If you have missed your New York State Workers’ Compensation Board hearing, there is a good chance that you would be able to have it rescheduled. In most instances, the presiding Law Judge will close your file for what is known as “failure to prosecute.” However, your claim can be easily re-opened if proper RFA-1 […]
Archives for April 2012
Special Social Security Rules For Claimants 55 Years Old Or Older
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 […]
What Is a Functional Capacity Evaluation?
If you are unable to work due to an accident, illness, or disability, you may be entitled to compensation and/or disability benefits. For workplace injuries and illnesses, these benefits will be provided through the New York workers’ compensation system. Otherwise, you may be able to file for Social Security disability benefits or to pursue a […]
How Does New York’s Section 25A Liability Affect My Case?
For claimants, older cases can be transferred from the liable insurance carrier to a New York 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 […]
Spoliation of Evidence In New York
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 […]