Month: July 2021

The issue of apportionment is confusing.  Many attorneys apply the wrong standard, the wrong timing, or both which can lead to a hodgepodge of contradicting decisions by Judge’s and also sometimes by the Board. One type of apportionment is “legal apportionment.” ...

There have been several cases recently where Carpal Tunnel Syndrome (“CTS”) was determined by providers as causally related to the accident of record in the file.  At first, this determination of causal relationship  seemed pretty straight forward, but a “deep dive”...

It’s well known in the Workers Compensation community that the threshold for meeting Prima Facie Medical Evidence (PFME) is extremely low. However, one argument that the Board has found to be quite compelling, is that “pain” is not an injury. There have been some past...

One fateful morning, white smoke appeared over a street in New York City following the explosion of an underground pipe insulated with asbestos, bits of which littered the scene. And where was the claimant? At home, having worked the night shift, and wouldn’t return...