It is not uncommon for Workers’ Compensation cases to be litigated before a ruling is made by the presiding Law Judge.  The decision rendered by a Law Judge is usually a written ruling known as a Reserved Decision. It is not uncommon for Reserved Decisions to be appealed by the losing party.  When an insurance […]

Having represented injured workers exclusively for more than 12 years, the biggest regret clients have is waiting too long to contact an attorney.  Many people who have not been exposed to the system in our State assume that it will be a smooth ride but nothing could be further from the truth. Securing payment for […]

The Workers’ Compensation Board’s Medical Treatment Guidelines which went into effect on December 01, 2010 remain in effect. Unfortunately, the bill which sought to repeal the retroactive effect of the Medical Treatment Guidelines passed the House but did not make it through the Senate before they ended their session. It is possible that the Senate […]

Under the New York State Workers’ Compensation Board’s Medical Treatment Guidelines, pre-authorization is not needed for various modalities of treatment specifically referred in the Guidelines.  However, certain procedures have been enumerated under Section A.14 of the Guidelines and specifically require pre-authorization.  These procedures are listed below: Lumbar Fusion Artificial Disk Replacement Vertebroplasty Kyphoplasty Electric Bone […]

Under the New York State Workers’ Compensation Law, to be upheld upon appeal, a Law Judge’s decision needs only to be supported by “substantial evidence.” The substantial evidence threshold accounts for affirmation of the vast majority of decisions which are appealed.  These decisions are affirmed because it is difficult to show that a Judge’s decision […]