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Schedule Loss of Use Rules Revised by Appellate Division
In Blue v. New York State Office of Children and Family Services [___A.D.3d___, 2022 NY Slip Op 03565 (2022)], the Appellate Division, Third Department, rejected the WCB interpretation of its own 2018 permanency impairment guidelines and sent the...
Legislature votes to redefine temporary total disability, potentially creating major problems for carriers
The New York State Assembly and Senate have passed Assembly Bill A1118, which could potentially have major consequences for Workers’ Compensation carriers statewide. The bill redefines a temporary total disability as: “the injured employee’s...
Symptom Magnification in SLU Claims
It is well known to Workers’ Compensation Defense Counsel that symptom magnification occurs frequently in Schedule Loss of Use claims. Major examination range of motion discrepancies are frequent. When an attending physician or Independent Medical...
