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WHY SO BLUE? CLAIMANTS DON’T GET THE BENEFIT OF BOTH ROM DEFICITS AND SPECIAL CONSIDERATIONS

  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 [...]

WHY SO BLUE? CLAIMANTS DON’T GET THE BENEFIT OF BOTH ROM DEFICITS AND SPECIAL CONSIDERATIONS2024-12-23T09:31:07-05:00

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 considered whether apportionment is appropriate prior to a finding of permanency.  In [...]

The Return of Apportionment Before Permanency2023-04-27T13:23:11-04:00
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