NY Allows Employer to…

NY Allows Employer to Utilize a Preferred Provider Organization (PPO) for the First 30 Days of Treatment In NY either the carrier or self-insured employer may contract with a PPO and care is limited to the PPO for treatment within the first 30 days. The employer...

An Employee Cannot be…

FULL BOARD HOLDS THAT AN EMPLOYEE CANNOT BE CONSIDERED A SIX-DAY WORKER MERELY BECAUSE HE HAS WORKED MORE THAN 270 DAYS In a recent Mandatory Full Board Appeal filed by the Law Offices of Melissa A. Day, PLLC, the Board held that when deciding a claimant’s average...

Vocational and Functional…

WHEN DOES VOCATIONAL AND FUNCTIONAL CONSIDERATIONS, SUCH AS A CLAIMANT’S AGE, EDUCATION, TRAINING, EXPERIENCE, ETC. HAVE AN INFLUENCE ON A CLAIMANT’S BENEFITS? In Matter of Canales the claimant argued that her vocational factors should have been considered in...

Labor Market Attachment Refresher

To demonstrate attachment to the labor market, a Claimant must submit evidence consistent with the requirements laid out in American Axle, 2010 WL 438153, 2010 NY Wrk. Comp. LEXIS 2560, WCB # 8030 3659 that he is: Actively seeking work within her restrictions that is...

Summer is Almost Over!

Seasonal Employees Back to Work – Or Not : Part 2 on Calculating AWW Welcome to the second installment of our serial blog on the issue of Average Weekly Wages!  When we last left our intrepid hero, he had plummeted to his apparent death in the Reichenbach Falls...

Claims Handling Performance

COMPLIANCE MONITORING, AKA “CLAIMS HANDLING PERFORMANCE” – THE BOARD IS WATCHING YOU PART I The board has created a new Monitoring Unit with a stated mission of promoting excellence and claims handling practices and to provide system participants in the general public...

Answers to the Quiz

Test Your NY Workers’ Compensation Chops As promised, here are the answers to the quiz posted last week.  How did you do?  Do you have M.A.D. skills? 1.  What is the Special Funds WCL § 15(8)(d) reimbursement form and what are the time frames for seeking reimbursement...

Average Wages?

Average Wages?  Cost-Containment by Controlling the Fundamentals This posting began with the goal of presenting a simple primer on calculating average weekly wages.  We spend a great deal of time looking for cost-containment and mitigation measures in every claim that...

Non-Acute Pain Treatment Guidelines

WE NOW HAVE THE NON-ACUTE PAIN TREATMENT GUIDELINES BUT WHAT DOES THAT MEAN? You may be asking, why would the implementation of the Non-Acute Pain Treatment Guidelines even matter?  Why would you want to ensure a pain management treatment provider comes into...
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