New York State Workers’ Compensation Board Medical Treatment Guidelines became effective in December 2010.  The Guidelines pertain to injuries involving the neck, back, shoulder, and knee.  More recently treatment guidelines for carpal tunnel syndrome have been published. Additionally, non-acute pain guidelines and updated versions of the other five medical treatment guidelines went into effect for treatments […]

In the vast majority of Section 32 settlements, the insurance carrier requires that in return for the settlement payment the claimant give up all rights to future lost wage claims along with medical benefits.  The insurance carrier, when settling your case, wants to insure that their liability has ended and that no further expense will […]

Under the New York State Workers’ Compensation Law, volunteer firefighters injured in the course of their firematic duties are eligible for lost wage/workers’ compensation benefits.  The proper form to file following an injury which occurred during the course of volunteer firefighters activities is known as a VF-3.  This form requests information regarding the fact and […]

The New York State Workers’ Compensation Law allows any party to request a Workers’ Compensation Board Review of a Law Judge’s decision.  This process is initiated by the filing of an Application for Board Review, form RB-89. The party requesting review, also commonly called an appeal, has 30 days from the filing date of the […]

Under the New York State Workers’ Compensation Law, an injured worker cannot benefit from unreasonable refusing a mode of medical treatment.  This does not mean that if a doctor recommends a certain course of treatment, that an injured worker must go forward with that specific treatment. However, the appellate division case of Wilkins v. NY […]