It Has Been Decided: PPD Awards Under The Statutory Caps Do Not Extend Beyond The Date Of Death
From the Desk of Attorney David L. Niefer PRACTICE TIP: If you are paying PPD non-schedule awards, those awards will terminate as of the date of death even if there are additional weeks owed under the statutory cap. After the enactment of the statutory caps on PPD…
The Return of Apportionment Before Permanency
PRACTICE TIP: Under compelling circumstances, an apportionment can be implemented with regard to medical and indemnity treatment prior to a finding of MMI/permanency. In the Full Board Panel Decision of Robert Macvie Inc., WCB G2036125 (8/11/20), the NYS WCB…
When Producing Surveillance Evidence, Follow This Simple Rule: Disclose It All
From the Desk of Attorney David L. Niefer PRACTICE TIP: While the rules of evidence governing the admissibility of surveillance evidence in a New York State workers’ compensation proceeding are liberal, the party producing surveillance evidence must have a witness…


