Category Archives: Events

New York Workers’ Compensation Board Proposes a “Second Draft” of the 2018 Impairment Guidelines – and these are Not Favorable to Employers and Carriers.

The day before Thanksgiving the Board released new proposed Guidelines – and these are not great for employers. But wait, what about the draft Guidelines that were issued in September and we were so excited for? Those Guidelines, widely viewed as favorable to carrier and employers as they appeared designed to curtail the worst abuses of the current impairment determination guidelines, have been scrapped.

The new proposed Guidelines are here. When you check them out it will be clear that the old “range of motion” system that the Board was supposed to scrap and start over from has returned. The whole point of the April 2017 statutory reform was that the Board had to adopt updated Scheduled Loss of Use guidelines that reflected “medical advances” (i.e., better outcomes for basic injuries) and were supposed to address the fact that employees with minor injuries, with little or no impact on their working ability, were collecting giant SLU awards, often with only a few days of lost time (which goes to show that there really wasn’t any impact on their working ability). Instead, the Board has caved into pressure from union and “pro-worker” groups (read: trial attorneys representing workers and collecting fat fees) and issued new Guidelines that are bad for businesses and carriers.

Why is this a big deal?

The Board must adopt new Guidelines for Determining Impairment in Schedule Loss of Use cases (think fingers, hands, wrists, elbows, shoulders, knees, ankles, feet, toes) which will take effect on January 2, 2018. The first proposed impairment guidelines were a departure from the prior practice before the Board – in a good way! The initial draft was favorable to employers in that the most frustrating and unfair cases – where the claimant loses minimal time from work for a Schedule Loss of Use Injury (meaning, a minor injury) would result in giant Scheduled Loss of Use awards based on range of motion testing. In those cases, where there was neglible (if any) impact on the claimant’s working ability, it is patently unfair that the employer must pay large Schedule Loss of Use awards based on turn of the century medical guidelines that don’t reflect anything more than subjective range of motion tests. These latest draft guidelines bring back that old range of motion system.

What can we do about it?

The proposed Guidelines are now in “comment period.” Comments can be made here. The Board was clearly persuaded by the flood of comments from the unions and trial attorneys – we are recommending that our clients review the “new” Guidelines and make comments urging the Board to adopt the first proposed impairment guideline.

Training on the New Guidelines.

We will be running training on the new Guidelines, in whatever form they take, on January 8, 2017 in multiple sessions. Register here:
Register for 12PM EST January 8 – New Guidelines Training
Register for 3PM EST January 8 – New Guidelines Training

Both webinars are LIVE and Questions-and-Answer sessions will be held.

Video: New York Workers’ Compensation Law Changes

The New York Workers’ Compensation Law was changed on April 10, 2017. Lois LLC held a webinar for clients and guests on how the statutory changes will affect employers, carriers, and self insureds in New York.

Subject: New York, Workers’ Compensation Law, Reforms
Date Presented: April 12, 2017
Presenter(s): Greg Lois, Esq.
Run time: 45:09 Continue reading Video: New York Workers’ Compensation Law Changes

New Budget Contains Workers’ Compensation Reforms in New York

Last night New York’s State Senate passed the Budget and associated bills. Senate Bill S2009C contains many changes to the New York Workers’ Compensation Law.

Good for employers and carriers:

  1. Temporary disability benefits are limited to 2.5 years, after which payments of temp are credited to permanency. Source: Part NNN, Subpart A. (Of course, this is subject to exceptions, which we will discuss in the training).
  2. Simplifying the drug formulary. The bill requires the creation of a simple formulary, listing the medications which can be dispensed and are pre approved. The MTGs already list drugs – this may simply the review of medications prescribed. Source; Part NNN, Subpart C.
  3. Changes to the Disability Duration Guidelines & Scheduled Loss of Use findings. The Guidelines are used to determine the nature and extent of permanent residual disability in New York. The procedures for determining Schedule Loss of Use injuries will be reevaluated.

Bad for Employers:

  1. Permanent partially disabled claimants will no longer have to establish that they have not “voluntarily removed” themselves from the workforce to remain eligible for ongoing partial disability benefits. Source: Part NNN, Subpart A.
  2. Lowering the “safety net” from 80% partial disability to 75% disabled in order to qualify for extended permanent disability benefits when the initial allocation expires. Source: Part NNN, Subpart A, S2, 3.

How will this affect you?

Join our live training on Wednesday (https://attendee.gotowebinar.com/register/7412506454627418882) for a preview of how these new laws will change the practice in New York:

1:00 EST Session 

(Button above not working?) Live training link to copy into your browser:https://attendee.gotowebinar.com/register/7412506454627418882 or click here.

Presented by: Greg Lois, 1PM EST Wednesday, April 12, 2017.

When there is an Injury on the Job – The Employer’s Response.

We go deep on the State-required initial contacts to the petitioner/claimant.

Are you doing it right? Do your initial contact materials sent to the claimant meet New York’s requirements? Do you take advantage of the law allowing you to direct the claimant on where to fill her prescriptions? Contain all the notices and information required by the State, including information about medical choices?

Join us for an in-depth, single-subject webinar on Wednesday October 26, 2016.

Register here:

Register for in Depth Webinar Oct 26th

Can’t make the live training?

Attorney Christian Sison of Lois LLC offers a FREE evaluation of your initial response documentation. Christian will review your boilerplate response to injuries and make sure you meet the State’s requirements. Don’t have a ready response to injury? Worse, not sure what your risk professionals are sending to the injured worker?

Christian helps companies create their New York-compliant responses.  Contact Christian for a FREE review of your current intake package with tips and practical advice for getting compliant.

Contact Christian Sison

Post-Webinar Video: Practical Guide to Defending New Jersey Occupational Exposure Claims

Here is the post-webinar video from our most recent presentation, “Defending Occupationals” from our New Jersey workers’ compensation webinar training series. The complete archive of prior presentations is here.

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, Occupational Exposure, Repetitive Stress Injuries
Date Presented: September 26, 2016
Presenter(s): Greg Lois, Esq.
Run time: 19:07

Continue reading Post-Webinar Video: Practical Guide to Defending New Jersey Occupational Exposure Claims