Surgical Denials And What Can Be Done About Them

May 8, 2012

Under the New York State Workers’ Compensation Board’s Medical Treatment Guidelines a physician must file form C-4AUTH if a recommended surgical procedure is not consistent with the Board’s Medical Treatment Guidelines. In the vast majority of cases, form C-4AUTH is denied by the insurance carrier. However, many times the carrier has not properly filed their [...]

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Maximum Medical Impairment In Form C-4.3

May 5, 2012

Form C-4.3, created by the Workers’ Compensation Board in January 2012, represents somewhat drastic changes in the way that physicians document permanent impairments in New York State Workers’ Compensation claims. The new form has been modified to accommodate the 2012 permanency guidelines. In classifiable cases the physician must document whether or not maximum medical improvement [...]

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Menands, New York Workers’ Compensation Hearing

May 3, 2012

If you have received a notice to attend a Workers’ Compensation hearing in New York State it is important to take action. There are many reasons that the Workers’ Compensation Board has scheduled a hearing. They can involve suspension of benefits, permanency awards, or disputes regarding your medical care. If you are not sure why [...]

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Lumbar Fusion In New York State Workers’ Compensation Cases

May 1, 2012

Before the implementation of the Medical Treatment Guidelines, patients in New York State Workers’ Compensation cases were often afforded lumbar fusion surgery. However, since the Guidelines became effective, it is much more difficult to get lumbar fusion surgery approved. Under A.14 a lumbar fusion is listed as one of the specific medical procedures requiring pre-authorization. [...]

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Do Not Settle Your Case Without Consulting An Attorney

April 29, 2012

Insurance adjusters love unrepresented claimants. This is because they know more than you do. They may lead you to believe that your case is worthless and offer you a nuisance value settlement. You should never accept their first offer. In many cases, the injuries are not severe enough to warrant a significant settlement. However, you [...]

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What Will I Be Asked At My Workers’ Compensation Hearing?

April 28, 2012

Having practiced Workers’ Compensation Law for 20 years, one of the most common questions a client will ask me once they receive a notice to appear at a hearing is whether or not they will have to talk. The answer to that question depends on why the hearing has been scheduled. Obviously, an unrepresented claimant [...]

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Special Social Security Rules For Claimants 55 Years Old Or Older

April 25, 2012

If you are 55 years old or older and have been denied Social Security Disability benefits, there is a good chance that you may win your case on appeal. This is because special rules apply to claimant’s 55 years old and older. If you are unable to perform the type of work that you have [...]

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How Does Section 25A Liability Affect My Case?

April 21, 2012

For claimants, older cases can be transferred from the liable insurance carrier to a State agency known as the Special Funds Conservation Committee. Section 25A of the Workers’ Compensation Law outlines which cases may be transferred and under what circumstances this may occur. Many times a claimant will receive a notice for a hearing many [...]

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Spoliation of Evidence In New York

April 20, 2012

Spoliation is the destruction of evidence so that it will not be available to a person during a lawsuit. Spoliation is most common in medical malpractice cases because in these cases the evidence that is most useful to the patient is in the possession of the doctor, that is a patient who wants to sue [...]

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Social Security Tip: Provide Specific Information To Your Doctors

April 19, 2012

In most Social Security claims, the crucial issue in granting or denying benefits involves how severally your medical or psychological conditions affect your ability to function in a work place. In our opinion, the best way to secure specific information regarding exactly how you have been affected by your disability is to have your doctor [...]

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