Paul Giannetti Attorney at Law

November 2011

Pre-Hearing Conferences

November 30, 2011

Once the insurance carrier filed form C-7 to contest a claim, the Workers’ Compensation Board will review the medical records that have been submitted.  If they believe that the records sufficiently reference a work related condition or injury the next step is to schedule a Pre-Hearing Conference. A Pre-Hearing Conference allows the Judge to review [...]

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The next several articles will give a summary of several issues which commonly arise in controverted cases.  Hopefully, they can provide a general roadmap to claimants caught up in the litigation process before the Workers’ Compensation Board. There is no substitute for having legal counsel review, prepare, and prosecute your claim and we always recommend [...]

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The Application For Board Review

November 27, 2011

Once the litigation process is concluded and a decision has been issued by the Law Judge, both sides have a right to request a review of that decision. The Application for Board Review or Appeal, as it is commonly called, must be filed within 30 days after the decision has been issued.  Even if the [...]

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Notify Your Employer Immediately After an Injury

November 25, 2011

If you have been injured at work you should always give notice immediately and under no circumstances more than 30 days after the incident or accident.  Notice should be given in writing with a clear explanation of what occurred, when it happened, and where the incident took place.  The written notice should be provided to [...]

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Temporary Rate v. Tentative Rate: New York State Workers’ Compensation

November 21, 2011

Over the last several years, New York State Workers’ Compensation Board has been making strenuous efforts to reduce the number of hearings.  Instead they now rely on Administrative Decision and Proposed Decisions which are legal documents filed by the Workers’ Compensation Board.  These decisions often make many different critical findings regarding your claim. One such [...]

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Structured Settlements In Workers’ Compensation Cases

November 19, 2011

A structured settlement is a settlement, arranged at least in part, to make installment payments over a period of time instead of one lump sum. While structured settlements are not always a good idea, in certain circumstances they provide a stream of income guaranteed for a certain period of time. In New York State Workers’ [...]

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Reflex Sympathetic Dystrophy (RSD) In New York State Workers’ Compensation

November 17, 2011

RSD, more recently known as complex regional pain syndrome, is a painful condition caused by a malfunction of the central nervous system. In RSD cases, the effective area often has a red or glossy skin tone, in extremely painful and sensitive, often exhibiting symptoms of swelling. RSD is commonly treated in pain management clinics but [...]

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Is It Possible To Collect Workers’ Compensation And File A Lawsuit For Your Injuries?

November 15, 2011

The answer is yes but only is situations where the workers’ injury was caused by the negligence of someone other than their employer.  This “other party” is known as a third party.  The lawsuit that can be filed, in certain circumstances, is known as a third party lawsuit. In most but not all situations, any [...]

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Hearing Loss Cases Under New York State Workers’ Compensation Law

November 13, 2011

Occupational hearing loss claims can be a bit tricky under the New York State Workers’ Compensation Law.  This is because there are different time limits that can be utilized by the injured party.  A waiting period must elapse before the claim can be filed; however, the injured worker has a choice of filing 3 months [...]

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Who Is Responsible To Pay For Medical Bills After A Car Accident?

November 11, 2011

If you have been injured in a motor vehicle accident, your own No-Fault insurance should pay for your medical bills up to a certain limit. Injuries arising out of motor vehicle accidents are covered under No-Fault insurance. However, in many circumstances, the No-Fault policy becomes exhausted, in which case, other insurance policies may begin to [...]

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