For many years there has been an ongoing dispute regarding how frequently an injured worker must produce evidence of ongoing disability in order to collect lost wage benefits. Clearly, the Workers’ Compensation Law requires periodic medical examinations to certify ongoing disability for claimants who have not yet been classified with a permanent disability. Having practiced […]
New York State Workers’ Compensation Limits: Lose A Toe? Get Paid 16 Weeks
The concept of schedule loss of use has been a part of the New York State Workers’ Compensation Law for decades. To highlight the inequities of the Workers’ Compensation Law I would like to discuss loss of use awards involving all toes except the great toe. Under New York State Workers’ Compensation Law, 100% loss […]
New York State Workers’ Compensation: Due Process And The Right To Cross-Examine
The concept of due process is one of the earmarks of American Jurisprudence. It is a principle requiring government to respect individual rights and allow legal proceedings to function in a fair and equitable manner. Under the New York State Workers’ Compensation Law, where a medial dispute exists due process is granted to both the […]
Schedule Awards
In New York State Workers’ Compensation cases a schedule award can mean monetary award for permanent impairment. In order to qualify for a schedule award there must be a permanent impairment involving anatomical or functional loss and treatment must have been terminated with no further improvement expected. There are certain time frames that must elapse […]
Workers’ Compensation: Does The Insurance Company Get Paid Back First?
There are two primary ways that significant one-time payments can be made from a Workers’ Compensation claim. These payments are usually made by way of Section 32 settlement or schedule loss of use award. In a Section 32 settlement, the parties negotiate a buyout of the entire claim. In extremely rare occasions, medical coverage is […]
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