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Third Department – 2-14-13

Today the Court decided 3 cases dealing with workers’ compensation. In Matter of Jarovic, An appeal was taken from a decision of the Workers’ Compensation Board, filed February 1, 2011, which ruled that the employer’s workers’compensation carrier was entitled to a full credit against claimant’s third-party settlement recovery. The Court noted that the Workers’ Compensation […]

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Third Department Appellate Division decisions 6-28-12

In Matter of Donato, the claimant appealed a finding that that claimant violated Workers’ Compensation Law § 114-a and, among other things, disqualified him from receiving future wage replacement benefits. Claimant suffered established injuries to his ribs, head, neck, back, left shoulder and left clavicle, including a right orbital fracture, pulmonary contusions, collapsed lungs and […]

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Appellate Division for Workers Compensation 6-21-12

Today the Court ruled on 4 cases dealing with workers’ compensation. In Matter of Belaska, the claimant appealed a decision which denied her claim for workers’ compensation benefits. Claimant, a clerk for the Department of Law, sustained injuries to her chest, neck and right shoulder after she was involved in an altercation with a fellow […]

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THird Department Decisions 3-22-12

Today the Court decided 2 cases dealing with workers’ compensation issues. In Matter of Pelaez, The Court affirmed a decision establishing an accident as well as a decision of the Board denying Full Board review. In December 2007, claimant was injured when he was kicked in the head by a horse and he applied for […]

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Worker’s Compensation Cases 2-9-12

Today the Court Decided 2 cases. There was also one decision by the Court of Appeals. In the Matter of Searchfield, an appeal was taken to a Board Decision that ruled that claimant’s application for workers compensation benefits was timely filed and awarded benefits. In October 2005, claimant was injured at his workplace while lifting […]

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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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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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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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