A recent trend in New York State Workers’ Compensation claims defense involves insurance carriers alleging fraud because patients allegedly misrepresent their symptoms and abilities at the time of examination. When a Workers’ Compensation claimant treats with his doctor and complains that he or she is in debilitating pain all day, everyday, and that they are not […]

Once the insurance carrier filed form C-7 to contest a claim, the Workers’ Compensation Board will review the medical records that have been submitted.  If they believe that the records sufficiently reference a work related condition or injury the next step is to schedule a Pre-Hearing Conference. A Pre-Hearing Conference allows the Judge to review […]

The next several articles will give a summary of several issues which commonly arise in controverted cases.  Hopefully, they can provide a general roadmap to claimants caught up in the litigation process before the Workers’ Compensation Board. There is no substitute for having legal counsel review, prepare, and prosecute your claim and we always recommend […]

Over the last several years, New York State Workers’ Compensation Board has been making strenuous efforts to reduce the number of hearings.  Instead they now rely on Administrative Decision and Proposed Decisions which are legal documents filed by the Workers’ Compensation Board.  These decisions often make many different critical findings regarding your claim. One such […]

A structured settlement is a settlement, arranged at least in part, to make installment payments over a period of time instead of one lump sum. While structured settlements are not always a good idea, in certain circumstances they provide a stream of income guaranteed for a certain period of time. In New York State Workers’ […]