
Congratulations to Renee E. Heitger and Nicole Graci on their recent AV Pre-eminent peer ratings from Martindale Hubbell!
Read MoreHamberger & Weiss LLP is excited to announce the return of its annual seminar on April 25th, 2023!
2023 Annual Workers’ Compensation Client Seminar invitation
Read MoreH&W Saves Client Nearly $60,000 With Fraud Finding and Permanent Bar on Indemnity
Read MoreH&W Seminar Returns on 4/25/23!
Hamberger & Weiss LLP is holding its annual seminar once again!
Read MoreH&W Webinar: 1/18/23 at 11:00am - New York Prior Authorization Request (PAR) Basics
Read MoreSpecial Alert: TT Bill and More Vetoed by Gov. Hochul; Collateral Estoppel Bill Signed into Law
Read More$1,000.00 Per Day, Per Claimant - MMSEA Reporting Penalties (Final Rules Expected 2/18/2023)
Read MoreH&W Publishes White Paper About WCB OnBoard Prior Authorization Requests (PAR)
Read MoreSpecial Alert: New York Court of Appeals Reverses Green Decision; PPD Awards No Longer Paid After Death
Read MoreH&W LLP Conditional Payments Team Saves Clients Over $1,000,000 in 2022
Read MoreCourt Decision Affirms that Physicians Must Have Sufficient Knowledge of Claimant’s Work Activities in Occupational Disease Claims
Read MoreBill Passed by Legislature Would Increase Minimum Compensation Rate to 1/5 of State AWW
Read MoreAnother voice workers compensation law changes will hurt small businesses
Read MoreH&W Publishes White Paper Discussing the Impact of the Bill to Define Temporary Total Disability (S768/A118) on Workers Compensation Costs
Read MoreMark Hamberger Receives Greg Saxum Award from New York Self Insurers Association
Read MoreClaimants’ Bar Legislative Priorities Not Limited to Temp Total Bill
Read MoreBill Passed by Legislature Would Change Definition of Temporary Total Disability to Focus on Claimant’s At-Injury Job
Read MoreCourt of Appeals Leaves Genduso with Barely a Leg to Stand On
Read MoreH&W Webinar: NY Medical Treatment Guidelines for PTSD and Acute Stress Disorder
Read MoreH&W Webinar: Wednesday 3/16/22 - The PPD Clawback Revisited - Understanding the 130 Week Retroactive Cap in 15(3)(w)
Read MoreGovernor Hochul Signs Workers' Compensation Bills at end of 2021
Read MorePractice Tips Regarding the 130 Week PPD Credit/MMI "Safety Valve" Provision
Read MoreHoffman, Land, Marello, and Schaedler Elected to Partnership
Read MoreReminder - Board Allows Direct Deposit of Indemnity and Death Benefits
Read MoreCourt of Appeals Grants Motion for Leave in Case Allowing PPD Benefits After Death
Read MoreCourt of Appeals Denies Motion for Leave to Appeal in Quigley - Medical Marijuana Permitted in New York Comp
Read MoreBoard Requires Affidavit of No Separate Agreements with Section 32s
Read MoreWorkers’ Compensation Subrogation & Loss Transfer Recoveries
Read MoreBoard Permits Carriers to Raise Labor Market Attachment on 8/16/21
Read MoreLabor Market Attachment and the End of the COVID-19 State of Emergency in New York
Read More6/30/21 Webinar from Hamberger & Weiss LLP: Injuries in the Line of Duty: An Introduction to General Municipal Law 207-c and 207-a
Read More5/6/21 Webinar from Hamberger & Weiss LLP: The NY Volunteer Firefighters' Benefit Law - If You Can't Stand the Heat, Don't Write the Policy!
Read More3/25/21 Webinar from Hamberger & Weiss LLP: The Interplay Between Workers’ Compensation, Third-Party Actions and Loss Transfer
Read MoreMitigating SLU Opinions - Don't Blindly "Split the Difference"
Read MoreCourt of Appeals Declines to Hear Green Case Regarding Posthumous PPD Awards
Read MoreBoard Announces New 6/7/21 Effective Date for Drug Formulary Refills and Renewals
Read MoreAppellate Division Clarifies Taher Holding Regarding Claimants Receiving Both SLU and PPD
Read More1/13/21 Webinar: The New Medical Treatment Guidelines, Reviewed - Replay info
Read More12/9/20 Webinar: Vocational and Medical Considerations in Settlement Valuation in New York - Replay info
Read More11/4/20 Webinar from H&W LLP: The PPD Clawback - Understanding the 130 Week Retroactive Cap in 15(3)(w)
Read More9/24/20 Webinar: New York Medical Treatment Guidelines and Drug Formulary Update - Replay info
Read MoreCourt Reverses Board Decision Establishing Claim, Citing Insufficient Medical Evidence
Read More8/31/20 Webinar: Defending Claims Despite Difficulties Created by the COVID-19 Pandemic - Replay info
Read MoreUpcoming Webinars from Hamberger & Weiss LLP: 8/20/20 and 8/31/20
Read MoreAppellate Division Maintains Genduso Rule Regarding SLU Credit in Recent Decision
Read MoreCourt Allows Further Deduction on SLU Award for Attorney Fee Previously Paid from Employer Reimbursement
Read More5/19/20 Webinar: H&W LLP Presents COVID-19 and the Workplace Webinar - Replay info
Join us Thursday, May 21, at 11 AM
Read MoreBoard Issues First Decisions Addressing Labor Market Attachment After COVID-19
Read MoreCMS Lowers Meloxicam Pricing, Will Result in Some Lower WCMSAs
Read MoreClaimant Denied Further PHP Absent Evidence of Change in Condition From Prior SLU
Read MoreCourt Clarifies Procedure for Preclusion of Physician Reports
Read MoreH&W LLP Remains Open for Business During COVID-19 Emergency
Read MoreWCB General Counsel's Office Confirms that Board Has NOT Banned In-Person IMEs
Read MoreBoard Suspends Labor Market Attachment Requirement During COVID-19 Pandemic
Read MoreCourt of Appeals Reverses Board's Award Where Claimant Failed to Establish Attempt to Find Work Within Disability, Remands for Further Explanation from Board
Read MoreNotice To Our Colleagues Regarding Service By Email and Notices Of Depositions
Read MoreH&W Continuity of Service During Coronavirus COVID-19 Outbreak
Read MoreH&W Publishes White Paper on Coronavirus and New York Workers' Compensation
Read MoreAppellate Division Allows PPD Award to Continue After Death
Read MoreCourt Affirms in Three Decisions the Taher Rule that Claimant May Receive Both SLU and PPD in the Same Case at the Same Time
Read MoreCourt Rules that Reduction of Employer Reimbursement to Cover Attorney Fee in SLU Award Improper Because It Resulted in Windfall to Claimant
Read MoreCourt Affirms Genduso Decision Holding that SLUs Reduced by SLU Award to Same Limb, Even if Different Part of Limb
Read MoreAnalysis of Coronavirus (COVID-19) and New York State Workers' Compensation Law
Read MoreAppellate Division Overrules Board’s 8-Page Limit on Appeals
Read MoreFirst Cases Subject to 130 Week Temporary Partial Disability Credit Now Approaching Permanency
Read MoreLower Settlement Costs Possible With Oxycodone-Acetaminophen Price Drop
Read MoreBoard Notes Process Change for Objections to Administrative and Proposed Decisions Effective 2/1/2020
Read MoreCMS Pricing for Generic Lyrica (Pregabalin) Now Under $1.00 per Pill
Read MoreProposed Amendments to 300.13 and 300.14 Will Make Applications for Reopening or Rehearing More Difficult
Read MoreSection 32 Agreements Now Require Additional Paperwork for Electronic Signatures
Read MoreBoard Continues Program to Replace C-4 Forms with CMS-1500
Read MoreBoard Enacts Prescription Drug Formulary – Effective 6/5/19!
Read MoreAppellate Division Rules that PPD Claimant not attached to Labor Market before Statute Change Must Demonstrate Attachment to Labor Market for Awards
Read MoreBoard Issues Third Revision of Proposed Pharmacy Formulary and Regulations
Read MoreBudget Legislation Expands Types of Providers Authorized to Treat Claimants and Expands Board's Power to Resolve Fee Disputes
Read MoreAppellate Division Rules Voluntarily Retired Claimant Must Prove Loss in Earnings Due to Work Injury, Not Merely Present Job Search
Read MoreNew Board Panel Decisions on Post-Classification Awards, Extreme Hardship Redetermination, and Labor Market Attachment after Classification
Read MoreCourt of Appeals in Mancini Rules that §15(3)(v) Benefits Subject to PPD Cap
Read MoreTreasury Department Refers Conditional Payment Reimbursement Claims to Collection Agencies
Read MoreDouble Check Carrier Contact Information When Responding to MG-2s and C-4AUTHs
Read MoreAppellate Division Reverses Board Denial of ABR For Outdated RB-89 Cover Sheet; Board Continues RB-89 Enforcement
Read MoreAnalysis of Board's REVISED Draft Pharmacy Formulary and Regulations
We invite you to read our white paper with our summary and analysis of the Board's revised proposed formulary. In the paper, we provide a number of recommendations for changes to the proposed regulations and formulary.
Read MoreVirtual Hearings Now Available in All Districts except Queens, Newburgh, and Allegany
The Board’s virtual hearing system is nearly available Statewide, with only 3 hearing sites (Queens, Newburgh, and Allegany) not yet active. The system continues to be met with mixed reviews by participants, but it is clearly here to stay. Hamberger & Weiss LLP is available to represent our clients at a virtual hearing where virtual hearings are available.
Read MoreClarification on Genduso Decision
Last month we reported on the Genduso decision from the Appellate Division, Third Department. We received some comments and questions about our article, specifically on whether we felt the case was wrongly decided. Our answer is, simply put, no. The case is a benefit to employers and carriers and we feel it was correctly decided. The Board and Appellate Decision in Genduso allowed the carrier to credit prior schedules for loss of use of a leg (SLU) against a new leg SLU. Although we noted in our headline that the Board was allowing a carrier to credit a prior ankle injury against a new leg SLU, that prior ankle SLU was never awarded as a foot SLU, instead the claimant received a leg SLU which contemplated his injuries to the ankle. The Court’s decisions allowing a carrier to credit a prior leg SLU against a new leg SLU is not unusual in current practice.
Read MoreLyrica Now Included by CMS in WCMSAs
Lyrica (pregabalin) is an FDA approved medication for treatment of epilepsy, diabetic neuropathic pain, post-herpetic neuralgia, fibromyalgia, and other neuropathic pain. However, it is widely used off-label for treatment of chronic pain and, in some cases, anxiety disorder. Historically, the CMS Workers’ Compensation Review Contractor (WCRC) has excluded Lyrica from Workers’ Compensation Medicare Set-Aside Arrangements (WCMSAs) when prescribed for pain or radiculopathy. Recently, however, the WCRC has included Lyrica in some WCMSAs, citing the acceptance in the medical community for this off-label use.
Read MoreBoard Releases Revised Pharmacy Formulary and Accompanying Regulations
The Board has finally released its revised pharmacy formulary regulations for public comment. Our readers may recall that we published a white paper with our summary and analysis of the proposed formulary in February 2018. The revised formulary does away with the earlier classification of drugs as “preferred” and “non-preferred.” Instead, it classifies the availability of prescriptions depending on the status of the claim (accepted/established or controverted) and the length of time that has passed from the date of injury. The proposed regulations allow for a process of prescribing and dispensing drugs to claimants even where the claim is controverted or where liability has not been established against the carrier. There is no specific requirement that carriers and self-insured employers would then have to pay for the drug if the claim is controverted, but the implication is there. If that is the case, this echoes the Board’s initiative during the eClaims rollout directing carriers and self-insured employers to begin payment of indemnity even in the absence medical evidence of causal relationship. Other regulations regarding treatment issues specifically state that the carriers and self-insured employers are not liable for payments until and unless the claim and condition is established. We would have preferred to see similar language.
Read MoreCourt of Appeals Corrects Standard for Permanent Total Disability
On 9/6/18, New York State’s highest Appellate Court, the New York Court of Appeals, decided Wohlfeil v. Sharel Ventures. This decision unanimously reverses an 11/16/17 Appellate Division decision which held that a claimant is permanently totally disabled unless he or she can engage in “gainful employment, not some undefined type of limited sedentary work.”
Read MoreAppellate Division Allows Credit of SLU Assigned to Ankle Against Knee SLU
On 9/6/18, the Appellate Division, Third Department, decided Genduso v. New York City Department of Education. This decision is notable primarily for what we believe to be an error by the Court in describing how schedule loss of use awards are assessed for ankle injuries.
Read MoreAppellate Division Reminds Board that Excusal of Late Notice is Discretionary
On 9/6/18, the Appellate Division, Third Department, decided Taylor v. Little Angels Head Start. This case involved a carrier’s defense against a claim based on untimely notice.
Read MoreStill No Word on Pharmacy Formulary
At the end of last year, the Board announced draft regulations for a proposed New York State Pharmacy Formulary. WCL §13-p, which became law in April 2017, required the Board to "establish a comprehensive prescription drug formulary on or before" 12/31/17. To date, we have only seen a draft formulary and the proposed rules published in December 2017. In February 2018, we published an extensive white paper with our summary and analysis of the proposed formulary and regulations. Among other things, we believed that the proposed pharmacy formulary would result in lower costs for employers and carriers.
Read MoreFull Board Reverses Panel Decision That Provided Exception to Delta Airlines Attachment Decision
One year ago we reported on the Board Panel decision in Barbella Environmental Tech, which provided an exception to the Delta Airlines ruling on labor market attachment. The ruling deemed claimants who were still employed by the employer of record to be attached to the labor market without the need to produce proof of same as required by the American Axle decision. The Barbella Board Panel decision narrowed the ruling in cases like Delta Airlines, finding that only in cases where there is objective medical evidence that the claimant could return to work with the employer of record and where the claimant has a realistic expectation to return to work with the employer is the claimant relieved of the need to prove labor market attachment.
Read MoreBoard Eliminates Need to File C-8.1A with C-4AUTH Denial
In a welcome change, the Board has announced that Form C-8.1A will no longer need to be filed in cases where a carrier denies a request for authorization of a special service with Form C-4AUTH. In the past, a carrier’s denial of treatment requested by an attending physician on a C-4AUTH form required completion of 2 forms, as well as a conflicting medical opinion, resulting in the perverse and uniquely New York requirement of requiring 3 documents from the carrier to deny one request from the provider. The Board announcement is a step in the right direction, reducing the paperwork burden on carriers and eliminating a redundant form.
Read MoreBoard Announces Initiative to Replace C-4 Family of Forms with CMS-1500
The Board announced earlier this month that it will replace the C–4 family of forms (with the exception of the C-4.3 permanency evaluation form) with the CMS–1500 form. Board Subject Number 046-1079 describes technical specifications for the rollout and states that it will occur in 3 phases, the first of which will commence on 1/1/19. On that date, providers may begin voluntary transmission of CMS –1500 bills through an approved Board electronic clearinghouse and payers will also be expected to accept electronic receipt of same. On or about 1/1/20, the Board will require use of the electronic CMS–1500 billing form through its clearinghouse. Because the CMS-1500 form does not have the space on it for providers to write a history, opinion on causal relationship, or opinion on degree of disability, the Board will require providers to attach a narrative that includes this detail.
Read MoreAppellate Division Allows SLU Award after Classification with PPD
On 6/14/18, the Appellate Division, Third Department, decided Taher v. Yiota Taxi, Inc. This decision appears to allow a claimant classified with a permanent partial disability to receive a schedule loss of use award in the same claim as long as no permanent partial disability payments have been paid.
Read MoreBoard Continues “New” SLU Guidelines Rollout with New Forms, Training
The Board continues its implementation of its 2018 Impairment Guidelines with Subject No. 046-1067, in which the Board provides new forms that both attending physicians and Independent Medical Examiners are required to use effective immediately in providing opinions on schedule loss of use (SLU). We believe that the required forms continue the Board’s tradition of legislating through forms, but with respect to the SLU issue are generally favorable to the employer and carrier community because they force examiners to perform some actions suggested in the 2018 Guidelines, such as measuring the contralateral extremity.
Read MoreBoard Clarifies §15(8) Reimbursement Process Following Board Panel Decisions in Express Solutions and Southco
The Board has followed-up its decisions in Express Solutions and Southco with Subject No. 046-1063, which clarifies the procedure payors must follow in obtaining reimbursement for qualifying expenses under §15(8).
Read MoreBoard Virtual Hearings Live in Multiple Districts; Major Changes for Parties Requesting Hearing Record
Virtual hearings are live in the Capital, Binghamton, Brooklyn, Syracuse, and Rochester Districts of the Board as of mid-April, and will come to the Buffalo District on 6/13/18. The new system eliminates the use of in-person stenographers, so hearing transcripts can no longer be requested or obtained directly from the Board. Only an audio recording of the proceeding is available until transcribed by the Board on appeal. Additionally, the virtual hearing process makes “picking up” a hearing without notice from the carrier/employer difficult because our attorneys no longer have access to the Board’s master list of hearings on calendar for a given day. As such, extra care must be taken to ensure our office receives timely notice of any hearings that clients want us to handle.
Read MoreBoard Announces Proposals to Improve Medical Care for Injured Workers
On 4/17/18, the Board issued Subject No. 046-1058, which included a number of proposals the Board purports will improve medical care for injured workers. The proposals include a planned June 2018 regulatory proposal to raise provider fees for services provided on or after 10/1/18. The Board also plans to eliminate the current Board treatment forms (C-4 and C-4.2) and replace them with the use of the CMS-1500 form commonly used by medical providers to bill health insurers.
Read MoreTwo Board Panel Decisions Establish Board Jurisdiction for Determining §15(8) Reimbursement and Right of Payers to Obtain Reimbursement for Qualifying Expenses Paid More Than One Year Prior to the Reimbursement Request on Newly Established §15(8) Claims
For some time, the Special Funds Group (“SFG”) has argued that the Workers’ Compensation Board did not have jurisdiction to resolve disputes concerning reimbursement to carriers on established WCL §15(8) claims. SFG was able to obtain a Board Panel decision supporting their position and this has frustrated the efforts of carriers seeking reimbursement under §15(8) withheld by SFG. See, Corning, Inc., 2017 N.Y. Work. Comp. 90203937 (9/15/2017). The Corning decision held that the Board did not have administrative jurisdiction over the WCL §15(8) reimbursement process. This left carriers without a forum to resolve disputes concerning §15(8) reimbursement. On 1/11/18, a Board Panel, upon remand from the Full Board, issued a decision in Express Solutions, 2018 WL 1560704 (WCB #70106478; 1/11/18) in which it disavowed the prior holding in Corning, Inc., 2017 NY Work. Comp. 90203937 and established that the Board has jurisdiction over the reimbursement process as well as the right to adjudicate disputes concerning same. With the decision in Express Solutions, carriers can seek relief from the Board in these matters, subject to the process laid out in that decision.
Read MoreNew Court Decision Reminds Primary Payers to Rely on Medicare Final Demand Letter in Determining Amount of Conditional Payments
As Medicare primary payers, carriers and self-insured employers should be aware of the Trial Order issued by the Supreme Court of New York, New York County on 3/15/18 in Mayo v. NYU Langone Medical Center, 2018 WL1335262 (N.Y. Sup.) (3/15/18). The Order vacated a settlement on the basis of mutual mistake of the parties because they relied on a Conditional Payment Letter for the amount of a conditional payment lien, rather than a final demand from Medicare. The difference between the amount of conditional payment reimbursement requested in the Letter and the final demand was $142,939.58!
Read MoreHamberger & Weiss Seminars Are Here!
Our annual workers’ compensation seminars are scheduled for 4/10/18 in Buffalo at Samuel’s Grande Manor and 4/24/18 in Syracuse at the Holiday Inn – Syracuse/Liverpool. This year, we will discuss in depth the practical effects of the 2017 workers compensation reforms on permanent partial disability cases, defenses to the Board’s payor compliance program, the “new” SLU guidelines, the Board’s new pharmacy formulary (with a discussion on medical marijuana), the Medicare conditional payment recovery process, and major court decisions over the past year. If you have not yet registered, please contact Heidi Mahoney at hmahoney@hwcomp.com to do so. We look forward to seeing you!
Read MoreBoard Begins IME Study
The Workers’ Compensation Board is beginning its study of IME’s mandated by the 2017 legislation, which requires the Board to study IME utilization and submit a report to the Advisory Committee by early 2019. As a result, the Board is reaching out to stakeholders seeking input on concerns regarding IME exams, including quality, cost, potential fraud, as well as alternative methods for utilization/assignment of IME’s and practices followed in other states. Our partner, Susan R. Duffy, was invited by the Workers’ Compensation Board as the New York State Bar Association Defense Attorney Representative, along with claimant’s counsel, William Crossett, to participate in the information gathering phase. Susan participated in a conference call with Board participants on March 21, 2018 to discuss concerns from the defense perspective and will be submitting expanded written comments. Preserving the rights of employers and carriers in the selection and utilization of IME’s, and limiting Board involvement, is critically important in protecting your rights in defending claims, so we are appreciative of the opportunity to provide our input and expertise. Please do not hesitate to contact Susan at sduffy@hwcomp.com with any comments or questions about the IME study.
Read MoreBoard Panel Allows Consideration of Apportionment Between Two Work Related Injuries Before Permanency
The Board Panel in Hamburg Central School, 2018 N.Y.Work.Comp. G1342161 (3/23/18) allowed consideration of apportionment between two work-related injuries during the temporary period of disability, stepping back from a long-standing rule established in the Full Board decision, Byram Hills CSD, 2010 N.Y.Work.Comp. G0070823 (12/31/10) that "there is no basis for apportionment of a temporary disability, and the issue of apportionment should be deferred until a finding of permanency has been made."
Read MoreAppellate Division Allows Use of WCL §137 to Preclude Treating Doctor's Report
On 2/8/18, the Appellate Division, Third Department, decided Esposito v. Tutor Perini Corporation. This decision holds that the opinion from a treating physician can be treated as an independent medical examination if it is obtained solely for the purpose of producing an opinion on disability and causal relationship as opposed to medical treatment. If a treating doctor’s report is treated as an independent medical examination, it is subject to all WCL §137 requirements and the Board’s regulations in 12 NYCRR §300.2. The court stated whether an employer/carrier or the claimant requested the examination is irrelevant when determining whether a medical examiner qualifies as an independent medical examiner. The court affirmed the Board’s decision precluding one of claimant’s medical experts based on non-compliance with regulations governing submission of documents reviewed by independent medical examiners to the Board.
Read MorePaid Family Leave and Your Workers' Compensation Defense Counsel
The New York Paid Family Leave program is now up and running, with the first covered leaves effective 1/1/18. The Workers’ Compensation Board introduced a robust Paid Family Leave webpage, and has addressed the topic “road show” style at various venues throughout the state. We offered our webinar on the Act in May 2017. As workers’ compensation defense counsel, we regularly receive inquiries about the overlap between Paid Family Leave and workers’ compensation.
Read MoreSusan R. Duffy Receives Workers’ Compensation Award
We are pleased to announce that our partner, Susan R. Duffy, received the Mary M. Russo-John Sciortino Award from the Torts, Insurance and Compensation Law Section of the New York State Bar Association at its Annual Dinner in New York City. The award is given to a lawyer in recognition of outstanding contribution to the practice of law in the field of Workers’ Compensation. Congratulations Susan!
Read MoreCRC Announces New Contractor for Conditional Payment Recovery
As many of you know, we perform conditional payment searches and handle conditional payment recovery demands for our clients as part of our Medicare Secondary Payer practice. As of 2/12/18 the Commercial Repayment Center (CRC) will have a new CRC contractor, Performant Recovery Inc. There will be a “dark days” transition period from 2/9/18 to 2/12/18, so we would ask that any conditional payment reimbursement requests (CPN, CPD, NOI, Referrals to Dept. of Treasury) that are due from 2/9/18 to 2/12/18 be referred to us for handling in advance of 2/9/18 so that we can be sure they are timely filed.
Read MoreAppellate Division Issues Two Important SLU Decisions in January
The Appellate Division issued two decisions in January 2018 on the issue of schedule loss of use (SLU). In the first, Parody v. Old Dominion Freight, the Court held that the Board may selectively adopt and reject portions of expert opinion and testimony, and thus could make a different finding on percentage loss of use than that reached by the medical experts. In the second, Maloney v. Wende Correctional Facility, the Court held that physicians may not add both the values for deficits in anterior (or forward) flexion and abduction in determining percentage SLU of the arm.
Read MoreAppellate Division Requires Board to Obtain Medical Evidence of Effect of Injury on Claimant’s Functional Abilities in Determining LWEC
On 12/14/17, the Appellate Division, Third Department, decided King v. Riccelli Enterprises, which held that when assessing a claimant’s loss of wage earning capacity (LWEC), the record must contain medical evidence of how the work injury impacts claimant’s functional capabilities. The record in King contained permanent partial disability rankings under the 2012 Guidelines, and a generic 15 lb. lifting restriction. The Court held that this, by itself, was insufficient, and that the physicians needed to explain how the claimant’s permanent medical impairment impacted his ability to perform relevant physical tasks.
Read MoreClaimants Trying to Prove Re-Attachment to Labor Market Must Show Connection Between Unsuccessful Job Search and Work Injury
On 12/14/17, the Appellate Division, Third Department, decided Pontillo v. Consolidated Edison of New York. The Court held that when a claimant voluntarily retires and tries to claim re-attachment to the labor market, merely producing evidence of an unsuccessful job search by itself is insufficient. The claimant must also prove a causal nexus between the work injury and the unsuccessful job search.
Read MoreHamberger & Weiss Elects Stephen P. Wyder, Jr. to Partnership
We are pleased to announce that Stephen P. Wyder, Jr. has been elected as a partner in the firm, effective January 1, 2018. Stephen has been practicing workers’ compensation defense since joining the firm in 2010.
Read MoreBoard Announces Draft Pharmacy Formulary and Finalizes SLU Guidelines
On 12/28/17, the Board announced draft regulations for a proposed New York State Pharmacy Formulary and finalized the new Permanent Impairment Guidelines for Schedule Loss of Use (SLU) evaluations.
Read MoreTerranova Court of Appeals Decision Reminds Board to Not Miss the (Equitable Apportionment) Forest for the (Kelly Decision) Tree
In a decision released on 12/19/17, the Court of Appeals (New York State’s highest court) ruled that the Board erred in allowing a carrier to take full credit for a schedule loss of use awarded after the settlement of a claimant’s third-party action without any further contribution to litigation costs for use of that credit.
Read MoreA Reminder Regarding Medical Treatment Denials and Expedited Hearings
If you receive a Notice of Expedited Hearing on a medical treatment issue, that Notice will usually contain language directing the parties to complete depositions prior to the hearing. If that is the case, we strongly recommend that you contact defense counsel to review the file to determine if a deposition should be scheduled. A PH-16.2 should be filed in advance of any expedited hearing, even if the claim is not controverted.
Read MoreAppellate Division Split Decision Creates New Standard for Permanent Total Disability
On 11/16/17, the Appellate Division, Third Department, decided Wohlfeil v. Sharel Ventures, LLC. This split 3-2 decision represents a marked departure from previous practice and precedent on how non-statutory permanent total disabilities are determined. Because it is a 3-2 split decision, the employer and carrier have an appeal as of right to New York State’s highest appellate court, the New York Court of Appeals. It is unknown at this time if the carrier/employer will pursue such an appeal.
Read MoreEverything Old is New Again: Board Releases “Revised” SLU Impairment Guidelines on 11/22/17 for Public Comment
On 11/22/17, hours before the start of the Thanksgiving holiday, the Board issued its revised Impairment Guidelines for schedule loss of use and proposed regulations via Subject Number 046-1005. In a complete departure from the draft proposed guidelines that the Board issued on 9/1/17 (to which the Board removed access to from its website), as well as the statutory mandate contained in WCL §15(3)(x), the new revised guidelines are nothing more than the current guidelines that have been in place since 1996 in a new package with a few minor tweaks that will do little to control schedule loss of use (SLU) costs. The regulations that the Board proposed on 9/1/17 that addressed changes to the SLU process, IMEs, and other things have been eliminated and replaced with a new Section 325-1.26 which incorporates the proposed 11/22/17 Impairment Guidelines by reference and requires their use in all evaluations for schedule loss of use. Please read our Summary and Analysis of the 11/22/17 Proposed SLU Guidelines here.
Read MoreAppellate Division Affirms Board Decision Denying Benefits to Claimant Working Reduced Hours
The Appellate Division, Third Department, held in Romanko v. New York University that a claimant who voluntarily self-limits her participation in the labor force is not entitled to indemnity awards. Claimant's treating physician opined that the claimant could only work one day per week and the Board rejected that opinion in favor of the carrier's consultant's opinion that the claimant was not restricted from full-time work. Employers and carriers should keep this in mind when faced with the argument from claimants that they are entitled to rely on their physician's opinions concerning work ability and degree of disability. With respect to labor market attachment, it is the Board's judgment—not the claimant's or claimant's physician's opinion—on degree of disability and work restrictions that controls.
Read MoreCourt of Appeals Closes Section 25-a Fund in American Economy Decision
The New York Court of Appeals, in a unanimous decision issued on 10/24/17, reversed the Appellate Division, First Department’s 2016 decision in American Economy v. State of New York, 139 A.D.3d 138 (1st Dept. 2016), closing the WCL §25-a fund to claims not submitted for Section 25-a relief before the 1/1/14 deadline.
Read MoreH&W Welcomes Ellen Shanahan Becker
Hamberger & Weiss is pleased to welcome Ellen Shanahan Becker as Special Counsel in our Buffalo office. Ellen has been practicing Workers’ Compensation Law exclusively since her admission to the New York State Bar in 1994, primarily representing carriers, self-insureds, and employers directly. She is the Past Chair and a current member of the Erie County Bar Association Workers’ Compensation Committee and frequently lectures at CLEs for the Bar Association.
Read MoreSpecial Alert: Court of Appeals Closes Section 25-a Fund in American Economy Decision
In a 32-page unanimous decision issued yesterday (10/24/17), the Court of Appeals (New York’s highest court) closed the Section 25-a fund by reversing the Appellate Division, First Department’s 2016 decision in American Economy v. State of New York, 139 A.D.3d 138 (1st Dept. 2016). The Court, in a decision authored by Judge Eugene Fahey, was unconvinced by the constitutional arguments raised by the dozens of insurance carrier plaintiffs and found that the closure of the 25-a fund, despite its retroactive impact which imposed unfunded costs upon those plaintiffs, was nevertheless constitutionally permissible. Read More for our comment and to review the entire decision.
Read MoreBoard’s Rollout of Proposed New SLU Guidelines Continues; Met with Opposition by Labor and the Claimants’ Bar
In our Special Alert earlier this month we discussed the Board’s release of its proposed new SLU Guidelines and accompanying regulations. For those of you have not had an opportunity to do so, we invite you to read our white paper containing our analysis of the proposed guidelines. There have been mixed messages from the Board on the current handling of SLU claims following the release of the proposed guidelines and regulations. Also, the proposed guidelines have been met with vehement opposition from Labor and the claimants’ bar.
Read MoreBoard Releases New SLU Guidelines and Regulations
On 9/1/17, as announced in Subject No. 046-978, the Workers’ Compensation Board proposed new Permanent Impairment Guidelines for schedule loss of use (SLU) awards as required by WCL §15(3)(x). The Board’s proposed regulations and impairment guidelines concerning SLU determinations represent a significant departure from prior practice on schedule loss of use awards. Click Read More to read our white paper containing our interpretation and analysis of the proposed guidelines and regulations.
Read MoreBoard Panel Steps Back from Delta Airlines Rule in New Labor Market Attachment Decision
A new Board Panel Decision, Barbella Environmental Tech., WCB #G0796969 (Aug. 7. 2017) introduced a significant change in the law on labor market attachment by requiring claimants still employed by the employer of record to prove labor market attachment if there is objective medical evidence that the claimant could return to work with the employer of record and where there is a realistic expectation that the claimant could return to work with that employer. Prior to this decision, claimants still technically employed by the employer of record did not need to prove labor market attachment because they were presumed to be attached by their continued employment relationship with the employer.
Read MoreDon't Ignore Loss Transfer Opportunities in MVA Claims
Loss Transfer Arbitration allows the carrier or SIE to recover payments made in lieu of "first party benefits" even though the carrier or SIE does not have a lien against the third-party recovery for those payments. Although Loss Transfer and third-party actions are separate legal matters there are overlapping legal issues that intertwine a carrier’s lien, credit and Loss Transfer recoveries.
Read MoreStay Tuned – New SLU Guidelines Are Coming!
The 2017 Workers’ Compensation reform law (Part NNN of Chapter 59, Laws of 2017) requires the Board, in consultation with representatives of labor and business, to develop new permanency impairment guidelines concerning SLU findings by 9/1/17 for implementation on 1/1/18. The Board is reportedly on schedule to issue the proposed SLU Guidelines on 9/1/17. We will present our analysis of the proposed Guidelines as soon as possible after they are published.
Read MoreCMS Expands WCMSA Re-Review Process to Allow Submission of New Evidence
The Center for Medicare and Medicaid Services (CMS) now allows for "Amended Review" of a previously approved Workers' Compensation Medicare Set-Aside Arrangement (WCMSA) supported by new medical evidence. This process is subject to some limitations based on the age of the previously-approved WCMSA and the amount of the new WCMSA requested. Additionally, Amended Review can only be requested once per case. Despite these limitations, the Amended Review process significantly expands CMS's prior re-review process which only allowed for re-review in the event of a clear mistake of fact from CMS or discovery of medical evidence that pre-dated the original submission that was not included in the original submission.
Read MoreBoard Clarifies Law on Attachment to Labor Market, Provides New Forms in July 2017 Subject Number
The Board issued Subject Number 046-958 earlier this month to outline its interpretation of the law on labor market attachment and to introduce revised/new forms for claimants seeking to provide documentary evidence of labor market attachment.
Read MoreAppellate Division Rules that Section 15(3)(v) Awards Subject to Same Cap on Benefits as 15(3)(w) Awards
The Appellate Division in Mancini v. Office of Children and Family Services, has held that payments under WCL §15(3)(v) are subject to the same cap on benefits as classification awards. Thus, the Board must make a loss of wage earning (LWEC) determination in §15(3)(v) cases. The Appellate Division further held that the cap on §15(3)(v) awards would not begin until the date that the Board makes a LWEC determination, rather than the date that allocation of the claimant’s schedule loss of use award that gave rise to the §15(3)(v) award ends.
Read MoreWCB Chairman Munnelly Announces His Retirement
At the July 2017 meeting of the Commissioners of the Workers’ Compensation Board, Chairman Kenneth J. Munnelly announced that he would be retiring from the Board in September. As of this writing, we have no information regarding whom the Governor may appoint to replace him as Chair.
Read MoreAppellate Division Allows Claimant to Receive Two 100% SLU Awards for the Same Injury
In Deck v. Dorr, the Appellate Division held that a claimant can receive a 100% schedule loss of use award for the thumb and a separate 100% schedule loss of use award for the same hand at the same time as long as there are distinct separate injuries to the thumb and the rest of claimant’s fingers.
Read MoreAppellate Division Clarifies Calculation of End Date of Carrier’s “Holiday” Credit in Third-Party Action Cases
Earlier this month, the Appellate Division, Third Department, ruled that in calculating the end date for a carrier’s third-party “holiday” the entire amount of the claimant’s weekly benefit should be considered, rather than that portion of the weekly amount remaining after payment of Burns payments to the claimant.
Read MoreBoard Issues New C-240: Employer’s Statement of Wage Earnings Form
On 6/19/17, the Board issued Subject Number 046-949, which introduced a substantially revised C-240 form (Employer’s Statement of Wage Earnings) to the workers’ compensation community. The Subject Number provided additional guidance regarding the phrase “a substantial part of the year” in determining whether a similar worker payroll should be used. Significantly, the Subject Number and new C-240 form suggest that it is now permissible for an employer to attach payroll information in lieu of completing the payroll tables on the second page of the form.
Read MoreBoard Rules that Medical Treatment Guidelines Apply to Out-of-State Treatment
In Hospice, Inc. (WCB Case No. 5951 3410, 5/24/17), the Board ruled that the New York State Medical Treatment Guidelines (“MTGs”) apply to treatment rendered to a claimant residing out-of-state by an out-of-state provider. This represents a significant departure by the Board from its prior decisions on this issue.
Read MoreH&W Obtains Favorable Decision on Drug Weaning from Board Panel, Reversing WCLJ
Earlier this month in Toys R Us, N.Y.W.C.B. 80801667 (5/11/17), the Board directed the claimant's treating physician to develop a program to wean the claimant from Fentora, Kadian, Parafon, and Rozerem in accordance with recommendations set forth in the carrier's IME report and the Non-Acute Pain Medical Treatment Guidelines (NAP-MTGs). This decision modified the finding of the WCLJ, who refused to make any changes to the claimant's treating physician's prescription regimen due to the claimant's extreme pain. This case was litigated and argued by our partner, Melanie Wojcik.
Read MoreAppellate Division Rules That Section 25-a Applies to Death Claims Resulting from Claim Already Transferred to SFCC Prior to 1/1/14
On 5/4/17 the Appellate Division, Third Department decided Misquitta v. Getty Petroleum. This case holds that the Special Fund for Reopened Cases under WCL §25-a is liable for death claims resulting from injuries from a claim that had already been transferred to it before the January 1, 2014 cutoff date for §25-a transfers, even when the death claim itself was not made until after that date.
Read MoreAppellate Division Decision Clarifies Issues Concerning Attachment to the Labor Market Defense
On 5/4/17, the Appellate Division, Third Department, decided McKinney v. United States Roofing Corporation, which contains several holdings clarifying issues commonly seen at hearings concerning labor market attachment and lost time awards. First, McKinney reinforces the distinction between labor market attachment and the requirement for causal relationship between a claimant’s reduction in earnings and his or her work injury. Second, it partially addresses when the appropriate effective date for suspension of indemnity awards should be when the claimant fails to produce sufficient evidence of labor market attachment. Finally, the decision reaffirms the rule that a claimant has no right to rely on a rejected total disability opinion as a shield against suspension of awards due to insufficient labor market attachment proof.
Read MoreThe Attachment to the Labor Market Defense for PPD Claimants After the 2017 Reforms
Although the April 2017 amendment to the Workers’ Compensation Law has eliminated the need for some permanently partially disabled (PPD) claimants to demonstrate ongoing attachment the labor market, we submit that this does not mean that carriers are without means to seek a suspension of benefits following classification. To keep all potential defenses open following classification, we recommend that carriers fully litigate the issue of attachment to the labor market at the time of classification. Following classification, carriers should gather substantial evidence of a voluntary withdrawal from labor market, framing their applications to reopen such claims as issues of voluntary removal, rather than lack of attachment if they wish to re-open the claim to pursue the voluntary removal defense.
Read MoreH&W Webinar on Paid Family Leave
This webinar will take place on Wednesday, May 31, 2017 at 1:00pm EST. Click "Read More" to register.
Read MoreVideo Surveillance Formatting Requirements – A Reminder
Please remember that the Board has very specific formatting requirements for video evidence. It previously described these requirements in Subject Number 046-237. The video evidence must be submitted in on a DVD-R with the file formatted in WMV or AVI format capable of being viewed in Windows Media Player. Failure to adhere to these requirements will result in preclusion of your video evidence!
Read MoreAppellate Division Affirms Attachment to Labor Market Requirements
In Palmer v. Champlain Valley Specialty, the Appellate Division affirmed a Board decision finding a claimant not attached to the labor market, noting that among other things, the claimant had not actively participated with the ACCES-VR program, and had not acted in good faith. This decision underscores the fact that merely signing up with a one-stop career center without active participation does not automatically render a claimant attached to the labor market.
Read MoreBoard Releases Three Subject Numbers Concerning 2017 Workers’ Compensation Reform Legislation Including PPD Cap Provisions and Extreme Hardship Safety Net
On 4/25/17 and 4/26/17, the Board issued a trio of Subject Numbers providing interpretation and guidance on certain elements of the 2017 Workers' Compensation Reform legislation contained in the 2017-2018 Executive Budget (Part NNN of Chapter 59, Laws of 2017).
Read MoreWorkers’ Compensation Laws Changed as Part of 2017-2018 NYS Budget Deal
Over the weekend, the Legislature and the Governor reached an agreement on the 2017-2018 New York State Budget. Among the myriad changes to New York State law was a workers’ compensation reform package representing the most significant changes to workers’ compensation practice in New York since the 2007 reforms.
Read More2017 SGK Prue's Pride Race Info
Please join our Team "Prue's Pride" for the Annual Susan G. Komen Race for the Cure on Saturday, June 10, 2017 at Buffalo Riverworks.
Read MoreRare Split Decision from Appellate Division in LWEC Case
On 3/30/17, the Appellate Division, Third Department, in a split decision with a 3-2 majority, decided Burgos v. Citywide Central Insurance Program, et. al., affirming a Board decision finding the claimant to have a permanent partial disability with an 85% loss of wage earning capacity.
Read MoreWorkers' Comp Reform on Legislative Agenda
With the deadline for the New York State Budget looming, workers' compensation reform is again on the Legislative agenda. Of interest to workers' compensation payers are a trio of bills designed to limit costs in the system related to permanent partial disability claims that were not addressed by the 2007 reforms.
Read MoreRecommendations for Expedited Hearings on Medical Treatment Issues
We have noted in recent months that WCLJs have been strictly enforcing the requirement on Board Notices of Hearing regarding the scheduling of depositions in cases involving medical treatment issues.
Read MoreWebinar on Paid Family Leave
This webinar will take place on Wednesday, May 31, 2017 at 1:00pm EST. Click "Read More" to register.
Read MoreWebinar on Initial Claims Handling
This webinar will take place on Thursday, April 27, 2017 at 1:00pm EST. Click "Read More" to register.
Read MoreH&W Webinar on Initial Claims Handling
This webinar will take place on Thursday, April 27, 2017 at 1:00pm EST. Click "Read More" to register.
Read MoreAppellate Division Allows Reimbursement to Employer From SLU Without Prior Temporary Disability Award
This case involved a dispute over employer reimbursement for wages paid out of a schedule loss of use award. Claimant argued that the employer should not be reimbursed for time periods where wages were paid but no indemnity awards made. The Court rejected claimant’s argument, noting that schedule loss of use awards are not connected to specific periods of lost time.
Read MoreRegistration Open for H&W 2017 Seminars!
We are pleased to announce that registration is now open for our 2017 New York Workers' Compensation Defense Seminars. Click through to see the agenda and sign up.
Read MoreCourt Affirms Board Refusal to Reopen PPD Case But Rescinds Penalty Assessed Against Carrier
In Andrews v. Combined Life Insurance, decided 1/19/17, the Appellate Division affirmed the Board’s denial of a carrier’s application to reopen a claimant’s permanent partial disability claim to address attachment to the labor market where the claimant failed to respond to inquiries about his efforts to find employment and rejected the carrier’s offer of a vocational assessment.
Read MoreAppellate Division Decision Creates Challenges for Carriers Seeking to Admit Video Evidence
Maffei v. Russin Lumber Corp., decided 1/19/17, has created potential pitfalls for carriers seeking to introduce video surveillance as evidence. The decision holds that video surveillance must be produced and entered into evidence at the time of an expedited hearing, even if submission of the video was raised for the first time at that expedited hearing. Additional language in the decision may support an argument for extension of this rule to cases outside of the expedited hearing process. We invite you to review our full analysis of the Maffei decision on our website.
Read MoreH&W Webinar on Medicare Advantage Plan Recovery
This webinar will take place on Thursday, February 23, 2017, at 1 p.m. Click "Read More" to register.
Read MoreAmendment to VFBL and VAWBL Increases Permanent Total Disability Rate
Recent amendments to Section 8 of the Volunteer Firefighters’ Benefit and Volunteer Ambulance Workers' Benefit Laws increase the rate for claimants with permanent total disabilities (PTD) from $400 per week to $600 per week.
Read MoreCourt Sets Minimum Level of Conduct for Full Disqualification of Benefits After Fraud Finding
In Kodra v. Mondelez International, Inc., decided on 12/1/16, the Appellate Division appears to set a minimum threshold level of conduct for imposition of the discretionary penalty of disqualification from all indemnity awards when a claimant has violated the fraud statute under WCL §114-a.
Read MoreAppellate Division Rules that Federal Lawsuit for Sexual Discrimination, Assault is 3rd Party Action Requiring Carrier's Consent to Settle
Shiner v. SUNY at Buffalo indicates that when there is any doubt about whether a claimant’s civil lawsuit falls within the scope of the definition of a third-party action under WCL §29, the claimant acts at his or her peril by settling that lawsuit without first seeking consent of the workers’ compensation carrier.
Read MoreH&W Obtains §114-a Fraud Finding at Appellate Division
In Leising v. Williamsville Central School District, our firm successfully convinced the Appellate Division to reverse a Board finding that the claimant did not commit workers' compensation fraud under WCL §114-a.
Read MoreCourt of Appeals Issues Two Decisions in November
Two new decisions are out from the Court of Appeals, the highest court in NYS and one which rarely accepts WCL cases for review.
Read MoreBoard Announces New Opioid Weaning Process
The Board has announced a new hearing process for opioid weaning issues. The RFA-2 form has been modified to include a new hearing purpose under the “Medical Issues” section of the form labeled “Opioid Weaning under Non-Acute Pain Guidelines.” To use this section of the form, the Board is requiring an Independent Medical Examination or records review which states weaning is appropriate and provides a weaning program or resource.
Read MoreRecent Developments in Loss of Wage Earning Capacity
On 11/3/16, the Appellate Division, Third Department ruled in three decisions that the Board can consider vocational factors in determining the weekly rate of compensation for permanently partially disabled claimants. This represents a departure from prior decisions regarding the determination of a claimant's weekly compensation rate and clarify that the Board need not base the compensation rate for permanently partially disabled claimants solely on medical impairment.
Read MoreHamberger & Weiss Elects Nicole Graci to Partnership
We are pleased to announce that Nicole Graci has been elected as a partner in the firm, effective January 1, 2017.
Read MoreCourt Affirms Need for Active Participation in the Labor Market
In Walker v. Darcon Construction Co., the court found that simply signing up and waiting for work was not enough. The claimant had to pursue other employment or vocational retraining.
Read MoreCourt Again Finds Vocational Factors Irrelevant to Compensation Rate
The Court's language in Franklin V. New England Motor Freight indicates that the same rules apply for temporary and permanent partial disabilities. This is in keeping with the holding in Canales v. Pinnacle Food Group.
Read MoreIllegal Drug Sale Conviction Forms Basis for Successful Section 114-a Fraud Claim
The principle that an illegal activity, such as drug dealing, could form the basis for a fraud claim under §114-a was litigated by our firm and affirmed by the Appellate Division in Johnson v. New York State Dep't of Transportation, 305 A.D.2d 927 (3d Dep't 2003), which was cited by the court in Adams.
Read MoreTerranova Case Accepted for Review by N.Y. Court of Appeals
We have now learned that the Court of Appeals has granted leave to appeal, meaning that it will hear the case and, assuming perfection of the appeal by the claimant, make a decision on the merits.
Read MoreA Primer on Penalties
In recent months, the Board has stepped up penalty efforts against carriers. The good news is that they are often avoidable for the vigilant claims handler. The following general rules should help to avoid penalties...
Read MoreBoard Announces Pharmacy Benefits Plan Recommendations
The Board wants to hear from stakeholders via an online survey. The Board is seeking input into how prescription medication benefits are prescribed, approved, dispensed and paid for in NYS WCL claims.
Read MoreSpecial Alert for Third-Party Administrators
New Board Rules effective 10/3/16 (12 NYCRR §300.13 et sec.) do not require service of Applications for Administrative Review, Rebuttals or Applications for Reopening/Reconsideration on third-party administrators even when the Board includes the third-party administrator in the notice of hearing or decision. This means your defense counsel may not receive the Application either and it's up to you to follow up on it.
Read MoreH&W Webinar on Drug Weaning Strategies
Please join us for a free webinar on November 17, 2016. The topic will be narcotic weaning programs and the use of MTGs to control drug costs.
Read MoreWAMO Taking Over SFCC S32 Authorizations
Effective 7/25/16, Special Funds is no longer extending settlement authority under Sections 15(8)(d) or 14(6). All authority requests are now being handled by the Board's Waiver Agreement Management Office (WAMO). This means parties must follow WAMO's procedures for requesting settlement authority, including use of its checklist.
Read MoreNew Board Rules for Applications for Board Review
Effective October 3, 2016, new Board Rules provide that carriers and self-insured employers will no longer be able to stay payment of awards upon the filing of an Application for Mandatory Full Board Review. The new Rules published in the State Register will impose this and other new restrictions on parties filing Applications for Board Review, Applications for Full Board Review and Requests for Reconsideration.
Read MoreCourt Gives Carrier Full Credit on SLU After 3rd Party Settlement Without Contribution to Litigation Costs
The Appellate Division, Third Department, found that a workers’ compensation carrier can take full credit on a SLU awarded after the settlement of the claimant’s third-party action without any further contribution to litigation costs for use of that credit. In Terranova v. Lehr Construction Co., 139 A.D.3d 1309 (3d Dep’t 2016), the Third Department held there is no Burns payment when utilizing a third party action credit against a subsequent SLU award.
Read MoreDepartment of Financial Services Approves 9.3% Premium Rate Increase
Effective 10/1/16, New York's Department of Financial Services (DFS) approved a 9.3% increase in workers' compensation premiums requested by the New York Compensation Insurance Rating Board (NYCIRB). NYCIRB attributed two-thirds of the rate hike to the 2014 closure of the Special Fund for Reopened Cases (25-a fund).
Read MoreOpioid Weaning Plans Offer Opportunity to Help Claimants, Reduce Costs
The Board is now issuing decisions consistent with our argument that opioid medications should be weaned in the absence of improved pain and function and replaced with more effective treatments, such as non-opioid medications, behavioral modification techniques, and/or active therapies. This represents a cost savings for employers and carriers and even more importantly, provides a path for injured workers to escape the scourge of addiction.
Read MoreBoard Stops Double-Counting Range of Motion Findings in SLU Awards
Recent Board Panel decisions have confirmed that range of motion deficits for abduction and forward flexion should not be added together in determining schedule loss of use for the arm.
Read MoreJune Appellate Division Decisions of Note
Decisions were issued in June for issues related to Burden of Proof for Causal Relationship and Penalty for Fraud.
Read MoreCuomo Appoints 6 New Board Members; Beloten Out, Munnelly New Chair
Governor Cuomo named six new Workers' Compensation Commissioners and appointed current Board member Kenneth J. Munnelly as Chair. The new appointments bring the Board composition back up to the full complement of 13 commissioners. The Board has been operating with vacancies since the end of 2014.
Read MoreSpecial Alert: Board Appeals Appellate Division's Reopening of WCL §25-A Fund to Court of Appeals
Read MoreLexis Nexis order form for NY Workers' Compensation Handbook, 2016 Edition
Read MoreAppellate Court Reopens WCL Section 25-a Reopened Case Fund
Read MoreMedicare Seeks Direct Recovery of Conditional Payments from Carriers and Self-Insured Employers
Read MoreAnnual Client Workers' Compensation Seminar 2016
Buffalo--March 15, 2016 at Samuels Grande Manor Syracuse--April 19, 2016 at Doubletree Hotel
Read MoreAnnual Client Workers' Compensation Seminar 2015
Buffalo--March 17th, 2015 at Samuels Grande Manor Syracuse--March 31st, 2015 at Doubletree
Read MoreWe are pleased to announce that John Cordon has been named a partner in the firm effective January 1, 2015
Read MoreJoseph DeCoursey, Richard Holstein and Kristin Machelor presented a Mock Fraud Trial at the New York Self Insured Counties Association Conference in Corning, NY on October 10.
Read MoreMark Hamberger attended the AMCOMP conference in New York City October 8-10.
Read MoreSusan Duffy, Renee Heitger and Nicole Graci presented at the NYSBA WC Update CLE seminar in Buffalo, NY on October 17.
Read MoreSusan Duffy and Ronald Weiss attended the NWCDN Conference in Chicago, IL September 24-26.
Read MoreWe are pleased to announce that John Terzulli has been named a partner in the firm effective January 1, 2014.
Read MoreWe are pleased to announce that Kristin Machelor, Colleen Willis, Joseph DeCoursey and Van Thai have been named Partners and Kim Brewer and Nicole Graci have been named Special Counsel effective January 1, 2013.
Read MoreSusan Duffy was elected a Fellow in the College of Workers’ Compensation Lawyers
Read MoreWe are pleased to announce that Karen Darling has been named a partner in the Firm effective January 1, 2011.
Read MoreMark Hamberger has been inducted as a Fellow in the American College of Workers' Compensation Lawyers.
Read MoreOur new office address is effective June 8, 2009.
700 Main Place Tower 350 Main Street Buffalo, NY 14202
Read MoreWe are pleased to announce that Janice Atwood, Prudence Philbin and Richard Holstein have been named partners as of January 1, 2008
Read MoreRONALD WEISS has been inducted as a Fellow in the first class of the American College of Workers' Compensation Lawyers.
Read MoreWe are pleased to announce that MARY KAY LAFORCE has been named partner. She joined the firm in 1998.
Ms. LaForce graduated cum laude from Siena College and received her J.D. degree from the State University of New York at Buffalo. She is a member of the Bar Association of Erie County and the New York State Bar Association. Ms. LaForce is the current Chair of the Erie County Bar Association's Workers' Compensation Committee and is a UB Law School Mentor Program Volunteer. She will be resident in the Buffalo office.
Read MoreRonald Weiss named the New York representative of the National Workers' Compensation Defense Network
Defense Network We are pleased to announce that the firm of Hamberger & Weiss has just become a member of the National Workers' Compensation Defense Network (http://www.nwcdn.com/). Mr. Ronald Weiss is their New York representative.
Read MoreRussell D. Hall Named Partner
We are pleased to announce that RUSSELL D. HALL has been named partner. He joined the firm in 1996.
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