Practice Tips and Tactics Involving Additional Providers in New York

On January 1, 2020, additional medical providers have been authorized to treat claimants under the New York State workers’ compensation system. Physicians, chiropractors, podiatrists, and psychologists are joined by physical therapists, occupational therapists, physician’s assistants, nurse practitioners, licensed clinical social workers, and acupuncturists as Board-authorized providers. Not all approved providers have blanket approval from the Board, though. The differences in approval of the expanded providers give the carriers and self-insured employer the upper hand in some situations under New York State workers’ compensation.

Of note, …

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Obtaining and Maintaining Proper Working Papers – It’s No Minor Task

Prior to hiring a minor (an employee who is under the age of 18), an employer has an obligation to obtain the minor’s employment certificate or permit issued in accordance with the education law (commonly referred to as “working papers”). Prior to the minor starting work, the employer must file this certificate at the place of the minor’s employment so that it may be readily accessible to any person authorized by law to examine such a document.

If a minor is injured while on the …

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Special Funds Liability Under the Board’s Special Funds Group

It has become apparent over the recent years that the New York Workers’ Compensation Board, along with the Special Funds Group, will go to great lengths to resolve themselves of liability for outstanding claims under NY WCL Section 25(a), as well as 15(8), particularly in consequential death claims.

Under the 2007 reforms, the then-Second Injury Fund was closed to new claims with dates of injury on or after July 1, 2007. Then, on March 29, 2013, Section 25(a) was amended to close the Fund for …

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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 maintained that the claimant was “working for someone he met online,” taking care of their …

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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, their representative and the health provider). Unfortunately, if the objection is late or improperly …

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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 is easily seen and will be felt by the WCB’s proposal to increase medical fees …

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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 S2009, and they are substantially different from these prior bills.

Goldberg Segalla’s Workers’ Compensation team …

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