Injuries During Lunch Breaks

July 12, 2012 By Paul Giannetti

Cases involving injuries during lunch breaks or coffee breaks are almost always fact specific. This means that the specific circumstances surrounding a particular injury are what the Law Judge and Workers’ Compensation Board will focus on in determining whether such an injury or accident should be covered under the Workers’ Compensation Law in New York […]

How Long Does It Take To Get A Workers’ Compensation Hearing In New York State?

July 2, 2012 By Paul Giannetti

According to the Workers’ Compensation Board, hearings are scheduled in a timely fashion. However, in reality there can be lengthy delays between the time a hearing is requested and the date it is actual heard. We know this from 20 years of dealing with the New York State Workers’ Compensation Board. The Board supposedly prioritizes […]

New York State Workers’ Compensation Board Maximum Benefit Rate

June 29, 2012 By Paul Giannetti

The maximum weekly benefit rate in New York State Workers’ Compensation cases is $772.96 beginning on 07/01/11. The maximum rate changes on July 1st of each year based on Department of Labor statistics. In order to qualify for the maximum rate you must have an established average weekly wage of at least $1,159.44 per week. […]

Insurance Carrier Denied Surgery Request

May 8, 2012 By Paul Giannetti

Under the New York State Workers’ Compensation Board’s Medical Treatment Guidelines a physician must file form C-4AUTH if a recommended surgical procedure is not consistent with the Board’s Medical Treatment Guidelines. In the vast majority of cases, form C-4AUTH is denied by the insurance carrier. However, many times the carrier has not properly filed their […]

New York Maximum Medical Impairment in Form C-4.3

May 5, 2012 By Paul Giannetti

Form C-4.3, created by the Workers’ Compensation Board in January 2012, represents somewhat drastic changes in the way that physicians document permanent impairments in New York State Workers’ Compensation claims. The new form has been modified to accommodate the 2012 permanency guidelines. In classifiable cases, the physician must document whether or not maximum medical improvement […]