Summary Regarding Changes (PDF) Highlights of the changes to the MTG include the addition of CTS Guidlines, the addition of provisions related to “Maintenance Care,” and the elimination of anterior acromioplasty and chondroplasty from the list of procedures requiring...
Month: January 2013
DID YOU KNOW? FACEBOOK PAGES ARE NOT CONSIDERED “SURVEILLANCE” THAT HAS TO BE DISCLOSED BEFORE A CLAIMANT TESTIFIES.
A good friend recently shared a Board Panel decision with me where the Board found that unlike the situation where the carrier has surveillance materials, the existence of which must be disclosed before a Claimant testifies, a carrier does not need to disclose...
DID YOU KNOW? WCL §15(3)(v) BENEFITS MAY NOW BE CAPPED UNDER WCL §15(3)(w)
WCL §15(3)(v) which permits claimants with SLUs greater than 50% for possible additional payments of compensation following exhaustion of the schedule, should be subject to the new PPD caps found in WCL §15(3)(w) because the statute indicates, among other...
WHY? Why do judge’s even set deadlines for the submission of Memoranda of Law?
I have a claim where the judge directed submission of briefs on the outstanding issues on a very complicated case including compensability and fraud, which came and went four weeks ago without a submission from Claimant’s counsel. The original date was earlier, but...
DID YOU KNOW?
CLAIMANTS WHO HAVE A 0% LWEC, LOSS OF WAGE EARNING CAPACITY, ARE ENTITLED TO 225 WEEKS OF CAPPED PPD BENEFITS. In more than one Board Panel Decision, including Wegmans, 2012 NY Wrk. Comp. 32313, G003 2313 and Great Meadow Correctional, 2012 NY Wrk. Comp. 114439, G011...