If you have a third party lawsuit stemming from a work related injury, the Workers’ Compensation Law requires that certain steps be taken before settling the lawsuit. New York State Workers’ Compensation Law Section 29 (5) required that the plaintiff (employee) secure written consent from the employer and/or Workers’ Compensation carrier before they settle the […]

Under the New York State Workers’ Compensation statute, occupational hearing loss claims can be a bit tricky. In order for a viable claim to exist, a claimant must be employed in a job causing harm noise exposure for at least 90 days. The statute requires that a claimant be removed from the harmful exposure for […]

Section 14-6 of the New York State Workers’ Compensation Law applies to injured workers who are out of work and losing wages from more than one job. In the past, the Special Funds Conservation Committee would be liable to pay the concurrent portion of any lost wages but the Workers’ Compensation Reform Package of 2007 […]

I recently received a Decision on a litigated Workers’ Compensation case finding that the claim was being disallowed because the claimant had failed to provide written and/or oral notice of her work related condition within 30 days after her injury. According to the strict letter of the law, Section 18 of the Workers’ Compensation Law […]

Before the new Medical Treatment Guidelines were instituted on 12/01/10, massage treatment for neck and back injuries was not an accepted modality of treatment and therefore not compensable.  The new Medical Treatment Guidelines makes specific reference to massage therapy for mid and low back injuries in certain circumstances. The Medical Treatment Guidelines may allow for […]