To commence a lawsuit against a municipality in New York State the Municipal Law requires that formal notice of claim be formally served upon the defendant municipality within 90 days after the claim arises. The timeframe within which to file notice of claim is relatively short, 90 days after the accident or injury has occurred. […]
Archives for February 2011
What Is a “Variance” under the New York State Workers’ Compensation Board Medical Treatment Guidelines?
New York’s medical treatment guidelines pertain to the neck, back, shoulder, and knee injuries. In the future, it is expected that additional guidelines will be published to address other types of injuries. The medical treatment guidelines set forth a specific sequential course of treatment. If the treating physician or chiropractor follows the criteria set forth […]
What’s The Law? Updated Medical Evidence In New York State Workers’ Compensation Claims
For many years there has been an ongoing dispute regarding how frequently an injured worker must produce evidence of ongoing disability in order to collect lost wage benefits. Clearly, the Workers’ Compensation Law requires periodic medical examinations to certify ongoing disability for claimants who have not yet been classified with a permanent disability. Having practiced […]
Medicaid’s Payback Rights
In many instances, plaintiffs in personal injury matters have no insurance. In these circumstances, Medicaid often foots the bill for their medical treatment which is required as a result of their accident. What many people do not know is that Medicaid is legally entitled to be paid back from the proceeds of a personal injury […]
New York State Workers’ Compensation Limits: Lose A Toe? Get Paid 16 Weeks
The concept of schedule loss of use has been a part of the New York State Workers’ Compensation Law for decades. To highlight the inequities of the Workers’ Compensation Law I would like to discuss loss of use awards involving all toes except the great toe. Under New York State Workers’ Compensation Law, 100% loss […]