What is known as “attachment to the labor market” has been a hot topic in the New York State Workers’ Compensation Law for several years. This is because insurance carriers have attempted to use this defense to suspend benefits in a large number of cases. In several instances, the employer will offer a light duty […]
New York State Workers’ Compensation Law: Warning To Upstate NY Doctors
Many new and tedious rules have come with the application of the new Medical Treatment Guidelines. While the purpose of the Guidelines was allegedly to expedite necessary medical care, it has been my experience thus far that the Guidelines are being applied with very clear intention on the part of the Workers’ Compensation Board to […]
Bypass The Special Fund With WAMO
In older cases, the Special Funds Conservation Committee may become liable to reimburse your Workers’ Compensation insurance carrier for payments made to you. While this does not directly effect the claimant’s entitlement to benefits, Special Funds involvement will usually dramatically slow down the settlement process. In certain cases, the Waive Agreement Management Office (WAMO) can […]
Employee or Independent Contractor?
One of the criteria needed to be successful with your Workers’ Compensation claim is a finding of an employer-employee relationship. While is seems obvious that you must be an employee, injured at work, to collect Workers’ Compensation payments there are many instances where it is not that clear cut. The simple fact that someone is […]
Video Surveillance: Are You Being Watched?
In both personal injury and Workers’ Compensation cases, video surveillance has become a common strategy for insurance carriers and defense lawyers. Millions of dollars are spent on private investigators whose job it is to attempt to secure video footage that will help the insurance company defend their position. The purpose of hiring undercover investigators is […]
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