As has been widely publicized, in April the New York State Senate passed a $153 billion state budget for 2017-2018 which included numerous reforms and changes to the state’s Workers’ Compensation laws.
The most publicized changes to the existing law have been new reforms that ensure that significantly injured workers have the right to be considered for lifetime benefits, new prescription drug formularies, and the overhaul of the New York State Medical Treatment Guidelines. The aforementioned changes have obscured less obvious or publicized provisions such as changes to the gaming, thoroughbred, and breeding industries in the state. Continue reading New York Workers’ Compensation Reform Impact on Gaming, Thoroughbred, and Breeding Industries
Attorney Christian Sison presents strategies for defending New York claims against additional sites and consequential injuries being added later – beginning with “Day One” tactics to preserve all defenses!
Subject: New York, Workers’ Compensation Law, DFD1, #DefendFromDayOne
Date Presented: May 26, 2017
Presenter(s): Christian Sison
Run time: 21:41 Continue reading Video: Challenging Additional Sites of Injury in New York
Attorneys Karen Vincent and Michael Gervolino cover the fundamentals or challenging the the basic presumptions relied upon by the petitioner in establishing their case. They discuss some little used (but available) defenses, such as the intoxication defense. At the end of the presentation attendees will have a basic understanding of various common defenses under the New Jersey Workers’ Compensation Act and case law.
Subject: New Jersey, Workers’ Compensation Law, Intoxication, Notice, Statute of Limitations
Date Presented: May 22, 2017
Presenter(s): Karen Vincent, Esq. and Michael Gervolino, Esq.
Run time: 20:54 Continue reading Which Defenses Applies? Overview of Common Defenses in New Jersey
We can stop paying temporary disability benefits in New York when:
- The claimant has reached “maximum medical improvement” and is discharged from further care.
- The claimant has voluntarily withdrawn from the labor market.
- The claimant has refused a light duty offer that complies with the treating doctor’s work restrictions.
Why seek a return to work in a light duty capacity?
Employees who do not return to work (transitional or otherwise) within 6 months of the date of loss have a less than 50% chance of returning to gainful employment. Injured workers who remain out of work for more than one year but less than two years have a 25% chance of returning to employment. Workers who have lost two or more years to injury have less than a 1% chance of returning to any type of employment. This drives up claims costs and is bad for the injured worker.
The Workers’ Compensation Board envisions a process in which an employer “creates” a light duty job tailored to each injured worker. In reality, most employers have a limited amount of potential light duty employment. In those cases, the goal of the claims professional is to get a clear statement of the claimant’s work ability from the treating physician and then to issue an appropriate offer letter to the claimant. Continue reading How to: Reducing Exposure by Offering Accommodated Positions in New York
In this episode, Christian Sison welcomes the employer’s perspective to the Third Fridays podcast. Christopher Lahey, a Senior Supervising Engineer from National Grid, starts a discussion about the issues involved when investigating alleged work accidents. Christopher talks about the types of injuries sustained by National Grid employees, and how the company puts its employees in the best position to return to full duty work. Continue reading The Employer’s Perspective – Third Fridays Podcast
This is our updated presentation on impact of the 2017 legislative changes to the New York Workers’ Compensation Law. The New York workers’ compensation statute 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: May 17, 2017
Presenter(s): Greg Lois, Esq.
Run time: 21:41 Continue reading Video: Impact of Law Changes on Workers’ Compensation in New York