Paul Giannetti Attorney at Law

April 2012

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 [...]

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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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How Long Will My Workers’ Compensation Hearing Take?

April 27, 2012

New York State Workers’ Compensation hearings generally do not take a long time. Unless a hearing is scheduled for extensive testimony or complicated issues, a hearing will generally take between five and twenty minutes. Unfortunately, hearings are rarely called at the scheduled time. It is not uncommon for claimant’s to wait for over an hour [...]

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What Will Happen At My Workers’ Compensation Hearing?

April 26, 2012

The list of possible legal issues that may be addressed at a New York State Workers’ Compensation hearing are far too long to list here. However, your notice of hearing should provide an idea as to why the hearing has been scheduled. In order to accurately determine what can be expected at your hearing, a [...]

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New York’s Medical Treatment Guidelines: A Failed Experiment

April 25, 2012

According to the New York Workers’ Compensation Alliance Law Blog, it is estimated that the implications of the Workers’ Compensation Board Medical Treatment Guidelines, that have been intacked for over a year, costs employer’s $60 million per year. The blog goes on to state that payment for the requested medical procedure, which are adjudicated under [...]

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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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What Is A Functional Capacity Evaluation?

April 24, 2012

A functional capacity evaluation is a physical assessment of one’s abilities to perform certain specific tasks. A functional capacity evaluation, also known as an FCE, is designed to give doctors, lawyers, and Judges a quantitative measurement of a person’s ability to do physical activities. In turn, this information has a direct a bearing on one’s [...]

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Understand Your Legal Rights And Responsibilities

April 22, 2012

After a car accident you have many things to take care of; car repairs, no-fault application, not to mention securing needed medical treatment and recovering from your injury. Are you entitled to disability benefits or even Workers’ Compensation? There comes a point in time when the seriously injured may realize that they need help with [...]

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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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