Under the New York State Workers’ Compensation Law, an injured worker who is able to perform restricted work activities should not refuse any job that fits those restrictions. Refusing such work can, and usually, will lead to a suspension of lost wage benefits by the insurance carrier. A more complicated issues arises when the insurance […]
Archives for December 2011
Work Related Hip Replacement
Work related hip injuries can be caused by a traumatic event or repetitive activities. Many such injuries or conditions ultimately require total hip replacement surgery. Total hip replacement is an extensive procedure usually resulting in many months lost time for recovery. Additionally, a significant mobility deficit almost always results. The Workers’ Compensation Board Medical Guidelines […]
Permanent Facial Scars and Disfigurements
Workers’ Compensation Law Section 15 allows for a monetary award for a permanent facial scar or disfigurement above the neck or extending partially onto the neck area. A medical report indicating that the scar is permanent must be produced before the case is ready for a formal award. Unfortunately, the maximum award for facial disfigurement […]
New York State Workers’ Compensation Law: Proving Causation Issues
One of the most common defenses by insurance companies in New York State Workers’ Compensation cases involves issues of causal relationship. In order for medical treatment or lost wage claims to be valid, it must be shown that there is a causal connection to a work related injury. Issues of causation are often resolved through […]
Be Honest With Your Physicians
A recent trend in New York State Workers’ Compensation claims defense involves insurance carriers alleging fraud because patients allegedly misrepresent their symptoms and abilities at the time of examination. When a Workers’ Compensation claimant treats with his doctor and complains that he or she is in debilitating pain all day, everyday, and that they are not […]