Attorneys Karen Vincent and Greg Lois discuss the role of defense counsel in providing timely and accurate exposure analysis to clients. The attorneys discuss the “when” of providing an exposure analysis – when during the litigation lifecycle the attorney should be providing estimates of exposure and likelihood of prevailing at trial. The attorneys also discuss the “how” of exposure – how estimates of permanent disability are made. This webinar presentation is a must-watch for risk professionals and adjusters relying on outside counsel to provide exposure analysis.
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.
Continue reading Video: Evaluating Permanency Exposure in New York Workers’ Compensation Claims
This is video from a live presentation from Dr. Jennifer Yanow and Greg Lois. Dr. Yanow is a double Board-certified in Pain Medicine and Physical Medicine and Rehabilitation. The discussion focuses on the use of IMEs and second opinion consultation in both acute cases and non-acute long term chronic pain claims. Dr. Yanow’s expertise in treating RSD and CPRS claims as well as her approach to opiate medications is explored.
Subject: New Jersey, Workers’ Compensation Law, IMEs, Second Opinions, Opiates, Weaning
Date Presented: October 23, 2017
Presenter(s): Dr. Jennifer Yanow and Greg Lois
Run time: 40:31
Dr. Yanow sees patients in her office at 1450 U.S. Route 22 West, Mountainside, New Jersey and also at U.S. Healthworks locations in Bridgewater, Jamesburg, Edison, Rahway & Elizabeth. To schedule an appointment or evaluation, contact Suzanne: 732-343-1788 or firstname.lastname@example.org Continue reading Video: Independent Medical Examinations and Second Opinion Evaluations in New Jersey
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
Continue reading Video: Independent Medical Evaluations Under the New Rules 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
Continue reading Video: New Draft Guidelines for Determining Schedule Loss of Use in New York