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Reopened WCAB Office Has Seen Increase in Filings, Commissioners Say

06/28/2021
best. Zalewski said commissioners were apologetic over delays in case rulings but granting some cases for study was necessary to eliminate the pressures of deadlines and to ensure the board can appropriately rule. The board sometimes will grant cases for study if it's waiting to see how federal

Category: News

State Senator Wants Reprieve for Members of Failed Trust

05/02/2014
A New York state senator is calling on the State Workers' Compensation Board to grant a reprieve to home health care businesses that owe 188 million for claims to their bankrupt self-insured group trust according to a report in the New York Daily News. Sen. Tony Avella D-Queens wrote the board

Category: News

VasquezSerafin

01/01/2009
. Specifically the WCJ noted at page 2 paid petitioner's lien at 200 of the Medicare allowance which was the accepted procedure prior to establishing a fee schedule. She further did a geographical equivalent study using six local hospitals. To reach a reasonable amount she averaged the DRG value and the

Category: Panel

DWC Has Return-to-Work Grant Money Waiting for Takers

11/13/2009
suggests is better for long-term recovery. A study by Rand Corp. concluded that both employers and injured workers benefit when employees return to work as soon as possible Injured workers recover from their injuries faster and suffer less wage loss and employers reduce costs on replacement workers

Category: News

WCAB Lacks Authority to Act on Petition for Reconsideration After 60 Days

12/19/2023
of the petitioner and due to circumstances entirely beyond his control. More than nine months after CIGA filed its petition for reconsideration the WCAB issued an order granting reconsideration to allow an opportunity for further study. The order also cited Shipley for the principle that an order

Category: News

HernandezReina

04/01/2019
GRANT OF RECONSIDERATION AND DISMISSING PETITION FOR RECONSIDERATION Defendants. 10 ll t2 On January 142019 we granted reconsideration in order to allow us time to further study the in this case. We have considered the allegations of the Petition l3 factual and legal issues l4 Reconsideration

Category: Panel

GarciaEsther

06/01/2014
evidence and testimony of witnesses if any. Therefore we grant defendant's Petition for Removal and we rescind the order that the parties select a facility for a sleep study. We express no opinion as to whether the sleep study is required. For the foregoing reasons IT IS ORDERED that defendant's

Category: Panel

GonzalezClaudia

07/01/2017
found that "applicant's requests for referral for consultation for evaluations with 16 otorhinolaryngology and a gastroenterologist and a sleep study constitutes medical treatment referrals" 17 and that the WCAB does not have jurisdiction over medical treatment referrals. In his Opinion on 18

Category: Panel

VargasConstanzaMedina

07/01/2017
found that "applicant's requests for referral for consultation for evaluations with 16 otorhinolaryngology and a gastroenterologist and a sleep study constitutes medical treatment referrals" 17 and that the WCAB does not have jurisdiction over medical treatment referrals. In his Opinion on 18

Category: Panel

Obesity Can Kill Me? What Could Be Worse!?

04/07/2015
Actuaries using data from the 1979 Build and Blood Pressure Study. As a young lawyer I was surprised to learn that obesity was viewed in the same category with these other medical conditions. I looked up that average weight and did the math. I found myself barely under the mark for the label "

Category: Industry Insights

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