PRACTICE TIP: Carefully evaluate permanency opinions to make sure physicians are not adding Range of Motion and Special Consideration SLU's together. In the 2022 decision of Matter of Blue v New York State Office of Children and Family Services, 206 A.D.3d 1126 (2022) the Appellate Division held that if a Special [...]
PRACTICE TIP: In order to limit additional indemnity awards, do not let a prior PPD ruling prevent ongoing claim administration. The New York State Appellate Division has affirmed a ruling of the WCB holding that injured workers are entitled to indemnity awards post-cap when causally related surgery results in temporary disability. [...]
From the Desk of Attorney David L. Niefer PRACTICE TIP: Early and complete investigation is critical in successfully defending occupational disease claims. In Urdiales v. Durite Concepts, Inc., 21 N.Y. WCLR 199 (11/18/21), the Appellate Division affirmed a decision of the Board disallowing an occupational disease claim for exposure to [...]
