enhanced schedule loss of use award when the claimant’s temporary total period of disability exceeds that what is considered the normal healing period for the injury to the claimant’s body part.','WCL § 15 provides for an enhanced schedule loss of use award when the claimant’s temporary total period of disability exceeds that what is considered the normal healing period for the injury to the claimant’s body part.',0,'2022-04-04 16:02:48','2022-04-04 16:02:48'),(209,46492,46374,'claimant claimed','On his C-3 the claimant claimed that a piece of steel fell on his right finger cutting it','On his C-3 the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/doubling-down-2-hearing-loss-claims-for-the-same-claimant-denied-on-the-same-day/\">claimant claimed</a> that a piece of steel fell on his right finger cutting it','On his C-3 the claimant claimed that a piece of steel fell on his right finger cutting it','There was no sign of any kind of impairment and we had to consult our file to reaffirm the injury.  On his C-3 the claimant claimed that a piece of steel fell on his right finger cutting it. The claimant only noted a right pointer finger injury.','onsult our file to reaffirm the injury.  On his C-3 the claimant claimed that a piece of steel fell on his right finger cutting it.',0,'2022-04-04 16:02:48','2022-04-04 16:02:48'),(210,46492,46342,'medical opinions','It is well established that differing medical opinions is a matter that is within the New York Workers’ Compensation Board’s discretion to resolve','It is well established that differing <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/05/claim-disallowance-with-unanimous-medical-opinion-giving-causal-relationship/\">medical opinions</a> is a matter that is within the New York Workers’ Compensation Board’s discretion to resolve','It is well established that differing medical opinions is a matter that is within the New York Workers’ Compensation Board’s discretion to resolve','It is well established that differing medical opinions is a matter that is within the New York Workers’ Compensation Board’s discretion to resolve. See Matter of Raffiani v.','It is well established that differing medical opinions is a matter that is within the New York Workers’ Compensation Board’s discretion to resolve.',0,'2022-04-04 16:02:48','2022-04-04 16:02:48'),(211,46492,46342,'medical opinions,','In Medicab/Rochester Inc. the Board Panel, confronted with contrasting medical opinions, considered the 1996 Medical Impairment Guidelines to evaluate degree of disability finding that the claimant did not in fact had a temporary total degree of disability, but a temporary partial disability','In <u>Medicab/Rochester Inc.</u> the Board Panel, confronted with contrasting <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/05/claim-disallowance-with-unanimous-medical-opinion-giving-causal-relationship/\">medical opinions,</a> considered the 1996 Medical Impairment Guidelines to evaluate degree of disability finding that the claimant did not in fact had a temporary total degree of disability, but a temporary partial disability','In <u>Medicab/Rochester Inc.</u> the Board Panel, confronted with contrasting medical opinions, considered the 1996 Medical Impairment Guidelines to evaluate degree of disability finding that the claimant did not in fact had a temporary total degree of disability, but a temporary partial disability','In Medicab/Rochester Inc. the Board Panel, confronted with contrasting medical opinions, considered the 1996 Medical Impairment Guidelines to evaluate degree of disability finding that the claimant did not in fact had a temporary total degree of disability, but a temporary partial disability','In <u>Medicab/Rochester Inc.</u> the Board Panel, confronted with contrasting medical opinions, considered the 1996 Medical Impairment Guidelines to evaluate degree of disability finding that the claimant did not in fact had a temporary total degree of disability, but a temporary partial disability.',0,'2022-04-04 16:02:48','2022-04-04 16:02:48'),(212,46492,46561,'testified that the claimant','However, he testified that the claimant did not require an assistance device to walk, did not need assistance to get on the examination table and he had no knowledge of any bladder, bowel or sexual dysfunction','However, he <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/\">testified that the claimant</a> did not require an assistance device to walk, did not need assistance to get on the examination table and he had no knowledge of any bladder, bowel or sexual dysfunction','However, he testified that the claimant did not require an assistance device to walk, did not need assistance to get on the examination table and he had no knowledge of any bladder, bowel or sexual dysfunction','In another recent Full Board Review, the claimant’s chiropractor continued to opine a TTD.  However, he testified that the claimant did not require an assistance device to walk, did not need assistance to get on the examination table and he had no knowledge of any bladder, bowel or sexual dysfunction.  No issues with the claimant’s ability to sit, walk or perform daily activities such as driving, cooking, cleaning or personal hygiene was indicated. ','However, he testified that the claimant did not require an assistance device to walk, did not need assistance to get on the examination table and he had no knowledge of any bladder, bowel or sexual dysfunction.',0,'2022-04-04 16:02:48','2022-04-04 16:02:48'),(213,46492,46236,'case law','All the case law referenced above involved claims with back injuries','All the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/client-resources/case-law-updates-lomad-case-law-updates/\">case law</a> referenced above involved claims with back injuries','All the case law referenced above involved claims with back injuries','All the case law referenced above involved claims with back injuries.  Would it not be more efficient if there were definite criteria for treating providers to use to determine temporary degree of disability, especially where injuries could result in SLU awards? ','All the case law referenced above involved claims with back injuries.  Would it not be more efficient if there were definite criteria for treating providers to use to determine temporary degree of disability, especially where injuries',0,'2022-04-04 16:02:48','2022-04-04 16:02:48'),(214,46372,46423,'permanently partially disabled','The Board however limited this holding by consistently finding that Matter of Jacobi, only stands for the proposition that a claimant who has been classified as permanently partially disabled is entitled to benefits at a temporary total disability rate following causally-related surgery.”','The Board however limited this holding by consistently finding that <em>Matter of Jacobi,</em> only stands for the proposition that a claimant who has been classified as <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2017/02/permanent-partial-disability-safety-netwhat-to-expect-from-wcl-%c2%a735/\">permanently partially disabled</a> is entitled to benefits at a temporary total disability rate following causally-related surgery.”','The Board however limited this holding by consistently finding that <em>Matter of Jacobi,</em> only stands for the proposition that a claimant who has been classified as permanently partially disabled is entitled to benefits at a temporary total disability rate following causally-related surgery.”','The Board however limited this holding by consistently finding that Matter of Jacobi, only stands for the proposition that a claimant who has been classified as permanently partially disabled is entitled to benefits at a temporary total disability rate following causally-related surgery.”  (NYS Dept of Motor Vehicles, 50101459 NYS Wrk Comp 2020). ','The Board however limited this holding by consistently finding that <em>Matter of Jacobi,</em> only stands for the proposition that a claimant who has been classified as permanently partially disabled is entitled to benefits at a temporary total disability rate following causally-related surgery.”',0,'2022-04-04 16:02:49','2022-04-04 16:02:49'),(215,46372,46423,'permanently totally disabled','The opinion of the treating doctor of a total disability is not sufficient to continue the awards at total, because the treating doctor’s opinion that the claimant is permanently totally disabled is well-known and unchanged from','The opinion of the treating doctor of a total disability is not sufficient to continue the awards at total, because the treating doctor’s opinion that the claimant is <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2017/02/permanent-partial-disability-safety-netwhat-to-expect-from-wcl-%c2%a735/\">permanently totally disabled</a> is well-known and unchanged from','The opinion of the treating doctor of a total disability is not sufficient to continue the awards at total, because the treating doctor’s opinion that the claimant is permanently totally disabled is well-known and unchanged from','The treating doctor’s office opined a total disability in 2014 and the issue of whether the claimant should be reclassified to a permanent total disability was litigated and decided in a 2015 Reserved Decision.  The opinion of the treating doctor of a total disability is not sufficient to continue the awards at total, because the treating doctor’s opinion that the claimant is permanently totally disabled is well-known and unchanged from  before the prior litigation.','the treating doctors opined a total disability throughout the period the claimant was classified and paid with a permanent partial disability.  The treating doctor’s office opined a total disability in 2014 and the issue of whether the claimant should be reclassified to a permanent total disability was litigated and decided in a 2015 Reserved Decision.  The opinion of the treating doctor of a total disability is not sufficient to continue the awards at total, because the treating doctor’s opinion that the claimant is permanently totally disabled is well-known and unchanged from',0,'2022-04-04 16:02:49','2022-04-04 16:02:49'),(216,46372,46374,'claim the claimant','In that claim the claimant was classified with a permanent partial disability, and subsequently underwent a surgery','In that <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/\">claim the claimant</a> was classified with a permanent partial disability, and subsequently underwent a surgery','In that claim the claimant was classified with a permanent partial disability, and subsequently underwent a surgery','(49903741 NY Wrk Comp 2020).  In that claim the claimant was classified with a permanent partial disability, and subsequently underwent a surgery.  The Board found that following the initial period from the surgery, “the record contained insufficient evidence to show that the claimant has low back disability greater than that which he had at the time of the .','ing that same logic, the Board reversed a finding of total disability in <em>Employer: CVS.</em>  (49903741 NY Wrk Comp 2020).  In that claim the claimant was classified with a permanent partial disability, and subsequently underwent a surgery.  The Board found that following the initial period from the surgery',0,'2022-04-04 16:02:49','2022-04-04 16:02:49'),(217,46372,46549,'claimant is permanently totally disabled','The opinion of the treating doctor of a total disability is not sufficient to continue the awards at total, because the treating doctor’s opinion that the claimant is permanently totally disabled is well-known and unchanged from','The opinion of the treating doctor of a total disability is not sufficient to continue the awards at total, because the treating doctor’s opinion that the <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 is permanently totally disabled</a> is well-known and unchanged from','The opinion of the treating doctor of a total disability is not sufficient to continue the awards at total, because the treating doctor’s opinion that the claimant is permanently totally disabled is well-known and unchanged from','The treating doctor’s office opined a total disability in 2014 and the issue of whether the claimant should be reclassified to a permanent total disability was litigated and decided in a 2015 Reserved Decision.  The opinion of the treating doctor of a total disability is not sufficient to continue the awards at total, because the treating doctor’s opinion that the claimant is permanently totally disabled is well-known and unchanged from  before the prior litigation.','the treating doctors opined a total disability throughout the period the claimant was classified and paid with a permanent partial disability.  The treating doctor’s office opined a total disability in 2014 and the issue of whether the claimant should be reclassified to a permanent total disability was litigated and decided in a 2015 Reserved Decision.  The opinion of the treating doctor of a total disability is not sufficient to continue the awards at total, because the treating doctor’s opinion that the claimant is permanently totally disabled is well-known and unchanged from',0,'2022-04-04 16:02:49','2022-04-04 16:02:49'),(218,46372,46549,'claimant was totally disabled','For example, in Ellicott Development, the treating doctor always opined throughout the file that the claimant was totally disabled from all employment','For example, in <em>Ellicott Development, </em>the treating doctor always opined throughout the file that the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/04/did-you-know-a-bill-being-considered-by-the-ny-state-legislature-which-would-create-a-presumption-of-permanent-total-disability-for-claimants-who-are-found-eligible-for-social-security/\">claimant was totally disabled</a> from all employment','For example, in <em>Ellicott Development, </em>the treating doctor always opined throughout the file that the claimant was totally disabled from all employment','The Board has also consistently found post-Jacobi that an opinion of total from a doctor’s office post-surgery is meaningless when the doctor continuously opined that the claimant was totally disabled from all employment despite Board decisions to the contrary in the files.  For example, in Ellicott Development, the treating doctor always opined throughout the file that the claimant was totally disabled from all employment.  The Board discussed that the Reserved Decision finding that the uncontroverted opinion of total from that treating was not sufficient to keep the claimant at a total disability for more than a post-surgical period because it was not credible evidence of post-surgery total disability. ','For example, in <em>Ellicott Development, </em>the treating doctor always opined throughout the file that the claimant was totally disabled from all employment.',0,'2022-04-04 16:02:49','2022-04-04 16:02:49'),(219,46372,46549,'claimant was totally disabled','Similarly, in Buffalo Psychiatric Center, the Board found that for a brief period following surgery the claimant was totally disabled per the medical opinion, but that upon her return to symptomatic treatment the claimant had a less than total disability despite Dr','Similarly, in <em>Buffalo Psychiatric Center, </em>the Board found that for a brief period following surgery the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/04/did-you-know-a-bill-being-considered-by-the-ny-state-legislature-which-would-create-a-presumption-of-permanent-total-disability-for-claimants-who-are-found-eligible-for-social-security/\">claimant was totally disabled</a> per the medical opinion, but that upon her return to symptomatic treatment the claimant had a less than total disability despite Dr','Similarly, in <em>Buffalo Psychiatric Center, </em>the Board found that for a brief period following surgery the claimant was totally disabled per the medical opinion, but that upon her return to symptomatic treatment the claimant had a less than total disability despite Dr','Similarly, in Buffalo Psychiatric Center, the Board found that for a brief period following surgery the claimant was totally disabled per the medical opinion, but that upon her return to symptomatic treatment the claimant had a less than total disability despite Dr. Roger’s continued and uncontroverted opinion that the claimant has a total disability. ','Similarly, in <em>Buffalo Psychiatric Center, </em>the Board found that for a brief period following surgery the claimant was totally disabled per the medical opinion, but that upon her return to symptomatic treatment the claimant had a less than total disability despite Dr.',0,'2022-04-04 16:02:49','2022-04-04 16:02:49'),(220,46372,46553,'total disability throughout the period the claimant','Here, the treating doctors opined a total disability throughout the period the claimant was classified and paid with a permanent partial disability','Here, the treating doctors opined a <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/03/did-you-know-a-chiropractic-variance-request-based-on-alleged-functional-improvements-and-expected-continued-improvements-may-not-be-granted-if-the-chiropractor-continues-to-find-that-the-claimant-is/\">total disability throughout the period the claimant</a> was classified and paid with a permanent partial disability','Here, the treating doctors opined a total disability throughout the period the claimant was classified and paid with a permanent partial disability','Here, the treating doctors opined a total disability throughout the period the claimant was classified and paid with a permanent partial disability.  The treating doctor’s office opined a total disability in 2014 and the issue of whether the claimant should be reclassified to a permanent total disability was litigated and decided in a 2015 Reserved Decision. ','Here, the treating doctors opined a total disability throughout the period the claimant was classified and paid with a permanent partial disability.  The treating doctor’s office opined a total disability in 2014 and the issue of whether the claimant should be reclassified to a permanent total disability was litigated and decided in a 2015 Reserved Decision.  The opinion of the treating doctor of a total disability',0,'2022-04-04 16:02:49','2022-04-04 16:02:49'),(221,46372,46553,'total disability is not sufficient to continue','The opinion of the treating doctor of a total disability is not sufficient to continue the awards at total, because the treating doctor’s opinion that the claimant is permanently totally disabled is well-known and unchanged from','The opinion of the treating doctor of a <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/03/did-you-know-a-chiropractic-variance-request-based-on-alleged-functional-improvements-and-expected-continued-improvements-may-not-be-granted-if-the-chiropractor-continues-to-find-that-the-claimant-is/\">total disability is not sufficient to continue</a> the awards at total, because the treating doctor’s opinion that the claimant is permanently totally disabled is well-known and unchanged from','The opinion of the treating doctor of a total disability is not sufficient to continue the awards at total, because the treating doctor’s opinion that the claimant is permanently totally disabled is well-known and unchanged from','The treating doctor’s office opined a total disability in 2014 and the issue of whether the claimant should be reclassified to a permanent total disability was litigated and decided in a 2015 Reserved Decision.  The opinion of the treating doctor of a total disability is not sufficient to continue the awards at total, because the treating doctor’s opinion that the claimant is permanently totally disabled is well-known and unchanged from  before the prior litigation.','the treating doctors opined a total disability throughout the period the claimant was classified and paid with a permanent partial disability.  The treating doctor’s office opined a total disability in 2014 and the issue of whether the claimant should be reclassified to a permanent total disability was litigated and decided in a 2015 Reserved Decision.  The opinion of the treating doctor of a total disability is not sufficient to continue the awards at total, because the treating doctor’s opinion that the claimant is permanently totally disabled is well-known and unchanged from',0,'2022-04-04 16:02:49','2022-04-04 16:02:49'),(222,46372,46553,'claimant is permanently totally disabled','The opinion of the treating doctor of a total disability is not sufficient to continue the awards at total, because the treating doctor’s opinion that the claimant is permanently totally disabled is well-known and unchanged from','The opinion of the treating doctor of a total disability is not sufficient to continue the awards at total, because the treating doctor’s opinion that the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/03/did-you-know-a-chiropractic-variance-request-based-on-alleged-functional-improvements-and-expected-continued-improvements-may-not-be-granted-if-the-chiropractor-continues-to-find-that-the-claimant-is/\">claimant is permanently totally disabled</a> is well-known and unchanged from','The opinion of the treating doctor of a total disability is not sufficient to continue the awards at total, because the treating doctor’s opinion that the claimant is permanently totally disabled is well-known and unchanged from','The treating doctor’s office opined a total disability in 2014 and the issue of whether the claimant should be reclassified to a permanent total disability was litigated and decided in a 2015 Reserved Decision.  The opinion of the treating doctor of a total disability is not sufficient to continue the awards at total, because the treating doctor’s opinion that the claimant is permanently totally disabled is well-known and unchanged from  before the prior litigation.','the treating doctors opined a total disability throughout the period the claimant was classified and paid with a permanent partial disability.  The treating doctor’s office opined a total disability in 2014 and the issue of whether the claimant should be reclassified to a permanent total disability was litigated and decided in a 2015 Reserved Decision.  The opinion of the treating doctor of a total disability is not sufficient to continue the awards at total, because the treating doctor’s opinion that the claimant is permanently totally disabled is well-known and unchanged from',0,'2022-04-04 16:02:49','2022-04-04 16:02:49'),(223,46372,46553,'claimant was totally disabled','For example, in Ellicott Development, the treating doctor always opined throughout the file that the claimant was totally disabled from all employment','For example, in <em>Ellicott Development, </em>the treating doctor always opined throughout the file that the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/03/did-you-know-a-chiropractic-variance-request-based-on-alleged-functional-improvements-and-expected-continued-improvements-may-not-be-granted-if-the-chiropractor-continues-to-find-that-the-claimant-is/\">claimant was totally disabled</a> from all employment','For example, in <em>Ellicott Development, </em>the treating doctor always opined throughout the file that the claimant was totally disabled from all employment','The Board has also consistently found post-Jacobi that an opinion of total from a doctor’s office post-surgery is meaningless when the doctor continuously opined that the claimant was totally disabled from all employment despite Board decisions to the contrary in the files.  For example, in Ellicott Development, the treating doctor always opined throughout the file that the claimant was totally disabled from all employment.  The Board discussed that the Reserved Decision finding that the uncontroverted opinion of total from that treating was not sufficient to keep the claimant at a total disability for more than a post-surgical period because it was not credible evidence of post-surgery total disability. ','For example, in <em>Ellicott Development, </em>the treating doctor always opined throughout the file that the claimant was totally disabled from all employment.',0,'2022-04-04 16:02:49','2022-04-04 16:02:49'),(224,46372,46553,'claimant was totally disabled','Similarly, in Buffalo Psychiatric Center, the Board found that for a brief period following surgery the claimant was totally disabled per the medical opinion, but that upon her return to symptomatic treatment the claimant had a less than total disability despite Dr','Similarly, in <em>Buffalo Psychiatric Center, </em>the Board found that for a brief period following surgery the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/03/did-you-know-a-chiropractic-variance-request-based-on-alleged-functional-improvements-and-expected-continued-improvements-may-not-be-granted-if-the-chiropractor-continues-to-find-that-the-claimant-is/\">claimant was totally disabled</a> per the medical opinion, but that upon her return to symptomatic treatment the claimant had a less than total disability despite Dr','Similarly, in <em>Buffalo Psychiatric Center, </em>the Board found that for a brief period following surgery the claimant was totally disabled per the medical opinion, but that upon her return to symptomatic treatment the claimant had a less than total disability despite Dr','Similarly, in Buffalo Psychiatric Center, the Board found that for a brief period following surgery the claimant was totally disabled per the medical opinion, but that upon her return to symptomatic treatment the claimant had a less than total disability despite Dr. Roger’s continued and uncontroverted opinion that the claimant has a total disability. ','Similarly, in <em>Buffalo Psychiatric Center, </em>the Board found that for a brief period following surgery the claimant was totally disabled per the medical opinion, but that upon her return to symptomatic treatment the claimant had a less than total disability despite Dr.',0,'2022-04-04 16:02:49','2022-04-04 16:02:49'),(225,46372,46553,'claimant was totally disabled','Similarly, in Buffalo Psychiatric Center, the Board found that for a brief period following surgery the claimant was totally disabled per the medical opinion, but that upon her return to symptomatic treatment the claimant had a less than total disability despite Dr','Similarly, in <em>Buffalo Psychiatric Center, </em>the Board found that for a brief period following surgery the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/03/did-you-know-a-chiropractic-variance-request-based-on-alleged-functional-improvements-and-expected-continued-improvements-may-not-be-granted-if-the-chiropractor-continues-to-find-that-the-claimant-is/\">claimant was totally disabled</a> per the medical opinion, but that upon her return to symptomatic treatment the claimant had a less than total disability despite Dr','Similarly, in <em>Buffalo Psychiatric Center, </em>the Board found that for a brief period following surgery the claimant was totally disabled per the medical opinion, but that upon her return to symptomatic treatment the claimant had a less than total disability despite Dr','Similarly, in Buffalo Psychiatric Center, the Board found that for a brief period following surgery the claimant was totally disabled per the medical opinion, but that upon her return to symptomatic treatment the claimant had a less than total disability despite Dr. Roger’s continued and uncontroverted opinion that the claimant has a total disability. ','Similarly, in <em>Buffalo Psychiatric Center, </em>the Board found that for a brief period following surgery the claimant was totally disabled per the medical opinion, but that upon her return to symptomatic treatment the claimant had a less than total disability despite Dr.',0,'2022-04-04 16:02:49','2022-04-04 16:02:49'),(226,46372,46342,'medical opinion','Similarly, in Buffalo Psychiatric Center, the Board found that for a brief period following surgery the claimant was totally disabled per the medical opinion, but that upon her return to symptomatic treatment the claimant had a less than total disability despite Dr','Similarly, in <em>Buffalo Psychiatric Center, </em>the Board found that for a brief period following surgery the claimant was totally disabled per the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/05/claim-disallowance-with-unanimous-medical-opinion-giving-causal-relationship/\">medical opinion</a>, but that upon her return to symptomatic treatment the claimant had a less than total disability despite Dr','Similarly, in <em>Buffalo Psychiatric Center, </em>the Board found that for a brief period following surgery the claimant was totally disabled per the medical opinion, but that upon her return to symptomatic treatment the claimant had a less than total disability despite Dr','Similarly, in Buffalo Psychiatric Center, the Board found that for a brief period following surgery the claimant was totally disabled per the medical opinion, but that upon her return to symptomatic treatment the claimant had a less than total disability despite Dr. Roger’s continued and uncontroverted opinion that the claimant has a total disability. ','Similarly, in <em>Buffalo Psychiatric Center, </em>the Board found that for a brief period following surgery the claimant was totally disabled per the medical opinion, but that upon her return to symptomatic treatment the claimant had a less than total disability despite Dr.',0,'2022-04-04 16:02:49','2022-04-04 16:02:49'),(227,46372,46422,'treatment the claimant','Similarly, in Buffalo Psychiatric Center, the Board found that for a brief period following surgery the claimant was totally disabled per the medical opinion, but that upon her return to symptomatic treatment the claimant had a less than total disability despite Dr','Similarly, in <em>Buffalo Psychiatric Center, </em>the Board found that for a brief period following surgery the claimant was totally disabled per the medical opinion, but that upon her return to symptomatic <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2017/06/board-finds-that-medical-treatment-guidelines-apply-to-out-of-state-claimants/\">treatment the claimant</a> had a less than total disability despite Dr','Similarly, in <em>Buffalo Psychiatric Center, </em>the Board found that for a brief period following surgery the claimant was totally disabled per the medical opinion, but that upon her return to symptomatic treatment the claimant had a less than total disability despite Dr','Similarly, in Buffalo Psychiatric Center, the Board found that for a brief period following surgery the claimant was totally disabled per the medical opinion, but that upon her return to symptomatic treatment the claimant had a less than total disability despite Dr. Roger’s continued and uncontroverted opinion that the claimant has a total disability. ','Similarly, in <em>Buffalo Psychiatric Center, </em>the Board found that for a brief period following surgery the claimant was totally disabled per the medical opinion, but that upon her return to symptomatic treatment the claimant had a less than total disability despite Dr.',0,'2022-04-04 16:02:49','2022-04-04 16:02:49'),(228,46489,46549,'bills for the treatment will be found','Whether bills for the treatment will be found compensable appears to hinge on whether the referral to the psychologist in the first instance complied with WCL §13-m(2)(a)','Whether <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/\">bills for the treatment will be found</a> compensable appears to hinge on whether the referral to the psychologist in the first instance complied with WCL §13-m(2)(a)','Whether bills for the treatment will be found compensable appears to hinge on whether the referral to the psychologist in the first instance complied with WCL §13-m(2)(a)','Whether bills for the treatment will be found compensable appears to hinge on whether the referral to the psychologist in the first instance complied with WCL §13-m(2)(a) .  That section requires that psychotherapy be initiated upon the referral of an authorized physician.','Whether bills for the treatment will be found compensable appears to hinge on whether the referral to the psychologist in the first instance complied with WCL §13-m(2)(a) .  That section requires that psychotherapy be initiated upon the referral of an authorized physician. As a result, where a chiropractor referred a claimant for psychotherapy, and a licensed social worker then treated the claimant under the supervision of that psychotherapist, objections to medical bills were found in favor of the carrier because a chiropractor is not an authorized physician pursuant to WCL §13-m(2)(a). <em>See </em>Bletsas Plumbing &amp; Hea',0,'2022-04-04 16:02:51','2022-04-04 16:02:51'),(229,46489,46549,'social worker then treated the claimant','As a result, where a chiropractor referred a claimant for psychotherapy, and a licensed social worker then treated the claimant under the supervision of that psychotherapist, objections to medical bills were found in favor of the carrier because a chiropractor is not an authorized physician pursuant to WCL §13-m(2)(a)','As a result, where a chiropractor referred a claimant for psychotherapy, and a licensed <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/\">social worker then treated the claimant</a> under the supervision of that psychotherapist, objections to medical bills were found in favor of the carrier because a chiropractor is not an authorized physician pursuant to WCL §13-m(2)(a)','As a result, where a chiropractor referred a claimant for psychotherapy, and a licensed social worker then treated the claimant under the supervision of that psychotherapist, objections to medical bills were found in favor of the carrier because a chiropractor is not an authorized physician pursuant to WCL §13-m(2)(a)','That section requires that psychotherapy be initiated upon the referral of an authorized physician. As a result, where a chiropractor referred a claimant for psychotherapy, and a licensed social worker then treated the claimant under the supervision of that psychotherapist, objections to medical bills were found in favor of the carrier because a chiropractor is not an authorized physician pursuant to WCL §13-m(2)(a). See Bletsas Plumbing & Heating, 2014 N.Y.Wrk.Comp. ','As a result, where a chiropractor referred a claimant for psychotherapy, and a licensed social worker then treated the claimant under the supervision of that psychotherapist, objections to medical bills were found in favor of the carrier because a chiropractor is not an authorized physician pursuant to WCL §13-m(2)(a). <em>See </em>Bletsas Plumbing &amp; Hea',0,'2022-04-04 16:02:51','2022-04-04 16:02:51'),(230,46489,46549,'bills were found','As a result, where a chiropractor referred a claimant for psychotherapy, and a licensed social worker then treated the claimant under the supervision of that psychotherapist, objections to medical bills were found in favor of the carrier because a chiropractor is not an authorized physician pursuant to WCL §13-m(2)(a)','As a result, where a chiropractor referred a claimant for psychotherapy, and a licensed social worker then treated the claimant under the supervision of that psychotherapist, objections to medical <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/\">bills were found</a> in favor of the carrier because a chiropractor is not an authorized physician pursuant to WCL §13-m(2)(a)','As a result, where a chiropractor referred a claimant for psychotherapy, and a licensed social worker then treated the claimant under the supervision of that psychotherapist, objections to medical bills were found in favor of the carrier because a chiropractor is not an authorized physician pursuant to WCL §13-m(2)(a)','That section requires that psychotherapy be initiated upon the referral of an authorized physician. As a result, where a chiropractor referred a claimant for psychotherapy, and a licensed social worker then treated the claimant under the supervision of that psychotherapist, objections to medical bills were found in favor of the carrier because a chiropractor is not an authorized physician pursuant to WCL §13-m(2)(a). See Bletsas Plumbing & Heating, 2014 N.Y.Wrk.Comp. ','As a result, where a chiropractor referred a claimant for psychotherapy, and a licensed social worker then treated the claimant under the supervision of that psychotherapist, objections to medical bills were found in favor of the carrier because a chiropractor is not an authorized physician pursuant to WCL §13-m(2)(a). <em>See </em>Bletsas Plumbing &amp; Hea',0,'2022-04-04 16:02:51','2022-04-04 16:02:51'),(231,46565,46504,'earning in excess of her former average weekly wage','A vocational rehabilitation expert opined that the claimant was capable of returning to work earning in excess of her former average weekly wage despite her impairment because of her vocational history and educational achievements','A vocational rehabilitation expert opined that the claimant was capable of returning to work <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 in excess of her former average weekly wage</a> despite her impairment because of her vocational history and educational achievements','A vocational rehabilitation expert opined that the claimant was capable of returning to work earning in excess of her former average weekly wage despite her impairment because of her vocational history and educational achievements','I posited that the Claimant, who has an impairment which limits her to light or sedentary work, should be found to have a 0% loss of wage earning capacity. A vocational rehabilitation expert opined that the claimant was capable of returning to work earning in excess of her former average weekly wage despite her impairment because of her vocational history and educational achievements. We will see what happens.','argued that this principle should apply to a non-working Claimant. I posited that the Claimant, who has an impairment which limits her to light or sedentary work, should be found to have a 0% loss of wage earning capacity. A vocational rehabilitation expert opined that the claimant was capable of returning to work earning in excess of her former average weekly wage despite her impairment because of her vocational history and educational achievements.',0,'2022-04-04 16:10:42','2022-04-04 16:10:42'),(232,46565,46504,'loss of wage earning capacity','I posited that the Claimant, who has an impairment which limits her to light or sedentary work, should be found to have a 0% loss of wage earning capacity','I posited that the Claimant, who has an impairment which limits her to light or sedentary work, should be found to have a 0% <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>','I posited that the Claimant, who has an impairment which limits her to light or sedentary work, should be found to have a 0% loss of wage earning capacity','I recently argued that this principle should apply to a non-working Claimant. I posited that the Claimant, who has an impairment which limits her to light or sedentary work, should be found to have a 0% loss of wage earning capacity. A vocational rehabilitation expert opined that the claimant was capable of returning to work earning in excess of her former average weekly wage despite her impairment because of her vocational history and educational achievements.','IMANTS WHO HAVE A 0% LWEC, LOSS OF WAGE EARNING CAPACITY, ARE ENTITLED TO 225 WEEKS OF CAPPED PPD BENEFITS.',0,'2022-04-04 16:10:42','2022-04-04 16:10:42'),(233,46565,46509,'earning in excess of her former average weekly wage','A vocational rehabilitation expert opined that the claimant was capable of returning to work earning in excess of her former average weekly wage despite her impairment because of her vocational history and educational achievements','A vocational rehabilitation expert opined that the claimant was capable of returning to work <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 in excess of her former average weekly wage</a> despite her impairment because of her vocational history and educational achievements','A vocational rehabilitation expert opined that the claimant was capable of returning to work earning in excess of her former average weekly wage despite her impairment because of her vocational history and educational achievements','I posited that the Claimant, who has an impairment which limits her to light or sedentary work, should be found to have a 0% loss of wage earning capacity. A vocational rehabilitation expert opined that the claimant was capable of returning to work earning in excess of her former average weekly wage despite her impairment because of her vocational history and educational achievements. We will see what happens.','argued that this principle should apply to a non-working Claimant. I posited that the Claimant, who has an impairment which limits her to light or sedentary work, should be found to have a 0% loss of wage earning capacity. A vocational rehabilitation expert opined that the claimant was capable of returning to work earning in excess of her former average weekly wage despite her impairment because of her vocational history and educational achievements.',0,'2022-04-04 16:10:42','2022-04-04 16:10:42'),(234,46565,46509,'loss of wage earning capacity','I posited that the Claimant, who has an impairment which limits her to light or sedentary work, should be found to have a 0% loss of wage earning capacity','I posited that the Claimant, who has an impairment which limits her to light or sedentary work, should be found to have a 0% <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>','I posited that the Claimant, who has an impairment which limits her to light or sedentary work, should be found to have a 0% loss of wage earning capacity','I recently argued that this principle should apply to a non-working Claimant. I posited that the Claimant, who has an impairment which limits her to light or sedentary work, should be found to have a 0% loss of wage earning capacity. A vocational rehabilitation expert opined that the claimant was capable of returning to work earning in excess of her former average weekly wage despite her impairment because of her vocational history and educational achievements.','IMANTS WHO HAVE A 0% LWEC, LOSS OF WAGE EARNING CAPACITY, ARE ENTITLED TO 225 WEEKS OF CAPPED PPD BENEFITS.',0,'2022-04-04 16:10:42','2022-04-04 16:10:42'),(235,46565,46371,'claimant was capable of returning to work','A vocational rehabilitation expert opined that the claimant was capable of returning to work earning in excess of her former average weekly wage despite her impairment because of her vocational history and educational achievements','A vocational rehabilitation expert opined that the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/01/fraud-in-the-family-claimant-doing-other-work-while-receiving-comp-benefits/\">claimant was capable of returning to work</a> earning in excess of her former average weekly wage despite her impairment because of her vocational history and educational achievements','A vocational rehabilitation expert opined that the claimant was capable of returning to work earning in excess of her former average weekly wage despite her impairment because of her vocational history and educational achievements','I posited that the Claimant, who has an impairment which limits her to light or sedentary work, should be found to have a 0% loss of wage earning capacity. A vocational rehabilitation expert opined that the claimant was capable of returning to work earning in excess of her former average weekly wage despite her impairment because of her vocational history and educational achievements. We will see what happens.','argued that this principle should apply to a non-working Claimant. I posited that the Claimant, who has an impairment which limits her to light or sedentary work, should be found to have a 0% loss of wage earning capacity. A vocational rehabilitation expert opined that the claimant was capable of returning to work earning in excess of her former average weekly wage despite her impairment because of her vocational history and educational achievements.',0,'2022-04-04 16:10:42','2022-04-04 16:10:42'),(236,46565,46480,'average weekly wage','A vocational rehabilitation expert opined that the claimant was capable of returning to work earning in excess of her former average weekly wage despite her impairment because of her vocational history and educational achievements','A vocational rehabilitation expert opined that the claimant was capable of returning to work earning in excess of her former <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2015/08/average-wages/\">average weekly wage</a> despite her impairment because of her vocational history and educational achievements','A vocational rehabilitation expert opined that the claimant was capable of returning to work earning in excess of her former average weekly wage despite her impairment because of her vocational history and educational achievements','I posited that the Claimant, who has an impairment which limits her to light or sedentary work, should be found to have a 0% loss of wage earning capacity. A vocational rehabilitation expert opined that the claimant was capable of returning to work earning in excess of her former average weekly wage despite her impairment because of her vocational history and educational achievements. We will see what happens.','I recently argued that this principle should apply to a non-working Claimant. I posited that the Claimant, who has an impairment which limits her to light or sedentary work, should be found to have a 0% loss of wage earning capacity. A vocational rehabilitation expert opined that the claimant was capable of returning to work earning in excess of her former average weekly wage despite her impairment because of her vocational history and educational achievements.',0,'2022-04-04 16:10:42','2022-04-04 16:10:42'),(237,48691,46421,'workers’ compensation','He has experience in workers’ compensation law, assisting with claims on the claimant side','He has experience 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, assisting with claims on the claimant side','He has experience in workers’ compensation law, assisting with claims on the claimant side','Maxwell has always had ambitions of pursuing a career in law and has dreams of becoming an attorney. He has experience in workers’ compensation law, assisting with claims on the claimant side.','He has experience in workers’ compensation law, assisting with claims on the claimant side.',0,'2022-04-04 16:10:49','2022-04-04 16:10:49'),(238,48691,46486,'workers’ compensation','He has experience in workers’ compensation law, assisting with claims on the claimant side','He has experience 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, assisting with claims on the claimant side','He has experience in workers’ compensation law, assisting with claims on the claimant side','Maxwell has always had ambitions of pursuing a career in law and has dreams of becoming an attorney. He has experience in workers’ compensation law, assisting with claims on the claimant side.','He has experience in workers’ compensation law, assisting with claims on the claimant side.',0,'2022-04-04 16:10:49','2022-04-04 16:10:49'),(239,48691,46512,'workers’ compensation','He has experience in workers’ compensation law, assisting with claims on the claimant side','He has experience 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, assisting with claims on the claimant side','He has experience in workers’ compensation law, assisting with claims on the claimant side','Maxwell has always had ambitions of pursuing a career in law and has dreams of becoming an attorney. He has experience in workers’ compensation law, assisting with claims on the claimant side.','He has experience in workers’ compensation law, assisting with claims on the claimant side.',0,'2022-04-04 16:10:49','2022-04-04 16:10:49'),(240,48691,46555,'workers’ compensation','He has experience in workers’ compensation law, assisting with claims on the claimant side','He has experience 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, assisting with claims on the claimant side','He has experience in workers’ compensation law, assisting with claims on the claimant side','Maxwell has always had ambitions of pursuing a career in law and has dreams of becoming an attorney. He has experience in workers’ compensation law, assisting with claims on the claimant side.','He has experience in workers’ compensation law, assisting with claims on the claimant side.',0,'2022-04-04 16:10:49','2022-04-04 16:10:49'),(241,48691,48276,'compensation law','He has experience in workers’ compensation law, assisting with claims on the claimant side','He has experience in workers’ <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/amherst-workers-compensation-defense-law-office/\">compensation law</a>, assisting with claims on the claimant side','He has experience in workers’ compensation law, assisting with claims on the claimant side','Maxwell has always had ambitions of pursuing a career in law and has dreams of becoming an attorney. He has experience in workers’ compensation law, assisting with claims on the claimant side.','He has experience in workers’ compensation law, assisting with claims on the claimant side.',0,'2022-04-04 16:10:49','2022-04-04 16:10:49'),(242,48691,46374,'claims on the claimant','He has experience in workers’ compensation law, assisting with claims on the claimant side','He has experience in workers’ compensation law, assisting with <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/\">claims on the claimant</a> side','He has experience in workers’ compensation law, assisting with claims on the claimant side','Maxwell has always had ambitions of pursuing a career in law and has dreams of becoming an attorney. He has experience in workers’ compensation law, assisting with claims on the claimant side.','He has experience in workers’ compensation law, assisting with claims on the claimant side.',0,'2022-04-04 16:10:49','2022-04-04 16:10:49'),(243,46502,46543,'specific pharmacological treatments','The NAP MTGs also discuss specific pharmacological treatments','The NAP MTGs also discuss <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/07/did-you-know-the-third-department-holds-that-medical-treatment-which-is-not-specifically-included-in-the-mtg-is-presumptively-not-medically-necessary/\">specific pharmacological treatments</a>','The NAP MTGs also discuss specific pharmacological treatments','The NAP MTGs also discuss specific pharmacological treatments. For example, many employers and carriers will be thrilled to learn that compound creams are not recommended for the treatment of Non-Acute Pain.','The NAP MTGs also discuss specific pharmacological treatments. For example, many employers and carriers will be thrilled to learn that compound creams are not recommended for the treatment of Non-Acute Pain. Additionally, buccally (via the lining of the mouth) delivered fentanyl products, like Actiq ® and Subsys ® are not recommended.',0,'2022-04-04 16:10:51','2022-04-04 16:10:51'),(244,46502,46511,'employers and carriers','For example, many employers and carriers will be thrilled to learn that compound creams are not recommended for the treatment of Non-Acute Pain','For example, many <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/10/less-than-twelve-weeks-remaining-for-wcl-%c2%a725-a-because-subject-046-630-contains-stricter-requirements-for-reopening-a-claim-on-the-issue-of-%c2%a725-a-prudent-carriers-and-employers-may-want/\">employers and carriers</a> will be thrilled to learn that compound creams are not recommended for the treatment of Non-Acute Pain','For example, many employers and carriers will be thrilled to learn that compound creams are not recommended for the treatment of Non-Acute Pain','The NAP MTGs also discuss specific pharmacological treatments. For example, many employers and carriers will be thrilled to learn that compound creams are not recommended for the treatment of Non-Acute Pain. Additionally, buccally (via the lining of the mouth) delivered fentanyl products, like Actiq ® and Subsys ® are not recommended.','For example, many employers and carriers will be thrilled to learn that compound creams are not recommended for the treatment of Non-Acute Pain.',0,'2022-04-04 16:10:51','2022-04-04 16:10:51'),(245,46502,46546,'employers and carriers','For example, many employers and carriers will be thrilled to learn that compound creams are not recommended for the treatment of Non-Acute Pain','For example, many <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/07/did-you-know-an-employer-or-carrier-may-be-able-to-reopen-a-ppd-claim-on-the-issue-of-labor-market-attachment/\">employers and carriers</a> will be thrilled to learn that compound creams are not recommended for the treatment of Non-Acute Pain','For example, many employers and carriers will be thrilled to learn that compound creams are not recommended for the treatment of Non-Acute Pain','The NAP MTGs also discuss specific pharmacological treatments. For example, many employers and carriers will be thrilled to learn that compound creams are not recommended for the treatment of Non-Acute Pain. Additionally, buccally (via the lining of the mouth) delivered fentanyl products, like Actiq ® and Subsys ® are not recommended.','For example, many employers and carriers will be thrilled to learn that compound creams are not recommended for the treatment of Non-Acute Pain.',0,'2022-04-04 16:10:51','2022-04-04 16:10:51'),(246,46373,46343,'late notice,','By being able to demonstrate that a proper investigation was not able to have taken place because of the late notice, we are in a better position to show prejudice','By being able to demonstrate that a proper investigation was not able to have taken place because of the <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/05/employers-do-not-have-to-prove-prejudice-by-late-notice-but-it-certainly-doesnt-hurt-to-do-so/\">late notice,</a> we are in a better position to show prejudice','By being able to demonstrate that a proper investigation was not able to have taken place because of the late notice, we are in a better position to show prejudice','However, in an effort to show prejudice, it is always helpful to be able to demonstrate that normally there is an investigation that would be undertaken after a reported accident.  By being able to demonstrate that a proper investigation was not able to have taken place because of the late notice, we are in a better position to show prejudice.','By being able to demonstrate that a proper investigation was not able to have taken place because of the late notice, we are in a better position to show prejudice.',0,'2022-04-04 16:32:24','2022-04-04 16:32:24'),(247,46419,46378,'– how does this proposed','However, this raises an interesting question for this author – how does this proposed amendment account for the growing accessibility to a statewide Workers’ Compensation practice due to introduction of virtual hearings','However, this raises an interesting question for this author <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2020/06/proposed-changes-to-%c2%a7%c2%a7300-22-and-300-23-overpayments/\">– how does this proposed</a> amendment account for the growing accessibility to a statewide Workers’ Compensation practice due to introduction of virtual hearings','However, this raises an interesting question for this author – how does this proposed amendment account for the growing accessibility to a statewide Workers’ Compensation practice due to introduction of virtual hearings','Part of the proposed amendment would allow for the Appellate Department where the intern’s activities are taking place to make the determination about whether or not to permit the intern to practice.  However, this raises an interesting question for this author – how does this proposed amendment account for the growing accessibility to a statewide Workers’ Compensation practice due to introduction of virtual hearings? Theoretically, a legal intern’s practice activities could encompass appearances in each Appellate Division.','However, currently the definition of “legal or law interns” is subject to the Third Department Appellate Division’s rules. Part of the proposed amendment would allow for the Appellate Department where the intern’s activities are taking place to make the determination about whether or not to permit the intern to practice.  However, this raises an interesting question for this author – how does this proposed amendment account for the growing accessibility to a statewide Workers’ Compensation practice due to introduction of virtual hearings?',0,'2022-04-04 16:38:16','2022-04-04 16:38:16'),(248,46419,46420,'– how does this proposed amendment','However, this raises an interesting question for this author – how does this proposed amendment account for the growing accessibility to a statewide Workers’ Compensation practice due to introduction of virtual hearings','However, this raises an interesting question for this author <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2017/10/court-of-appeals-upholds-2013-amendment-to-section-25-a-marking-the-end-for-the-fund-for-reopened-cases/\">– how does this proposed amendment</a> account for the growing accessibility to a statewide Workers’ Compensation practice due to introduction of virtual hearings','However, this raises an interesting question for this author – how does this proposed amendment account for the growing accessibility to a statewide Workers’ Compensation practice due to introduction of virtual hearings','Part of the proposed amendment would allow for the Appellate Department where the intern’s activities are taking place to make the determination about whether or not to permit the intern to practice.  However, this raises an interesting question for this author – how does this proposed amendment account for the growing accessibility to a statewide Workers’ Compensation practice due to introduction of virtual hearings? Theoretically, a legal intern’s practice activities could encompass appearances in each Appellate Division.','However, currently the definition of “legal or law interns” is subject to the Third Department Appellate Division’s rules. Part of the proposed amendment would allow for the Appellate Department where the intern’s activities are taking place to make the determination about whether or not to permit the intern to practice.  However, this raises an interesting question for this author – how does this proposed amendment account for the growing accessibility to a statewide Workers’ Compensation practice due to introduction of virtual hearings?',0,'2022-04-04 16:38:16','2022-04-04 16:38:16'),(249,46419,46369,'applications for review/full board review','Specifically, the amendments would allow the interns – under general supervision of an attorney – to fully participate in informal proceedings, prepare and enter into stipulations other than waiver agreements, and prepare and file applications for review/full board review or rebuttals','Specifically, the amendments would allow the interns – under general supervision of an attorney – to fully participate in informal proceedings, prepare and enter into stipulations other than waiver agreements, and prepare and file <a href=\"https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2021/02/no-error-of-law-or-fact-in-an-application-for-full-board-review/\">applications for review/full board review</a> or rebuttals','Specifically, the amendments would allow the interns – under general supervision of an attorney – to fully participate in informal proceedings, prepare and enter into stipulations other than waiver agreements, and prepare and file applications for review/full board review or rebuttals','Lastly, the proposed amendments explicitly expand the range of services these interns can provide. Specifically, the amendments would allow the interns – under general supervision of an attorney – to fully participate in informal proceedings, prepare and enter into stipulations other than waiver agreements, and prepare and file applications for review/full board review or rebuttals. The regulations would allow these interns to enter into waiver agreements under immediate supervision of an attorney – which is already defined by the regulation to mean that the attorney be personally present with the intern throughout the hearing.','Specifically, the amendments would allow the interns – under general supervision of an attorney – to fully participate in informal proceedings, prepare and enter into stipulations other than waiver agreements, and prepare and file applications for review/full board review or rebuttals.',0,'2022-04-04 16:38:16','2022-04-04 16:38:16'),(250,46419,46387,'board review','Specifically, the amendments would allow the interns – under general supervision of an attorney – to fully participate in informal proceedings, prepare and enter into stipulations other than waiver agreements, and prepare and file applications for review/full board review or rebuttals','Specifically, the amendments would allow the interns – under general supervision of an attorney – to fully participate in informal proceedings, prepare and enter into stipulations other than waiver agreements, and prepare and file applications for review/full <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/\">board review</a> or rebuttals','Specifically, the amendments would allow the interns – under general supervision of an attorney – to fully participate in informal proceedings, prepare and enter into stipulations other than waiver agreements, and prepare and file applications for review/full board review or rebuttals','Lastly, the proposed amendments explicitly expand the range of services these interns can provide. Specifically, the amendments would allow the interns – under general supervision of an attorney – to fully participate in informal proceedings, prepare and enter into stipulations other than waiver agreements, and prepare and file applications for review/full board review or rebuttals. The regulations would allow these interns to enter into waiver agreements under immediate supervision of an attorney – which is already defined by the regulation to mean that the attorney be personally present with the intern throughout the hearing.','Specifically, the amendments would allow the interns – under general supervision of an attorney – to fully participate in informal proceedings, prepare and enter into stipulations other than waiver agreements, and prepare and file applications for review/full board review or rebuttals.',0,'2022-04-04 16:38:16','2022-04-04 16:38:16'),(251,46482,46502,'treatment and deny any opioid medication','(Practitioner’s point: A provider’s failure to submit one or both of these forms would be a proper basis to file an objection to the treatment and deny any opioid medication claimant attempts to fill per that evaluation/provider.)','(<strong>Practitioner’s point</strong>: A provider’s failure to submit one or both of these forms would be a proper basis to file an objection to the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/11/non-acute-pain-medical-treatment-guidelines-offer-a-framework-for-controlling-costs-associated-with-chronic-pain-management-especially-opioid-use/\">treatment and deny any opioid medication</a> claimant attempts to fill per that evaluation/provider.)','(<strong>Practitioner’s point</strong>: A provider’s failure to submit one or both of these forms would be a proper basis to file an objection to the treatment and deny any opioid medication claimant attempts to fill per that evaluation/provider.)','As these are Board-required forms, these forms should be filed with the Workers’ Compensation Board at the time the provider seeks to begin the opioid trial or continue opioid medications for a claimant being brought into compliance with the Guidelines.  (Practitioner’s point: A provider’s failure to submit one or both of these forms would be a proper basis to file an objection to the treatment and deny any opioid medication claimant attempts to fill per that evaluation/provider.)','<strong>Practitioner’s point</strong>: Failure to provide the opioid risk assessment in the medical report would be a proper basis to file an objection to the treatment and deny any opioid medication claimant attempts to fill per that evaluation/provider.',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(252,46482,46502,'opioids to treat acute pain','The body-site-specific Guidelines also reference brief use following postoperative pain management, but again, note that use beyond 2 to 3 weeks for minor procedures, and 6 weeks for extensive surgical procedures, is the outside limit for use of opioids to treat acute pain','The body-site-specific Guidelines also reference brief use following postoperative pain management, but again, note that use beyond 2 to 3 weeks for minor procedures, and 6 weeks for extensive surgical procedures, is the outside limit for use of <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/\">opioids to treat acute pain</a>','The body-site-specific Guidelines also reference brief use following postoperative pain management, but again, note that use beyond 2 to 3 weeks for minor procedures, and 6 weeks for extensive surgical procedures, is the outside limit for use of opioids to treat acute pain','See, § D.7.g.ii.  The body-site-specific Guidelines also reference brief use following postoperative pain management, but again, note that use beyond 2 to 3 weeks for minor procedures, and 6 weeks for extensive surgical procedures, is the outside limit for use of opioids to treat acute pain.  See, § D.7.g.iii.','the claimant is currently being treated for acute pain, treatment is governed by the body-site-specific Medical Treatment Guideline.  By way of example, when the claimant undergoes a lumbar surgical procedure, Medical Treatment Guidelines for the low back provide that narcotics should be primarily reserved for the treatment of severe back pain with the optimum duration of 3 to 7 days and a maximum duration of two weeks, with use beyond this period only in appropriate cases and any use beyond the maximum two weeks should be documented and justified based on the diagnosis and/or invasive procedures.  <em>See</em>, <u>New York State Workers’ Compensation Board, Mid And Low Back Injury Medical Treatment Guidelines</u>, Third Edition, September 15, 2014, Section D.7.g.  Pursuant to section D.7.g.i, routine use of opioids for acute, subacute, or chronic pain is not recommended.  However, the Guidelines do provide for limited use of opioids in acute situations when there is severe pain and, in conjunction, two or more efficacious treatment modalities.  <em>See</em>, § D.7.g.ii.  Finally, the body-site-specific Medical Treatment Guidelines specifically address when discontinuation is appropriate with one of the factors noted to be use beyond two weeks.  See, § D.7.g.ii.  The body-site-specific Guidelines also reference brief use following postoperative pain management, but again, note that use beyond 2 to 3 weeks for minor procedures, and 6 weeks for extensive surgical procedures, is the outside limit for use of opioids to treat acute pain.  <em>See</em>, § D.7.g.iii.',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(253,46482,46502,'treatment is for acute or non-acute','(Practitioner’s point: At this point, objections can be made to the doctor’s bill for noncompliance with the Non-Acute Pain Medical Treatment Guidelines, as well as any script the claimant seeks to fill following this appointment, if the provider has not indicated whether the treatment is for acute or non-acute pain.)','(<strong><em>Practitioner’s point:</em> </strong>At this point, objections can be made to the doctor’s bill for noncompliance with the Non-Acute Pain Medical Treatment Guidelines, as well as any script the claimant seeks to fill following this appointment, if the provider has not indicated whether the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/11/non-acute-pain-medical-treatment-guidelines-offer-a-framework-for-controlling-costs-associated-with-chronic-pain-management-especially-opioid-use/\">treatment is for acute or non-acute</a> pain.)','(<strong><em>Practitioner’s point:</em> </strong>At this point, objections can be made to the doctor’s bill for noncompliance with the Non-Acute Pain Medical Treatment Guidelines, as well as any script the claimant seeks to fill following this appointment, if the provider has not indicated whether the treatment is for acute or non-acute pain.)','As such, although you can raise issue to continued medications by filing the appropriate objection, you cannot just stop payment of these medications in the absence of a judicial order.  (Practitioner’s point: At this point, objections can be made to the doctor’s bill for noncompliance with the Non-Acute Pain Medical Treatment Guidelines, as well as any script the claimant seeks to fill following this appointment, if the provider has not indicated whether the treatment is for acute or non-acute pain.)','<strong><em>Practitioner’s point:</em> </strong>At this point, objections can be made to the doctor’s bill for noncompliance with the Non-Acute Pain Medical Treatment Guidelines, as well as any script the claimant seeks to fill following this appointment, if the provider has not indicated whether the treatment is for acute or non-acute pain.',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(254,46482,46502,'pain management alternatives before opioids','The patient must fail pain management alternatives before opioids can be considered','The patient must fail <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 management alternatives before opioids</a> can be considered','The patient must fail pain management alternatives before opioids can be considered','A significant change to the Guidelines is that when considering opioid use in an opioid-naïve patient, certain criteria must be met before an opioid trial can be commenced.  The patient must fail pain management alternatives before opioids can be considered.  Specifically, § F.2.a.iv states:','the Guidelines is that when considering opioid use in an opioid-naïve patient, certain criteria <u>must</u> be met before an opioid trial can be commenced.  The patient must fail pain management alternatives before opioids can be considered.',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(255,46482,46502,'cost of opioid medications','The significant cost of opioid medications is not only borne by carriers, but also by claimants','The significant <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/\">cost of opioid medications</a> is not only borne by carriers, but also by claimants','The significant cost of opioid medications is not only borne by carriers, but also by claimants','Even the introduction to the Non-Acute Pain Guidelines indicates that the Guidelines were drafted in response to the dramatic increase in use of opioids to treat chronic non-cancer pain.  The significant cost of opioid medications is not only borne by carriers, but also by claimants.  The medication itself is expensive, the risks of use of these medications are significant; add to that the possibility of overdose, and the personal and financial costs become immeasurable.  ','the Workers Compensation Research Institute (WCRI) reported in its publication <u>Interstate Variations In The Use Of Narcotics</u>, Second Edition, following an investigation of 25 states, that it found that New York and Louisiana had the highest amount of narcotic use within Workers’ Compensation cases.<a href=\"#_ftn1\" name=\"_ftnref1\">[1]</a>   A July 2014 report by the CDC indicates that each day 46 people die from an overdose of prescription painkillers in the United States.<a href=\"#_ftn2\" name=\"_ftnref2\">[2]</a>  Finally, as reported by the CDC in 2007, the costs of opioid abuse totaled “about $55.7 billion with 46% attributable to workplace costs (i.e. lost productivity), 45% to healthcare costs (i.e. abuse treatment), and 9% to criminal justice costs.” <a href=\"#_ftn3\" name=\"_ftnref3\">[3]</a>  Even the introduction to the Non-Acute Pain Guidelines indicates that the Guidelines were drafted in response to the dramatic increase in use of opioids to treat chronic non-cancer pain.  The significant cost of opioid medications is not only borne by carriers, but also by claimants.',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(256,46482,46502,'treatment with opioid medications','If a trial is effective, the provider can then begin the transition from trial to long-term treatment with opioid medications','If a trial is effective, the provider can then begin the transition from trial to long-term <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/11/non-acute-pain-medical-treatment-guidelines-offer-a-framework-for-controlling-costs-associated-with-chronic-pain-management-especially-opioid-use/\">treatment with opioid medications</a>','If a trial is effective, the provider can then begin the transition from trial to long-term treatment with opioid medications','If a trial is effective, the provider can then begin the transition from trial to long-term treatment with opioid medications.  At the time of the transition from trial to long-term use, a full reassessment/reevaluation is to be completed.  ','If a trial is effective, the provider can then begin the transition from trial to long-term treatment with opioid medications.  At the time of the transition from trial to long-term use, a full reassessment/reevaluation is to be completed.  The failure of the provider to do a reassessment/reevaluation would be a valid basis to file an objection to the treatment and raise objection to continuing and transitioning the patient from trial to long-term opioid use.  Section F.2.b.ii provides the criteria necessary for a full reevaluation, which includes but is not limited to: physical and psychological assessment; appropriate referrals based upon complications of the clinical presentation; identifying concurrent non-opioid therapies which are appropriate; a schedule for monitoring and reevaluating the opioid use; compliance with federal and state standards; and, consideration of appropriate referrals for co-morbidities.',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(257,46482,46502,'opioids for acute, subacute,','Pursuant to section D.7.g.i, routine use of opioids for acute, subacute, or chronic pain is not recommended','Pursuant to section D.7.g.i, routine use of <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/\">opioids for acute, subacute,</a> or chronic pain is not recommended','Pursuant to section D.7.g.i, routine use of opioids for acute, subacute, or chronic pain is not recommended','See, New York State Workers’ Compensation Board, Mid And Low Back Injury Medical Treatment Guidelines, Third Edition, September 15, 2014, Section D.7.g.  Pursuant to section D.7.g.i, routine use of opioids for acute, subacute, or chronic pain is not recommended.  However, the Guidelines do provide for limited use of opioids in acute situations when there is severe pain and, in conjunction, two or more efficacious treatment modalities.  ','Pursuant to section D.7.g.i, routine use of opioids for acute, subacute, or chronic pain is not recommended.',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(258,46482,46502,'pain management treatment','To ensure compliance with all appropriate statutory provisions, be sure to copy all necessary parties to the action (claimant, claimant’s counsel, Workers’ Compensation Board, etc.) and request information related to the provider’s pain management treatment being rendered','To ensure compliance with all appropriate statutory provisions, be sure to copy all necessary parties to the action (claimant, claimant’s counsel, Workers’ Compensation Board, etc.) and request information related to the provider’s <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 management treatment</a> being rendered','To ensure compliance with all appropriate statutory provisions, be sure to copy all necessary parties to the action (claimant, claimant’s counsel, Workers’ Compensation Board, etc.) and request information related to the provider’s pain management treatment being rendered','To ensure compliance with all appropriate statutory provisions, be sure to copy all necessary parties to the action (claimant, claimant’s counsel, Workers’ Compensation Board, etc.) and request information related to the provider’s pain management treatment being rendered.  To this end we recommend a few paragraphs addressing:','To ensure compliance with all appropriate statutory provisions, be sure to copy all necessary parties to the action (claimant, claimant’s counsel, Workers’ Compensation Board, etc.) and request information related to the provider’s pain management treatment being rendered.',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(259,46482,46502,'costs of opioid','Finally, as reported by the CDC in 2007, the costs of opioid abuse totaled “about $55.7 billion with 46% attributable to workplace costs (i.e','Finally, as reported by the CDC in 2007, the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/11/non-acute-pain-medical-treatment-guidelines-offer-a-framework-for-controlling-costs-associated-with-chronic-pain-management-especially-opioid-use/\">costs of opioid</a> abuse totaled “about $55.7 billion with 46% attributable to workplace costs (i.e','Finally, as reported by the CDC in 2007, the costs of opioid abuse totaled “about $55.7 billion with 46% attributable to workplace costs (i.e','A July 2014 report by the CDC indicates that each day 46 people die from an overdose of prescription painkillers in the United States.[2]  Finally, as reported by the CDC in 2007, the costs of opioid abuse totaled “about $55.7 billion with 46% attributable to workplace costs (i.e. lost productivity), 45% to healthcare costs (i.e.','Finally, as reported by the CDC in 2007, the costs of opioid abuse totaled “about $55.7 billion with 46% attributable to workplace costs (i.e. lost productivity), 45% to healthcare costs (i.e. abuse treatment), and 9% to criminal justice costs.” <a href=\"#_ftn3\" name=\"_ftnref3\">[3]</a>  Even the introduction to the Non-Acute Pain Guidelines indicates that the Guidelines were drafted in response to the dramatic increase in use of opioids to treat chronic non-cancer pain.  The significant cost of opioid medications is not only borne by carriers, but also by claimants.  The medication itself is expensive, the risks of use of these medications are significant; add to that the possibility of overdose, and the personal and financial costs become immeasurable.  All of these reasons fashioned the backdrop for the implementation of the Non-Acute Pain Treatment Guideline',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(260,46482,46502,'medication or pain','When there is consideration of more than two opioids, a second opinion from a specialist who is Board-certified in addiction medication or pain medicine is strongly recommended','When there is consideration of more than two opioids, a second opinion from a specialist who is Board-certified in addiction <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/\">medication or pain</a> medicine is strongly recommended','When there is consideration of more than two opioids, a second opinion from a specialist who is Board-certified in addiction medication or pain medicine is strongly recommended','See, § F.2.c.ii.  When there is consideration of more than two opioids, a second opinion from a specialist who is Board-certified in addiction medication or pain medicine is strongly recommended.  (Practitioner’s point: there is no indication as to who is to obtain a second opinion, so arguably the carrier can schedule and demand compliance with this provision).','When there is consideration of more than two opioids, a second opinion from a specialist who is Board-certified in addiction medication or pain medicine is strongly recommended.',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(261,46482,46422,'treatment and deny any opioid medication claimant','(Practitioner’s point: A provider’s failure to submit one or both of these forms would be a proper basis to file an objection to the treatment and deny any opioid medication claimant attempts to fill per that evaluation/provider.)','(<strong>Practitioner’s point</strong>: A provider’s failure to submit one or both of these forms would be a proper basis to file an objection to 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/\">treatment and deny any opioid medication claimant</a> attempts to fill per that evaluation/provider.)','(<strong>Practitioner’s point</strong>: A provider’s failure to submit one or both of these forms would be a proper basis to file an objection to the treatment and deny any opioid medication claimant attempts to fill per that evaluation/provider.)','As these are Board-required forms, these forms should be filed with the Workers’ Compensation Board at the time the provider seeks to begin the opioid trial or continue opioid medications for a claimant being brought into compliance with the Guidelines.  (Practitioner’s point: A provider’s failure to submit one or both of these forms would be a proper basis to file an objection to the treatment and deny any opioid medication claimant attempts to fill per that evaluation/provider.)','<strong>Practitioner’s point</strong>: Failure to provide the opioid risk assessment in the medical report would be a proper basis to file an objection to the treatment and deny any opioid medication claimant attempts to fill per that evaluation/provider.',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(262,46482,46422,'claimant who has been prescribed opioid medications','Initially, all providers, whether treating a claimant who has been prescribed opioid medications for the last 20 years or treating a newly injured claimant with pain management, are required to bring claimants into compliance with the Non-Acute Pain Guidelines','Initially, all providers, whether treating a <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2017/06/board-finds-that-medical-treatment-guidelines-apply-to-out-of-state-claimants/\">claimant who has been prescribed opioid medications</a> for the last 20 years or treating a newly injured claimant with pain management, are required to bring claimants into compliance with the Non-Acute Pain Guidelines','Initially, all providers, whether treating a claimant who has been prescribed opioid medications for the last 20 years or treating a newly injured claimant with pain management, are required to bring claimants into compliance with the Non-Acute Pain Guidelines','Initially, all providers, whether treating a claimant who has been prescribed opioid medications for the last 20 years or treating a newly injured claimant with pain management, are required to bring claimants into compliance with the Non-Acute Pain Guidelines.  See, Section F.2.b, New York State Workers’ Compensation Board, New York Non-Acute Pain Medical Treatment Guidelines, First Edition, September 15, 2014.  ','Initially, all providers, whether treating a claimant who has been prescribed opioid medications for the last 20 years or treating a newly injured claimant with pain management, are required to bring claimants into compliance with the Non-Acute Pain Guidelines.  <em>See</em>, Section F.2.b, New York State Workers’ Compensation Board, New York Non-Acute Pain Medical Treatment Guidelines, First Edition, September 15, 2014.  This is important because an objection can be filed to the treatment and the continuing medications based upon the provider’s failure to comply with the Non-Acute Pain Medical Treatment Guidelines.  However, it is important to keep in mind that the Guidelines do not provide for complete cessation of opioids, but rather a transition of the claimant’s prior medication regime to one that is in compliance with the standards of the Non-Acute Guidelines.  <em>See</em>, § F.2.b.i.  As such, although you can raise issue to continued medications by filing the appropriate objection, you cannot just stop payment of these medications in the absence of a judicial order.  (<strong><em>Practitioner’s point:</em> </strong>At this point, objections can be made to the doctor’s bill for noncompliance with the Non-Acute Pain Medical Treatment Guidelines',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(263,46482,46422,'state what method of treatment','Once the provider has properly done a full evaluation, the provider should state what method of treatment the provider plans to pursue, i.e','Once the provider has properly done a full evaluation, the provider should <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/\">state what method of treatment</a> the provider plans to pursue, i.e','Once the provider has properly done a full evaluation, the provider should state what method of treatment the provider plans to pursue, i.e','Once the provider has properly done a full evaluation, the provider should state what method of treatment the provider plans to pursue, i.e. nonpharmacological, pharmacological, or surgically-implanted pain control.','Once the provider has properly done a full evaluation, the provider should state what method of treatment the provider plans to pursue, i.e. nonpharmacological, pharmacological, or surgically-implante',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(264,46482,46422,'treatment with opioid medications','As such, in the situation of a new-to-opiates claimant, there must be failed pain management alternatives attempted by the provider prior to moving to pharmacological treatment with opioid medications','As such, in the situation of a new-to-opiates claimant, there must be failed pain management alternatives attempted by the provider prior to moving to pharmacological <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/\">treatment with opioid medications</a>','As such, in the situation of a new-to-opiates claimant, there must be failed pain management alternatives attempted by the provider prior to moving to pharmacological treatment with opioid medications','As such, in the situation of a new-to-opiates claimant, there must be failed pain management alternatives attempted by the provider prior to moving to pharmacological treatment with opioid medications.  (Practitioner’s point: Failure of the provider to make such a showing, or if the claimant has not undergone appropriate alternatives, an immediate objection to the billed treatment and an objection to any attempt to fill opioid medication should be filed.)','As such, in the situation of a new-to-opiates claimant, there must be failed pain management alternatives attempted by the provider prior to moving to pharmacological treatment with opioid medications.  (<strong>Practitioner’s point</strong>: Failure of the provider to make such a showing, or if the claimant has not undergone appropriate alternatives, an immediate objection to the billed treatment and an objection to any attempt to fill opioid medication should be filed.)',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(265,46482,46422,'treatment with opioid medications','If a trial is effective, the provider can then begin the transition from trial to long-term treatment with opioid medications','If a trial is effective, the provider can then begin the transition from trial to long-term <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/\">treatment with opioid medications</a>','If a trial is effective, the provider can then begin the transition from trial to long-term treatment with opioid medications','If a trial is effective, the provider can then begin the transition from trial to long-term treatment with opioid medications.  At the time of the transition from trial to long-term use, a full reassessment/reevaluation is to be completed.  ','If a trial is effective, the provider can then begin the transition from trial to long-term treatment with opioid medications.  At the time of the transition from trial to long-term use, a full reassessment/reevaluation is to be completed.  The failure of the provider to do a reassessment/reevaluation would be a valid basis to file an objection to the treatment and raise objection to continuing and transitioning the patient from trial to long-term opioid use.  Section F.2.b.ii provides the criteria necessary for a full reevaluation, which includes but is not limited to: physical and psychological assessment; appropriate referrals based upon complications of the clinical presentation; identifying concurrent non-opioid therapies which are appropriate; a schedule for monitoring and reevaluating the opioid use; compliance with federal and state standards; and, consideration of appropriate referrals for co-morbidities.',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(266,46482,46503,'treatment and deny any opioid medication','(Practitioner’s point: A provider’s failure to submit one or both of these forms would be a proper basis to file an objection to the treatment and deny any opioid medication claimant attempts to fill per that evaluation/provider.)','(<strong>Practitioner’s point</strong>: A provider’s failure to submit one or both of these forms would be a proper basis to file an objection to 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/\">treatment and deny any opioid medication</a> claimant attempts to fill per that evaluation/provider.)','(<strong>Practitioner’s point</strong>: A provider’s failure to submit one or both of these forms would be a proper basis to file an objection to the treatment and deny any opioid medication claimant attempts to fill per that evaluation/provider.)','As these are Board-required forms, these forms should be filed with the Workers’ Compensation Board at the time the provider seeks to begin the opioid trial or continue opioid medications for a claimant being brought into compliance with the Guidelines.  (Practitioner’s point: A provider’s failure to submit one or both of these forms would be a proper basis to file an objection to the treatment and deny any opioid medication claimant attempts to fill per that evaluation/provider.)','<strong>Practitioner’s point</strong>: Failure to provide the opioid risk assessment in the medical report would be a proper basis to file an objection to the treatment and deny any opioid medication claimant attempts to fill per that evaluation/provider.',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(267,46482,46503,'treatment and the continuing medications','This is important because an objection can be filed to the treatment and the continuing medications based upon the provider’s failure to comply with the Non-Acute Pain Medical Treatment Guidelines','This is important because an objection can be filed to 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/\">treatment and the continuing medications</a> based upon the provider’s failure to comply with the Non-Acute Pain Medical Treatment Guidelines','This is important because an objection can be filed to the treatment and the continuing medications based upon the provider’s failure to comply with the Non-Acute Pain Medical Treatment Guidelines','See, Section F.2.b, New York State Workers’ Compensation Board, New York Non-Acute Pain Medical Treatment Guidelines, First Edition, September 15, 2014.  This is important because an objection can be filed to the treatment and the continuing medications based upon the provider’s failure to comply with the Non-Acute Pain Medical Treatment Guidelines.  However, it is important to keep in mind that the Guidelines do not provide for complete cessation of opioids, but rather a transition of the claimant’s prior medication regime to one that is in compliance with the standards of the Non-Acute Guidelines.  ','This is important because an objection can be filed to the treatment and the continuing medications based upon the provider’s failure to comply with the Non-Acute Pain Medical Treatment Guidelines.  However, it is important to keep in mind that the Guidelines do not provide for complete cessation of opioids, but rather a transition of the claimant’s prior medication regime to one that is in compliance with the standards of the Non-Acute Guidelines.  <em>See</em>, § F.2.b.i.  As such, although you can raise issue to continued medications by filing the appropriate objection, you cannot just stop payment of these medications in the absence of a judicial order.  (<strong><em>Practitioner’s point:</em> </strong>At this point, objections can be made to the doctor’s bill for noncompliance with the Non-Acute Pain Medical Treatment Guidelines',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(268,46482,46503,'treatment with opioid medications','As such, in the situation of a new-to-opiates claimant, there must be failed pain management alternatives attempted by the provider prior to moving to pharmacological treatment with opioid medications','As such, in the situation of a new-to-opiates claimant, there must be failed pain management alternatives attempted by the provider prior to moving to pharmacological <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/\">treatment with opioid medications</a>','As such, in the situation of a new-to-opiates claimant, there must be failed pain management alternatives attempted by the provider prior to moving to pharmacological treatment with opioid medications','As such, in the situation of a new-to-opiates claimant, there must be failed pain management alternatives attempted by the provider prior to moving to pharmacological treatment with opioid medications.  (Practitioner’s point: Failure of the provider to make such a showing, or if the claimant has not undergone appropriate alternatives, an immediate objection to the billed treatment and an objection to any attempt to fill opioid medication should be filed.)','As such, in the situation of a new-to-opiates claimant, there must be failed pain management alternatives attempted by the provider prior to moving to pharmacological treatment with opioid medications.  (<strong>Practitioner’s point</strong>: Failure of the provider to make such a showing, or if the claimant has not undergone appropriate alternatives, an immediate objection to the billed treatment and an objection to any attempt to fill opioid medication should be filed.)',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(269,46482,46503,'treatment with opioid medications','If a trial is effective, the provider can then begin the transition from trial to long-term treatment with opioid medications','If a trial is effective, the provider can then begin the transition from trial to long-term <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/\">treatment with opioid medications</a>','If a trial is effective, the provider can then begin the transition from trial to long-term treatment with opioid medications','If a trial is effective, the provider can then begin the transition from trial to long-term treatment with opioid medications.  At the time of the transition from trial to long-term use, a full reassessment/reevaluation is to be completed.  ','If a trial is effective, the provider can then begin the transition from trial to long-term treatment with opioid medications.  At the time of the transition from trial to long-term use, a full reassessment/reevaluation is to be completed.  The failure of the provider to do a reassessment/reevaluation would be a valid basis to file an objection to the treatment and raise objection to continuing and transitioning the patient from trial to long-term opioid use.  Section F.2.b.ii provides the criteria necessary for a full reevaluation, which includes but is not limited to: physical and psychological assessment; appropriate referrals based upon complications of the clinical presentation; identifying concurrent non-opioid therapies which are appropriate; a schedule for monitoring and reevaluating the opioid use; compliance with federal and state standards; and, consideration of appropriate referrals for co-morbidities.',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(270,46482,46543,'treatment and deny any opioid medication','(Practitioner’s point: A provider’s failure to submit one or both of these forms would be a proper basis to file an objection to the treatment and deny any opioid medication claimant attempts to fill per that evaluation/provider.)','(<strong>Practitioner’s point</strong>: A provider’s failure to submit one or both of these forms would be a proper basis to file an objection to the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/07/did-you-know-the-third-department-holds-that-medical-treatment-which-is-not-specifically-included-in-the-mtg-is-presumptively-not-medically-necessary/\">treatment and deny any opioid medication</a> claimant attempts to fill per that evaluation/provider.)','(<strong>Practitioner’s point</strong>: A provider’s failure to submit one or both of these forms would be a proper basis to file an objection to the treatment and deny any opioid medication claimant attempts to fill per that evaluation/provider.)','As these are Board-required forms, these forms should be filed with the Workers’ Compensation Board at the time the provider seeks to begin the opioid trial or continue opioid medications for a claimant being brought into compliance with the Guidelines.  (Practitioner’s point: A provider’s failure to submit one or both of these forms would be a proper basis to file an objection to the treatment and deny any opioid medication claimant attempts to fill per that evaluation/provider.)','<strong>Practitioner’s point</strong>: Failure to provide the opioid risk assessment in the medical report would be a proper basis to file an objection to the treatment and deny any opioid medication claimant attempts to fill per that evaluation/provider.',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(271,46482,46543,'treatment and the continuing medications','This is important because an objection can be filed to the treatment and the continuing medications based upon the provider’s failure to comply with the Non-Acute Pain Medical Treatment Guidelines','This is important because an objection can be filed to the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/07/did-you-know-the-third-department-holds-that-medical-treatment-which-is-not-specifically-included-in-the-mtg-is-presumptively-not-medically-necessary/\">treatment and the continuing medications</a> based upon the provider’s failure to comply with the Non-Acute Pain Medical Treatment Guidelines','This is important because an objection can be filed to the treatment and the continuing medications based upon the provider’s failure to comply with the Non-Acute Pain Medical Treatment Guidelines','See, Section F.2.b, New York State Workers’ Compensation Board, New York Non-Acute Pain Medical Treatment Guidelines, First Edition, September 15, 2014.  This is important because an objection can be filed to the treatment and the continuing medications based upon the provider’s failure to comply with the Non-Acute Pain Medical Treatment Guidelines.  However, it is important to keep in mind that the Guidelines do not provide for complete cessation of opioids, but rather a transition of the claimant’s prior medication regime to one that is in compliance with the standards of the Non-Acute Guidelines.  ','This is important because an objection can be filed to the treatment and the continuing medications based upon the provider’s failure to comply with the Non-Acute Pain Medical Treatment Guidelines.  However, it is important to keep in mind that the Guidelines do not provide for complete cessation of opioids, but rather a transition of the claimant’s prior medication regime to one that is in compliance with the standards of the Non-Acute Guidelines.  <em>See</em>, § F.2.b.i.  As such, although you can raise issue to continued medications by filing the appropriate objection, you cannot just stop payment of these medications in the absence of a judicial order.  (<strong><em>Practitioner’s point:</em> </strong>At this point, objections can be made to the doctor’s bill for noncompliance with the Non-Acute Pain Medical Treatment Guidelines',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(272,46482,46543,'treatment with opioid medications','As such, in the situation of a new-to-opiates claimant, there must be failed pain management alternatives attempted by the provider prior to moving to pharmacological treatment with opioid medications','As such, in the situation of a new-to-opiates claimant, there must be failed pain management alternatives attempted by the provider prior to moving to pharmacological <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/07/did-you-know-the-third-department-holds-that-medical-treatment-which-is-not-specifically-included-in-the-mtg-is-presumptively-not-medically-necessary/\">treatment with opioid medications</a>','As such, in the situation of a new-to-opiates claimant, there must be failed pain management alternatives attempted by the provider prior to moving to pharmacological treatment with opioid medications','As such, in the situation of a new-to-opiates claimant, there must be failed pain management alternatives attempted by the provider prior to moving to pharmacological treatment with opioid medications.  (Practitioner’s point: Failure of the provider to make such a showing, or if the claimant has not undergone appropriate alternatives, an immediate objection to the billed treatment and an objection to any attempt to fill opioid medication should be filed.)','As such, in the situation of a new-to-opiates claimant, there must be failed pain management alternatives attempted by the provider prior to moving to pharmacological treatment with opioid medications.  (<strong>Practitioner’s point</strong>: Failure of the provider to make such a showing, or if the claimant has not undergone appropriate alternatives, an immediate objection to the billed treatment and an objection to any attempt to fill opioid medication should be filed.)',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(273,46482,46543,'treatment with opioid medications','If a trial is effective, the provider can then begin the transition from trial to long-term treatment with opioid medications','If a trial is effective, the provider can then begin the transition from trial to long-term <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/07/did-you-know-the-third-department-holds-that-medical-treatment-which-is-not-specifically-included-in-the-mtg-is-presumptively-not-medically-necessary/\">treatment with opioid medications</a>','If a trial is effective, the provider can then begin the transition from trial to long-term treatment with opioid medications','If a trial is effective, the provider can then begin the transition from trial to long-term treatment with opioid medications.  At the time of the transition from trial to long-term use, a full reassessment/reevaluation is to be completed.  ','If a trial is effective, the provider can then begin the transition from trial to long-term treatment with opioid medications.  At the time of the transition from trial to long-term use, a full reassessment/reevaluation is to be completed.  The failure of the provider to do a reassessment/reevaluation would be a valid basis to file an objection to the treatment and raise objection to continuing and transitioning the patient from trial to long-term opioid use.  Section F.2.b.ii provides the criteria necessary for a full reevaluation, which includes but is not limited to: physical and psychological assessment; appropriate referrals based upon complications of the clinical presentation; identifying concurrent non-opioid therapies which are appropriate; a schedule for monitoring and reevaluating the opioid use; compliance with federal and state standards; and, consideration of appropriate referrals for co-morbidities.',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(274,46482,46506,'treatment and deny any opioid medication','(Practitioner’s point: A provider’s failure to submit one or both of these forms would be a proper basis to file an objection to the treatment and deny any opioid medication claimant attempts to fill per that evaluation/provider.)','(<strong>Practitioner’s point</strong>: A provider’s failure to submit one or both of these forms would be a proper basis to file an objection to 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/\">treatment and deny any opioid medication</a> claimant attempts to fill per that evaluation/provider.)','(<strong>Practitioner’s point</strong>: A provider’s failure to submit one or both of these forms would be a proper basis to file an objection to the treatment and deny any opioid medication claimant attempts to fill per that evaluation/provider.)','As these are Board-required forms, these forms should be filed with the Workers’ Compensation Board at the time the provider seeks to begin the opioid trial or continue opioid medications for a claimant being brought into compliance with the Guidelines.  (Practitioner’s point: A provider’s failure to submit one or both of these forms would be a proper basis to file an objection to the treatment and deny any opioid medication claimant attempts to fill per that evaluation/provider.)','<strong>Practitioner’s point</strong>: Failure to provide the opioid risk assessment in the medical report would be a proper basis to file an objection to the treatment and deny any opioid medication claimant attempts to fill per that evaluation/provider.',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(275,46482,46506,'treatment with opioid medications','As such, in the situation of a new-to-opiates claimant, there must be failed pain management alternatives attempted by the provider prior to moving to pharmacological treatment with opioid medications','As such, in the situation of a new-to-opiates claimant, there must be failed pain management alternatives attempted by the provider prior to moving to pharmacological <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/09/navigating-the-low-back-medical-treatment-guidelines-for-chiropractic-care/\">treatment with opioid medications</a>','As such, in the situation of a new-to-opiates claimant, there must be failed pain management alternatives attempted by the provider prior to moving to pharmacological treatment with opioid medications','As such, in the situation of a new-to-opiates claimant, there must be failed pain management alternatives attempted by the provider prior to moving to pharmacological treatment with opioid medications.  (Practitioner’s point: Failure of the provider to make such a showing, or if the claimant has not undergone appropriate alternatives, an immediate objection to the billed treatment and an objection to any attempt to fill opioid medication should be filed.)','As such, in the situation of a new-to-opiates claimant, there must be failed pain management alternatives attempted by the provider prior to moving to pharmacological treatment with opioid medications.  (<strong>Practitioner’s point</strong>: Failure of the provider to make such a showing, or if the claimant has not undergone appropriate alternatives, an immediate objection to the billed treatment and an objection to any attempt to fill opioid medication should be filed.)',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(276,46482,46506,'treatment with opioid medications','If a trial is effective, the provider can then begin the transition from trial to long-term treatment with opioid medications','If a trial is effective, the provider can then begin the transition from trial to long-term <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2014/09/navigating-the-low-back-medical-treatment-guidelines-for-chiropractic-care/\">treatment with opioid medications</a>','If a trial is effective, the provider can then begin the transition from trial to long-term treatment with opioid medications','If a trial is effective, the provider can then begin the transition from trial to long-term treatment with opioid medications.  At the time of the transition from trial to long-term use, a full reassessment/reevaluation is to be completed.  ','If a trial is effective, the provider can then begin the transition from trial to long-term treatment with opioid medications.  At the time of the transition from trial to long-term use, a full reassessment/reevaluation is to be completed.  The failure of the provider to do a reassessment/reevaluation would be a valid basis to file an objection to the treatment and raise objection to continuing and transitioning the patient from trial to long-term opioid use.  Section F.2.b.ii provides the criteria necessary for a full reevaluation, which includes but is not limited to: physical and psychological assessment; appropriate referrals based upon complications of the clinical presentation; identifying concurrent non-opioid therapies which are appropriate; a schedule for monitoring and reevaluating the opioid use; compliance with federal and state standards; and, consideration of appropriate referrals for co-morbidities.',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(277,46482,46553,'continue opioid medications for a claimant','As these are Board-required forms, these forms should be filed with the Workers’ Compensation Board at the time the provider seeks to begin the opioid trial or continue opioid medications for a claimant being brought into compliance with the Guidelines','As these are Board-required forms, these forms should be filed with the Workers’ Compensation Board at the time the provider seeks to begin the opioid trial or <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/\">continue opioid medications for a claimant</a> being brought into compliance with the Guidelines','As these are Board-required forms, these forms should be filed with the Workers’ Compensation Board at the time the provider seeks to begin the opioid trial or continue opioid medications for a claimant being brought into compliance with the Guidelines','These forms are both required documents per the Non-Acute Pain Treatment Guidelines.  As these are Board-required forms, these forms should be filed with the Workers’ Compensation Board at the time the provider seeks to begin the opioid trial or continue opioid medications for a claimant being brought into compliance with the Guidelines.  (Practitioner’s point: A provider’s failure to submit one or both of these forms would be a proper basis to file an objection to the treatment and deny any opioid medication claimant attempts to fill per that evaluation/provider.)','As these are Board-required forms, these forms should be filed with the Workers’ Compensation Board at the time the provider seeks to begin the opioid trial or continue opioid medications for a claimant being brought into compliance with the Guidelines.',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(278,46482,46553,'improvement in function','A trial lasts 30 to 60 days, at which time there is to be demonstrated sustained improvement in function and pain with the patient monitored weekly','A trial lasts 30 to 60 days, at which time there is to be demonstrated sustained <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 in function</a> and pain with the patient monitored weekly','A trial lasts 30 to 60 days, at which time there is to be demonstrated sustained improvement in function and pain with the patient monitored weekly','See, § F.2.  A trial lasts 30 to 60 days, at which time there is to be demonstrated sustained improvement in function and pain with the patient monitored weekly.  The goal is a 30% reduction in pain, return to work, an increase in activities of daily living, no significant adverse side effects, and no aberrant drug-related behaviors.  ','aimant has undergone pain management alternatives which have been unsuccessful and opioid medications are pursued, a trial is to be conducted.  <em>See,</em> § F.2.  A trial lasts 30 to 60 days, at which time there is to be demonstrated sustained improvement in function and pain with the patient monitored weekly.',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(279,46482,46541,'filed if the practitioner fails to seek','(Practitioner’s point: a denial should be filed if the practitioner fails to seek this treatment by variance.)','(<strong>Practitioner’s point</strong>: a denial should be <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/\">filed if the practitioner fails to seek</a> this treatment by variance.)','(<strong>Practitioner’s point</strong>: a denial should be filed if the practitioner fails to seek this treatment by variance.)','Per the Guidelines, buccal-delivered medications (drugs which diffuse through tissues lining the mouth and enter directly into the bloodstream) “should not be used in this population.”  (Practitioner’s point: a denial should be filed if the practitioner fails to seek this treatment by variance.)','<strong>Practitioner’s point</strong>: a denial should be filed if the practitioner fails to seek this treatment by variance.',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(280,46482,46541,'filed and the carrier','(Practitioner’s point: If the reports do not demonstrate improvement using the criteria noted above, an objection to treatment should be filed and the carrier should push for discontinuance/tapering if no improvement is demonstrated.)','(<strong><em>Practitioner’s point</em></strong>: If the reports do not demonstrate improvement using the criteria noted above, an objection to treatment should be <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/\">filed and the carrier</a> should push for discontinuance/tapering if no improvement is demonstrated.)','(<strong><em>Practitioner’s point</em></strong>: If the reports do not demonstrate improvement using the criteria noted above, an objection to treatment should be filed and the carrier should push for discontinuance/tapering if no improvement is demonstrated.)','The Guidelines further make clear that discontinuance should be done as soon as it becomes clear the patient is not responding to the treatment modality and that there is no requirement of a full 60-day trial period.  (Practitioner’s point: If the reports do not demonstrate improvement using the criteria noted above, an objection to treatment should be filed and the carrier should push for discontinuance/tapering if no improvement is demonstrated.)','<strong><em>Practitioner’s point</em></strong>: If the reports do not demonstrate improvement using the criteria noted above, an objection to treatment should be filed and the carrier should push for discontinuance/tapering if no improvement is demonstrated.',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(281,46482,46340,'medication or pain','When there is consideration of more than two opioids, a second opinion from a specialist who is Board-certified in addiction medication or pain medicine is strongly recommended','When there is consideration of more than two opioids, a second opinion from a specialist who is Board-certified in addiction <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/07/pain-is-not-enough-for-prima-facie-medical-evidence/\">medication or pain</a> medicine is strongly recommended','When there is consideration of more than two opioids, a second opinion from a specialist who is Board-certified in addiction medication or pain medicine is strongly recommended','See, § F.2.c.ii.  When there is consideration of more than two opioids, a second opinion from a specialist who is Board-certified in addiction medication or pain medicine is strongly recommended.  (Practitioner’s point: there is no indication as to who is to obtain a second opinion, so arguably the carrier can schedule and demand compliance with this provision).','When there is consideration of more than two opioids, a second opinion from a specialist who is Board-certified in addiction medication or pain medicine is strongly recommended.',0,'2022-04-04 17:00:51','2022-04-04 17:00:51'),(282,46508,46236,'case made in New York workers’ compensation law','Everyone active in New York workers’ compensation has probably seen a dozen articles on the sea change this case made in New York workers’ compensation law','Everyone active in New York workers’ compensation has probably seen a dozen articles on the sea change this <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/client-resources/case-law-updates-lomad-case-law-updates/\">case made in New York workers’ compensation law</a>','Everyone active in New York workers’ compensation has probably seen a dozen articles on the sea change this case made in New York workers’ compensation law','New York Neurologic Associates, 19 N.Y.3d 186 (2012). Everyone active in New York workers’ compensation has probably seen a dozen articles on the sea change this case made in New York workers’ compensation law. Permanent Partial Disability claimant’s lost a layer of protection against labor market attachment challenges and cases that sat paying out lifetime PPD benefits suddenly had hope, and a chance, to reign in benefits and force a claimant to produce labor market attachment proofs.','Everyone active in New York workers’ compensation has probably seen a dozen articles on the sea change this case made in New York workers’ compensation law. Permanent Partial Disability claimant’s lost a layer of protection against labor market attachment challenges and cases that sat paying out lifetime PPD benefits suddenly had hope, and a chance, to reign in benefits and force a claimant to produce labor market attachment proofs.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(283,46508,46236,'updating of awards when a PPD case','Even losing at that point, however, carrier’s and SIEs can nonetheless demand ongoing proof of attachment to justify a continuing payment order or the updating of awards when a PPD case is reopened','Even losing at that point, however, carrier’s and SIEs can nonetheless demand ongoing proof of attachment to justify a continuing payment order or the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/client-resources/case-law-updates-lomad-case-law-updates/\">updating of awards when a PPD case</a> is reopened','Even losing at that point, however, carrier’s and SIEs can nonetheless demand ongoing proof of attachment to justify a continuing payment order or the updating of awards when a PPD case is reopened','When confronted with a claim on involuntary withdrawal or involuntary retirement, carriers and self-insured employers should be prepared to challenge the claimant by demanding proof of labor market attachment in the wake of the claimant’s separation from employment and try to avoid the invocation of Zamora’s “permissible inference” about ongoing lost wages after separation. Even losing at that point, however, carrier’s and SIEs can nonetheless demand ongoing proof of attachment to justify a continuing payment order or the updating of awards when a PPD case is reopened.','Even losing at that point, however, carrier’s and SIEs can nonetheless demand ongoing proof of attachment to justify a continuing payment order or the updating of awards when a PPD case is reopened.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(284,46508,46236,'case law','Recent Board Panel case law established that a finding of involuntary withdrawal, or involuntary retirement only opens the door to post-separation indemnity benefits; and to get through that door the claimant must make a showing of attachment to the labor market in the first instance, and also as benefits continue provided that the case is reopened','Recent Board Panel <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/client-resources/case-law-updates-lomad-case-law-updates/\">case law</a> established that a finding of involuntary withdrawal, or involuntary retirement only opens the door to post-separation indemnity benefits; and to get through that door the claimant must make a showing of attachment to the labor market in the first instance, and also as benefits continue provided that the case is reopened','Recent Board Panel case law established that a finding of involuntary withdrawal, or involuntary retirement only opens the door to post-separation indemnity benefits; and to get through that door the claimant must make a showing of attachment to the labor market in the first instance, and also as benefits continue provided that the case is reopened','After a brief evolution in legal analyses, the Board confirmed that even after a finding of involuntary withdrawal, a claimant’s benefits are still subject to a challenge under American Axle provided the claim is properly before the Board. Recent Board Panel case law established that a finding of involuntary withdrawal, or involuntary retirement only opens the door to post-separation indemnity benefits; and to get through that door the claimant must make a showing of attachment to the labor market in the first instance, and also as benefits continue provided that the case is reopened. County of Nassau, 2013 NY Wrk Comp.','Recent Board Panel case law established that a finding of involuntary withdrawal, or involuntary retirement only opens the door to post-separation indemnity benefits; and to get through that door the claimant must make a showing of attachment to the labor market in the first instance, and also as benefits continue provided that the case is reopened.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(285,46508,46448,'attachment to the labor market','Recent Board Panel case law established that a finding of involuntary withdrawal, or involuntary retirement only opens the door to post-separation indemnity benefits; and to get through that door the claimant must make a showing of attachment to the labor market in the first instance, and also as benefits continue provided that the case is reopened','Recent Board Panel case law established that a finding of involuntary withdrawal, or involuntary retirement only opens the door to post-separation indemnity benefits; and to get through that door the claimant must make a showing of <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/09/labor-market-attachment-refresher/\">attachment to the labor market</a> in the first instance, and also as benefits continue provided that the case is reopened','Recent Board Panel case law established that a finding of involuntary withdrawal, or involuntary retirement only opens the door to post-separation indemnity benefits; and to get through that door the claimant must make a showing of attachment to the labor market in the first instance, and also as benefits continue provided that the case is reopened','After a brief evolution in legal analyses, the Board confirmed that even after a finding of involuntary withdrawal, a claimant’s benefits are still subject to a challenge under American Axle provided the claim is properly before the Board. Recent Board Panel case law established that a finding of involuntary withdrawal, or involuntary retirement only opens the door to post-separation indemnity benefits; and to get through that door the claimant must make a showing of attachment to the labor market in the first instance, and also as benefits continue provided that the case is reopened. County of Nassau, 2013 NY Wrk Comp.','Recent Board Panel case law established that a finding of involuntary withdrawal, or involuntary retirement only opens the door to post-separation indemnity benefits; and to get through that door the claimant must make a showing of attachment to the labor market in the first instance, and also as benefits continue provided that the case is reopened.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(286,46508,46448,'labor market attachment','When confronted with a claim on involuntary withdrawal or involuntary retirement, carriers and self-insured employers should be prepared to challenge the claimant by demanding proof of labor market attachment in the wake of the claimant’s separation from employment and try to avoid the invocation of Zamora’s “permissible inference” about ongoing lost wages after separation','When confronted with a claim on involuntary withdrawal or involuntary retirement, carriers and self-insured employers should be prepared to challenge the claimant by demanding proof of <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/09/labor-market-attachment-refresher/\">labor market attachment</a> in the wake of the claimant’s separation from employment and try to avoid the invocation of Zamora’s “permissible inference” about ongoing lost wages after separation','When confronted with a claim on involuntary withdrawal or involuntary retirement, carriers and self-insured employers should be prepared to challenge the claimant by demanding proof of labor market attachment in the wake of the claimant’s separation from employment and try to avoid the invocation of Zamora’s “permissible inference” about ongoing lost wages after separation','When confronted with a claim on involuntary withdrawal or involuntary retirement, carriers and self-insured employers should be prepared to challenge the claimant by demanding proof of labor market attachment in the wake of the claimant’s separation from employment and try to avoid the invocation of Zamora’s “permissible inference” about ongoing lost wages after separation. Even losing at that point, however, carrier’s and SIEs can nonetheless demand ongoing proof of attachment to justify a continuing payment order or the updating of awards when a PPD case is reopened.','When confronted with a claim on involuntary withdrawal or involuntary retirement, carriers and self-insured employers should be prepared to challenge the claimant by demanding proof of labor market attachment in the wake of the claimant’s separation from employment and try to avoid the invocation of Zamora’s “permissible inference” about ongoing lost wages after separation.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(287,46508,46448,'attachment to labor','the claimant’s [subsequent] loss of wages is due to her lack of demonstrated attachment to labor market.” In reciting the facts, the Board noted that:','the claimant’s [subsequent] loss of wages is due to her lack of demonstrated <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/09/labor-market-attachment-refresher/\">attachment to labor</a> market.” In reciting the facts, the Board noted that:','the claimant’s [subsequent] loss of wages is due to her lack of demonstrated attachment to labor market.” In reciting the facts, the Board noted that:','. . the claimant’s [subsequent] loss of wages is due to her lack of demonstrated attachment to labor market.” In reciting the facts, the Board noted that:','The final evolution of the Board’s assimilation of Zamorafor PPD cases is illustrated in County of Nassau, 2013 NY Wrk Comp. 20702386. In Nassau the Board held that although the record demonstrated that the claimant’s permanent partial disability “cause or contributed to her retirement . . . the claimant’s [subsequent] loss of wages is due to her lack of demonstrated attachment to labor market.” In reciting the facts, the Board noted that',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(288,46508,46448,'labor market','At the trial level, the Law Judge found that the claimant voluntarily withdrew from the labor market and closed the case','At the trial level, the Law Judge found that the claimant voluntarily withdrew from the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/09/labor-market-attachment-refresher/\">labor market</a> and closed the case','At the trial level, the Law Judge found that the claimant voluntarily withdrew from the labor market and closed the case','The claimant subsequently retired, apparently to preserve what vested retirement rights he had at the time, and turned to the workers’ compensation Board seeking a compensable retirement. At the trial level, the Law Judge found that the claimant voluntarily withdrew from the labor market and closed the case. On appeal, the Board reversed, ruling that Zamora now required claimant’s to both show that the work-related disability was the reason for separation from employment and that the claimant has found “alternate work consistent with his or her physical limitations, or at least [show] reasonable efforts at finding such work.” Id.','ation law and opened PPD claims to challenges on labor market attachment (provided you can get the case',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(289,46508,46546,'carrier did have a defense to such a claim','A carrier did have a defense to such a claim, but the standard of proof was practically unreachable in most cases','A <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 did have a defense to such a claim</a>, but the standard of proof was practically unreachable in most cases','A carrier did have a defense to such a claim, but the standard of proof was practically unreachable in most cases','A carrier did have a defense to such a claim, but the standard of proof was practically unreachable in most cases. To rebut the mandatory inference of Pittman a carrier had to produce direct and positive proof that something other than the disability was the sole cause of claimant’s reduced earning capacity after retirement.','A carrier did have a defense to such a claim, but the standard of proof was practically unreachable in most cases.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(290,46508,46546,'claim ongoing benefits after a separation from employment','Claimants can no longer rely on low standards of proof and improperly shifted burdens to claim ongoing benefits after a separation from employment simply because they are classified','Claimants can no longer rely on low standards of proof and improperly shifted burdens to <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/\">claim ongoing benefits after a separation from employment</a> simply because they are classified','Claimants can no longer rely on low standards of proof and improperly shifted burdens to claim ongoing benefits after a separation from employment simply because they are classified','Claimants can no longer rely on low standards of proof and improperly shifted burdens to claim ongoing benefits after a separation from employment simply because they are classified. When litigating involuntary withdrawal and compensable retirement claims, counsel can now force the claimant to make a higher showing at the outset and, even if initially unsuccessful, can nonetheless force a claimant to produce proof of attachment to the labor market each time the claim reopens.','Claimants can no longer rely on low standards of proof and improperly shifted burdens to claim ongoing benefits after a separation from employment simply because they are classified.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(291,46508,46546,'attachment to the labor market','Recent Board Panel case law established that a finding of involuntary withdrawal, or involuntary retirement only opens the door to post-separation indemnity benefits; and to get through that door the claimant must make a showing of attachment to the labor market in the first instance, and also as benefits continue provided that the case is reopened','Recent Board Panel case law established that a finding of involuntary withdrawal, or involuntary retirement only opens the door to post-separation indemnity benefits; and to get through that door the claimant must make a showing of <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/\">attachment to the labor market</a> in the first instance, and also as benefits continue provided that the case is reopened','Recent Board Panel case law established that a finding of involuntary withdrawal, or involuntary retirement only opens the door to post-separation indemnity benefits; and to get through that door the claimant must make a showing of attachment to the labor market in the first instance, and also as benefits continue provided that the case is reopened','After a brief evolution in legal analyses, the Board confirmed that even after a finding of involuntary withdrawal, a claimant’s benefits are still subject to a challenge under American Axle provided the claim is properly before the Board. Recent Board Panel case law established that a finding of involuntary withdrawal, or involuntary retirement only opens the door to post-separation indemnity benefits; and to get through that door the claimant must make a showing of attachment to the labor market in the first instance, and also as benefits continue provided that the case is reopened. County of Nassau, 2013 NY Wrk Comp.','Recent Board Panel case law established that a finding of involuntary withdrawal, or involuntary retirement only opens the door to post-separation indemnity benefits; and to get through that door the claimant must make a showing of attachment to the labor market in the first instance, and also as benefits continue provided that the case is reopened.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(292,46508,46546,'employment or otherwise remain attached','So while a PPD claimant might be able to shake off American Axle, an unclassified claimant gets no benefit from a finding of involuntary withdrawal and must continue to seek employment or otherwise remain attached','So while a PPD claimant might be able to shake off American Axle, an unclassified claimant gets no benefit from a finding of involuntary withdrawal and must continue to seek <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/\">employment or otherwise remain attached</a>','So while a PPD claimant might be able to shake off American Axle, an unclassified claimant gets no benefit from a finding of involuntary withdrawal and must continue to seek employment or otherwise remain attached','(internal citations omitted). So while a PPD claimant might be able to shake off American Axle, an unclassified claimant gets no benefit from a finding of involuntary withdrawal and must continue to seek employment or otherwise remain attached.','So while a PPD claimant might be able to shake off American Axle, an unclassified claimant gets no benefit from a finding of involuntary withdrawal and must continue to seek employment or otherwise remain attached.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(293,46508,46546,'attachment to labor','the claimant’s [subsequent] loss of wages is due to her lack of demonstrated attachment to labor market.” In reciting the facts, the Board noted that:','the claimant’s [subsequent] loss of wages is due to her lack of demonstrated <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/\">attachment to labor</a> market.” In reciting the facts, the Board noted that:','the claimant’s [subsequent] loss of wages is due to her lack of demonstrated attachment to labor market.” In reciting the facts, the Board noted that:','. . the claimant’s [subsequent] loss of wages is due to her lack of demonstrated attachment to labor market.” In reciting the facts, the Board noted that:','The final evolution of the Board’s assimilation of Zamorafor PPD cases is illustrated in County of Nassau, 2013 NY Wrk Comp. 20702386. In Nassau the Board held that although the record demonstrated that the claimant’s permanent partial disability “cause or contributed to her retirement . . . the claimant’s [subsequent] loss of wages is due to her lack of demonstrated attachment to labor market.” In reciting the facts, the Board noted that',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(294,46508,46546,'labor market','At the trial level, the Law Judge found that the claimant voluntarily withdrew from the labor market and closed the case','At the trial level, the Law Judge found that the claimant voluntarily withdrew from 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/\">labor market</a> and closed the case','At the trial level, the Law Judge found that the claimant voluntarily withdrew from the labor market and closed the case','The claimant subsequently retired, apparently to preserve what vested retirement rights he had at the time, and turned to the workers’ compensation Board seeking a compensable retirement. At the trial level, the Law Judge found that the claimant voluntarily withdrew from the labor market and closed the case. On appeal, the Board reversed, ruling that Zamora now required claimant’s to both show that the work-related disability was the reason for separation from employment and that the claimant has found “alternate work consistent with his or her physical limitations, or at least [show] reasonable efforts at finding such work.” Id.','ation law and opened PPD claims to challenges on labor market attachment (provided you can get the case',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(295,46508,46383,'claimant by demanding proof of labor market attachment','When confronted with a claim on involuntary withdrawal or involuntary retirement, carriers and self-insured employers should be prepared to challenge the claimant by demanding proof of labor market attachment in the wake of the claimant’s separation from employment and try to avoid the invocation of Zamora’s “permissible inference” about ongoing lost wages after separation','When confronted with a claim on involuntary withdrawal or involuntary retirement, carriers and self-insured employers should be prepared to challenge the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2019/05/amendments-to-2017-not-retroactive-if-ppd-claimant-was-not-attached-to-labor-market/\">claimant by demanding proof of labor market attachment</a> in the wake of the claimant’s separation from employment and try to avoid the invocation of Zamora’s “permissible inference” about ongoing lost wages after separation','When confronted with a claim on involuntary withdrawal or involuntary retirement, carriers and self-insured employers should be prepared to challenge the claimant by demanding proof of labor market attachment in the wake of the claimant’s separation from employment and try to avoid the invocation of Zamora’s “permissible inference” about ongoing lost wages after separation','When confronted with a claim on involuntary withdrawal or involuntary retirement, carriers and self-insured employers should be prepared to challenge the claimant by demanding proof of labor market attachment in the wake of the claimant’s separation from employment and try to avoid the invocation of Zamora’s “permissible inference” about ongoing lost wages after separation. Even losing at that point, however, carrier’s and SIEs can nonetheless demand ongoing proof of attachment to justify a continuing payment order or the updating of awards when a PPD case is reopened.','When confronted with a claim on involuntary withdrawal or involuntary retirement, carriers and self-insured employers should be prepared to challenge the claimant by demanding proof of labor market attachment in the wake of the claimant’s separation from employment and try to avoid the invocation of Zamora’s “permissible inference” about ongoing lost wages after separation.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(296,46508,46383,'claimant voluntarily withdrew from the labor market','At the trial level, the Law Judge found that the claimant voluntarily withdrew from the labor market and closed the case','At the trial level, the Law Judge found that the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2019/05/amendments-to-2017-not-retroactive-if-ppd-claimant-was-not-attached-to-labor-market/\">claimant voluntarily withdrew from the labor market</a> and closed the case','At the trial level, the Law Judge found that the claimant voluntarily withdrew from the labor market and closed the case','The claimant subsequently retired, apparently to preserve what vested retirement rights he had at the time, and turned to the workers’ compensation Board seeking a compensable retirement. At the trial level, the Law Judge found that the claimant voluntarily withdrew from the labor market and closed the case. On appeal, the Board reversed, ruling that Zamora now required claimant’s to both show that the work-related disability was the reason for separation from employment and that the claimant has found “alternate work consistent with his or her physical limitations, or at least [show] reasonable efforts at finding such work.” Id.','ater sent a letter by his employer informing him that he would be “removed from payroll” because he had missed more than one year of work. The claimant subsequently retired, apparently to preserve what vested retirement rights he had at the time, and turned to the workers’ compensation Board seeking a compensable retirement. At the trial level, the Law Judge found that the claimant voluntarily withdrew from the labor market and closed the case.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(297,46508,46383,'attachment to labor','the claimant’s [subsequent] loss of wages is due to her lack of demonstrated attachment to labor market.” In reciting the facts, the Board noted that:','the claimant’s [subsequent] loss of wages is due to her lack of demonstrated <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2019/05/amendments-to-2017-not-retroactive-if-ppd-claimant-was-not-attached-to-labor-market/\">attachment to labor</a> market.” In reciting the facts, the Board noted that:','the claimant’s [subsequent] loss of wages is due to her lack of demonstrated attachment to labor market.” In reciting the facts, the Board noted that:','. . the claimant’s [subsequent] loss of wages is due to her lack of demonstrated attachment to labor market.” In reciting the facts, the Board noted that:','The final evolution of the Board’s assimilation of Zamorafor PPD cases is illustrated in County of Nassau, 2013 NY Wrk Comp. 20702386. In Nassau the Board held that although the record demonstrated that the claimant’s permanent partial disability “cause or contributed to her retirement . . . the claimant’s [subsequent] loss of wages is due to her lack of demonstrated attachment to labor market.” In reciting the facts, the Board noted that',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(298,46508,46341,'labor market attachment','When confronted with a claim on involuntary withdrawal or involuntary retirement, carriers and self-insured employers should be prepared to challenge the claimant by demanding proof of labor market attachment in the wake of the claimant’s separation from employment and try to avoid the invocation of Zamora’s “permissible inference” about ongoing lost wages after separation','When confronted with a claim on involuntary withdrawal or involuntary retirement, carriers and self-insured employers should be prepared to challenge the claimant by demanding proof of <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/05/labor-market-attachment-and-retirement/\">labor market attachment</a> in the wake of the claimant’s separation from employment and try to avoid the invocation of Zamora’s “permissible inference” about ongoing lost wages after separation','When confronted with a claim on involuntary withdrawal or involuntary retirement, carriers and self-insured employers should be prepared to challenge the claimant by demanding proof of labor market attachment in the wake of the claimant’s separation from employment and try to avoid the invocation of Zamora’s “permissible inference” about ongoing lost wages after separation','When confronted with a claim on involuntary withdrawal or involuntary retirement, carriers and self-insured employers should be prepared to challenge the claimant by demanding proof of labor market attachment in the wake of the claimant’s separation from employment and try to avoid the invocation of Zamora’s “permissible inference” about ongoing lost wages after separation. Even losing at that point, however, carrier’s and SIEs can nonetheless demand ongoing proof of attachment to justify a continuing payment order or the updating of awards when a PPD case is reopened.','When confronted with a claim on involuntary withdrawal or involuntary retirement, carriers and self-insured employers should be prepared to challenge the claimant by demanding proof of labor market attachment in the wake of the claimant’s separation from employment and try to avoid the invocation of Zamora’s “permissible inference” about ongoing lost wages after separation.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(299,46508,46341,'attachment to labor','the claimant’s [subsequent] loss of wages is due to her lack of demonstrated attachment to labor market.” In reciting the facts, the Board noted that:','the claimant’s [subsequent] loss of wages is due to her lack of demonstrated <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/05/labor-market-attachment-and-retirement/\">attachment to labor</a> market.” In reciting the facts, the Board noted that:','the claimant’s [subsequent] loss of wages is due to her lack of demonstrated attachment to labor market.” In reciting the facts, the Board noted that:','. . the claimant’s [subsequent] loss of wages is due to her lack of demonstrated attachment to labor market.” In reciting the facts, the Board noted that:','The final evolution of the Board’s assimilation of Zamorafor PPD cases is illustrated in County of Nassau, 2013 NY Wrk Comp. 20702386. In Nassau the Board held that although the record demonstrated that the claimant’s permanent partial disability “cause or contributed to her retirement . . . the claimant’s [subsequent] loss of wages is due to her lack of demonstrated attachment to labor market.” In reciting the facts, the Board noted that',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(300,46508,46341,'labor market','At the trial level, the Law Judge found that the claimant voluntarily withdrew from the labor market and closed the case','At the trial level, the Law Judge found that the claimant voluntarily withdrew from the <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2021/05/labor-market-attachment-and-retirement/\">labor market</a> and closed the case','At the trial level, the Law Judge found that the claimant voluntarily withdrew from the labor market and closed the case','The claimant subsequently retired, apparently to preserve what vested retirement rights he had at the time, and turned to the workers’ compensation Board seeking a compensable retirement. At the trial level, the Law Judge found that the claimant voluntarily withdrew from the labor market and closed the case. On appeal, the Board reversed, ruling that Zamora now required claimant’s to both show that the work-related disability was the reason for separation from employment and that the claimant has found “alternate work consistent with his or her physical limitations, or at least [show] reasonable efforts at finding such work.” Id.','ation law and opened PPD claims to challenges on labor market attachment (provided you can get the case',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(301,46508,46420,'case is reopened','Even losing at that point, however, carrier’s and SIEs can nonetheless demand ongoing proof of attachment to justify a continuing payment order or the updating of awards when a PPD case is reopened','Even losing at that point, however, carrier’s and SIEs can nonetheless demand ongoing proof of attachment to justify a continuing payment order or the updating of awards when a PPD <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2017/10/court-of-appeals-upholds-2013-amendment-to-section-25-a-marking-the-end-for-the-fund-for-reopened-cases/\">case is reopened</a>','Even losing at that point, however, carrier’s and SIEs can nonetheless demand ongoing proof of attachment to justify a continuing payment order or the updating of awards when a PPD case is reopened','When confronted with a claim on involuntary withdrawal or involuntary retirement, carriers and self-insured employers should be prepared to challenge the claimant by demanding proof of labor market attachment in the wake of the claimant’s separation from employment and try to avoid the invocation of Zamora’s “permissible inference” about ongoing lost wages after separation. Even losing at that point, however, carrier’s and SIEs can nonetheless demand ongoing proof of attachment to justify a continuing payment order or the updating of awards when a PPD case is reopened.','even after a finding of involuntary withdrawal, a claimant’s benefits are still subject to a challenge under American Axle provided the claim is properly before the Board. Recent Board Panel case law established that a finding of involuntary withdrawal, or involuntary retirement only opens the door to post-separation indemnity benefits; and to get through that door the claimant must make a showing of attachment to the labor market in the first instance, and also as benefits continue provided that the case is reopened. County of Nassau, 2013 NY Wrk Comp. 20702386; Monroe Muffler &amp; Brake, 2013 NY Wrk. Comp. 99506849.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(302,46508,46439,'case is reopened','Even losing at that point, however, carrier’s and SIEs can nonetheless demand ongoing proof of attachment to justify a continuing payment order or the updating of awards when a PPD case is reopened','Even losing at that point, however, carrier’s and SIEs can nonetheless demand ongoing proof of attachment to justify a continuing payment order or the updating of awards when a PPD <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2016/04/reopened-cases/\">case is reopened</a>','Even losing at that point, however, carrier’s and SIEs can nonetheless demand ongoing proof of attachment to justify a continuing payment order or the updating of awards when a PPD case is reopened','When confronted with a claim on involuntary withdrawal or involuntary retirement, carriers and self-insured employers should be prepared to challenge the claimant by demanding proof of labor market attachment in the wake of the claimant’s separation from employment and try to avoid the invocation of Zamora’s “permissible inference” about ongoing lost wages after separation. Even losing at that point, however, carrier’s and SIEs can nonetheless demand ongoing proof of attachment to justify a continuing payment order or the updating of awards when a PPD case is reopened.','even after a finding of involuntary withdrawal, a claimant’s benefits are still subject to a challenge under American Axle provided the claim is properly before the Board. Recent Board Panel case law established that a finding of involuntary withdrawal, or involuntary retirement only opens the door to post-separation indemnity benefits; and to get through that door the claimant must make a showing of attachment to the labor market in the first instance, and also as benefits continue provided that the case is reopened. County of Nassau, 2013 NY Wrk Comp. 20702386; Monroe Muffler &amp; Brake, 2013 NY Wrk. Comp. 99506849.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(303,46508,46541,'case is reopened','Even losing at that point, however, carrier’s and SIEs can nonetheless demand ongoing proof of attachment to justify a continuing payment order or the updating of awards when a PPD case is reopened','Even losing at that point, however, carrier’s and SIEs can nonetheless demand ongoing proof of attachment to justify a continuing payment order or the updating of awards when a PPD <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/\">case is reopened</a>','Even losing at that point, however, carrier’s and SIEs can nonetheless demand ongoing proof of attachment to justify a continuing payment order or the updating of awards when a PPD case is reopened','When confronted with a claim on involuntary withdrawal or involuntary retirement, carriers and self-insured employers should be prepared to challenge the claimant by demanding proof of labor market attachment in the wake of the claimant’s separation from employment and try to avoid the invocation of Zamora’s “permissible inference” about ongoing lost wages after separation. Even losing at that point, however, carrier’s and SIEs can nonetheless demand ongoing proof of attachment to justify a continuing payment order or the updating of awards when a PPD case is reopened.','even after a finding of involuntary withdrawal, a claimant’s benefits are still subject to a challenge under American Axle provided the claim is properly before the Board. Recent Board Panel case law established that a finding of involuntary withdrawal, or involuntary retirement only opens the door to post-separation indemnity benefits; and to get through that door the claimant must make a showing of attachment to the labor market in the first instance, and also as benefits continue provided that the case is reopened. County of Nassau, 2013 NY Wrk Comp. 20702386; Monroe Muffler &amp; Brake, 2013 NY Wrk. Comp. 99506849.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(304,46508,46421,'workers’ compensation','Employers who can control the terms of their retirement policies and plans should seek to close out the first leg of the trifecta by including terms offsetting retirement payments or pension payments against cotemporaneous workers’ compensation awards, and requiring all employees to certify under penalty of perjury that they are not retiring due to a work-related injury before being granted a retirement or pension','Employers who can control the terms of their retirement policies and plans should seek to close out the first leg of the trifecta by including terms offsetting retirement payments or pension payments against cotemporaneous <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> awards, and requiring all employees to certify under penalty of perjury that they are not retiring due to a work-related injury before being granted a retirement or pension','Employers who can control the terms of their retirement policies and plans should seek to close out the first leg of the trifecta by including terms offsetting retirement payments or pension payments against cotemporaneous workers’ compensation awards, and requiring all employees to certify under penalty of perjury that they are not retiring due to a work-related injury before being granted a retirement or pension','Employers who can control the terms of their retirement policies and plans should seek to close out the first leg of the trifecta by including terms offsetting retirement payments or pension payments against cotemporaneous workers’ compensation awards, and requiring all employees to certify under penalty of perjury that they are not retiring due to a work-related injury before being granted a retirement or pension. Incentive retirement offers should be similarly structured and should also require a claimant’s certification for his reason to retire to act as a disincentive to a subsequent claim for a compensable retirement through the Workers’ Compensation Board.','Employers who can control the terms of their retirement policies and plans should seek to close out the first leg of the trifecta by including terms offsetting retirement payments or pension payments against cotemporaneous workers’ compensation awards, and requiring all employees to certify under penalty of perjury that they are not retiring due to a work-related injury before being granted a retirement or pension.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(305,46508,46486,'workers’ compensation','Employers who can control the terms of their retirement policies and plans should seek to close out the first leg of the trifecta by including terms offsetting retirement payments or pension payments against cotemporaneous workers’ compensation awards, and requiring all employees to certify under penalty of perjury that they are not retiring due to a work-related injury before being granted a retirement or pension','Employers who can control the terms of their retirement policies and plans should seek to close out the first leg of the trifecta by including terms offsetting retirement payments or pension payments against cotemporaneous <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2015/08/test-your-ny-workers-compensation-chops/\">workers’ compensation</a> awards, and requiring all employees to certify under penalty of perjury that they are not retiring due to a work-related injury before being granted a retirement or pension','Employers who can control the terms of their retirement policies and plans should seek to close out the first leg of the trifecta by including terms offsetting retirement payments or pension payments against cotemporaneous workers’ compensation awards, and requiring all employees to certify under penalty of perjury that they are not retiring due to a work-related injury before being granted a retirement or pension','Employers who can control the terms of their retirement policies and plans should seek to close out the first leg of the trifecta by including terms offsetting retirement payments or pension payments against cotemporaneous workers’ compensation awards, and requiring all employees to certify under penalty of perjury that they are not retiring due to a work-related injury before being granted a retirement or pension. Incentive retirement offers should be similarly structured and should also require a claimant’s certification for his reason to retire to act as a disincentive to a subsequent claim for a compensable retirement through the Workers’ Compensation Board.','Employers who can control the terms of their retirement policies and plans should seek to close out the first leg of the trifecta by including terms offsetting retirement payments or pension payments against cotemporaneous workers’ compensation awards, and requiring all employees to certify under penalty of perjury that they are not retiring due to a work-related injury before being granted a retirement or pension.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(306,46508,46511,'carrier did have a defense to such a claim','A carrier did have a defense to such a claim, but the standard of proof was practically unreachable in most cases','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/\">carrier did have a defense to such a claim</a>, but the standard of proof was practically unreachable in most cases','A carrier did have a defense to such a claim, but the standard of proof was practically unreachable in most cases','A carrier did have a defense to such a claim, but the standard of proof was practically unreachable in most cases. To rebut the mandatory inference of Pittman a carrier had to produce direct and positive proof that something other than the disability was the sole cause of claimant’s reduced earning capacity after retirement.','A carrier did have a defense to such a claim, but the standard of proof was practically unreachable in most cases.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(307,46508,46511,'claim ongoing benefits after a separation from employment','Claimants can no longer rely on low standards of proof and improperly shifted burdens to claim ongoing benefits after a separation from employment simply because they are classified','Claimants can no longer rely on low standards of proof and improperly shifted burdens to <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/\">claim ongoing benefits after a separation from employment</a> simply because they are classified','Claimants can no longer rely on low standards of proof and improperly shifted burdens to claim ongoing benefits after a separation from employment simply because they are classified','Claimants can no longer rely on low standards of proof and improperly shifted burdens to claim ongoing benefits after a separation from employment simply because they are classified. When litigating involuntary withdrawal and compensable retirement claims, counsel can now force the claimant to make a higher showing at the outset and, even if initially unsuccessful, can nonetheless force a claimant to produce proof of attachment to the labor market each time the claim reopens.','Claimants can no longer rely on low standards of proof and improperly shifted burdens to claim ongoing benefits after a separation from employment simply because they are classified.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(308,46508,46511,'employment or otherwise remain','So while a PPD claimant might be able to shake off American Axle, an unclassified claimant gets no benefit from a finding of involuntary withdrawal and must continue to seek employment or otherwise remain attached','So while a PPD claimant might be able to shake off American Axle, an unclassified claimant gets no benefit from a finding of involuntary withdrawal and must continue to seek <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/\">employment or otherwise remain</a> attached','So while a PPD claimant might be able to shake off American Axle, an unclassified claimant gets no benefit from a finding of involuntary withdrawal and must continue to seek employment or otherwise remain attached','(internal citations omitted). So while a PPD claimant might be able to shake off American Axle, an unclassified claimant gets no benefit from a finding of involuntary withdrawal and must continue to seek employment or otherwise remain attached.','So while a PPD claimant might be able to shake off American Axle, an unclassified claimant gets no benefit from a finding of involuntary withdrawal and must continue to seek employment or otherwise remain attached.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(309,46508,46504,'loss of wages','the claimant’s [subsequent] loss of wages is due to her lack of demonstrated attachment to labor market.” In reciting the facts, the Board noted that:','the claimant’s [subsequent] <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/\">loss of wages</a> is due to her lack of demonstrated attachment to labor market.” In reciting the facts, the Board noted that:','the claimant’s [subsequent] loss of wages is due to her lack of demonstrated attachment to labor market.” In reciting the facts, the Board noted that:','. . the claimant’s [subsequent] loss of wages is due to her lack of demonstrated attachment to labor market.” In reciting the facts, the Board noted that:','The final evolution of the Board’s assimilation of Zamorafor PPD cases is illustrated in County of Nassau, 2013 NY Wrk Comp. 20702386. In Nassau the Board held that although the record demonstrated that the claimant’s permanent partial disability “cause or contributed to her retirement . . . the claimant’s [subsequent] loss of wages is due to her lack of demonstrated attachment to labor market.” In reciting the facts, the Board noted that',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(310,46508,46504,'loss of earnings','While the Board Panel concurs in the WCLJ’s finding that the claimant’s cessation/separation from employment in 1995 was due at least in part to his crushed foot injury and disability, and while this means that the claimant’s separation from employment was not voluntary, this fact alone no longer compels the application of an inference that the claimant’s subsequent loss of earnings necessarily resulted from the disability','While the Board Panel concurs in the WCLJ’s finding that the claimant’s cessation/separation from employment in 1995 was due at least in part to his crushed foot injury and disability, and while this means that the claimant’s separation from employment was not voluntary, this fact alone no longer compels the application of an inference that the claimant’s subsequent <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/\">loss of earnings</a> necessarily resulted from the disability','While the Board Panel concurs in the WCLJ’s finding that the claimant’s cessation/separation from employment in 1995 was due at least in part to his crushed foot injury and disability, and while this means that the claimant’s separation from employment was not voluntary, this fact alone no longer compels the application of an inference that the claimant’s subsequent loss of earnings necessarily resulted from the disability','While the Board Panel concurs in the WCLJ’s finding that the claimant’s cessation/separation from employment in 1995 was due at least in part to his crushed foot injury and disability, and while this means that the claimant’s separation from employment was not voluntary, this fact alone no longer compels the application of an inference that the claimant’s subsequent loss of earnings necessarily resulted from the disability. That said, the Board Panel must now evaluate the record on the issue of whether the claimant has shown sufficient attachment to the labor market subsequent to his involuntary removal from the labor market in August 1995 so as to remain entitled to indemnity awards.','While the Board Panel concurs in the WCLJ’s finding that the claimant’s cessation/separation from employment in 1995 was due at least in part to his crushed foot injury and disability, and while this means that the claimant’s separation from employment was not voluntary, this fact alone no longer compels the application of an inference that the claimant’s subsequent loss of earnings necessarily resulted from the disability.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(311,46508,46504,'earning capacity','To rebut the mandatory inference of Pittman a carrier had to produce direct and positive proof that something other than the disability was the sole cause of claimant’s reduced earning capacity after retirement','To rebut the mandatory inference of Pittman a carrier had to produce direct and positive proof that something other than the disability was the sole cause of claimant’s reduced <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/\">earning capacity</a> after retirement','To rebut the mandatory inference of Pittman a carrier had to produce direct and positive proof that something other than the disability was the sole cause of claimant’s reduced earning capacity after retirement','A carrier did have a defense to such a claim, but the standard of proof was practically unreachable in most cases. To rebut the mandatory inference of Pittman a carrier had to produce direct and positive proof that something other than the disability was the sole cause of claimant’s reduced earning capacity after retirement. Pittman, 24 A.D.3d 1056, 1058.','to such a claim, but the standard of proof was practically unreachable in most cases. To rebut the mandatory inference of Pittman a carrier had to produce direct and positive proof that something other than the disability was the sole cause of claimant’s reduced earning capacity after retirement.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(312,46508,46509,'loss of wages','the claimant’s [subsequent] loss of wages is due to her lack of demonstrated attachment to labor market.” In reciting the facts, the Board noted that:','the claimant’s [subsequent] <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/11/a-blind-leap-across-an-inscrutable-chasm-arbitrary-and-capricious-loss-of-wage-earning-capacity-lwec-determinations/\">loss of wages</a> is due to her lack of demonstrated attachment to labor market.” In reciting the facts, the Board noted that:','the claimant’s [subsequent] loss of wages is due to her lack of demonstrated attachment to labor market.” In reciting the facts, the Board noted that:','. . the claimant’s [subsequent] loss of wages is due to her lack of demonstrated attachment to labor market.” In reciting the facts, the Board noted that:','The final evolution of the Board’s assimilation of Zamorafor PPD cases is illustrated in County of Nassau, 2013 NY Wrk Comp. 20702386. In Nassau the Board held that although the record demonstrated that the claimant’s permanent partial disability “cause or contributed to her retirement . . . the claimant’s [subsequent] loss of wages is due to her lack of demonstrated attachment to labor market.” In reciting the facts, the Board noted that',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(313,46508,46509,'loss of earnings','While the Board Panel concurs in the WCLJ’s finding that the claimant’s cessation/separation from employment in 1995 was due at least in part to his crushed foot injury and disability, and while this means that the claimant’s separation from employment was not voluntary, this fact alone no longer compels the application of an inference that the claimant’s subsequent loss of earnings necessarily resulted from the disability','While the Board Panel concurs in the WCLJ’s finding that the claimant’s cessation/separation from employment in 1995 was due at least in part to his crushed foot injury and disability, and while this means that the claimant’s separation from employment was not voluntary, this fact alone no longer compels the application of an inference that the claimant’s subsequent <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/11/a-blind-leap-across-an-inscrutable-chasm-arbitrary-and-capricious-loss-of-wage-earning-capacity-lwec-determinations/\">loss of earnings</a> necessarily resulted from the disability','While the Board Panel concurs in the WCLJ’s finding that the claimant’s cessation/separation from employment in 1995 was due at least in part to his crushed foot injury and disability, and while this means that the claimant’s separation from employment was not voluntary, this fact alone no longer compels the application of an inference that the claimant’s subsequent loss of earnings necessarily resulted from the disability','While the Board Panel concurs in the WCLJ’s finding that the claimant’s cessation/separation from employment in 1995 was due at least in part to his crushed foot injury and disability, and while this means that the claimant’s separation from employment was not voluntary, this fact alone no longer compels the application of an inference that the claimant’s subsequent loss of earnings necessarily resulted from the disability. That said, the Board Panel must now evaluate the record on the issue of whether the claimant has shown sufficient attachment to the labor market subsequent to his involuntary removal from the labor market in August 1995 so as to remain entitled to indemnity awards.','While the Board Panel concurs in the WCLJ’s finding that the claimant’s cessation/separation from employment in 1995 was due at least in part to his crushed foot injury and disability, and while this means that the claimant’s separation from employment was not voluntary, this fact alone no longer compels the application of an inference that the claimant’s subsequent loss of earnings necessarily resulted from the disability.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(314,46508,46509,'earning capacity','To rebut the mandatory inference of Pittman a carrier had to produce direct and positive proof that something other than the disability was the sole cause of claimant’s reduced earning capacity after retirement','To rebut the mandatory inference of Pittman a carrier had to produce direct and positive proof that something other than the disability was the sole cause of claimant’s reduced <a href=\"https://thelomad.com/getmad.today/wp-contentwww.getmad.today/blog/2013/11/a-blind-leap-across-an-inscrutable-chasm-arbitrary-and-capricious-loss-of-wage-earning-capacity-lwec-determinations/\">earning capacity</a> after retirement','To rebut the mandatory inference of Pittman a carrier had to produce direct and positive proof that something other than the disability was the sole cause of claimant’s reduced earning capacity after retirement','A carrier did have a defense to such a claim, but the standard of proof was practically unreachable in most cases. To rebut the mandatory inference of Pittman a carrier had to produce direct and positive proof that something other than the disability was the sole cause of claimant’s reduced earning capacity after retirement. Pittman, 24 A.D.3d 1056, 1058.','to such a claim, but the standard of proof was practically unreachable in most cases. To rebut the mandatory inference of Pittman a carrier had to produce direct and positive proof that something other than the disability was the sole cause of claimant’s reduced earning capacity after retirement.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(315,46508,46350,'employment due to a work','Medical treatment would begin and at some point the claimant, a treating doctor, or both, would determine that the claimant’s former work duties were unmanageable given the work injury and the claimant would “retire.” A savvy claimant’s counsel would then step into the case and raise “involuntary withdrawal” and a claimant would, in short order, appear and testify that their doctor recommended retirement, or they simply couldn’t return to their former employment due to a work injury','Medical treatment would begin and at some point the claimant, a treating doctor, or both, would determine that the claimant’s former work duties were unmanageable given the work injury and the claimant would “retire.” A savvy claimant’s counsel would then step into the case and raise “involuntary withdrawal” and a claimant would, in short order, appear and testify that their doctor recommended retirement, or they simply couldn’t return to their former <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/\">employment due to a work</a> injury','Medical treatment would begin and at some point the claimant, a treating doctor, or both, would determine that the claimant’s former work duties were unmanageable given the work injury and the claimant would “retire.” A savvy claimant’s counsel would then step into the case and raise “involuntary withdrawal” and a claimant would, in short order, appear and testify that their doctor recommended retirement, or they simply couldn’t return to their former employment due to a work injury','Usually, a claimant from a fairly large employer that provided a pension or retirement plan would be injured at work. Medical treatment would begin and at some point the claimant, a treating doctor, or both, would determine that the claimant’s former work duties were unmanageable given the work injury and the claimant would “retire.” A savvy claimant’s counsel would then step into the case and raise “involuntary withdrawal” and a claimant would, in short order, appear and testify that their doctor recommended retirement, or they simply couldn’t return to their former employment due to a work injury. Even where a claimant took an incentive-based retirement, or a regular service-based retirement, such statements were usually sufficient to satisfy the Bury standard of proof; and the Law Judge would then turn to the carrier or self-insured employer and ask them to produce proof that the claimant’s ongoing lost wages were solely due to something other than the claimant’s work injury.','Medical treatment would begin and at some point the claimant, a treating doctor, or both, would determine that the claimant’s former work duties were unmanageable given the work injury and the claimant would “retire.” A savvy claimant’s counsel would then step into the case and raise “involuntary withdrawal” and a claimant would, in short order, appear and testify that their doctor recommended retirement, or they simply couldn’t return to their former employment due to a work injury. Even where a claimant took an incentive-based retirement, or a regular service-based retirement, such statements were usually sufficient to satisfy the Bury standard of proof; and the Law Judge would then turn to the carrier or self-insured employer and ask them to produce proof that the claimant’s ongoing lost wages were solely due to something other than the claimant’s work injury.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),(316,46508,46350,'working for the employer','99506849 the Board considered a claimant, classified with a PPD in 2000, and his claim for an involuntary withdrawal back in 1995 when he stopped working for the employer of record','99506849 the Board considered a claimant, classified with a PPD in 2000, and his claim for an involuntary withdrawal back in 1995 when he stopped <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 for the employer</a> of record','99506849 the Board considered a claimant, classified with a PPD in 2000, and his claim for an involuntary withdrawal back in 1995 when he stopped working for the employer of record','Comp. 99506849 the Board considered a claimant, classified with a PPD in 2000, and his claim for an involuntary withdrawal back in 1995 when he stopped working for the employer of record. At the trial level, the Law Judge held that the claimant was involuntarily withdrawn in 1995 and that, pursuant to Zamora, was thereafter entitled to ongoing benefits without further analysis.','99506849 the Board considered a claimant, classified with a PPD in 2000, and his claim for an involuntary withdrawal back in 1995 when he stopped working for the employer of record.',0,'2022-04-04 17:00:55','2022-04-04 17:00:55'),