The New York State Workers’ Compensation Board has announced that in January 2012, they will institute medical guidelines to be used to determine permanent impairments and loss of wage earning capacity. This document, which is 124 pages, changes how permanently disabled claimants will be classified. The guidelines do not change the schedule loss of use […]

Beginning in January 2012, the New York State Workers’ Compensation Board will implement a new method of assessing the level of non-schedule permanent impairment.  The most common types of non-schedule type of impairments in New York involve neck and back injuries among many other types of injuries that may qualify. The new form C-4.3 requires […]

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 […]

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 […]

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 […]