Markhoff & Mittman Blog

Workplace Injury and Litigation Group Passes Resolution denouncing the AMA 6th Medical Guidelines

Please read this resolution, outlining in succinct detail why the AMA 6th Edition is anti-injured worker and should continue to be denounced and not used by State Workers' Compensation Boards! Resolution.

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AMA Defeated in NY, at least for now!

A hearty thanks to the Workers Compensation Alliance and all those fighting for injured workers in New York! As per the recent article in WorkCompCentral.com, the new administration has seemingly decided to take an approach which will start by looking at and attempting to revamp the 1996 NYS Workers' Comepnsation Medical Guidelines. Dr. Brigham and his cohorts behind the AMA 6th will have to go elsewhere to push their anti-injured worker views! While we cannot tell how the new guidelines will play out, at least the parties involved in the system will be able to provide input that is relevant, insightful and useful!

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NYC Hosts "Construction Safety Week"

New York City is hosting the 4th Annual Construction Safety Week.  This year's schedule of events includes a number of class and seminars designed to advance safe construction practices.  All programs are free and a schedule can be found here.

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Doctors to Employers: Stop Downplaying Workers' Injuries!

The American College of Occupational and Environmental Medicine (ACOEM) has sent a letter to federal workplace safety regulators outlining their growing concern with companies that downplay worker safety issues.  Dr. Robert McLellan, president of ACOEM, says that the 5,000 doctors he represents “feel they are being methodically pressured . . . to under-treat and mistreat” their patients because of pressures from employers.

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TOTAL INDUSTRIAL DISABILITY AND THE NEW YORK WORKERS COMPENSATION BOARD

President Dennis Hughes, of the New York State AFLCIO, has recently posted an insightful editorial on the AFLCIO website discussing the role of state agencies, the political appointees in those agencies and the disturbing trend of those appointees to overturn factual findings of hearing officers in order to promote a political agenda. In particular, a recent decision by the Courts in New York overturned an attempt by the New York State Workers' Compensation Board to deny benefits of a total industrial disaiblity to a worker, even though the facts found by the law judge (hearing officer) were accepted by the Board itself! Can you imagine, the hearing officer found an injured worker, with limited English, an inability to gainfully return to employment and a permanent partial disability to have a total industrial disability, yet the Board (the entity that handles appeals in workers' compensation cases), agreeing with all of the factual findings, nevertheless, found that worker to not have a total industrial disabiilty. The Court, encouraginly, took the Board (consisting of political appointees!) to task, and overturned the decision, in essence reinstating the hearing officers findings. A hearty thank you to the workers' compensation attorneys involved, the judges, and Dennis Hughes for providing workers in New York with this important informaiton!

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Injured Workers Will Suffer Again!

Once again it is the injured worker in New York who will suffer due to the failings of the Insurance Industy in New York and the New York State Workers Compensation Board. See news article Self-Insureds

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How Many Workers' Comp Insurers Were Lying to Regulators?

American Insurance Group (AIG), the company who was accused by then-governor Eliot Spitzer in 2006 of underreporting premiums for the purposes of funding the New York Workers' Compensation Reinsurance Pool, is now accusing other companies of doing the same thing.

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149 Busted for Workers' Comp Fraud in 2007

The New York State Insurance Department has released a report giving the details of the 708 arrests in 2007 related to insurance and health-care fraud.  The North Country Gazette reports that while the number is up 17%, officials suspect the increase is due to better detection software, not more criminals.  The Frauds Bureau electronic tracking software became fully operational in 2007 and allows insurers to electronically submit suspected fraud reports to the Bureau.

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Thanks to Workers Compensation Alliance for showing us the real face behind the Spitzer Administration

The AMA Medical Guideline sneak attack gets worse. Through the efforts of the Workers' Compensation Alliance additional information has been unearthed showing that the Spitzer Administration has been co-opted by the Business Council since day one! Spitzer said no caps, no AMA, yet this evidence shows that the AMA has always been on the table. Click the link to read to full story on the WCA website! Support the WCA in its fight!!!!

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450,000 New Yorkers Might Miss Tax Rebate Check

When the IRS sends out tax rebate checks this May and June, as many as 450,000 New Yorkers will miss out if they don't remember to file a 2007 tax return, estimates a story in Newsday.  While most Americans will recieve money just by doing what they do every year - filing a tax return - many seniors and disabled residents may not recieve checks.

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SSA to Hire 144 New Judges

The Social Security Administration has some good news for those with pending Social Security Disability claims - the SSA has offered jobs to 144 new Administrative Law Judges.  According to a February 26, 2008 press release, the SSA will have the new judges report for duty in April to recieve training.  Review of case files should follow shortly thereafter.

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Insurance Carriers Change IMEs!!

It never ends. Take a look at this link...Did you know that Independent Medical Examiners actually change their opinoins or modify their reports based on what the insurance company asks them to do!!!! Liar Liar Liar

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Independent Medical Exams are NOT independent!!!!

The insurance companies in workers' compensaiton and personal injury accident cases in New York rely on alleged "independent medical exams"(IME's). These exams, for anyone who has dealt with them are neither independent and often not medical! See the link below - the Insurance companies often consipire with the IME companies to provide bogus medical exams that greatly effect a persons right to receive benefits! And people say there is frivilous litgation! Sham Medical Exams

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AMA Rears its ugly head in New York!

The New York State Workers Compensation Medical Guidelines Task Force has seemingly been compromised! The head of the committee, Bruce Topman has hired the anti-claimant, carrier favorite Chris Brigham to alleged translate the AMA Guidelines for Permament Impairment into New York Guidelines! Our friends at the Workers' Compensaiton Alliance have provide excellent information. Please take a look. Workers' Comensation Alliance.

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AMA Guidelines, NY Workers Compensation and problems on the horizion!

Injured workers in New York are about to be betrayed by Governor Eliot Spitzer for a second time.  First, when he was running for Governor our organization raised over $10,000 and hosted a reception on his behalf in April 2006.  At the time, the Governor stated that he was not in favor of "caps" on permanent partial disabilities.  Well, we all know he flip-flopped on that issue.

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SSA Unveils Plan to Unclog Hearing Backlog

At the beginning of the 2007 Fiscal Year, there are more than 63,000 pending requests for hearings that were at least 1,000 days old.  By the end of that year, the Office of Disability Adjudication and Review (ODAR) had whittled that number down to 108. 

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New York Recieves "C+" for Emergency Medicine

The American College of Emergency Physicians has given New York a grade of "C+" for the ability of the state's emergency medical care system to meet the needs of its residents.

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Proposed Forms New York Workers' Compensation - Public Comment period

In an effort to implement the recently enacted changes to New York Workers' Compensation Law, the Workers' Compensation Board has attempted to revamp and modify the basic claims forms necessary for filing a workers' compensation claim (the C-2 Employer Notice of Accident; C-3 Injured Workers' Notification of Accident; C-4 Doctors Report of Injured Worker). These changes will have far reaching consequences. It is strongly suggested that everyone affected by the Workers' Compensation Law (injured workers; employers; attorneys; doctors; insurance company workers) review these documents and make comments during the public comment period which ends January 25, 2008. These forms can be seen and commented upon only on the New York State Workers' Compensation Board Website www.wcb.state.ny.us. Please take time and look and comment, it is so important!

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