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Federal Workers’ Compensation

6/9/2009
Evan Ahlers
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American Recovery and Reinvestment Act

On February 17th, President Obama signed the American Recovery and Reinvestment Act of 2009 into law. The Act is an extraordinary response to what may be our nation's biggest economic crisis since the Great Depression. It includes measures to modernize our nations infrastructure, fight for energy independence, expand educational opportunities, create affordable health care, and to provide tax relief. The Occupational Safety and Health Administration (OSHA) will help ensure that workers protection laws are enforced as recovery infrastructure investments are carried out. The OHSA will do this by enforcing its standards, providing free consultation services to small employers and through outreach programs to employees and employers, making them aware of hazards and worker protection in affected industries and job classifications.

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5 DEADLY SINS THAT CAN DERAIL YOUR NEW YORK WORKERS COMPENSATION CASE - WRITTEN BY ATTORNEY BRIAN M. MITTMAN -- READ THIS AND YOU MAY HAVE A SHOT AT RECEIVING BENEFITS.

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We handle cases throughout Westchester County (White Plains, Yonkers, Mt. Kisco, Ossining, Port Chester, Mt. Vernon, New Rochelle, Mamaroneck, Larchmont), New York City (Bronx, Brooklyn, Staten Island, Manhattan, Queens) and Long Island.

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3/18/2009
Evan Ahlers
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The Right to Choose Your Healthcare Provider

Soon the right to select your own treating physician in a worker’s compensation claim may be permitted nationally. A development in Iowa has ignited national interest in granting claimants the right to choose their own medical provider.

An interest group has even been formed on Facebook called, “Iowians for Workers Choice of Doctor.” According to the group, “Life is about more than just work…In Iowa, if you are injured on the job, employers can decide which doctor treats you. You choose what foods you eat and which exercise you do, but they can choose who is best to care for you.”

The bill was introduced as Iowa Senate Bill 1119. “Too much has been made of how much this is going to cost a company and not enough on how this affects an individual and their personal lives,” said Democratic Sen. Bill Dotzler of Waterloo.
Most states already have granted this right to their workers. Studies have shown the employees who are free to choose their own doctor are more confident in their medical care and are more likely to have a full recovery.

Contact Us: Markhoff & Mittman PC 866.205.2415 or info@markhofflaw.com

Serving disabled individuals and their families since 1933. We handle cases througout New York City, Bronx, Brookyln, Queens, Long Island, Westchester and Rockland. We have offices in White Plains, Monsey, Bronx, East Meadow and NYC! Call us or email us today.

The Markhoff & Mittman Team!

Labels: Workers Compensation

2/11/2009
Brian M. Mittman
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Can I Please Have Some Privacy?

According to Risk & Insurance Magazine, the U.S. House of Representatives recently introduced legislation that would create a national commission to evaluate the effectiveness of each state’s workers’ compensation laws. The criteria which would be used would be whether each state’s regulations provide an adequate, prompt and equitable system of compensation and medical care for injury or death arising in the course of employment.

Joe Baca, who introduced this legislation, had this to say:

“I am proud to introduce this responsible legislation, which creates a long overdue commission to study the validity of current state workers' compensation laws…More than 35 years have passed since our government took a serious look at the effectiveness of workers' compensation laws. Access to proper benefits and medical care after on-the-job injuries is a right every American worker deserves. I am hopeful this legislation will bring us closer to updating and modernizing our state workers' compensation laws to ensure they remain effective in this new century.”

We will have more information as it becomes available.

Labels: legislation Workers Compensation

New York State Workers’ Compensation

2/26/2010
Brian M. Mittman
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Moving forward after a workplace accident in New York

Few things compare to the pain – mental and physical – of being seriously hurt at work, and finding yourself unable to return to your job. How are you going to make ends meet? What is your family going to do? Will you lose everything because of a workplace injury?

In New York, an on-the-job accident does not have to be the end of life as you know it. With a little help from a skilled, determined workers’ compensation attorney and a few words of advice, you can get yourself back on track.

If you or someone you love were seriously injured on-the-job, please make sure you take the following steps to protect your rights:

Report the incident to your employer right away. Even if you think you are okay, always report accidents. You don’t want to go home and find that you have a concussion. If you try to report an accident after the fact, your employer may not believe you and you could be left without benefits
Document everything! It is in your best interest to keep records of everything that happens, so you can back up your claim later if necessary. Keep track of all details related to your case.
Follow directions. This seems simple, but one way to improve your chances is to make sure you follow all directions – your employer’s policies, all reporting policies, your doctor’s instructions – everything. That way nobody can blame you for failing to do something properly!
Hire an attorney. Workers’ comp claims can be very difficult, and you could be left waiting a very long time for benefits, if you get them at all. A competent workers’ comp lawyer can improve your chances greatly.

Please contact the experienced New York workers’ compensation attorneys at Markhoff & Mittman today. Let us help you get your life back on track after a serious workplace injury.

Labels: New York workers compensation attorney NY hurt at work NY workers comp lawyer

1/29/2010
Brian M. Mittman
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Work Comp Medical Care seems to win out over Medial Forms!

Your Doctor doesn't have to worry about filling out the right form for your New York Workers Compensation claim - a recent directive from Robert Beloten, the Chair of the NY Workers Compensation Board has temporarily suspended the necessity of doctors using the new cumbersome medical forms in many counties surrounding Rochester, New York. He has also provided for payment to all doctors statewide who may have used an improper form but provided the actual care to injured workers.

Labels: beloten Injured Worker medical forms Workers Compensation Board

1/27/2010
Brian M. Mittman
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When an exercise injury makes you eligible for workers’ comp benefits

Picture this scenario: a woman is hurt while taking a yoga class offered by her employer on-site as a part of an employee fitness program. Employees were encouraged by their employer to join the class to get healthy and bond with one another. The woman claims that this constitutes a workplace injury, and files for workers’ compensation benefits. Should she get them?

According to the law in New York State, the answer is YES. Now, in New York, the law does say that you cannot collect workers’ compensation benefits if you are hurt while voluntarily participating in an off-duty athletic activity that is not a part of your work-related duties.

However, there are some exceptions. If your employer sponsors the athletic activity or if they require you to participate in the activity, you can receive workers’ compensation benefits if you are hurt.

This is an interesting situation that will likely become more frequent as the government, employers, and health insurance companies increasingly focus on employee wellness as a way to keep workers healthy and reduce health-related costs.

If you have any questions about whether or not your workers’ compensation claim is legitimate, or if you are having problems getting your workers’ comp benefits, don’t struggle alone. Please contact the skilled New York workers’ compensation attorneys at Markhoff & Mittman today.

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1/27/2010
Brian M. Mittman
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Losing your workers’ comp benefits – permanently

A recent case in New York has surprised workers across the state. A man accused of lying about a back injury that prevented him from working has been told he is ineligible for any further workers’ comp benefits – for the rest of his life.

In this case, Church v. Arrow Electric, a man injured his back while at work, and the injury was so serious that he had to have back surgery. He claimed that he could not work while he recovered, and was given workers’ compensation benefits.

In addition, the man claimed to have pain in his leg which caused him to limp, and as a result he was able to only lift small items.

However, his employer was suspicious and eventually caught him on video tape picking up and swinging his grandchildren. His employer argued that had the man really been unable to work or lift more than small weights, he should have been unable to pick up and swing around his grandkids.

In addition, the insurance company doctor observed the man walking in the parking lot without a limp, and reported him. Between the company doctor’s claim and the video tape, the man lost his case in state court.

However, not only did the New York Workers’ Compensation Board cut off his benefits, they also ruled that he was now disqualified from ever receiving workers’ comp benefits again. Pretty harsh consequences, indeed.

Labels: NY State workers' comp board workers compensation benefits

1/14/2010
Brian M. Mittman
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Workers Compensation, The Mets and Carlos Beltran

Carlos Beltran, the injured $119 Million Dollar Outfielder for the New York Mets undergoes right knee surgery due to his work related injury...is this really a workers compensation case?

Labels: Beltran Knee Surgery METS Workers Compensation

1/13/2010
Jane Fogelson
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Local Red Cross Details Ways to Help Haiti After Earthquake

National American Red Cross releases $200,000 in aid to help communities affected by earthquake in Haiti

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1/8/2010
Jane Fogelson
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NY Workers' Compensation Travel Reimbursement Rates Effective Jan. 2010

NY Workers' Compensation Travel Reimbursement Rates as of Jan. 1, 2010

Labels: Injured Worker mileage New York workers' comp claims NY workers compensation claim travel reimbursement Workers Compensation Attorney Workers Compensation Board workers compensation claim

1/4/2010
Brian M. Mittman
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NY WCB makes up the law, again?

NY Workers Compensation Board has the legal right to resolve conflicting medical evidence in the record, but 1) cannot make it up and 2) must rely on accurate legal standards and 3) must rely on correct factual assertions (you cannot misread the record!)

Labels: Injured Worker medical treatment Workers Compensation Workers Compensation Board

11/24/2009
Brian M. Mittman
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Do employers pressure healthcare workers to downplay workplace injuries?

In a word: YES.

The New York Times recently reviewed a GAO report that found workplace injuries are underreported by both employers and employees. However, the motivations are very different.

Employers, according to the report, underreport on-the-job accidents because they fear increases in their workers’ comp insurance and scrutiny from OSHA. Workers on the other hand will avoid reporting their injuries because they fear reprisals from their employer or they worry about being ostracized if their coworkers lose out on extra “goodies” given to employees as part of injury prevention programs.

Sure, nobody wants to get in trouble – that is understandable. But the problem is how widespread the deception is when it comes to workplace injuries. The GAO found that 53 percent of health practitioners have reported pressure from company officials to downplay the severity of workers’ injuries. An additional 47 percent of health practitioners were even pressure by workers themselves to downplay injuries.

What is going on? Are workplaces so adversarial these days that workers would rather suffer in silence than receive proper treatment after an on-the-job accident? Are employers so arrogant that they think they can avoid paying what they owe to take care of their workforce by pressuring doctors or buy doctor-shopping?

Injured workers: you don’t have to live in pain and worry how you’ll ever get better without the proper treatment. Attorneys like the experienced workplace injury lawyers at Markhoff & Mittman have helped so many men and women in New York just like you. Please contact them today to take your first step towards JUSTICE!

Labels: employer workers comp issues injured worker justice on-the-job accident workplace injury workplace injury lawyers

11/13/2009
Brian M. Mittman
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New York Workers Compensation Board Issues First Decision on "Caps"

The 2007 New York State Workers Compensation Reform made many changes. One of the most sweeping changes was to limit the number of weeks an injured worker with a permanent partial disability could receive benefits (the Law did raise the weekly benefit rates for the first time in 14 years!).

These so called "caps" have, until today, not been implemented since there has been no guidence on how to detemine an injured workers "loss of wage earning capacity". This case is a first crack at it by the Workers Compensaiton Board. While I admit I do not like a lot of what has been spelled out, the WCB did give it a go and there are some positive as well as negative aspects for injured workers.

You decide!

CAPCASE

Labels: caps limits permanent partial disability

11/6/2009
Brian M. Mittman
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Mittman Appeal in Albany successfully overturns Wotkers Compensation Board ruling!

It's not often that you lose an issue at the Workers Compensation Hearing and Adminsitrative appeal level then appeal to the Court in Albany an have them overturn that loss. I'm pleased to note that I have just accomplished that feat in The Matter of Campos v. Richmond Home Need Services.

While it was on a "legal technical issue" nonetheless I was able to right a wrong. The Workers Compensation Board atempted to subvert my clients rights by issuing a techinical ruling and not allowing us to reach the merits. Now we have the opportunity to reach the merits!

http://www.markhofflaw.com/library/506475.pdf

Labels: appeal appellate division techinical rule Workers Compensation

10/25/2009
Brian M. Mittman
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Who can apply for NY workers’ comp death benefits?

If your family has been rocked by the loss of a loved one to an on-the-job accident, then take heart – there may be help for you. Immediate families of New York workers killed in a workplace accident are entitled to receive weekly compensation and reimbursement for funeral expenses.

Under the Workers’ Compensation laws, there are a variety of family members who can apply for death benefits after a worker dies on the job. A claim for compensation in a death case can be filed by:

The spouse of the deceased worker;
Children of the deceased who are under the age of 18 at the time of the worker’s death;
Children of any age who were blind of physically disabled at the time of death, as long as their disablement is total and permanent;
Grandchildren, brothers or sisters of the deceased who were under the age of 18 at the time of death and who were wholly or partially dependent on the deceased for financial support at the time of the accident;
Parents and grandparents of the deceased who were wholly or partially dependent upon the deceased for support at the time of the accident;
Children of the deceased, dependent grandchildren, dependent brothers or dependent sisters of the deceased under the age of 23 who are enrolled and attending as full-time students in any accredited education institution (as long as the worker’s death occurred on or after January 1, 1978).

The deceased worker’s spouse can file a single claim that includes their dependent child / children. However, each dependent grandchild, brother, sister, parent or grandparent must file their own separate claim.

You can read more about New York workers’ compensation death benefits in our law library article “What you need to know about workers’ comp death benefits”.

Labels: NY workers' comp Workers' comp death benefits

Westchester Workers' Comp Attorney

10/2/2009
Jane Fogelson
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Commissioner's Statement on the Employment Situation, News Release Issued Today

Today's report released by Commissioner Keith Hallindicates a 9.8% rate of unemployment with employment in construction decreased by 64,000 workers in September alone. Those fortunate enough to be holding onto their jobs should be careful if asked to take on additional workload -- exhaustion can too often lead to workplace injuries.

Labels: construction accident Injured Injured Worker New York workers' compensation attorney Workers Compensation Attorney Workers Compensation Board

9/28/2009
Brian M. Mittman
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9/11 Workers and Volunteers: Know Your Rights!

Were you or anyone you know working or volunteering during the events of 9/11? Were you hurt – or do you think you will suffer in the future because of the work you performed?

If you were hurt or are sick now is the time to register with the New York State Workers’ Compensation Board so you can file for medical and wage replacement benefits. If you are worried that your health could be compromised in the future, you should definitely register so that you don’t lose out on any benefits should you indeed become ill.

There is one year left for Ground Zero workers and volunteers involved in rescue, recovery or cleanup to register. The deadline for registration with the Board is September 11, 2010. Unfortunately, many people who bravely worked long hours in dangerous conditions were not from New York City, and aren’t aware that they could be eligible for benefits. They also aren’t aware that they are vulnerable to developing 9/11-related health conditions in the future.

Workers and volunteers who want to register with the Board do not have to meet any residency or citizenship requirements. Immigration status does not affect eligibility, either. The bottom line is that anybody brave and selfless enough to help during and after 9/11 deserves to be compensated if they have suffered as a result of their work.

Anyone who performed paid or unpaid rescue, recovery or cleanup work in lower Manhattan south of Canal or Pike Streets sometime between September 11, 2001 and September 11, 2002 can register. Workers at the Staten Island landfill, the New York City morgue, temporary morgues, or on barges between Manhattan and Staten island are also eligible.

If you or someone you know is eligible – protect your rights and register TODAY.

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8/21/2009
Brian M. Mittman
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Why do insurers fight so hard to avoid paying workers’ comp benefits?

The widow of a firefighter was recently in the news because she finally won New York workers’ compensation benefits after her husband died shortly after leading a training exercise. It took the widow about two years to file for benefits, but only because she didn’t realize that she was eligible for workers’ comp benefit after her husband’s unexpected death.

Not only did the insurer deny her claim – stating that she waited too long – but they also said that there was no way she could prove that his heart attack had anything to do with the firefighter training exercise he had just led. Oh really?

Fortunately for the widow her husband’s death had already been recognized by the National Fallen Firefighters Foundation as being caused by the stress and exertion of the training exercise.

An advocate for the Foundation told the widow that she was entitled to a Bureau of Justice Assistance Grant because of her husband’s death, and that she should also apply for workers’ compensation benefits.

If it wasn’t for the helpful Foundation advocate, this unfortunate widow would have no idea that she deserved benefits because of her husband’s sacrifice. Yet, despite all her husband had done – he was a 38 year firefighting veteran – and despite the posthumous recognition he received, the insurance company DENIED her claim.

Sadly, this scenario is all too common. Insurers are very quick to deny workers’ comp claims, and grieving families are especially vulnerable as they don’t always have the resources to pursue benefits. If you or someone you know ever find yourself in this situation, PLEASE don’t hesitate to talk to a workers’ comp attorney. You deserve so much better than a rude denial from a heartless insurance company!

Labels: New York workers' comp claims New York workers' compensation attorney NY workers compensation claim

8/17/2009
Jane Fogelson
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Send Gov. Paterson a Message Today!

Grassroots support makes a difference!! Please click here and send Gov. Paterson a letter of support for the LaCroix Bill which will help injured workers in New York State.

Labels: Workers Compensation Workers Compensation Attorney Workers Compensation Board

8/15/2009
Brian M. Mittman
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NY Workers Compensation Medical Treatment Guidelines - Final Comment Time!

CRUNCH TIME!

It has been almost two and a half years since the passage of the 2007 Spitzer New York Workers Compensation Reform legislation. Finally, I think, the Workers Compensation Board is about to adopt a limited set of Medical TREATMENT guidelines.

What's the importance of this? Under the Reform legislation the WCB, through the State Insurance Department Task Forces, was tasked with creating medical guidelines to help injured workers, employers, insurance companies, attorneys and all others figure out how to best apply the new law in a level, consistent and meaningful way.

The WCB is finally seeking to adopt, as a final regulation, medical TREATMENT guidelines for the lower back, cervical spine, shoulder and knee. Four parts out of the whole body, but its better than nothing.

During a conversation I had with former Chair Weiss he expresed to me the belief that the TREATMENT guidelines would help clean up a rather messy and inconsistent system where everytime a doctor requests treatment it was more likely to result in an Independent Medical Exam instead of a quick review and approval of the needed treatment for the injured worker.

I applaud this attempt since at least you can figure out if the course of treatment that a particular injured worker is receiving is appropriate. However, the delay and confusion over the guidelines doesnt help answer whether they are reasonable, appropriate and so forth.

However, it must be remembered that these TREATMENT guides only address treatment for limited aspects of the injured worker. These are NOT the guidelines for helping figure out how disabled a person is or what that persons impairment is as a result of the medical condition caused by a work related injury.

Nevertheless, if you have an interest you should review the TREATMENT guidelines and make any final comments before September 9, 2009. You can send comments to regulations@wcb.state.ny.us. (For details see Subject No. 046-346)

Labels: back guidelines knee medical treatment neck shoulder Workers Compensation

8/11/2009
Jane Fogelson
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NEWSLETTER -- Introducing M&M News, Markhoff & Mittman's New Monthly Newsletter

We're pleased to introduce our new newsletter, M&M News. Our new monthly newsletter will feature a "question of the month" and "ask the attorney." The question this month is "If I pay for transportation to and from my doctor, can I get reimbursed by my insurance company?" In "ask the attorney" Managing Partner, Brian Mittman, talks about why choose Markhoff & Mittman to help you with your case. How can this newsletter best serve you? Please e-mail JFogelson@markhofflaw.com and let us know!!!!

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7/31/2009
Brian M. Mittman
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How doctors cheat the NY workers’ comp system

This month’s arrest of a Brooklyn doctor on charges of insurance fraud highlights a little known source of fraud in the worker’s comp system: doctors. That’s right, the very same doctors responsible for treating sick and injured workers are stealing money from the system – billions of dollars every year according to some.

The Brooklyn doctor was caught when workers’ comp judges complained that his billing practices were suspicious. Investigators followed up, and sure enough they found evidence of a major fraud scheme. But this is just a drop in the bucket: how many other doctors are cheating workers out of benefits that they deserve for serious injuries sustained on-the-job?

There are a number of ways that doctors can defraud the system:

Performing not-so-independent medical exams on injured workers where no matter the type of injury the doctor submits insurance paperwork stating that the worker is ok to work.
Filling out medical exam paperwork and minimizing the injures that a worker has suffered so the insurance company doesn’t have to pay as much to a worker
Billing insurance companies for medical exams that they didn’t perform (the Brooklyn doctor did this two ways: he billed insurers for more patient exams than one doctor could perform in a day and also billed for exams he supposedly performed while he was in fact out of the country).

But let’s be honest here: doctors are not alone in defrauding the system. Insurance companies themselves have a hand in much of the fraud committed by doctors, as they are the ones who will ‘doctor shop’ – they will seek out doctors willing to minimize workers’ injuries on paper so they can save money.

Don’t try to tackle this dirty system by yourself. If you have been injured on the job, please contact the attorneys at Markhoff & Mittman today for help fighting back.

Labels: New York workers' comp claims New York workers' compensation attorney NY workers' comp doctor fraud

7/22/2009
Brian M. Mittman
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New Head for Troubled NY Workers’ Comp System

The outgoing head of the New York Compensation System will be replaced by a longtime workers’ compensation judge recently appointed by Governor David Paterson. Last month Zachary S. Weiss announced that he was stepping down as chairman of the New York State Workers’ Compensation Board to accept a position as a judge in the Social Security system.

The new chairman, Robert E. Beloten, 56, has a long history with the NY workers’ comp board. He was a judge in the system from 1988 to 1996 and again from 2000 until he was named as one of the board’s twelve commissioners this past May. Over the years Mr. Beloten has lectured extensively on workers’ compensation and medical law.

Since Beloten is already a member of the workers’ comp board he does not need Senate confirmation. He took office on July 15. According to Beloten his first priority in taking over the $5.5 billion per year system – one of the largest in the country – is to reduce the amount of time it takes for claimants to receive benefits. Beloten will receive a salary of $120,800 as chairman.

Beloten faces some tough issues as head of the NY workers’ comp board. In addition to excessive wait times, recent investigations have uncovered fraud by doctors working for insurers, retaliation by companies against employees who file for workers’ comp benefits, and employers cheating on their insurance premiums – all which has created an adversarial and paralyzed system.

Former Chairman Weiss was only at the helm for about two years and attempted to make some changes, however critics contend that he did not go far enough. There is still much left to do, and Beloten has his work cut out for him.

Labels: New York workers' comp claims NY workers compensation claim Workers Compensation Board

7/3/2009
Jane Fogelson
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Longtime Paterson Friend Seen As Practical Fix for Comp System

As reported today, Robert Beloten is being viewed by attorneys on both sides of the bar as a practical solution to the New York workers' compensation system. I was quoted in the article commenting "Bob has taken a very balanced approach on workers' issues. No matter what you think of the reforms, he brings a very practical perspective in that he's worked within the system. It's a bit of a different perspective than Chairman Weiss."

Labels: compensation Workers Compensation Workers Compensation Attorney Workers Compensation Board workers compensation claim

New York Disablity Attorney Blog

Can You Get A Decision At The Hearing?

Date: 03/17/2010

Handling A Denial From Social Security

Date: 03/15/2010

Is Healthcare A Problem While You’re Waiting For Disability Benefits?

Date: 03/15/2010

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