Articles Discussing New York's Workers' Compensation Law.

As a part of our Quarterly Practice Group Update, we are pleased to produce our fifth installment highlighting examples of our continued success in the area of fraud litigation. This publication began as a one-time update; however, due to the consistent success of our dedicated attorneys we are pleased to be able to continue to relay our successes.

Another Overview of Recent Decisions, Demonstrating the Board’s Continuing Attitude Toward 114-a.

WCL 114-a provides the NYS Workers’ Compensation Board with the authority to disqualify a claimant from receipt of lost time benefits, “[i]f for the purpose of obtaining compensation pursuant to section fifteen of this chapter, or for the purpose of influencing any determination regarding any such payment, a claimant knowingly makes a false statement or representation as to a material fact.” 

The New York State Workers’ Compensation Board has announced new Medical Treatment Guidelines that become effective May 2, 2022. Today’s alert includes a breakdown of the section for Complex Regional Pain Syndrome (also commonly referred to as CRPS or RSD).

The New York State Workers’ Compensation Board has announced new Medical Treatment Guidelines that become effective May 2, 2022. This alert includes a breakdown of the section for Eye Disorders.

THE NEW YORK WORKERS’ COMPENSATION BOARD AND THIRD DEPARTMENT CONTINUE TO GRAPPLE WITH THE BREADTH OF COVERAGE PROFESSIONAL EMPLOYER ORGANIZATIONS PROVIDE TO UNDERLYING EMPLOYERS.

The Centers for Medicare and Medicaid Services issued an update to their WCMSA Reference Guide on January 10, 2022, and it contained some distressing news for the workers’ compensation community.

A workers’ compensation claimant is legally entitled to collect compensation for a work-related injury and pursue a personal injury action, also known as a third-party action.

WCL 114-a provides the Workers’ Compensation Board with the authority to disqualify a claimant from receiving lost time benefits, “[i]f for the purpose of obtaining compensation pursuant to Section 15 of this chapter, or for the purpose of influencing any determination regarding any such payment, a claimant knowingly makes a false statement or representation as to a material fact.” Section 15 is specific to lost wage replacement.

THE NEW YORK STATE WORKERS COMPENSATION BOARD HAS ANNOUNCED A CHANGE IN POLICY REGARDING THE SECTION 32 AGREEMENT, EFFECTIVE DECEMBER 6, 2021

Recently, we have seen three cases in which a Workers’ Compensation Law Judge disqualified carrier medical reports for failure to adhere to 12 NYCRR 300.2(d)(4)(e), which states, in relevant part, that the doctor has to certify that they have reviewed the report, that it is a true and accurate opinion, and that no one has influenced them.

On March 7, 2020, Gov. Andrew Cuomo used his executive powers to announce Executive Order 202, placing New York under a State of Emergency based on the COVID-19 pandemic. 

In a post-2007 reform world, the percentage disability became more important for one major purpose: establishing a capped benefit system for nonscheduled awards. From a carrier perspective, this was a positive and a step in the right direction as the Board was finally placing limits on the number of weeks

On January 1, 2020, additional medical providers have been authorized to treat claimants under the New York State workers’ compensation system. Physicians, chiropractors, podiatrists, and psychologists are joined by physical therapists, occupational therapists, physician’s assistants, nurse practitioners, licensed clinical social workers, and acupuncturists as Board-authorized providers. Not all approved providers

Workers’ Compensation Law (WCL) Section 15 outlines the schedules of compensation payable to the claimant upon a determination that the claimant is disabled—permanent total, temporary total, permanent partial, and temporary partial. Specifically, WCL Section 15(3)(w) pertains to claims of permanent partial disability that are not amenable to a schedule loss