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 […]

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 […]

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 […]

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 […]

Many of my clients that are currently collecting workers’ compensation benefits become very concerned when they learn that their employer has filed for bankruptcy. Understandably, they fear that a bankrupt employer will not be able to continue paying their workers’ compensation benefits. However, there is no reason to be alarmed if your employer has filed […]