All posts by Lois LLC

Defending Employers in New York, New Jersey, and Longshore.

Avoiding Preclusion of the Defense IME Report

The Defense Independent Medical Evaluation (“IME”).

The defense medical examination is critically important in defending New York workers’ compensation claims. The evaluating physicians’ report is relied upon to challenge unnecessary medical care, to present evidence of the claimant’s work ability, and to establish the degree of permanent medical impairment (if any). In New York there are specific requirements which must be followed in relation to Independent Medical Examinations (“IME”). It is critical that the carrier, the IME physician and the IME vendor meet all the requirements of Section 137 or run the risk of having the IME report precluded by the Workers’ Compensation Law Judge.

The Law on Preclusion.

New York Workers’ Compensation Law §137 and 12 NYCRR §300.2 governs IMEs. Section 137 provides eleven specific requirements. Of the eleven requirements, the following are two basic requirements that can and are easily overlooked:

  1. A copy of each report of independent medical examination shall be submitted by the practitioner on the same day and in the same manner to the board, the insurance carrier, the claimant’s attending physician or other attending practitioner, the claimant’s representative and the claimant.
  2. The claimant shall receive notice by mail of the scheduled independent medical examination at least seven business days prior to such examination. Such notice shall advise the claimant if the practitioner intends to record or video tape the examination, and shall advise the claimant of their right to video tape or otherwise record the examination. Claimants shall be advised of their right to be accompanied during the exam by an individual or individuals of their choosing.

Continue reading Avoiding Preclusion of the Defense IME Report

Post-Webinar Video: The Going-and-Coming Defense in New York

Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Click here to register. Here is the post-webinar video from our most recent presentation, “The Going and Coming Defense” from our New York webinar training series. The complete archive of prior presentations is here.

Subject: New York, Workers’ Compensation Law, Defenses
Date Presented: June 20, 2016
Presenter(s): Tashia Rasul, Esq., and Emily Flasz, Esq.
Run time: 18:58 Continue reading Post-Webinar Video: The Going-and-Coming Defense in New York

Limits to Recovery in a New York Loss Transfer Claim.

In a previous post, we discussed the process of Loss Transfer and specifically why it matters to Workers’ Compensation carriers.  In connection with the Workers’ Compensation aspect, a workers’ compensation carrier can recover up to $50,000.00 by way of arbitration in a Loss Transfer claim through the Arbitration Forums.  However, this does not mean that you can simply assert a right to $50,000.00 against another insurance company and think this is enough. Indeed, when arbitrated, liability still has to be proven as well as damages. Continue reading Limits to Recovery in a New York Loss Transfer Claim.

Introduction to Independent Medical Examinations

The purpose of an IME

The purpose of an Independent Medical Examination (“IME”) in a workers’ compensation claim is to determine the cause of injury (causal relationship) and the extent of the disability from the injury. The IME can also be utilized to determine if there is any further causally related disability, maximum medical improvement and permanency. Continue reading Introduction to Independent Medical Examinations

Post-webinar video: Common Defenses in New Jersey

Here is the post-webinar video from our most recent presentation, “Common Defenses in New Jersey” which explore some of the legal defenses available under the New Jersey Workers’ Compensation Act and case law. To join us for our monthly webinars on New York and New Jersey workers’ compensation law, Click here to register.

Subject: New Jersey, Workers’ Compensation Law, Employee-Employer, Defenses
Date Presented: May 23, 2016
Presenter(s): Joe Jones, Esq., and Michael Gervolino, Esq.
Run time: 28:47
The complete archive of prior presentations is here. Continue reading Post-webinar video: Common Defenses in New Jersey

Post-Webinar Video: Common Defenses in New York

Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Click here to register. Here is the post-webinar video from our most recent presentation, “Common Defenses” from our New York webinar training series. The complete archive of prior presentations is here.

Subject: New York, Workers’ Compensation Law, Defenses
Date Presented: May 16, 2016
Presenter(s): Steven Bedoya, Esq., and Joseph Melchionne, Esq.
Run time: 23:32 Continue reading Post-Webinar Video: Common Defenses in New York