Maximum weekly benefit rate to increase by 5.9% effective July 1.
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Year: 2022
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 Examiner observe...
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 inability to perform his...
What are temporary and seasonal workers?
You’ve been running your company for several years now, and you have a solid core team. Nonetheless, there are always going to be staffing scenarios for which you need to be prepared. If you need to fill some gaps in your time, you may opt to utilize temporary or...
Schedule Loss of Use Rules Revised by Appellate Division
The WCB interpretation of the 2018 Impairment Guidelines limiting knee SLU awards to 7½ -10% when chondromalacia patella is present must be reconsidered.
Schedule Loss of Use Rules Revised by Court of Appeals
WCL § 15 does not mandate that a schedule loss of use award to an arm or leg must always be reduced by the percentage of a prior schedule loss of use award to a different subpart of the same body “member”.
New Medical Treatment Guidelines Effective May 2, 2022
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....
Why might you be accused of worker misclassification?
How you classify a worker matters. As many companies have found out, classification errors often come to light when a worker gets injured on the job. When they do, it can result in considerable legal problems for the company and worries for the injured worker who is...
What if a worker’s injury was not your company’s fault?
If you employ others, you probably need to carry worker’s compensation insurance. There are very few exceptions to this rule. It is no-fault insurance, so your employees can claim compensation if injured at work, even if they played some role in the accident. Even if...
Signs you should challenge an employee’s workers’ comp claim
If you only have a handful of employees who you have known for years, you could probably tell straight away if they are being dishonest in trying to claim workers’ compensation. Once your company grows, it becomes harder to be sure if your employees are telling the...
