by dana1 | Dec 21, 2023 | Uncategorized
The WCB has published new Medical Treatment Guidelines for Post-Traumatic Stress Disorder and Acute Stress Disorder and Work-Related Depression and Depressive Disorders. These Guidelines include maximum duration limits for behavioral and psychological intervention....
by dana1 | Dec 21, 2023 | Uncategorized
Workers’ Compensation Law § 15 (3) provides a schedule of permanent disability applicable to limbs, including arms and legs. Arms and legs are unique because each of those limbs has two constituent joints. Arm schedules are awarded for permanent injuries to elbows and...
by dana1 | Dec 21, 2023 | Uncategorized
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 case back to the WCB...
by dana1 | Dec 21, 2023 | Uncategorized
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 inability to perform his...
by dana1 | Dec 21, 2023 | Uncategorized
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 Examiner observe...
by dana1 | Dec 21, 2023 | Uncategorized
Effective July 1, 2022, the maximum weekly benefit rate will increase by 5.9% to $1,125.46. The maximum rate is revised annually based on the NYS Average Weekly Wage for the previous year. The NYS Labor Department reports the prior year NYS AWW at the end of March....
