As of 12/01/10, use of the Medical Treatment Guidelines became mandatory for injuries to the mid and low back, knee, shoulder, and neck. The Guidelines are retroactive meaning that they apply to all cases regardless of when the accident actually occurred. The Medical Treatment Guidelines radically alter the process for an injured worker to secure […]
What Is Apportionment?
Under New York State Workers’ Compensation Law, the issue of apportionment is commonly addressed. The issue is raised when an insurance carrier attempts to limit its liability by apportioning a share of the liability for one’s disability or need for medical treatment to an earlier injury or accident. Deciding what percentage to apportion against a […]
Can the Insurance Company Reduce Your Weekly Workers’ Compensation Rate?
It is very common for an insurance company to modify the amount of a claimant’s weekly workers’ compensation check. Under the New York State Workers’ Compensation Law, the insurance carrier, unless they are under a formal direction made by a Workers’ Compensation Law Judge, must pay in accordance to the medical reports being filed. The […]
Receiving Both Workers’ Compensation and Social Security Disability Benefits
A common misconception is that someone receiving Workers’ Compensation benefits may not collect Social Security Disability benefits. This is not true. It is very common for Workers’ Compensation recipients to also receive Social Security Disability benefits or vise versa. However, there is a formula used by the Social Security Administration in order to determine the […]
Never Been to a Workers’ Compensation Hearing?
Many of my clients who have never been to a Workers’ Compensation hearing want to know what to expect. My office handles hearings in the Menands, Glens Falls, and Hudson, NY hearing points. These hearing points service the NYS Capital District Region and beyond. The Glens Falls and Hudson, NY hearing points have only one […]
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