Raising Self-Limitation on Reduced Earnings: A New Approach

How many times has your attorney heard this whispered after raising labor market attachment:  “Just go get any job out there and they’ll pay you the difference – any job will do.” If you work two hours a week, you’re attached and owed reduced earnings. This scenario came up during a recent litigation on the issue of labor market attachment and entitlement to awards. In that case, the claimant’s attorney
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Do it Right or Pay the Price (of Medical Bills)

When an injured worker receives a medically necessary treatment, the employer or insurance carrier is responsible for payment of the treatment when the claim has been accepted or established. See NYCRR section 325-1.25. However, when the treatment is not medically necessary or under the Medical Treatment Guidelines, the carrier can object by filing the New York State Workers’ Compensation Board C-8.1 form (a copy should go to the WCB, the employee,
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WCB Announces Proposals to Improve Medical Care for Injured Workers (At the Cost of Everyone Else?)

Last month, the New York State Workers’ Compensation Board (WCB) announced various proposals to improve medical care for injured workers (Subject Number 046-1058). While these proposals appear to be reasonable improvements for injured workers, if approved, they will come at an increased cost for employers, insurance carriers, and third-party administrators. This cost will not only be felt financially, but also in the ability to defend claims. First, the financial cost
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New York’s 2017 Workers’ Compensation Reforms: What They REALLY Mean for Employers and Carriers

When New York’s 2017 budget recently passed — bringing some significant changes to the state’s Workers’ Compensation Law with it — a great deal of misinformation as to how those changes would impact employers and insurers followed in its wake. Importantly, the passage of reforms as part of the budget did not include Senate Bills S4014, S4554, S4520, or S4345. Rather, changes were made as part of the budget bill
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