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Markhoff & Mittman Blog

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New York State Workers’ Compensation

6/24/2009
Brian M. Mittman
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Can the next NY Workers’ Comp Board Chairman fix these issues?

In our article “Issues Facing the Next New York Workers’ Comp Board Chair” we outlined some issues that will need to be addressed by the next NY Workers’ Comp Board Chair.  With the departure of Chairman Zachary S. Weiss the Board will need a gutsy reformer able to herd all the workers’ comp cats in one direction in order to implement more much needed change.

 

While we commend Mr. Weiss for the work he did while he was Chairman, there are still a number of issues that remain to be addressed.  Wrangling with the Board is challenging enough, but cracking down on rogue employers, stingy insurance companies, and duplicitous doctors will take some skill.  But more reform is sorely needed to ensure that our injured workers are treated fairly and get the compensation they deserve when injured on the job.

 

A quick summary of issues still facing the Board:

  • Catching employers who underreport the size of their workforce to avoid paying insurance premiums
  • Ensuring employers pay the full amount they owe for workers’ comp insurance premiums
  • Making sure that “independent” medical exams are really independent
  • Cracking down on doctors who tell insurers only what they want to hear, even when faced with a truly injured worker
  • Dispelling the myth that workers’ comp fraud is mainly perpetrated by workers who pretend to be injured, when the problem is much, much bigger.

 

Want to read more about workers’ comp issues in New York?  Please visit our law library for a host of detailed articles.



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