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Following the Board’s decision in Matter of Longley Jones, 2012 NY Wrk Comp 60704882, which held that a claimant’s wages cannot be the sole factor for determining Loss of Wage Earning Capacity, a finding of a 0% Loss of Wage Earning Capacity seemed to be a thing of...
On December 1, 2010, 12 N.Y.C.R.R. § 324, known as the Medical Treatment Guidelines, became effective. See, 12 N.Y.C.R.R. § 324. The Medical Treatment Guidelines [hereinafter “Guidelines”] became effective on December 1, 2010. 12 N.Y.C.R.R. § 324. The Guidelines...
A Brief Summary: Zamora reshaped the landscape of New York workers’ compensation law and opened PPD claims to challenges on labor market attachment (provided you can get the case reopened). It also dramatically tightened the legal standards for claimant’s seeking an...
Please consider the following excerpt from an Application for Review recently submitted to the Board on an appeal of a LWEC finding. In this claim the claimant was able to return to work as a law enforcement officer without any reduction in earnings following cervical...
According to Board Subject #046-630, there are five mechanisms by which the issue of WCL §25-a may be raised prior to January 1, 2014: 1.) The claimant’s filing of a written application for compensation; 2.) The filing of a medical report indicating a change of...
I would really appreciate it if the members of the New York WC Forum, and visitors to this page, would request that the Board reach out to the NY Workers’ Compensation Forum as part of its plans to, ” reach out to stakeholders through several means, including...
The United States Court of Appeals for the 2nd Circuit has certified a question of law to New York’s Court of Appeals on whether a defendant may maintain an action for contribution from the owner of motor vehicle when the driver is protected by the exclusivity...
In an action filed in New York County Supreme Court on July 30, 2013, twenty workers’ compensation insurance carriers seek a declaratory judgment that the recent amendments to WCL §25-a which eliminates the Fund for Reopened Cases is unconstitutional. The plaintiffs,...
In a lengthy decision handed down by a divided court on July 18, 2013, the Third Department held that medical treatment which is not specifically included in the MTG is presumptively unnecessary and it is Claimant’s burden to overcome this presumption by proving...
It used to be nearly impossible to reopen a claim based on a defense of labor market attachment when a unemployed claimant had been classified with having a Permanent Partial Disability and entitled to ongoing benefits. Although there are still challenges in getting...
We got a win disallowing a right shoulder claim in a 01/18/2020 established claim for the upper back and neck. The claimant’s C-3, filed approximately 3 weeks later, listed the right shoulder as a claimed injury. The right shoulder MRI showed bursitis and a partial...
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%....
The claim was established for occupational disease to the bilateral hands and ankles and the claimant, a landscaper, was ultimately awarded a loss of use of 15% for the hands and 10% for the ankles. In an attempt to invoke Section 44 apportionment, the carrier on...
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’...