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Expedited Hearings

Until approximately 15 years ago, the Workers’ Compensation Board did not have an electronic case system. Judges relied upon actual physical case-files, and the procedure to obtain a hearing before a Law Judge was very straightforward, as requests for hearings were granted very liberally. Today, the Board is paperless. All documents, medical reports, and miscellaneous Read More

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“Safety Net” Provision for Permanent-Partial Disability Caps

What is a “safety net”? If you are a gymnast or circus performer, you are likely very familiar with them, and you probably would not be alive today if they were not available. Similarly, “safety net” protections provided pursuant to the Workers’ Compensation law can also be a real “life saver” for those claimants whose Read More

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Can I receive both Workers’ compensation and Social Security Disability benefits?

You can receive both. If you have been out of work for at least 5 months you are eligible to apply for Social Security Disability benefits. However, your physician must certify that you will be unable to do any work for at least 12 months. You must also have been paying into the system for Read More

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Can I move to another State, or Country and still be eligible for NYS workers’ compensation benefits?

This situation occurs quite often (especially with the high cost of living in the greater metropolitan area). Initially, you must contact your lawyer (and notify the carrier and Workers’ Compensation Board if you are unrepresented). You should also advise your doctors. They might be helpful in locating a new doctor for you. If you have Read More

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Can I sue my company or co-worker for pain & suffering when I am injured on the job?

The general answer is no. In New York State workers’ compensation is the exclusive recourse for on-the-job injuries. This has been the case for over a hundred years. The concept was to bring immediate cash and medical benefits to injured workers, rather than forcing them to sue for damages (a very lengthy and expensive process). Read More

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The Do’s and Dont’s of Independent Medical Examinations (IMEs)

There are several technical rules surrounding these exams, but the basics are: It must be arranged in the same County in which you live. It must be performed by a “like” physician (chiropractor, orthopedist, etc). You must receive notice of this exam within seven business days. If you live out-of State, it must be performed reasonably Read More

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Workers’ Compensation Board

In 2014 the Workers’ Compensation Board implemented a new hearing process to address possible abuse of long-term opiate medication. The medical treatment guidelines allow long-term opiate use only in limited circumstances. This process is initiated by either a medical report or record review performed by the insurance company which concludes that a claimant should be Read More

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