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Average Wages? Cost-Containment by Controlling the Fundamentals This posting began with the goal of presenting a simple primer on calculating average weekly wages. We spend a great deal of time looking for cost-containment and mitigation measures in every claim that...
WE NOW HAVE THE NON-ACUTE PAIN TREATMENT GUIDELINES BUT WHAT DOES THAT MEAN? You may be asking, why would the implementation of the Non-Acute Pain Treatment Guidelines even matter? Why would you want to ensure a pain management treatment provider comes into...
Here is a quiz to test your NY Workers’ Compensation knowledge. Do you have MAD skills? Answers will be published as a separate post in one week. To obtain an answer key immediately, contact mday@getMAD.today. What is the Special Funds WCL § 15(8)(d) reimbursement...
WCL §13-f only permits treatment of workers compensation claimants by physicians or other qualified individuals authorized by the statute. WCL §13-m(2)(a) identifies individuals who are considered qualified to provide psychological care to injured workers and limits...
A work-related injury that prevents a claimant from working could qualify the claimant for awards at the temporary total disability (TTD) rate. The claimant’s treating provider is expected to establish if the claimant is temporary totally disabled and should express...
For this week’s blog post, I decided to pull a case from the archives in honor of our Day of Independence. In honor of the upcoming holiday, and in hopes that it will be a guiding principle throughout your Fourth of July events and the year to come, we review the...
IMEs are vital in the defense of most workers’ compensation claims, and the legislature and Board has spent a great deal of effort to ensure their impartiality and uniformity; at least for timely service on all the parties. A lesser known aspect of both the Workers’...
New York State Workers’ Compensation Board’s Regulatory Agenda May Include Significant Changes to Limit an Employer’s Right to Cross-Examination. Almost two weeks ago I published a copy of the Board’s Regulatory Agenda on my group, New York Workers’ Compensation...
WCL Section 52 (1)(D) states that: If at any time an employer intentionally and materially understates or conceals payroll, or intentionally and materially misrepresents or conceals employee duties so as to avoid proper classification for calculation of premium paid...
Occupational Hearing Loss claims are hard to defend. To prove injurious exposure to workplace noise, the standard of proof can be as low as a claimant’s testimony that his or her workplace was “loud.” Even where the employer has an extensive hearing conservation...
In a case was established for the right knee, the claimant ultimately underwent right total knee replacement surgery. At a hearing, various awards were made, credit to New York State, and a $3,500 attorney fee was awarded, to be taken out of the reimbursement to the...
In a contentious hearing, LOMAD prevailed proving that a claimant voluntarily retired, effectively removing herself from the labor market and the claimant’s subsequent part-time job did not support any claim for reduced earnings. The claimant, who worked at a...
This was a controverted claim for chemical exposure for an accident which occurred in 2019. The claimant was working as a bus driver and alleged that she was exposed to fuel additives somehow coming out of the heating vents, and that she has been subject to repeat...
Workers’ Compensation Law § 18 provides that the claimant must give written notice of an injury to his employer within 30 days of the accident. However, the statute further provides that the failure to give timely written notice may be excused by the Board if it finds...