Category Archives: New York

Video: Independent Medical Evaluations Under the New Rules in New York

Attorney Greg Lois leads a seminar on the use of Independent Medical Evaluations (IMEs) in New York workers’ compensation cases. The discussion includes the new IME requirements including the new SLU-1 form.

Subject: New York, Workers’ Compensation Law, IME’s
Date Presented: October 16, 2017
Presenter(s): Greg Lois
Run time: 28:58
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Video: New Draft Guidelines for Determining Schedule Loss of Use in New York

Attorneys Greg Lois and Christian Sison discuss the draft Disability Duration Guidelines relating to Schedule Loss of Use injuries in New York. The presenters discuss the new IME requirements including the new SLU-1 form, the new formula for calculating schedule loss of use exposures, and go through a practical example.


Subject: New York, Workers’ Compensation Law, Draft Disability Duration Guidelines – Scheduled Loss of Use
Date Presented: October 2, 2017
Presenter(s): Greg Lois and Christian Sison
Run time: 30:38
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Video: Defending Repetitive Use and Occupational Exposure Claims in New York

Attorneys Declan Gourley and Kristen Kapur lead a presentation and answer questions on environmental exposure and repetitive uses issues in New York workers’ compensation claims.

Subject: New York, Workers’ Compensation Law, Occupational exposure, repetitive use
Date Presented: September 18, 2017
Presenter(s): Jeremy Janis and Greg Lois
Run time: 13:52
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When “Room and Board” is used to calculate wages in New York

Awards for wage replacement are equal to 66.6% of the employee’s average weekly wage, subject to maximums (currently $ 870.61) and minimums (currently $150 per week). Workers’ Compensation Law § 2(9) defines wages as “the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the accident, including the reasonable value of board, rent, housing, lodging or similar advantage received from the employer.” In addition to monetary wages, some employee are paid other consideration for performing work, such as tips, bonuses, and housing allowances or “room and board.”

In these cases, the reasonable monetary value of the room and board is to be established an included in the employee’s wages. Smith v. St. Mary’s Hospital, 259 N.Y.S.2d 373 (3d Dept. 1965). While the employee may seek to inflate the value of this consideration, and the employer may seek to deflate the value, the ultimate determination of the valuation of room and board is up to the Board. The Board does not have to accept the figures offered by either the claimant or the defense, but can set its own value for the room and board. O’Neil v. William Randolph Dairy Farm, 410 N.Y.S.2d 695 (3d Dept. 1978).

Practically speaking, where an employer is offering to include room and board in the wage calculation, the employer should use a best estimation where no fixed price is available. The claimant is free to argue that the room and board is undervalued, and ultimately a Law judge will make the determination.

Video: Medical Treatment Guidelines and Opioid Management in New York

Jeremy Janis and Greg LoisAttorneys Jeremy Janis and Greg Lois lead a presentation and answer questions about medical treatment issues in New York workers’ compensation claims. What we will be talking about:

  • What to do about variance requests.
  • How to dispute unnecessary treatment.
  • The recent (May, 2017) Board Panel decision finding MTG’s DO apply to out of state medical providers.
  • Non-Acute Pain Management Guidelines.

Subject: New York, Workers’ Compensation Law, benefits, Medical Treatment Guidelines
Date Presented: August 21, 2017
Presenter(s): Jeremy Janis and Greg Lois
Run time: 24:35
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