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...
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NY Workers’ Compensation Law
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...
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.
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....
Employee misclassification: 2 ways to reduce your risks
Businesses are increasingly relying on independent contractors to access a rich pool of highly skilled and agile talent. Independent contractors also save businesses money. However, despite its many benefits, one of the challenges that come with independent...
Can you defend against misclassification claims by hurt workers?
Workers' compensation coverage is not cheap to obtain, and it will likely cost more if your business has big claims against that coverage. When someone who works for your company has an injury or develops a medical condition they claim relates to their work, they...
What makes an independent contractor independent?
As an employer, you’re constantly looking for ways to diversify the talent you have working for you -- but that’s not always easy on a limited budget. Hiring an independent contractor on an as-needed basis can help. You need to tread carefully, however, to make sure...
Know these red flags of fraudulent injury claims
As a self-insured business owner, one of the primary concerns you might have is to ensure that all claims you pay for worker injuries are valid. Unfortunately, fraudulent claims are possible. It is sometimes difficult to spot fraudulent workers' compensation claims,...
What is the New York Civil Service Disability Pension?
Municipal workers in New York who have conditions that stop them from working have a few types of disability programs to consider. Some of these individuals might be eligible to receive benefits through the New York Civil Service Disability Pension. Here are the...
Misclassification of employees: A common problem
Employees are sometimes misclassified. Misclassification can cause some problems, but it tends to go unnoticed. The real question is how businesses can make such a significant mistake. Why do they misclassify employees, and what happens if they do? Employers commonly...