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What Is a Functional Capacity Evaluation?

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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 […]

Spoliation of Evidence In New York

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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 […]

New York State Workers’ Compensation: Don’t Forget Or You May Be Labeled A Criminal

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During the course of a New York State Workers’ Compensation claim, claimants are often asked to complete questionnaire forms and give sworn testimony at hearings. Answering simple questions seems harmless, but in fact, it’s not. The Workers’ Compensation insurance company and Law Judge can, and have, turned a less than perfect memory into a criminal […]

Is Rhizotomy Covered Under The New York State Workers’ Compensation Board’s Medical Treatment Guidelines?

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A Rhizotomy procedure is covered under the New York State Workers’ Compensation Board’s Medical Treatment Guidelines.  Section D.11 is the pertinent section and recommends this treatment as “a last resort” in patients with chronic back pain. If a patient has received relief from a facet joint injection, a Rhizotomy may be indicated. Because this procedure […]