All of our attorneys who appear before the Workers’ Compensation Board have many years of experience in the field of workers’ compensation law. Every attorney appearing on behalf of our firm has extensive litigation skills and is familiar with all issues that may arise while representing a client for a workers’ compensation claim. Following each hearing, a detailed hearing report is produced and sent to our clients in a timely manner. Each report includes direction for further claim handling.
The taking of testimony of medical and vocational witnesses is often directed by Workers’ Compensation Law Judges. Our firm has appeared at thousands of depositions to represent our clients. Our attorneys are knowledgeable with regard to the Workers’ Compensation Board’s Medical Treatment Guidelines and Permanency Guidelines. Application of these Guidelines is imperative to the taking of testimony of medical experts and to the successful resolution of claims.
When an unfavorable decision is rendered by a Workers’ Compensation Law Judge, our detailed hearing reports will advise our client as to the issues presented and will give our opinion as to whether an Application for Review of the decision will be successful. Our Applications for Review, as well as our rebuttals of an adversary’s application, are always complete with supporting legal arguments. When necessary, supporting case and statutory law is cited within our applications. We have been successful on many occasions in having unfavorable decisions of Workers’ Compensation Law Judges reversed, rescinded or modified. We have also successfully processed appeals to the Appellate Division, Third Department.
Section 29 of the New York Workers’ Compensation Law allows employers to recover payments for certain benefits from a claimant’s net recovery from a third party action law suit. The New York courts have continued to develop this area of law, making it imperative for carriers to know their rights and proper procedures for recovery of these liens. Our attorneys have diligently kept up to date on the most current law regarding these issues in order to help our clients to recover liens and take credit for future payments whenever possible.
Under limited circumstances, New York law allows a carrier to recover a portion of Workers’ Compensation benefits paid from another carrier who holds liability in a motor vehicle accident. We are happy to discuss the facts of a claim and, if loss transfer applies, we are experienced with negotiation or arbitration of the claim.