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MEDICARE SET-ASIDES: IS COMPLIANCE WORTH WHILE FOR THE INJURED PARTY?

If you have a personal injury case, or a workers’ compensation case that is being resolved with a final settlement (known as a Section 32 settlement), and you are (1) receiving Social Security Disability; (2) have an application pending; or (3) are expected to be Medicare-eligible within the next 30 months, you can expect to […]

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CONSTRUCTION SITE ACCIDENTS: FAILING TO KEEP WORKING AREAS CLEAN CAN CAUSE SERIOUS INJURIES

Construction sites are dangerous places to work.  When someone is careless, leaves garbage or debris behind them, or takes a shortcut on safety, serious injuries can occur.  This is especially true when ladders or scaffolds are involved – not only because workers can fall from them, but also because the floors around them must be […]

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Repetitive Strain Injuries

In a variety of jobs, workers can develop repetitive strain injuries because of their work.  Carpal tunnel syndrome and tennis elbow (epicondylitis) are two kinds of repetitive strain injuries.  These kinds of injuries can be covered under the Workers’ Compensation Law either as occupational diseases (if they are due to the nature of the job) […]

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Grey & Grey Posts Four Wins on Appeal in Six Months

In the first half of 2018, Grey & Grey won four appeals in workers’ compensation cases before the Appellate Division, Third Department.  In each case, the appeals court reversed the Board’s decision.  These decisions, and all of the cases on our Appellate Victories page, show our determination to fight for our clients and the quality […]

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“IME” BASICS – THINGS TO KNOW ABOUT INDEPENDENT MEDICAL EXAMS UNDER THE NYS WORKERS’ COMPENSATION LAW

“I received a notice to see an Independent Medical Examiner – now what?”   The Workers’ Compensation Law gives the employer or insurance company the right to have you examined by their doctor, which they call an “independent medical examiner” or “IME.”  Of course, there’s nothing “independent” about it – this is a doctor hired […]

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MOTOR VEHICLE INSURANCE BASICS: COMPLICATED LAYERS OF COVERAGE

Sooner or later, most drivers are involved in a motor vehicle accident.  Some accidents happen during the workday, and others occur in our day-to-day lives.  If you or a family member are injured in a car accident, it’s important to understand the different benefits that exist.  The interaction between disability benefits, workers’ compensation, No-Fault, Social […]

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First Responder Psych Coverage

PSYCHOLOGICAL TRAUMA FOR POLICE OFFICERS AND FIRST RESPONDERS: NEW COVERAGE UNDER THE WORKERS’ COMPENSATION LAW Over the past three decades, the law has steadily limited workers’ compensation coverage for many kinds of psychological trauma. However, last year the Legislature reversed course and expanded the coverage of psychological trauma for police officers and first responders. That […]

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Medical Treatment Guidelines – How Do I Get Treatment ?

Treatment for injuries to the neck, back, knee, shoulder, and carpal tunnel syndrome are now covered under the Medical Treatment Guidelines. There are three options for your doctor in providing you with treatment. “Treatment” means diagnostic tests, medications, therapy, surgery, injections, etc. 1. If it is an emergency, then there is no prior authorization needed. […]

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WCB Releases 2012 Guidelines for Determining Permanent Impairment and Loss of Wage Earning Capacity (2012 Guidelines)

The Workers Compensation Board has finally issued the long-awaited 2012 Guidelines for Determining Permanent Impairment and Loss of Wage Earning Capacity (2012 Guidelines). The 2012 Guidelines continue the “schedule loss” criteria from the 1996 Guidelines. These criteria have served injured workers well for decades. The Board’s medical impairment guidelines were adopted in their entirety from […]

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Third Department Decisions Dealing with Workers Compensation

Today the appellate division decided one case dealing with workers’ compensation issues. In Matter of Capalbo , the Court rejected the carriers appeal of a denial for reconsideration or Full Board review. Decedent was employed as a steamfitter at the Indian Point nuclear power plant until September 2007, when he passed away from lymphoma. Claimant, […]

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