An “Interesting” IME Development

We recently handled a claim in which we were attempting to get a finding of 50% degree of disability with regard to temporary rates in the record. Our IME had given an opinion of 50% based on her examination, but the treating physician had consistently opined 100%.   We deposed the treating provider, who testified that… Read More

When Do Work From Home Accidents Occur in the Scope and Course of Employment?

As we approach the one-year anniversary of the beginning of the COVID-19 pandemic, many employers still require their employees to work from home. However, most employers likely do not realize the implications this responsible decision can have on potential workers’ compensation claims. On October 22, 2020, the Third Department overturned the Workers’ Compensation Board’s decision… Read More

Genduso and Total Joint Replacement Schedules

By now, we’re all well aware that Matter of Genduso v, New York City Dept. of Edu., 164 A.D.3d 1509 (3d Dept. 2018), affirmed the principle that schedule awards are not given for particular injuries, but rather “for the residual physical and functional impairments”. Matter of Empara v. New Rochelle Sch. Dist., 130 A.D.3d 1127,… Read More