One of the greatest things the Board ever did for carriers was include a provision in the 2018 Workers’ Compensation Guidelines for Determining Impairment (“Guidelines”) that providers need to measure range of motion of unaffected contralateral limb and use that as a...
Month: August 2021
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Surveillance, Social Media…Section 32?
In a recent claim, we obtained surveillance of a claimant performing activities well outside of their doctor’s restrictions. From there, we obtained social media sweep-reports. Of note, the carrier’s obligation to disclose surveillance materials applies not just...
Disallowance Due to Intoxication
As everyone probably knows, Workers’ Compensation Law §21(4) presumes that a work-related accident isn’t only due to an employee’s intoxication on the job, unless there is substantial evidence to the contrary. Workers’ Compensation Law §10(1) similarly says that an...