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.”
Articles Discussing New York's Workers' Compensation Law.
Taking the Pain Out of the Complex Regional Pain Syndrome Medical Treatment Guidelines from the NY Workers’ Compensation Board
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).
Keeping an Eye on the New Eye Disorder Medical Treatment Guidelines from the NY Workers’ Compensation Board
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.
Professional Employer Organizations See Win from NY Appellate Court in Unleased Employee Matter
THE NEW YORK WORKERS’ COMPENSATION BOARD AND THIRD DEPARTMENT CONTINUE TO GRAPPLE WITH THE BREADTH OF COVERAGE PROFESSIONAL EMPLOYER ORGANIZATIONS PROVIDE TO UNDERLYING EMPLOYERS.
CMS Updates WCMSA Reference Guide, Says No to Non-Submit MSAs
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 Closer Look at Third-Party Actions and Disallowance of Indemnity Benefits Under Workers’ Compensation Law Section 29
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.
Fraud Still Doesn’t Pay in New York—An Update
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.
NYS Workers’ Compensation Board to Scrutinize General Releases Attendant to Section 32 Agreements
THE NEW YORK STATE WORKERS COMPENSATION BOARD HAS ANNOUNCED A CHANGE IN POLICY REGARDING THE SECTION 32 AGREEMENT, EFFECTIVE DECEMBER 6, 2021
Workers’ Compensation Judges Paying Close Attention to Certification on Carrier Medical Reports
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.
NYS Workers’ Compensation Board Responds to End of COVID-19 State of Emergency and Prepares for Labor Market Attachment
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.
Redefining Total Disability: How to Approach Nonschedule Claims After Jacobi
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
Practice Tips and Tactics Involving Additional Providers in New York
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
Giving 110 Percent: Apportionment in Classification Claims
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
Obtaining and Maintaining Proper Working Papers – It’s No Minor Task
Prior to hiring a minor (an employee who is under the age of 18), an employer has an obligation to obtain the minor’s employment certificate or permit issued in accordance with the education law (commonly referred to as “working papers”). Prior to the minor starting work, the employer must file
Medication and Transportation (M&T) Reimbursement in New York: A Primer
New York Workers’ Compensation Law (WCL) dictates that an injured worker is entitled to reimbursement for certain expenses relating to an established compensable claim. WCL Section 13(a) provides that an employer is obligated to provide an injured employee with such medical, surgical, or other attendance or treatment as the nature
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