The issue for resolution concerned the schedule loss of use of the right leg. The treating physician reported a 45% schedule loss, while the IME reported a 35% schedule loss. The claimant refused to compromise and the matter was litigated. In a Reserved Decision, the Judge found the opinion of the carrier’s consultant to be… Read More
One of the greatest things the Board ever did for carriers was include a provision in the 2018 Workers’ Compensation Guidelines for Determining Impairment (“Guidelines”) that providers need to measure range of motion of unaffected contralateral limb and use that as a baseline, if appropriate. Section 1.3 of the Guidelines state that using the contralateral… Read More
In a recent claim, we obtained surveillance of a claimant performing activities well outside of their doctor’s restrictions. From there, we obtained social media sweep-reports. Of note, the carrier’s obligation to disclose surveillance materials applies not just before the carrier’s questioning of the claimant, but also prior to when the carrier prompts the WCLJ’s questioning… Read More
As everyone probably knows, Workers’ Compensation Law §21(4) presumes that a work-related accident isn’t only due to an employee’s intoxication on the job, unless there is substantial evidence to the contrary. Workers’ Compensation Law §10(1) similarly says that an employer must compensate employees for a work-related injury regardless of fault unless the injury was solely… Read More
The issue of apportionment is confusing. Many attorneys apply the wrong standard, the wrong timing, or both which can lead to a hodgepodge of contradicting decisions by Judge’s and also sometimes by the Board. One type of apportionment is “legal apportionment.” Legal apportionment is a principle that may apply when the claimant has a preexisting… Read More