Attorney Blog

NEW: Social Security Disability benefits for Early Onset Alzheimer's

bmittman@markhofflaw.com (Blog Author)27390 — Fri, 26 Feb 2010 08:00:00 EST

This month the Social Security Administration expanded the list of conditions that are considered part of their compassionate allowance program. One of the most notable additions to the list of compassionate allowance conditions was early-onset Alzheimer’s disease.

This condition affects around 200,000 people in the U.S. under the age of 65, and is the sixth leading cause of death in this country. Before this change, the SSA did not even consider Alzheimer’s to be a disability, and patients with the early-onset version were being denied Social Security medical benefits because they were under the age of 65.

After a hearing last summer and a five month long of public comment period, the SSA finally decided to include early-onset Alzheimer’s disease to the list of conditions covered by the compassionate allowances program.

This is great news for Alzheimer’s victims and their families, as it allows sufferers to receive expedited access to Social Security Disability Insurance. Not only do victims and their family have a place to turn when Alzheimer’s strikes young, but they can also get their application fast-tracked so they can get needed help that much faster.

You can read more about the compassionate allowance program in our law library article “Can I Fast-Track my Social Security Disability Application?” Also please visit the Social Security’s Compassionate Allowance page to read more about this program.

Work Comp Medical Care seems to win out over Medial Forms!

bmittman@markhofflaw.com (Blog Author)25919 — Fri, 29 Jan 2010 08:00:00 EST

Form over Substance Hurts Workers Injured on the Job!

In order to make the system more user friendly, collect needed information and speed up the process the NY Workers Compensation Board and our friends in Albany undertook to create these positives through the 2007 workers compensation law reform and subsequent administrative mandates and changes.(Please note, the goal is worthy but the result, hmmm) The new Chair of the Workers Compensation Board Robert Beloten, has been handed a difficult task and has begun to try and correct “the best intentions” of his predecessors and the ingrained psyche of the bureaucrats at the WCB!

Simple situation – in a workers compensation case doctors need to provide useful information about injured workers, doctors need to get paid, and the parties (claimant, insurance, wcb, attorneys) need to know some basic “medical things” from the doctor to continue with the case…not too bad. Ye Olde C-4 form was great for this. Instead the former administration spent over $150,000 to have the single medical form redesigned into one of at least six forms, and from one page to multiple pages! (so much for user friendly)

RESULT – in the Rochester NY area the largest orthopeadic medical practice STOPPED treating workers compensation claimants. Doctors around state have scrambled to fill out forms, modify computer systems and figure out how to fill out these new forms. And because of this, forms are not being filled out properly (but how can you when you need to site medical guidelines that don’t yet exist!) and many carriers are denying payments to doctors due to these “technical” issues. And I personally have seen treatment denied to my clients for the very same reasons. YIKES!
A bright light? Recently there seems to be some brighter light at the tunnels end. I applaud Chairman Beloten for his recent directive (Subject Matter 0476-398)

In sum he has directed the Workers Compensation Board to suspend the requirement of doctors in the counties of Monroe…form having to use the new C-4 forms, and allowing them to use the standard insurance form HF-1500 as long as it is submitted with appropriate evidence (an unfortunate problem that the use of the C-4 form would alleviate, but you can’t have your cake and eat it too, ask Mr. Madoff!). Secondly, some Law Judges and Workers Compensation Board Employees, along with some carriers were using the various forms as a sword against doctors who mistakenly filled out the forms by denying medical payment even though the form was submitted – this course of action has been suspended Statewide! ( but this also has its own problems) so take your pick of the C4, C4.2, C4.3, C4-Auth, C-4AMR and so on!

It’s a start, and I again applaud the common sense approach aimed at helping the most important person in the world of Workers Compensation – the injured worker! Quality medical care is a start, and requires quality doctors!– Stay tuned

Losing your workers' comp benefits – permanently

bmittman@markhofflaw.com (Blog Author)25785 — Wed, 27 Jan 2010 08:00:00 EST

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.

When an exercise injury makes you eligible for workers' comp benefits

bmittman@markhofflaw.com (Blog Author)25783 — Wed, 27 Jan 2010 08:00:00 EST

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.

Social Security Disability Benefits -- Attend FREE Seminar in NY

bmittman@markhofflaw.com (Blog Author)25416 — Thu, 21 Jan 2010 08:00:00 EST

Due to an overwhelming response, we've scheduled another FREE seminar in Manhattan focusing on obtaining social security disability benefits. Check it out if you have questions about Federal Social Security Disability Benefits. If you have worked all of your life and are now unable to continue because of a disabiling condtion this is valuable information.

Workers Compensation, The Mets and Carlos Beltran

bmittman@markhofflaw.com (Blog Author)25075 — Thu, 14 Jan 2010 08:00:00 EST

Talk about silly! Although I am out of town on business today I received an emai alert on my blackberry based on recent workers compensation news. And to my suprise its about the New York Mets $119 Million Dollar outfielder Carlos Beltran!

Yes - Beltran underwent right knee surgery this past week. The Mets are not Happy, Beltran doesnt seem to be happy and everyone is blaming everyone (see the ESPN blogpost) BUT that is not my point here.

My point is simple. Everyone seems to acknowledge that this is a WORKERS COMPENSATION CASE!

First - who cares. The money involved is so great, why would a professional baseball organization even go through the facade of having compensation and not just opting out of the system

Second - if it were you or I who were injured, trust me, there would be no way we would see a doctor today and have surgery tomorrow, the Insurance Carriers have at least 30 days to review a surgical reuqest!

Third - it's 2010 - it is workers compensation, not workmans!

UGH! I deal with legitimately injured workers who are out of work, need medical care and are struggling to survive, and the news I get is about the $119 million dollar man and the billion dollar owners of the Mets being upset...GET REAL!

Local Red Cross Details Ways to Help Haiti After Earthquake

bmittman@markhofflaw.com (Blog Author)24987 — Wed, 13 Jan 2010 08:00:00 EST

To those of you with friends and family in Haiti - our prayers and thoughts are with you. We are all saddened by the depths of this natural disaster.

We wanted to share this information from the American Red Cross should you need. "People trying to locate U.S. citizens living or traveling in Haiti should contact the U.S. Department of State, Office of Overseas Citizens Services, at 1-888-407-4747 or 202-647-5225. For inquiries about relatives living and who have citizenship in Haiti, please be patient and call repeatedly until the lines clear or contact other family members who live nearby. Telephone, Internet and other communication lines are often disrupted in times of disaster." You might also want to visit this site http://your4state.com/content/fulltext/?cid=95782 if you are looking for ways to help communities in Haiti who have been affected.

NY Workers' Compensation Travel Reimbursement Rates Effective Jan. 2010

bmittman@markhofflaw.com (Blog Author)24707 — Fri, 08 Jan 2010 08:00:00 EST

One of the questions we are frequently asked is the amount of reimbursement injured workers receive for travel to and from their doctors. Effectively Jan. 1, 2010 the reimbursement rate has been changed to 50 cents per mile. Please make a note of this. Click here to see notice from the NYS Workers Compensation Board.

NY WCB makes up the law, again?

bmittman@markhofflaw.com (Blog Author)24419 — Mon, 04 Jan 2010 08:00:00 EST

As a practitioner before the NY Workers Compensation Board it is often to my consternation that I have a perfectly good case or claim from a legal persepective and the powers that be at the WCB make a ruling that seems to bend and twist the legal standards and guidelines, often to the detriment of my client, or even to my advesarys detriment when they have the better (did I say that!) arguement.

Well, in a short but well reasoned decision, the Appellate Division, Third Department (the only Appeals Court that can hear Workers Compensation claims in NY) reversed the WCB (that is overtunred the WCB ruling) and sent the case back to the WCB to be properly reviewed.

The basis of the reversal was pretty simple (and a bit embarrassing). The WCB asserted the correct legal standard - the WCB "has the right to determine conflicting medical evidence if supported by substantial evidence". But the Court went on to note that the WCB, in Carlucci v. Omnibus the WCB

1) Relied on an inaccurate legal standard
2) Based its decision on incorrect factual assertions
3) Based its decision on a misreading of the record

In short, the WCB relied on the WCB Medical Guidelines (1996) for back injuries, but this was NOT a back injury.

Result, reveresed and sent back to the Board.

LESSON -- Really, really READ your decisions.

I would add one additional step - check the actual cases the WCB sites in its decisions, they are often wrong!

w

Social Security Disability claims backlog continues to rise – what does this mean for YOU?

bmittman@markhofflaw.com (Blog Author)23994 — Sun, 27 Dec 2009 08:00:00 EST

As the job market continues to worsen and more and more baby boomers find themselves in need of help, applications for Social Security Disability continue to skyrocket.

What does this mean for you? It means that the SSD claims backlog is just getting bigger and bigger – which means that if you have a claim or appeal in “the system”, you’ll have to wait longer and longer. And with some states furloughing claims processors in a misguided attempt to save money, the SSA is struggling even harder than ever to keep up.

What can you do about it? One way you can improve your odds of getting your claim approved the first time around – or getting your appeal approved after an initial claim denial – is to get help from an experienced law firm. A good SSD claims lawyer will work with you to make sure your disability claim application is filled out correctly, and will stay on top of your case to make sure nothing falls through the cracks.

Given how much information the SSA requests on their disability claim application forms, it is no surprise that many people make mistakes or accidentally leave out crucial information. That is where we can help – we know how to ensure your application is complete and accurate, and we know who to contact to keep things moving forward.

Read how a skilled Social Security Disability claims attorney can help you in our law library article “Could a Social Security Disability Attorney make a difference with your claim?” and if you’ve had a claim denied please read “Don't Let A Denial End Your Pursuit For The Benefits You Deserve”.

Three Reasons to Hire an Attorney for your Social Security Disability Claim

bmittman@markhofflaw.com (Blog Author)22590 — Sun, 29 Nov 2009 08:00:00 EST

Considering an attorney to help you with your Social Security disability claim? Here are three reasons you might want an attorney to help you with your claim:

An experienced Social Security disability claims attorney will understand the application process and what is expected for an initial claim or for an appeal. This knowledge is valuable and means that your application will be submitted on time and with all required information. This greatly increases your chances of success.
A good SSD claims lawyer knows how to review your medical records and ensure that your application accurately reflects your medical condition. It is important to ensure that your medical records are complete and show that you have a condition covered by SSDI.
Experienced SSD attorneys are familiar with the local Social Security offices and know how to work with Administrative Law Judges (ALJs). They can keep on top or your claim or your appeal to make sure that it keeps moving forward and that any issues that arise are addressed.

Remember – about 65 percent of all SSD claims are denied the first time around. If you submit an accurate and complete application or if your appeal is thorough and addresses any previous issues, you greatly improve the likelihood that you’ll be awarded benefits. These are all things that a lawyer can help you with.

Do employers pressure healthcare workers to downplay workplace injuries?

bmittman@markhofflaw.com (Blog Author)22365 — Tue, 24 Nov 2009 08:00:00 EST

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!

New York Workers Compensation Board Issues First Decision on "Caps"

bmittman@markhofflaw.com (Blog Author)21736 — Fri, 13 Nov 2009 08:00:00 EST

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

Mittman Appeal in Albany successfully overturns Wotkers Compensation Board ruling!

bmittman@markhofflaw.com (Blog Author)21297 — Fri, 06 Nov 2009 08:00:00 EST

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

Why no cost-of-living increase in 2010 will hurt seniors

bmittman@markhofflaw.com (Blog Author)20527 — Sun, 25 Oct 2009 08:00:00 EST

On October 15 the Social Security Administration (SSA) announced that there will be no cost of living adjustment (COLA) for Social Security recipients next year. This means that about 57 million Americans who receive Social Security checks because they are retired, disabled or veterans will not get a bump to help them make ends meet.

The SSA justified this move by citing a lack of consumer price inflation, which in their minds means that it should not cost seniors and disabled individuals any more to eat and pay bills next year than it does right now.

This disappointing announcement comes after last year’s well-received 5.8 percent COLA increase – the largest in the last 25 years. Social Security recipients also received a $250 payment last spring, a move that may be repeated as lawmakers try to soften the blow.

Another $250 payment for retired, disabled or veteran Social Security recipients would cost the government around $13 billion. Advocacy groups like AARP are not happy about the lack of COLA and agree that the $250 payout would help individuals suffering in this bad economy.

As people watch the values of their nest eggs, retirement funds and home values plummet, the news that there will be no COLA is not good. Considering the skyrocketing cost of healthcare and prescription drugs, many elder or disabled Americans are already struggling.

It remains to be seen if Congress will approve another much needed $250 check for Social Security recipients.

NEW BLOG POST - Disabled Sports USA redefining what disabiilty means

bmittman@markhofflaw.com (Blog Author)19478 — Sun, 04 Oct 2009 08:00:00 EST

Check out a recent post on WWW.NYDISABILITYATTORNEYBLOG.COM discussing the National organization Disabled Sport USA, a not for profit organization dedicated to improving the life of disabled Americans based upon sports, fitness and education by developoing independence, confidene and fitness in those with physical and mental disabilities.
http://www.nydisabilityattorneyblog.com/its-how-you-define-disability

Did you know that October is National Disability Employment Awareness Month 2009?

bmittman@markhofflaw.com (Blog Author)19450 — Fri, 02 Oct 2009 08:00:00 EST

Can you work if you are disabled?
Absolutely!

October is National Disability Awareness Month and has been so since 1945, shortly after the end of the Second World War. A time when hundreds of thousands of unfortunately newly disabled veterans were returning home to try and get back to a normal life.
Today, hundreds of thousands of American Workers are disabled yet able to work. (See Brian Mittman's New Blog post)

Believe it or not, if you are out on New York Workers Compensation or seeking Social Security Disability, knowing how to try to get back to work if you are disabled is an important part of your life. Take this month to either help someone find work, or provide the resources and encouragement for those with disabilities to return to work.

Regardless of your politics, its encouraging to note that the American Recovery and Reinvestment Act has provided for disabled Americans by:

- providing over $500 million to reduce Social Security Disability case Backlogs

- provding $12.2 billion in funding to the Individuals with Disabilities Education Act (IDEA)

- providing $87 billion to States to bolster their Medicaid programs

- providing $500 million for vocational rehabilitation services to help with job training, education and placement.

If you have a disability, I want to see you return to work. However, if you have questions, contact us at Markhoff & Mittman so that we can let you know about what benefits and programs exist for you!

Commissioner's Statement on the Employment Situation, News Release Issued Today

bmittman@markhofflaw.com (Blog Author)19414 — Fri, 02 Oct 2009 08:00:00 EST

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.

Don't panic if your Social Security Disability Claim was denied

bmittman@markhofflaw.com (Blog Author)19193 — Wed, 30 Sep 2009 08:00:00 EST

It is easier said than done: don’t panic if you find out that your Social Security disability claim was denied. With disability claims up 20 percent these days because of the recession, many more people are finding out that their claim was denied – but it doesn’t mean that you aren’t eligible for benefits.

Make sure you read the determination very carefully to find out why you were turned down. In many cases, there is something fairly simple that you can do to strengthen your claim and get it through an appeal.

What can you do to improve your chances on appeal?

First of all DON’T GIVE UP. If you really feel stuck, talk to a SSD claims attorney for help.
Using your determination letter as a guide, provide any information that was missing in your original claim.
Fully describe all aspects of your disability and how it affects your ability to work. Some people assume that the claims examiner can figure it out on their own. They can’t – you need to be very clear.
Make sure your doctor provides information that backs up your claim, and make sure that your medical condition is actually covered by SSD.

Get more tips for your SSD claim in our law library article “Three Quick Tips for a Successful Social Security Disability Claim”. Please contact our office if you’d like to talk to an experienced disability claims lawyer for no cost or obligation.

9/11 Workers and Volunteers: Know Your Rights!

bmittman@markhofflaw.com (Blog Author)19053 — Mon, 28 Sep 2009 08:00:00 EST

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.

Are you caught in the Social Security Disability claim recession backlog?

bmittman@markhofflaw.com (Blog Author)17467 — Wed, 26 Aug 2009 08:00:00 EST

The sour economy is bad enough for many Americans, but for those unable to work because of illness or injury, times are especially tough.

If you have recently suffered from an illness or injury that leaves you unable to work, you may have already applied for Social Security Disability (SSD) benefits. Unfortunately, you are part of a recent trend that shows no signs of slowing. What can you do?

Since two-thirds of initial SSD claims are rejected, your best bet is to make sure your initial application is as complete as possible. If you are rejected you can always appeal, but that will add time to your wait – time you may not have.

Some tips to keep in mind:

Make sure your illness or disability actually makes you eligible for SSD benefits. You can find this information on the SSD website, or you can ask an attorney for help.
Make it clear in your paperwork that you have a covered disability or illness. Fill out all the required paperwork, and make sure that your doctor provides you with the necessary documentation – and that your doctor’s description of your condition matches the SSD description of what is covered. The SSD won’t just take your word that you have a covered disability!
Expedite your claim if you can. Certain disabilities and illnesses – or certain people like military folks – can speed up their claim. Read more about expedited claims in our law library article “Can I Fast-Track my Social Security Disability Application?” and “How ‘Wounded Warriors’ can get expedited Social Security Disability help”.

If you want help from an experienced SSD benefits lawyer, please contact our offices. We would be happy to help you get the benefits you need in these tough times.

Why do insurers fight so hard to avoid paying workers' comp benefits?

bmittman@markhofflaw.com (Blog Author)17264 — Fri, 21 Aug 2009 08:00:00 EST

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!

Send Gov. Paterson a Message Today!

bmittman@markhofflaw.com (Blog Author)17025 — Mon, 17 Aug 2009 08:00:00 EST

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.

NY Workers Compensation Medical Treatment Guidelines - Final Comment Time!

bmittman@markhofflaw.com (Blog Author)16951 — Sat, 15 Aug 2009 08:00:00 EST

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)

NEWSLETTER -- Introducing M&M News, Markhoff & Mittman's New Monthly Newsletter

bmittman@markhofflaw.com (Blog Author)16736 — Tue, 11 Aug 2009 08:00:00 EST

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!!!!

New Head for Troubled NY Workers' Comp System

bmittman@markhofflaw.com (Blog Author)15666 — Wed, 22 Jul 2009 08:00:00 EST

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.

Longtime Paterson Friend Seen As Practical Fix for Comp System

bmittman@markhofflaw.com (Blog Author)14779 — Fri, 03 Jul 2009 08:00:00 EST

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."

New Chair of New York Workers' Compensation Board Announced

bmittman@markhofflaw.com (Blog Author)14731 — Thu, 02 Jul 2009 08:00:00 EST

As a New York Workers Compensation Law Firm we were pleased to read about the appointment of Robert E. Beloten as the next Chair of the New York Workers' Compensation Board in yesterday's New York Times. White Plains Workers Compensation law firm partner Stu Muroff commented, "I have appreared before former Workers' Compensation Law Judge Beloten on many occasions. A well reasoned and fair determination could always be expected from him. I am confident that Commissioner Beloten will take his expertise from the bench and apply it to his new position as Chairman. I wish him all the best in his new position." Having a Chair with real compensation world experience will help all parties, particularly injured workers navigate the complex world of workers compensaiton.

NY Workers Comp Board Hunting for Delinquent Business Owners

bmittman@markhofflaw.com (Blog Author)14092 — Sun, 21 Jun 2009 08:00:00 EST

Fraud and incompetence have been big issues for the New York Workers’ Compensation Board; they face issues from unacceptably long wait times for injured workers to receive compensation to biased medical exams paid for by insurance companies.

What is the latest controversy from the Board? In the last 10 weeks the NY Workers’ Comp Board has filed ten thousand judgments against businesses accused of failing to pay what they owe in workers’ comp premiums. The filings are the result of an effort to clear a backlog going back to 2006.

Technology has allowed the Board to sniff out businesses that might owe money for workers’ comp premiums. The Board has been cross-checking NY state databases to come up with a list of businesses that need follow-up.

A spokesperson for the Board said that the recent 10,000 judgments were backlogged due to a staff shortage. Letters were originally sent to the businesses in question in 2006, and since the Board received no reply the issue was handed over to a collection agency.

In cases where the business in question can’t be found or the Board doesn’t get a response – like with these 10,000 businesses – a judgment is filed by the Workers’ Comp Board. The spokesperson stated that the Board was “open to discussing these fines with employers.”

The Board may be out of luck in many cases. Since it has taken so long for them to issue judgments, many businesses have closed and no longer exist. Any money they are able to collect will go to the Workers’ Compensation Uninsured Employers Fund. This fund is used to pay claims for workers injured at companies without insurance.

Voluntary Withdrawal?

eahlers@gmail.com (Blog Author)14064 — Sat, 20 Jun 2009 08:00:00 EST

In a recent decision (VanWinkle v. Harden Furniture), the Appellate Court ruled that a woman who took a less physically strenuous job due an injury suffered at her previous place of work did not voluntarily remove herself from the job market and is entitled to her full workers' compensation benefits.

Melissa VanWinkle was a woodworker for Harden furniture. In October of 2004 she suffered a work-related back injury. She was away from work for three months, but returned with the restriction that she not handle anythingheavier than 10 pounds. She continued working until August 2005, but found that her job required her to lift heavier objects. She asked for a transfer to a less physically demanding office position, but her employee told her that none were available. This forced her to resign and take a lower paying but less strenuous job.

Her former employee contended that this signaled a voluntary withdrawal from the labor market, meaning she would not receive the benefits she was entitled too. However, the court took the side of Ms. VanWinkle

Chairman of Workers' Compensation Board Resigns

bmittman@markhofflaw.com (Blog Author)13607 — Fri, 12 Jun 2009 08:00:00 EST

I had the pleasure of personally working with Chairman Weiss as both an advocate for injured workers and as a representative of the Workers Compensation Alliance. While there were times for disagreements and not seeing eye-to-eye, I can say Chairman Weiss always had his door open and was willing to talk, listen and take action.

I wish him the best of luck and perhaps we will cross paths in the world of social security disability insurance!

Worker's Compensation Laws in New York

eahlers@gmail.com (Blog Author)13599 — Fri, 12 Jun 2009 08:00:00 EST

Workers' Compensation Laws in New York

In New York employers are required to have workers' compensation insurance for their employees. Workers' compensation provides benefits to cover lost wages and medical expenses of workers who have been injured or become sick at their workplace. Death benefits are also provided to family members of workers who have died from a work-related injury or illness. Workers are entitled to workers' compensation regardless of whether or not they are partially or wholly at-fault.

New York's Scaffold Law

New York's Scaffold Law (Labor Law §240) requires all general contractors and building owners to provide safe equipment for employees who work at elevated heights. If safe equipment is not provided and a worker is injured, the worker may sue either or both parties.

Filing a Personal Injury Claim

Workers' compensation provides limited benefits to injured workers. Personal injury lawsuits allow workers to collect damages for all of their losses, including pain and suffering. In most cases injured workers who file a claim and accept workers' compensation are not allowed to file a personal injury lawsuit against their employer. However, there are certain situations that allow workers to also file a personal injury lawsuit. If a third party acted intentionally or negligently in causing the injury, a personal injury lawsuit may be filed. Common third parties include equipment manufacturers, distributors and sellers, property owners, architects and sub-contractors.

Conclusion

It is important that construction workers are aware of their workers' compensation rights in New York. Workers should be wary of small employers new to the area or those have a history of cutting corners when it comes to worker safety. An experienced workers' compensation attorney can help injured workers get reimbursed for their injuries.

Saving Costs, or Endangering Workers?

eahlers@gmail.com (Blog Author)13487 — Wed, 10 Jun 2009 08:00:00 EST

Saving Costs, or Endangering Workers?

When the economy takes a downturn, there will always be those who attempt to profit from the misfortunes of others. Lately, an influx of federal stimulus money in New York has done nothing but encourage these types of people to try and get a piece of the pie.

The federal stimulus' focus on construction and other projects has led to the increased creation of fly-by-night construction companies who look to profit by exploiting hard-working people who need work. New York law requires that employers provide workers' compensation insurance for their employees and to comply with workplace safety regulations. However, many employers are falling short of their legal obligations. Because of this workers are getting hurt and are left without many options when facing medical bills and lost wages after injuries. Some of these companies have even begun to offer settlements to workers in exchange for the worker agreeing to not pursue legal action or contact an attorney. Injured workers should NEVER accept a settlement without contacting an attorney first. The employers offer these settlements to prevent workers from being compensated the full amount they are owed.

While we at the White Plains offices of Markhoff & Mittman understand that all workers may not be able to identify companies that cut corners on safety and lack workers' compensation insurance, we want all workers to be aware of their legal rights. In a later post we will quick a overview of New York's workers' compensation laws.

American Recovery and Reinvestment Act

eahlers@gmail.com (Blog Author)13429 — Tue, 09 Jun 2009 08:00:00 EST

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.

How Should I Protect Myself During a Pandemic?

eahlers@gmail.com (Blog Author)13373 — Mon, 08 Jun 2009 08:00:00 EST

Lately it seems as if the only news you hear about is another case of swine flu. As scary as it sounds, there are steps you can take to reduce the risk of becoming ill. The best strategy is to avoid crowded settings. If you must be in a crowded area minimize your time there. Also, here are some basic hygiene and social distancing precautions that can be used in every workplace:

Stay home if you are sick.
Wash your hands frequently with soap and water for 20 seconds or with a hand sanitizer if soap and water are not available.
Try not to touch your nose, mouth and eyes.
Coughs and sneeze into a tissue, or cough and sneeze into your upper sleeve. Dispose of tissues in no-touch trash receptacles.
Wash your hands or use a hand sanitizer after coughing, sneezing, or blowing your nose.
Avoid close contact (within 6 feet) with coworkers and customers.
Always wash your hands after physical contact with others.
If you wear gloves; wash your hands after removing them.
Keep frequently touched surfaces (telephones, computer equipment, etc.) clean.
Do not use other workers' phones, desks, offices, or other work tools and equipment.
Minimize group meetings.
Limit unnecessary visitors to the workplace.
Maintain a healthy lifestyle; attention to rest, diet, exercise and relaxation helps maintain physical and emotional health.

Renowned Occupational Medicine Physician Named Interim Medical Director

bmittman@markhofflaw.com (Blog Author)13209 — Thu, 04 Jun 2009 08:00:00 EST

The appointment today of Dr. Stephen Levin as the interim medical director of the NYS Workers Compensation Board is great news for injured workers and the workers compensation system. Dr. Levin has spent his career dedicated to improving the health of ill and injured workers and brings a wealth of experience to this new position.

Are federal and state officials sending mixed messages about federal disability fraud?

bmittman@markhofflaw.com (Blog Author)12780 — Tue, 26 May 2009 08:00:00 EST

The federal government spends a staggering amount of money on the federal disability program. Critics contend that much of the money spent is being wasted, and that more should be done to combat this wasteful spending. To that end President Obama has pledged $4.3 billion over 5 years to fight disability fraud.

Administration officials contend that the skyrocketing cost of federal disability – up 65% from 2001 to 2007 – is the result of fraud. Fraud stemming from a lack of oversight. So the question is, will this fraud-busting $4.3 billion really make a difference?

Some argue that the increase in benefit recipients over the last few decades is the result of a loosening in disability requirements. These days more people – especially children and the mentally ill – qualify for federal benefits than in the past. So the increase in cost can’t be blamed on fraud alone.

In addition, some of the moves taken by states as a result of the economic recession will make it harder to ferret out cases of fraud. Because of budget cuts, many states have laid off claims examiners. This means that not only will the claims backlog increase, but the number of reviews of existing cases that can be done will drop.

Nobody wants a federal disability system riddled with fraud, but the government seems to be sending mixed messages. How can they make noise about combating fraud while at the same time backlogs are growing as claims examiners are shown the door because of ever shrinking states budgets?

New York Reports Its First Swine Flu Death

bmittman@markhofflaw.com (Blog Author)12130 — Mon, 18 May 2009 08:00:00 EST

The Department of Health and doctors are reporting that the swine flu is a mild strain and flu deaths we are seeing in NY are no more than every other year. Can we be sure? An increased number of schools are closing due to flu-like symptoms in increased numbers of students. Workers experiencing flu like symptoms should take precautions and stay home, businesses should encourage workers not to return to the workplace until they are symptom free.

Are the politics of favoritism hurting your workers' comp case?

bmittman@markhofflaw.com (Blog Author)11986 — Thu, 14 May 2009 08:00:00 EST

Anyone who has had even the slightest brush with the New York workers’ comp system knows that there are problems. In fact, the delays and run around that workers experience once they enter the system keep some injured workers from even bothering to apply for the compensation they need and deserve.

What has happened to a system that was created to quickly take care of the needs of injured workers in New York? One problem cited in a New York Times investigation is the political nature of compensation board appointments. Ideally, people appointed as commissioners would be the best qualified to do the job – reviewing opinions generated by board lawyers – but in reality it is, according to one commissioner, “political employment for the politically connected.”

According to another former commissioner, injured workers are the ones who suffer because of appointments made for political reasons. Problems arise when politically appointed commissioners don’t know much about the relevant workers’ comp laws, only work a few hours a week, and don’t bother to read all the decisions they sign and approve.

For many years the New York workers’ comp system was known for being extremely expensive for businesses yet stingy to workers. If the system is taking in so much money in premiums, where is it all going? To under-qualified political appointees who want to work as little as possible for over $90,000 a year?

Injured workers deserve better. If you’re worried about your workers’ comp claim, talk to somebody who can help, somebody who can fight for your rights. Contact the attorneys at Markhoff & Mittman today.

Totally Disabled Workers Need A "Safety Net"

bmittman@markhofflaw.com (Blog Author)11934 — Wed, 13 May 2009 08:00:00 EST

One of the objectives of the 2007 Workers Compensation Reform was to provide a safety net to those most severely injured workers so that they’d continue to receive benefits. This has not happened. In fact some of the most severely disabled individuals who have also been found totally disabled under social security disability could be denied benefits. In order to remedy this unacceptable situation the NY Workers Comp Alliance has proposed legislation that would help these very individuals. They set-up a process so that we can send Governor Paterson, Senate Majority Leader Smith and state legislators an a-mail requesting their support for this much needed legislation. Please visit http://www3.capwiz.com/nyworkers/issues/alert/?alertid=13302936&PROCESS=Take+Action or click here, and make your voice heard! We need your support!

Understanding Depression - Often Seen in Long Term Workers Compensation Claims

bmittman@markhofflaw.com (Blog Author)11888 — Tue, 12 May 2009 08:00:00 EST

This article addresses a very common occurance in those fighting workers comp claims and out of work for a long period of time -- depression. It looks at two types of depression and suggested courses of action should you find yourself in this situation.

The Disability Mess

bmittman@markhofflaw.com (Blog Author)11880 — Tue, 12 May 2009 08:00:00 EST

Today's New York Times addresses the impact the 2010 budget will have on the county's Social Security program. The White House proposes to spend $4.3 billion over five years to fight fraud associated with disability claims. Read complete article.

Occupational Safety and Health Administration (OSHA) issues $61,000 in fines against Newburgh NY Packaging Company

bmittman@markhofflaw.com (Blog Author)11445 — Wed, 29 Apr 2009 08:00:00 EST

The U.S. Department of Labors Occupational Safey and Health Administration recently issued $61,000.00 in fines against a Newburgh NY bottling company.

The fines were for violations including:

- blocked exit doors and routes;
- a blocked and restricted fire suppression system;
- an inadequate flammable storage room;
- improper storage of flammables;
- adequate electrical equipment; i
- inadequate personal protective equipment;
- lack of hazard communication training;
- and various machine guarding hazards.

While there was no information available from OSHA or the New York State Workers Compensation Board about actual injuries at the facility, it is clear that this Company placed very little value on the safety and well-being of its employees. The $61,000 in fines seem inadequate for the magnitude of the harm that could befall the employees of this Company! Good for OSHA!

Injured on the job? A simple chart will determine what your injury is worth

bmittman@markhofflaw.com (Blog Author)11435 — Wed, 29 Apr 2009 08:00:00 EST

There are many ways that workers can be injured on the job. Sharp blades can chop off fingers, falls from high ladders can cripple backs, loud explosions can damage hearing, flying objects can blind eyes, and much more.

Some of the most devastating types of injuries occur when a worker permanently loses the use of a part of their body. They may lose their eyesight, hearing, or the use of an arm or a leg. In these situations, workers turn to the New York workers’ comp system to secure compensation for their injuries. After all, with permanent damage they deserve to be taken care of.

What many workers are surprised to find out is that a simple chart determines the amount of compensation they’ll receive. That’s right, if you can no longer use one of your limbs a chart – prepared by state authorities – will decide what that injury is worth.

The chart lists the number of weeks pay that each injury is worth, paid out in a lump sum. For example, permanent loss of the use of an arm is worth a lump sum payment of 312 weeks of wages. Lose sight in one eye? That’s 60 weeks of wages. Chop off the tip of your thumb and you’ll get 75 weeks of pay, but your big toe is only worth 38 weeks and each little toe another 16.

This might seem strange or unfair or heartless but it is the way that the workers’ comp system tries to be ‘fair’. Now you can probably see why injured workers hire experienced attorneys to fight for their rights!

Workplace incentives for staying safe – progressive or misguided?

bmittman@markhofflaw.com (Blog Author)11427 — Wed, 29 Apr 2009 08:00:00 EST

Businesses and workers have every interest in keeping their workplace safe. Owners don’t want to lose workers to injury, and of course workers don’t want to be sidelined after an accident, unable to provide for their families. However, one way of encouraging workers to stay safe is drawing criticism.

Some companies reward workers with bonuses if the workplace stays accident-free for a certain period of time. On the plus side, workers have an additional reason to work carefully and look out for each other. On the downside, this can create an environment where an injured worker may feel pressure from coworkers to not report an injury, or they may feel harassed if they do report one. Cynics even contend that this kind of internal worker pressure if just the type of environment that employers are trying to create to keep injury claims down.

Some ‘incentives’ intended to keep workers injury-free are even more unpleasant. One manufacturing plant uses a program of progressive discipline for when workers repeatedly sustain injuries that the employer believes to be partially the workers’ fault. In this case, workers first receive a verbal warning, then a written warning, then probation, then five days of suspension, and finally dismissal.

The workers’ comp claim system has become so adversarial in recent years that some workers don’t bother filing claims when they are hurt on the job. What does it say about the workers’ comp system in New York if we allow workers to be injured while at work, and then let them be pressured into keeping quiet about it?

NY Assembly and Senate Proposed Bill Helps Support Injured Workers

bmittman@markhofflaw.com (Blog Author)11378 — Tue, 28 Apr 2009 08:00:00 EST

The Chairs of the Labor Committees in both the New York State Senate and Assembly are sponsoring companion bills to provide a "safety net" for some of the most vulnerable citizens in the New York State workers' compensation system - permanently totally disabled workers.

Senator George Onorato is sponsoring S.2781 and Assemblywoman Susan John is sponsoring A.2135 regarding how the Workers' Compensation Board determines permanent total disability under the New York Workers' Compensation Law.

This important legislation provides a way for the most seriously disabled workers to ensure receipt of benefits based on strict standards of Social Security Disability and New York Workers Compensation!

Read more at the NY Workers Compensation Alliance Blog!

Do you need more information on Workers Compensation?

New Book Helps Injured Workers Protect Their Rights

bmittman@markhofflaw.com (Blog Author)11180 — Wed, 22 Apr 2009 08:00:00 EST

5 Deadly Sins That Can Derail Your New York Workers' Compensation Case -- Avoid Them and You May Have a Shot at Receiving Benefits! discusses a topic that can happen to anyone -- what to do when you have been hurt on the job or if you are unable to continue working due to a disability. This guide includes information you'll want to read BEFORE you hire an attorney and before you speak with the insurance adjuster.

Employees vs. Employers -- The New York Times Continues it's look at the NY Workers' Compensation System

bmittman@markhofflaw.com (Blog Author)10545 — Thu, 02 Apr 2009 08:00:00 EST

The debate continues. What will it take to ease tensions in the workplace? Read "Safety Bucks" -- Part 3 of the New York Times Series which examines New York's Workers' Compensation System and give us your opinion!

Click here for complete article.

Video Procedures

eahlers@gmail.com (Blog Author)10532 — Wed, 01 Apr 2009 08:00:00 EST

In an interisting case, a man that was injured on the job and claimed his injury put him out of work, testified before the Workers' Compensation Board. However, his employer (who did not have workers' compensation insurance) produced a video that showed the claimant working, while he claimed he was too injured to work.
Despite this, the evidence was not allowed because the claimant was not alerted to the existence of the videotapes prior to his testimony, backing up the Workers' Compensation Board’s policy on the disclosure of the existence of videotapes. More information can be found here:

Monzon v Sam Bernardi Contrustion Inc.

New York Times Investigates NY Workers' Compensation

eahlers@gmail.com (Blog Author)10530 — Wed, 01 Apr 2009 08:00:00 EST

Yesterday, the New York Times started a new series that will examine the challenges faced by injured workers in New York, and their struggles to deal with the bureaucracy of the Workers' COmpensation Board. The Times investigated the issuee for 18 months, and the resulting article can be read here if you missed it in yesterday's edition, page A-1.

While I don't want to spoil the article, the Times did not have many kind words for what they affectionatly described as, "the subbasement of the legal world". They also described it as a system that, "struggles to treat workers with due speed, protect employees from fraud or mute tensions in the workplace".

We will keep you up to date on future additions to the series titled, "A World of Hurt".

Stimus Payments to Social Security Recipients

eahlers@gmail.com (Blog Author)10529 — Wed, 01 Apr 2009 08:00:00 EST

As part of the economic stimulus bill, people who recieve Social Security, or Social Security Disability insurance will recieveone-time $250 payment. The who are elgible for benefits under the programs from November to January will recieve the payments sometime in May.

According to the Social Security Administration, the payments will be distributed to beneficiaries in the same manner as their current benefits. People who recieve both SSI and SSDI will only recieve one check. Also, SSDI beneficiaries under 18 will not recieve any payments. You can read more about this developement directly from the Social Security Administration.

Exams of Injured Workers Fuel Mutual Mistrust - New York Times Feature Article, Part 2

bmittman@markhofflaw.com (Blog Author)10497 — Wed, 01 Apr 2009 08:00:00 EST

In this article, Kleinfield questions whether or not doctors hired by insurance companies for injured workers provide the same diagnosis as their private doctors. As New York State Workers' Compensation attorneys, we hear it all!! Share your experiences.

Read Full Article.

"For Injured Workers and Their Bosses, a Costly Legal Swamp" - New York Times, March 31, 2009

bmittman@markhofflaw.com (Blog Author)10463 — Tue, 31 Mar 2009 08:00:00 EST

An examination of New York State's workers compensation system uncovered a universe of delays, suspicion and questionable rulings.

Today's Article

Disabled while on active duty? Take advantage of expedited disability claims processing

bmittman@markhofflaw.com (Blog Author)10106 — Thu, 19 Mar 2009 08:00:00 EST

Military service members injured while on active duty on or after October 1, 2001 are eligible for an expedited disability claims process at the Social Security Administration. It is important to note that wounded military members can receive SSDI benefits and military pay at the same time.

SSA has set up a special page for so-called "wounded warriors" with questions and answers and information about how to apply for Social Security Disability. Disabled military personnel may apply for disability benefits at any time while in active military status, or after discharge, whether they are still hospitalized, in a rehabilitation program or undergoing out-patient treatment in a military or civilian medical facility.

One important difference to note is that the definition of disability for military service members is different than the definition of disability for veterans' benefits. You can read the SSA definition of disability as presented to military members by clicking here.

Social Security Commissioner Michael Astrue stated, "I want to assure the brave men and women of our Armed Forces and their families that they will not have to wait for these needed benefits. Expedited processing is just one way Social Security can show our military personnel how much we appreciate their service in defense of our freedom."

We completely agree, and thank our brave men and women in uniform for their service in the name of our country and our freedom.

The Right to Choose Your Healthcare Provider

eahlers@gmail.com (Blog Author)10078 — Wed, 18 Mar 2009 08:00:00 EST

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.

Like Zero, Death Benefits Cannot Be Divided

eahlers@gmail.com (Blog Author)10077 — Wed, 18 Mar 2009 08:00:00 EST

In a recent Appellate Court decision, it was concluded that workers’ compensation death benefits cannot be divided:

Webb v Cooper Crouse Hinds Company

The claimant received benefits for lung disease. They were divided between 75% for job related causes (asbestos exposure), and 25% for unrelated causes (smoking). After the claimant’s death, he was rewarded full death benefits. The employer argued that he should only receive 75% of the death benefits, dividing them in the same manner as the workers’ compensation. However, the Court ruled that death benefits are not divisible, and the claimant received the full amount.

Are you eligible for a Social Security Disability Stimulus Check?

bmittman@markhofflaw.com (Blog Author)9791 — Mon, 09 Mar 2009 08:00:00 EST

There has been so much bad news lately about the worsening American economy, that it is great to see some good news for SSDI recipients. The rumors are true – if you receive Social Security benefits, you will get a one-time payment of $250. That means about 55 million people currently benefiting from some kind of Social Security benefit will receive this one-time payout.

This “economic recovery payment” will go to all people who receive Social Security retirement benefits, Social Security survivor benefits, and Social Security disability income (SSDI). Even better, if you were eligible for some type of Social Security benefit in November 2008, December 2008, or January 2009 the payment is tax-free with no other restrictions (just as long as you are not delinquent on other payments like federally backed student loans or taxes).

If you are wondering how you can get your hands on your $250 economic recovery payment, don’t worry – there is nothing for you to do. The money will be sent to you automatically, the same way you receive your SS benefits. You can expect to see the money by the first week of June.

To get help with your Social Security Disability claim, contact the law firm of Markhoff & Mittman, P.C. at (914) 946-1452 or (866) 205-2415.

FRAUD at the NY State Insurance Fund

bmittman@markhofflaw.com (Blog Author)9617 — Wed, 04 Mar 2009 08:00:00 EST

The NY State Insurance Fund (NYSIF) touts itself as a leader in rooting out fraud amongst injured workers and sometimes employers. Yet what about itself? Our friends at NYSIF have extensive levels of mismangaement, abuse and waste of agency resources that clearly rise to the level of fraud. In today's Albany Times Union it was revealed that the Inspector General will now be investigating NYSIF and its shady dealings! Now that is the way to root out fraud and abuse!

Today's Article

Worsening economy is causing spike in Social Security disability claims

bmittman@markhofflaw.com (Blog Author)9416 — Wed, 25 Feb 2009 08:00:00 EST

That’s right, even the Social Security Administration is playing the ‘blame-the-economy” game. The most recent contributor to the massive backlog of disability benefit claims? Yes, it is the struggling U.S. economy.

How is it that the country’s economic woes are making the SSDI claims backlog worse? It seems that when money is tight more people feel compelled to apply for benefits. Given the large number of layoffs, plummeting housing prices, and dismal stock market, injured and disabled Americans are turning to the SSA for help in greater than expected numbers.

No word on how many of the new claims are legitimate or if they are the result of desperate Americans looking for help anywhere they can. Unfortunately for those who very much need SSDI benefits, this unexpected 10% bump in claims could not only delay the much touted backlog reduction – it could actually make it worse.

Adding to this mess is an increase in the number of baby boomers applying for benefits, at least according to the SSA. However, a recent infusion of $1 billion from the government’s recently approved stimulus package should help the agency handle the unbudgeted increase in claims.

We wonder if the agency fails to meet their goals for significantly reducing the SSDI claims backlog within the next five years – will it simply be blamed on economic conditions and those pesky baby boomers?

Baby boomer or not, if you need help with your SSDI claim, please contact the experienced New York Social Security disability attorneys at Markhoff & Mittman, P.C. at (914) 946-1452 or (866) 205-2415.

Can the economic stimulus package eliminate the SSD claim backlog?

bmittman@markhofflaw.com (Blog Author)9414 — Wed, 25 Feb 2009 08:00:00 EST

If you’ve ever had any involvement with the disability claims process at the Social Security Administration, you know it moves a little slowly. Glacially slow. Mind-numbingly slow.

But all that could change over the next few years, if the promises of the recently approved economic stimulus package have the intended effect. The SSA is going to receive one billion dollars from the stimulus plan, part of which is to be used to reduce the enormous backlog of disability claim cases.

This is great news for New Yorkers, whose injured and disabled workers often have to wait up to 2 years to have their SSDI claim heard. A spokesperson for SSA said that they hope to reduce the backlog of well over a half-million cases with the stimulus money. In addition, the agency expects to reduce wait times to around 270 days over the next five years. That’s still a fair time to wait, but not nearly as bad as two years.

What may also help the backlog is a revamp of the SSA’s aging computer data center. New technology and more employees – both to be funded by the stimulus package as well – will hopefully have a positive impact. This is change that injured and disabled New Yorkers desperately need.

If you need help with your SSDI claim, please contact the experienced New York Social Security disability attorneys at Markhoff & Mittman, P.C. at (914) 946-1452 or (866) 205-2415.

NY WCB Bureaucracy Oversteps its Bounds Again and Threatens Injured Worker!

bmittman@markhofflaw.com (Blog Author)9367 — Mon, 23 Feb 2009 08:00:00 EST

THE WORKERS COMPENSATION BOARD STRIKES AGAIN!

I am no longer amazed at the extent of bureaucratic incompetence I come across when dealing with the NY Workers Compensation Board. However, in my mail today I received a true slap in the face to an injured worker.

Here is the setup. The injured worker needs to, under certain circumstances, provide relevant information about past medical conditions to the insurance company. While the injured worker is obligated to be cooperative, based on certain factors I may or may not provide that cooperation unless the Insurance Company cooperates back (imagine, being forced to cooperate even as the carrier fights you on other issues, no way!)

In the attached documents that I have edited with comments and taken out appropriate private information the WCB examiner starts by telling the insurance company that they will "urge" the claimant and myself to cooperate, and if we dont then they will schedule a hearing. The letter to the claimant, however, is a clear threat that they (the WCB) commands the claimant to cooperate unless he wishes to have his "eligibility for continued benefits" to be challenged. Its even more interesting since my client was classified as a person with a permanent disability seven years ago!

I had to discuss this and warn people. Imagine if you were not represented. I expect a phone call in fact from my client about this very issue. This is not the place of the WCB, it is acting as an arm of the Insurance Industry! And people wonder why it is such a difficult system!

New York Man Charged With Workers' Compensation Fraud

eahlers@gmail.com (Blog Author)9112 — Fri, 13 Feb 2009 08:00:00 EST

Edward Panus, a fish saleman from Chenago County, received over 60,000 in workers’ compensation benefits despite being self employed. Mr. Panus, 59, is facing felony charges. Investigators said the Mr. Panus was receiving benefits from a back injury he suffered in 1988. Hopefully people will think twice about defrauding the workers compensation system in the future.

Is Your Doctor Credible?

bmittman@markhofflaw.com (Blog Author)9067 — Thu, 12 Feb 2009 08:00:00 EST

In a recent Appellate Court decision, it was ruled that the workers compensation board has the right to decide if the testimony of the claimant’s or the employer’s doctor is more credible. In the following case, the claimant was appealing a finding of no further disability and no psychiatric disability. However, it was found that the carrier’s doctors were correct and the claim was disallowed.

Dimitriadis v. One Source

Presumptions Only Go So Far

bmittman@markhofflaw.com (Blog Author)9066 — Thu, 12 Feb 2009 08:00:00 EST

Recently, the Appellate Court ruled against Peter D. Pappas who claimed he injured his neck while working. No one else witnessed the incident. When this occurs the claimint is legally presumed to be providing a truthful account of the event. However, when you cannot belive the claimant’s testimony and you can believe the testimony of the employer’s witnesses, there is enough evidence to overcome the presumptions. This is what occurred in the following case:

Pappas v. State University of New York at Binghamton

Before filing a claim Mr. Pappas told several co-workers that his injuries were non- work related, which led to his claim being rejected.

Will a Previous Injury Derail Your Worker's Compensation Case?

bmittman@markhofflaw.com (Blog Author)8852 — Sat, 07 Feb 2009 08:00:00 EST

A question we are often asked is if a previous injury can cause you to be denied workers compensation benefits. This question is the basis of the following Appellate Court Decision:

Peterson v. Faculty Student Association

What's important to take away from this is that the court ruled that as long as a previous condition did not prevent you from performing the job at which you were injured, you are entitled to full workers compensation benefits.

For More Information or Free Consultation Call Markhoff & Mittman 866.205.2415

Serving injured workers and their families since 1933 througout the metropolitan area including New York City, White Plains, Yonkers, Long Island, Bronx, Brooklyn, Queens. We are here to help!

Paid For Doing Nothing - NY State Insurance Fund Employee Tells All

bmittman@markhofflaw.com (Blog Author)8845 — Fri, 06 Feb 2009 08:00:00 EST

Now this gets me fuming mad! I mean mad, mad, mad! I spend my days dealing with injured workers who face the State Insurance Fund who seeks to suspend payments, reduce benefits, and nickle and dime injured workers every day! Yet this same agency that trys to find continuous creative ways not to pay actually pays an employee to do nothing! for $94,000 a year!!!!

Come on - I've seend two faced but this is ridiculous. I've seen the State Insurance Fund go after injured workers on very questionable claims of fraud, yet they pay this guy to do zip! Check it out.

Money For Nothing a real success story!

If You Wait to File a Claim, it Might be Rejected!

bmittman@markhofflaw.com (Blog Author)8819 — Fri, 06 Feb 2009 08:00:00 EST

A problem that we commonly encounter is an injured worker who waits too long before filing a claim. If you hesitate to file a workers compensation claim, it may be rejected! This can be seen in an Appellate Court Decision:

Zucker v. Port Authority

Markhoff & Mittman always advises its clients to file their claims in a timely manner!

For More Information or Free Consultation Call Markhoff & Mittman 866.205.2415

Serving injured workers and their families since 1933 througout the metropolitan area including New York City, White Plains, Yonkers, Long Island, Bronx, Brooklyn, Queens. We are here to help!

Forgetting to Tell Your Doctor Its A Work Related Accident Can Destroy Your Case!

bmittman@markhofflaw.com (Blog Author)8815 — Fri, 06 Feb 2009 08:00:00 EST

The biggest problem we come across in NY Workers Compensation is that often an injured worker will not tell their doctor that the accident happened at work! This is a problem as seen in a recent Appellate Court Decision:

Cronk v. Lyndaker

Markhoff & Mittman always tells its clients to be sure to tell the doctor it happened at work!

For More Information or Free Consultation Call Markhoff & Mittman 866.205.2415

Serving injured workers and their families since 1933 througout the metropolitan area including New York City, White Plains, Yonkers, Long Island, Bronx, Brooklyn, Queens. We are here to help!

Workers Injury Law & Advocacy Group Launches New Website

bmittman@markhofflaw.com (Blog Author)8798 — Thu, 05 Feb 2009 08:00:00 EST

The Workers Injury Law & Advocacy Group has just launched its new website. This organization of which I am a member has a simple yet profound mission:

WILG is the national non-profit membership organization dedicated to representing the interests of millions of workers and their families who, each year, suffer the consequences of work-related injuries or occupational illnesses and who need expert legal assistance to obtain medical care and other relief under workers’ compensation programs.

Through WILG I have personally been able to obtain informaition and resources that have and will continue to help me personally and my firm assist injured workers in New York. Check it out!

Questions? Feel Free to Contact Markhoff & Mittman, PC 866.205.2415

Helping injured workers and their families since 1933 in New York City, Westchester, Bronx, Brooklyn, Queens, Rockland and Long Island

A Little More Help and Hope for Disabled Workers

bmittman@markhofflaw.com (Blog Author)8779 — Thu, 05 Feb 2009 08:00:00 EST

Social Security Disability and Supplemental Security Income are programs designed to assist those who become disabled and unable to work receive benefits to help them survive. An especially important consideration in this day and age.

Amazingly, those with some of the most severe disabilities such as terminal illnesses, cancers and other disease often have to endure the gruelling process of Social Security (In New York for instance, we have waited as long as two years for a hearing!)

However, SSA has now expanded its Fast-Track Disability Process where it expects to incrase the resolution of cases in the Quick Disability Determination (QDD) program and Compassionate Allowances process. In fact, SSA notes that it is now fast-tracking about 4 percent of all disability cases, up from 2.7 percent last year -- there is hope for those in need.
More info on Fast Tracking your case

"In practical terms, this means that this year 100,000 to 125,000 disabled Americans -- those with the most severe disabilities -- will be approved for benefits in about 10 days instead of waiting the three to four months it typically takes for an initial decision," Commissioner Astrue said. "These initiatives are truly a lifeline for those who need it most."

WOW! Great news.

Any Questions? Contact Markhoff & Mittman PC 866.205.2415 or info@markhofflaw.com

Helping injured workers and their families since 1933. Westchester, Rockland, Bronx, NYC, Brooklyn, Queens and Long Island. Feel free to give us a call. We are happy to answer questions and help if we can.

Workers Compensation Reform 2007 or 1962: What Changes Stays the Same!

bmittman@markhofflaw.com (Blog Author)8658 — Mon, 02 Feb 2009 08:00:00 EST

Aside from dated language the following statement could have been heard during the debate over the 2007 New York State Workers Compensation Reform, but it was from an article in 1962!

"The attack {on the Compensation system} comes from claimants' attorneys, labor groups, some physicians. They say the Workmen's Compensation Board, on the excuse of streamlining operations and reducing the number of lawsuits over claims, is dealing to workmen off the bottom of the deck"

Wow! Streamlining the system! In 2007 and the subsequent regulations imposed on the system (the Rocket Docket - "Streamlined Docket Regulations") came to be, but could have been predicted in 1962!

The orginal founder of the current firm, Markhoff & Mittman, Abraham Markhoff, was interviewed for this informative article. While it is missing a few lines (sorry) take a read and remember, this is a half century ago!

1962 Occupational Hazards News Article: The Row Over Compensation

Information about the 2009 COLA Adjustments for SSDI

bmittman@markhofflaw.com (Blog Author)8609 — Sat, 31 Jan 2009 08:00:00 EST

Every year the Social Security Administration (SSA) performs a cost of living adjustment (COLA) to Social Security Disability Insurance (SSDI) benefits to ensure that beneficiaries and their dependents are receiving a fair income. SSA COLAs came into being in 1973 when legislation was passed to make sure that benefits kept place with inflation.

The COLA is linked to changes in the Consumer Price Index (CPI-W) from the third quarter of 2007 through the third quarter of 2008. If there is no increase in the CPI-W, then there is no COLA increase. The reasoning is that if the cost of living hasn’t gone up, beneficiaries do not need additional monthly income.

There is some concern that the CPI-W for the current year will go down or stay the same because of the country’s economic woes, which would affect SSA COLA for 2010. However, this year the COLA did increase for SSDI benefits, and is up by 5.8%.

A disabled worker, spouse and one or more children would have received $1,695 a month before the COLA adjustment, but now will receive $1,793. All other disabled workers would have received $1,006 a month before COLA, but instead will receive $1,064.

If you need help with your SSDI claim, please contact the experienced New York Social Security disability attorneys at Markhoff & Mittman, P.C. at (914) 946-1452 or (866) 205-2415.

NYC Department of Corrections Workers Compensation

bmittman@markhofflaw.com (Blog Author)8608 — Sat, 31 Jan 2009 08:00:00 EST

When a NYC Correction Officer or Uniformed Staffer is injured on the job, that injured worker MUST know what to do under Directive #1004 - Workers Compensation Procedures - I will soon be releasing the FREE REPORT "Everything you've wanted to know about Workers Compensation, but no one ever told you!" - STAY TUNED!

FINALLY - Dental Fee Schedules for Workers Injured on the Job in New York!

bmittman@markhofflaw.com (Blog Author)7871 — Tue, 06 Jan 2009 08:00:00 EST

If you have been injured on the job and sustained damage to your teeth then New York Workers Compensation is supposed to pay for your reasonable dental care. Unfortunately, experience has shown me that injured workers who suffer dental injuries often do not get the dental care they need, pay too much for it or cannot find a competent dentist to perform the work.

WHY? Because most dentists do not take insurance, and specialists (prosteodontists, etc.) want to be paid up front for Workers Compensation Cases. This is due in part to the fact that the Workers Compensation Law never provided a specific fee schedule for dental care so that an insurance company could dispute and pay different amounts for the same service to dentists.

In the 2007 Workers Compensation Reform Law there was a mandate to provide a schedule. As noted by Special Counsel, Cheryl Woods the fee schedule:

... is applicable to dental treatment and procedures
performed on or after, March 1, 2009, for the necessary care and
treatment of an injured employee regardless of the date of accident or
date of disablement. The date of service for dental treatment or for a dental
procedure shall be the applicable date for reimbursement in accordance
with this fee schedule. Dental treatment or procedures performed prior to
March 1, 2009, shall be reimbursed at the usual and customary rate in the
location where the claimant resides.

The purpose pursuant to the NYS Register/December 24, 2008 PROPOSED RULE MAKING
is:

is needed because the law was amended to require the Chair to adopt a dental fee schedule. In
addition to the statutory mandate for a dental fee schedule, there are other
reasons why this rule is needed. First, there currently is no fee schedule for
dental care and treatment for injured workers. Prior to the legislative
change in 2007, WCL § 13(a) limited dentists to such charges as prevail in
the claimant's community for similar treatment of injured individuals of a
like standard of living. Payers of workers' compensation benefits, such as
insurance carriers, State Insurance Fund and private and public selfinsured
employers, were required to pay such charges and object to any
portion in excess of this amount. Unfortunately it was not always clear
what the charges are that prevail in a claimant's community.

The First Annual "Safety Net" report - as required by the 2007 NY Workers Compensation Reforms

bmittman@markhofflaw.com (Blog Author)7776 — Sun, 04 Jan 2009 08:00:00 EST

M. Patricia Smith, Commissioner of the NYS Department of Labor on Debcember 1, 2008 released the First Annual Safety Net Report of the Commisioner pursuant to Section 35(4) of the Workers Compensation Law, Chapter 6 of the Laws of 2007 - known as the 2007 Workers Compensation Reform.

This report deals with the unfortunate situation created by the 2007 Reforms where individuals with permanent partial disabilities will be limited in the amount of benefits they can receive ("caps"). The overreaching concern is what happens to a person with a permanent partial disability who is unable to return to gainful employment, but their weekly benefits have been cut off (medical benefits are generally ongoing in these situations).

Since the law is so recent there has not been enough data to really assess what effect the new law has had on individual permanently partially disabled workers. As noted in the body of the report:

This Safety Net Report presents the data requested by the statute, but is is too early to determine the impact of the new law on the outcomes of injured workers. Clearly, however, the new statutory reforms and caps on the duration of PPD benefits necessitate more extensive reserach on the ability of injured workers to return to work and remain employed...

The report goes on to list "Time of the Essence" measures that must be put into place to minimize the number of injured workers who cannot return to work -

a new study (within 90 days!) regarding long-term return to work outcomes; and
continued implementation by the Deptartment of Labor and the New York State Workers Compensation Board of policies, procedures and statutory and regulatory changes to improve the return to work rates of injured workers

Stay tuned for more...

New and Revised Medical Forms for NY Workers Compensation - what is going on!

bmittman@markhofflaw.com (Blog Author)7544 — Tue, 23 Dec 2008 08:00:00 EST

In an effort to implement the 2009 workers compensation reforms, the New York State Workers Compensation Board continues to roll out new and revised forms, including medical forms that doctors will need to fill out in order to continue practicing in the area of Workers Compensation (and to get paid).

Today the WCB issued another form, the C4-AMR, in yet another subject matter release 046-275 - this particular form is for ancillary medical services provided by non-treating sources whom do not wish to use a regular C-4.

The WCB also POSTPONED the January 1, 2009 (1/1/2009) mandatory start date. Medical practicioners now have until March 31, 2009 to revamp thier systems and start using the new forms. (See Subject Matter 046-273)

Of interest also is the fact that these new and improved forms, designed to provide more information and make it easier, have already generated 54! Yes FIFTY FOUR Frequently Asked Questions.

This is certainly an area on which I must provide additional information.

"Too much trust in your Doctor"

bmittman@markhofflaw.com (Blog Author)7476 — Sun, 21 Dec 2008 08:00:00 EST

"But my doctor told me"
"My doctor didn't tell me"

These are but a few lines I often hear from clients. Over and over I have seen an unquestioned faith in what a particular doctor has or has not told a client. Unfortunately, as I tell all of my clients, you are an adult and ONLY YOU make the ultimate decisions that affect your life. Your workers compensation case depends on the doctor and what he or she says. Without medical you can lose benefits. However, don't be afraid to ask questions of your doctor.

Not asking a doctor a question, or not quetioning a doctors suggestion can actually have an incredibly negative impact on your case. And if you do ask the doctor, "Can I return to work" or "Why not something else" can have an incredibly positive impact on you and your case.

A recent article in the NYTIMES confirms what I have often sene anecdotally. It makes an interesting read and certainly reinforces the idea that ONLY YOU make the ultimate decisions.

READ" "Faith in Physicians"

FREE CONSULTATION

If you have any questions, please feel free to contact Markhoff & Mittman, 866.205.2415 or click our contact us section and we will be happy to review your file for FREE and advise you if you are getting the right information!

Helping Work Accident Victims Throughout New York State

Markhoff & Mittman PC serves injured workers and their families throughout New York State from Albany to Patchogue and everywhere in between including White Plains, Yonkers, Port Chester, Bronx, Manhattan, Brooklyn, New York City, Queens, Forrest Hills, Jamaica, Staten Island, Mt. Kisco, Ossining, Tarrytown, Peekskill, New City and elsewhere

NY Workers Compensation Board - Reports on the Reform - almost two years later!

bmittman@markhofflaw.com (Blog Author)7464 — Sat, 20 Dec 2008 08:00:00 EST

Chairman Zachary Weiss has issued The Impact of Reform on the New York Workers Compensation System
- a two year post Reform assessment of where the WCB thinks it is and where it thinks it is going...topics include:

Benefits for Injured Workers Increased for the First Time in Over a Decade
Employer Costs Were Reduced Significantly; Savings Will Grow Over Time
Claim Procedures Were Streamlined
Forms
Appealed Cases
Ensuring a Level Playing Field for All Employers
Stop-Work Orders
Proof-of-Coverage
Self Insurance
Livery Cabs and Workers’ Compensation
Other Notable Achievements
Fraud Prevention
Pharmacy Fee Schedule
Claimant Services
Web Site
World Trade Center Outreach
Progress in Other Reform Areas
Medical Treatment Guidelines
Return to Work
Data Collection

Center for Medicare Services (CMS) releases Workers Compensation Medicare Set-Aside (WCMSA) Operating Rules

bmittman@markhofflaw.com (Blog Author)7458 — Sat, 20 Dec 2008 08:00:00 EST

If an injured worker attempts to settle her workers compensation case, and there is the possibility that she is entitled to Medicare then she must (through her attorney or on her own) get the permission of Medicare (Center for Medicare Services - CMS) to settle her case - and may be required to even provide for some of the settlement proceeds to be placed into a special account known as a Workers Compensation Medicare Set-Aside.

In order to receive approval you must submit to CMS a request to determine the amount of money that must be "set-aside". CMS will review your request and either approve it or increase it (very rare to see a decrease!). But HOW DO THEY DO THIS? Well, Medicare has now released some rules:

CMS has recently released the "operating rules" on determining how CMS will figure out if it will approve your proposed WCMSA.

Other links of interest: John Gelman Workers Compensation Blog - CMS

For more information or questions feel free to contact the attorneys of Markhoff & Mittman, PC. (866)205-2415 - serving injured workers and their families since 1933 throughout New York State - From Patchogue to East Meadow, Brooklyn to Queens, Bronx, Staten Island, White Plains, Yonkers, Peekskill and beyond..www.markhofflaw.com

New York Return to Work Programs

sdaniels@markhofflaw.com (Blog Author)7405 — Thu, 18 Dec 2008 08:00:00 EST

New York’s Rehabilitation Bureau has created Return to Work Programs to provide assistance to injured workers receiving workers’ compensation benefits. The program consists of rehabilitation counselors and social workers that will help you with a variety of issues. Their goal is to help injured workers return to work.

Through the Return to Work Programs, you can receive assistance with improving your physical capacity to help you get back to work. If you are in need of vocational rehabilitation services, counselors will work on organizing insurers, providers, medical professionals, lawyers, employers and other parties to ensure you receive the necessary services and treatment. This agency will communicate with your employers regarding job accommodations and modifications. They will help you receive orthotic and prosthetic devices, equipment, home and vehicle modifications, attendant care or money to pay for vocation services.

Rehabilitation counselors frequently act as liaisons to monitor private rehabilitation programs and will even coordinate vocational rehabilitation for out-of-state injured workers. If you are unfamiliar with your rights as an injured worker in New York, they will be able to explain the New York Workers’ Compensation process, including your rights under the law.

If you have been injured on the job, you may be able to receive workers’ compensation benefits while you recover. In New York, employers are required to carry workers’ compensation coverage to protect injured workers. Sometimes, even if you have a legitimate injury and cannot work, your claim for workers’ compensation may be denied. In that case, you should talk with an experienced New York workers’ compensation attorney who will work hard on your behalf to get you the benefits you deserve. Contact Markhoff & Mittman, P.C. to review your workers’ compensation case at (866) 205-2415 or (914) 946-1452.

The article, Programs to Help and Injured Worker Return to Work, has more information on this subject.

Can I Work and Still Receive Social Security Disability Benefits?

bmittman@markhofflaw.com (Blog Author)7243 — Fri, 12 Dec 2008 08:00:00 EST

Are you receiving Social Security disability benefits and want to go back to work? Are you concerned that if you discover that it is still too difficult to work that you will have to go through the entire approval process for disability income? Social Security has incentives for individuals who are interested in going back to work, while still receiving Social Security disability benefits. These incentives provide a solution for individuals who are not sure if they can handle working with their disability.

Social Security provides continued cash benefits for a certain amount of time while you go back to work and continued Medicare or Medicaid benefits. In addition, Social Security offers education, training and rehabilitation to start a new job.

Under the work incentives created by Social Security, you are given a trial work period that will give you the opportunity to test your ability to work. The trial work period lasts for nine months and during that time, you will receive your full disability benefits. After you have worked nine months within a 60-month period, the trial work period will end. However, you are then given a 36-month extended period of eligibility.

During the 36-month extended period of eligibility, you will receive disability benefits for any month your earnings are not “substantial.” Substantial earnings are $940 or more, which is based on 2008 figures and this amount can change. You are able to deduct work expenses that are related to your disability, such as transportation costs, a wheelchair or money paid to a personal attendant. These deductions can help you stay below the substantial earnings limit.

If you find that you cannot continue working because of your disability, you have five years to request that your benefits begin immediately. You will not have to file a new application.

The Social Security disability system can be complex and an experienced New York Social Security disability lawyer can help you navigate through it. Contact the New York Social Security disability attorneys at Markhoff & Mittman, P.C. at (914) 946-1452 or (866) 205-2415 for assistance with obtaining Social Security disability income.

The article, Working While Disabled in New York, has more information on this topic.

Why "Independent Medical Exams" are not independent!

bmittman@markhofflaw.com (Blog Author)7153 — Tue, 09 Dec 2008 08:00:00 EST

A recent lawsuit demonstrated clearly how the Insurance Industry will stop at nothing to deny rightful benefits and claims to injured workers and the general public.

An elevator mechanic was injured in the course of his employment when he tripped over a piece of equipment negligently left in the area he needed to access. Under the law, he was entitled to collect workers compensation benefits, but also he could sue the party who wrongfully left the equipment in the location since that party was not his employer.

The really disturbing issue however is that the insurance company in the lawsuit part of the case tried to manipulate the outcome of the case.

How? Simple. The insurance company is allowed to have an injured person examined by their alleged "independent" medical examiners. The Courthouse joke, by the way, is that they are not independent, and often not medical! Anyway, during the course of this particular case the defense medical expert testified that he had been told by the independent medical exam company (hired by the insurance carrier) to "be silent on causal relationships" between the incidnet and plaintiffs injuries. That is - don't say a word about whether the medical condition could have been caused by the accident! How absured is that!

Lesson - beware, the insurance industry will do anything to save a dollar and not pay a legitimate claim.

Any questions, contact Markhoff & Mittman, PC 1.866.205.2415

Serving injured workers and their families throughout New York - Westchester, Putnam, Rockland, Bronx, Queens, Manhattan, Brooklyn, State Island, Long Island

The Responsibility of Claims Management for New York Workers' Compensation

sdaniels@markhofflaw.com (Blog Author)6199 — Fri, 14 Nov 2008 08:00:00 EST

Every year, thousands of workers in New York are injured on the job. According to New York law, employers are required to purchase workers’ compensation insurance to offer protection for injured employees. After an injury, an employee will either return to work immediately or decide to go through the complex system of workers’ compensation. Workers’ compensation provides compensation to injured workers by paying benefits to cover medical expenses and lost wages. It is also designed to help employers avoid lawsuits.

Employers are involved, whether they realize it or not, in the management of workers’ compensation claims. It is the responsibility of the employer to provide a safe working environment and to establish safety programs to minimize the risk of job-related accidents. Employers should help employees navigate through the complicated workers’ compensation medical system, instead of leaving workers on their own to figure out the appropriate steps.

Insurance agents also participate in claims management and the actions they take can impact the effectiveness of claims management. Many insurance agents are only actively involved in the beginning, when they are selling the workers’ compensation coverage to the employers, but do not follow through with further assistance. The failure to monitor workers’ compensation claims, including the status, reserves and subrogation, can negatively impact claims management.

Unfortunately, it is the employees who suffer when it comes to managing workers’ compensation claims. Workers’ compensation claims are sometimes denied, even when there is a valid injury or illness that occurred, which was caused by performing the required job duties. If you have been injured on the job and have been denied workers’ comp benefits, you need to contact an experienced New York workers’ compensation attorney. Markhoff & Mittman, P.C. has been representing injured workers with workers’ compensation claims since 1933. Call (866) 205-2415 for a legal consultation.

The article, Who is Responsible for Managing Workers’ Compensation Insurance, has more information on this topic.

Compensation for Adults Disabled Since Childhood

sdaniels@markhofflaw.com (Blog Author)5999 — Fri, 07 Nov 2008 08:00:00 EST

The Social Security Administration has created a program to pay benefits for adults who have been disabled since childhood. Social Security Disability Insurance (SSDI) benefits are available for people who were disabled before they turned 22 years of age or received dependents benefits on a parent’s Social Security earnings record before the age of 18. These benefits will be paid as long as the adult remains disabled.

The SSDI benefit for adults disabled since childhood is considered a “child” benefit because it goes on the parent’s Social Security earnings record. In order to qualify, one or more of the disabled adult’s parents must be receiving Social Security retirement or disability benefits or have died, but worked long enough under Social Security.

Approving a disabled adult under the “child” benefit is treated the same way as any disabled adult. The New York Disability Determination Services will be given the task of approving SSDI benefits based on the disabled adult’s medical condition. The application process for a disabled adult includes the same steps as a disabled child. For example, detailed information about the condition must be provided, along with dates of doctor and hospital visits. A question will be asked regarding the impact the disability has on the adult’s way of life.

The application process can be complex and it generally takes a few months to get an approval. Sometimes applications for SSDI benefits are denied. In that situation, a knowledgeable New York Social Security Disability attorney can step in to work on an appeal. Even if a Social Security Disability Insurance application is denied, it is possible to later receive an approval. The attorneys at Markhoff & Mittman, P.C. have extensive experience in handling Social Security Disability denials. Call (866) 205-2415 for a legal consultation.

The article, Social Security Disability Insurance (SSDI) for Adults Disabled Since Childhood, has more information on this subject.

Applying for Supplemental Security Income for a Disabled Child

sdaniels@markhofflaw.com (Blog Author)5772 — Tue, 28 Oct 2008 08:00:00 EST

Caring for a disabled child can be expensive. The Social Security Administration offers Supplemental Security Income payments for children with disabilities. The monthly payments are available for children under the age of 18 who meet the Social Security’s definition of disability for children. The child’s income and resources have to fall within the eligibility limits in order to qualify.

When you apply for Supplemental Security Income for your child, you will be asked for detailed information about your child’s medical condition and how this condition affects his or her ability to function. The Social Security Administration will want your permission to contact your child’s doctors, teachers, therapists and other professionals to obtain information about your child’s disability. The application and supporting information will be forwarded to New York’s Disability Determination Services for review.

According to the Social Security Administration, a child is considered disabled when a physical or mental condition, or combination, seriously limits your child’s activities. The condition must have lasted or be expected to last for at least 12 months. Also, to be eligible for Supplement Security Income monthly payments, your child cannot be working and earning more than $940 a month in 2008.

If your child is approved, you will begin to receive monthly Supplement Security Income payments. Periodically, your child’s medical condition will be reviewed to determine that your child still qualifies. This review takes place at least every three years or if your child was under the age of 1 at the time of approval, then the review will occur at age 1.

In the situation where your child was denied benefits, you can appeal the decision. Since the appeal process is complex, it would be wise to contact an experienced New York Social Security Disability attorney. The Law Office of Markhoff & Mittman, P.C. can help you with the process. Contact the law firm today at (914) 946-1452 or (866) 205-2415.

The article, Supplemental Security Income (SSI) for Children with Disabilities, has more information on this subject.

Are You Eligible for Workers' Comp in New York?

sdaniels@markhofflaw.com (Blog Author)5435 — Fri, 17 Oct 2008 08:00:00 EST

When you are injured on the job, you may wonder if you are eligible to receive workers’ compensation benefits. These benefits are available for workers who meet certain criteria established by the New York Workers’ Compensation Law. Most workers who provide services to a business are considered an employee and therefore must be covered by the employer’s workers’ compensation insurance. An employee could include a day laborer, leased employee, borrowed employee, part-time worker, unpaid volunteer or subcontractor in, some cases. Independent contractors are generally not covered by the employer’s workers’ compensation insurance.

New York State Workers’ Compensation Board lists factors that are used to classify a worker as an employee. Some of these criteria include the following:

• If the employer has direct control of the worker performing the task.
• The work being done is aligned with the employer’s type of business, such as a worker installing tile on the roof of a building for a roofing company.
• If an employer pays the worker by the hour, day week or month. Paying at the end of the project may indicate the worker is an independent contractor.
• The employer provides the materials.
• The employer retains the right to hire or fire the worker.

When determining if someone is an employee, all of the above factors are considered. A workers’ compensation law judge is the one who will determine employment classification during the hearing that follows a work-related injury or illness. There are some exceptions that can be better explained by the New York workers’ compensation attorneys at Markhoff & Mittman, P.C. Contact our law firm for advice regarding your workers’ compensation case at (914) 946-1452 or (866) 205-2415.

The article, Who is Covered under New York’s Workers’ Comp Law, has more information about the factors used to determine if a worker is in fact an employee.

Speed or Stuck in the Mud: The 2008 Streamlined "Rocket" Docket Workers Compensation Regulations

bmittman@markhofflaw.com (Blog Author)5073 — Sun, 05 Oct 2008 08:00:00 EST

Will Injured Workers Recevie Speedy Resolutions of their cases, or be Stuck in the Bureaucratic Mud!

At the Fall 2008 Injured Wokers Bar Association, I (Brian M. Mittman) presented an Overiew of the newly enacted Streamlined Docket Regulations implemented by the New York Workers Compensation Board on September 15, 2008.

The simple purpose of these regulations is to speed up the resolution of controverted (that is, contested or disputed) claims before the Board.

Unfortunately, while the intent is admirable and certainly needed in this area, often times the actual regulations and implementaiton can be counter to what is believed to be the desired results. With this in mind, I took a thorough review of the regulations and presented a power point presentation which attempts to provide a roadmap to the new regulations.

Whether you agree with the regulations or disagree, it is necessary for all parties involved (claimants, attorneys, Judges and Board personnel) to at least understand what we are dealing with so that we can proceed in trying to make it work or suggest appropriate changes.

Workers Compensation Benefits are designed as social legislation - what is right to help out injured workers!

Contact Me

If you have any questions, suggestions and even corrections, feel free to contact me at bmittman@markhofflaw.com so that we can make this process work. Or call 1.866.205.2415

You may still need to find healthcare coverage even if you've qualified for SSD insurance benefits

bmittman@markhofflaw.com (Blog Author)4887 — Sun, 28 Sep 2008 08:00:00 EST

If you find yourself needing to apply for Social Security Disability Insurance benefits, then you’ve already suffered enough. The next indignity comes when you’re forced to endure the ridiculous amount of time that SSA needs to process your claim. Next, your claim will likely be rejected for one reason or another, and you’ll have to file an appeal. The frustration it seems is endless.

Unfortunately, there is one more issue that you need to be aware of. If you are eventually awarded SSD insurance benefits that make you eligible for healthcare coverage under Medicare, you’ll need some other form of healthcare coverage while waiting for your Medicare benefits to kick in.

That’s right, even though you’re eligible for Medicare you still need to find some other kind of health insurance. The fact is that Medicare becomes available to most individuals only 24 months – yes, 2 years – after qualifying for SSD insurance benefits. During the time you’re waiting to qualify, you may need medical services to treat your disability and also to provide medical care to your dependents. Not only that, but you may need to file updated medical exams with SSA to keep your medical records current.

Some options available are COBRA or other private insurance, drug assistance programs, switching to less-expensive generic drugs, and learning to negotiate healthcare costs.

What is being done about the massive Social Security disability claim backlog?

bmittman@markhofflaw.com (Blog Author)4886 — Sun, 28 Sep 2008 08:00:00 EST

You may know all too well about the massive backlog of Social Security disability claims at the SSA. According to the SSA, there are over 1.3 million Americans waiting for a decision about their SSD claim. In fact, in some areas of the country claimants have had to wait for over 2 years for a hearing!

What is being done to address this mess? In December ’07, the Government Accountability Office (GAO) issued a report entitled, “Social Security Disability: Better Planning, Management, and Evaluation Could Help Address Backlogs”. In their report, the GAO sought to examine the trends in the backlogs, look for key factors contributing to the backlog, and provide SSA with recommendations for improvement. The SSA agreed with some recommendations, but 9 months later the problems persist.

Congress has also tried to help SSA by providing additional funds to address staff shortages and technical issues contributing to the backlog. And this month, the House Ways and Means Subcommittee on Social Security held hearings on the on the backlog of SSD cases.

The findings from the subcommittee hearing are not out yet, so it remains to be seen what steps our lawmakers will take next in an attempt to fix this serious issue. You can read more about the SSA case backlog hearing and what is being done about it in our law library article, “Can Lawmakers Reduce the Social Security Case Backlog?”

See the Three Steps to Properly FIle a NYS Workers Compensation Claim published by Brian M. Mittman on AVVO.COM

bmittman@markhofflaw.com (Blog Author)4835 — Thu, 25 Sep 2008 08:00:00 EST

INFORMATION! INFORMATION! INFORMATION! That's all it takes. A little information can go a long, long way. I recently published a quick legal guide - only three steps! on what is needed to file a workers compensation claim in New York. Guide. Take a look, print it out and keep it handy!

This guide was published on www.avvo.com, a free website that allows you to search for lawyers, read about those lawyers (see me!), read publicaitons by those attorneys and even make your own comments about your experience with those attorneys! Check it out!. - Brian M. Mittman

If You Are Disabled You May Be Entitled to Helpful Discounts At New York Park and Historic Sites

bmittman@markhofflaw.com (Blog Author)4730 — Sun, 21 Sep 2008 08:00:00 EST

JUST BECAUSE YOU ARE DISABLED DOES NOT MEAN YOU HAVE TO MISS WHAT YOU LOVE DOING! The New York State Office of Parks, Recreation and Historic Preservation offers a wonderful program for disabled individuals to obtain discounts around the Empire State at various Parks, Historic Sites, Golf Courses and so forth. For details check out this useful information.

While a disabled individual may need to modify or adjust his/her activities, many disabled individuals can still do many activities and even save some money.

New York Workers Compensation Board Regulations Will Reinjure Injured Workers!

bmittman@markhofflaw.com (Blog Author)4627 — Tue, 16 Sep 2008 08:00:00 EST

It is now more difficult to obtain benefits when you are injured on the job in New York! The New York Workers Compensation Board passed highly controversial regulations today. (Press Release) With the noble intent of speeding up the process of obtaining benefits when a New York Workers Compensation Case is disputed, the New York Workers Compensation Board adopted the "Streamlined Docket" (Rocket Docket) regulations that will, unfortunately, only delay and confuse the adjudication of contested claims before the Agency.

What is even more disheartening is that numerous advocates on behalf of injured workers provided appropriate and timely objections to these poorly constructed and cumbersome regulations. The Injured Workers Bar Association, the Workers Compensation Alliance, the Workplace Injury and Litigation Group, the New York State Trial Lawyers Association, and various local Bar Associations and Medical Groups all provided substantial and well reasoned objections to these ill conceived agency regulations. In fact, the Workers Compensation Board itself provided some of the most compelling proof. It recently noted that resolution of disputed claims within ninety days (as required in the 2007 Workers Compensation Law Reforms) was accomplished in 88% of all disputed cases by enforcing current laws and regulations.

However, Chiarman Zachary Weiss and the Workers Compensation Board decided that complicated new regulations were needed. Regulations that are in contradiction to the letter of the law and current case law. Why? I truly do not know and can only begin to fathom how a new regulatory scheme will mire the entire system in litigation that will only slow down and injury the most vulnerable party in the process, the injured worker.

I will personally continue the fight and know that the above noted Associations will do the same. Perhaps an Article 78 proceeding, perhaps continued pressure on the legislature, the Governor and the WCB! Injured workers deserve better, and a small increase in weekly rates (from the 2007 Reforms) is no trade off for making it more difficult to collects those benefits! Stay tuned....

Injustice at glitzy racetrack highlights abuse of workers' rights

bmittman@markhofflaw.com (Blog Author)4300 — Sun, 31 Aug 2008 08:00:00 EST

If you’ve attended races at the stately Saratoga Race Course in Saratoga Springs, New York, the last thing on your mind was probably “I wonder how the workers are treated here.” Let’s face it, when we’re enjoying a nice day out with our friends and family, we don’t think about the people who keep businesses like this track running.

But for over 1,200 workers at the race course, life isn’t so rosy. Investigations by the state labor commission found that 80 percent of 110 backstretch workers were not paid minimum wage or time and a half for overtime. These workers include everyone from grooms to hot walkers to night watchmen. Workers, who are employed by individual trainers at the track, are estimated to have been cheated out of $70,000 a week because of these wage violations.

In addition to wage violations, many workers were forced to work 7 days a week, more than 360 days a year. To make matters worse, many are housed in deplorable conditions, sleeping many to a room on bedbug infested mattresses or inflatable mattresses or on the floor. The workers shuttle between the Saratoga, Belmont, and Aqueduct tracks, where conditions are equally bad.

This investigation was part of the state labor commission’s efforts to increase oversight of low-wage industries. Sadly, the horse racing industry isn’t alone in mistreating low-wage workers – other industries are also cheating employees out of fair pay. We hope that these investigations result in fair pay and humane working conditions for all workers – and punishment and shame for employers who take advantage of those who have so little.

How false claims are slowing down your Social Security Disability claim

bmittman@markhofflaw.com (Blog Author)4299 — Sun, 31 Aug 2008 08:00:00 EST

If you’ve filed a Social Security Disability claim, then you know how long the process can take – and that appeals, which are often necessary, add even more time. You may think that this is because the agency is understaffed and there are just too many injured or ill people who need help. Well, unfortunately it isn’t that simple.

One of the reasons claims are getting bogged down at SSA is that some insurance companies are requiring that workers who don’t qualify for SSD benefits file a claim with the agency anyway. If they don’t these insurance companies are denying them the benefits they deserve. In addition, if they are turned down for SSD benefits – and many are, as they aren’t eligible in the first place – they are forced by the company to file an appeal. Again, they risk losing their insurance money if they don’t.

Fortunately, this gross abuse of the system has been noticed and the Senate Finance Committee is investigating the claims processing practices of nine insurance companies. With average claims wait times that have grown from 258 days to 512 days, American workers need this issue resolved as soon as possible.

You can read more about this shocking investigation in our law library article, “Insurance Companies Commit Social Security Disability Fraud”.

Need Social Security Disability? Don't forget your family!

bmittman@markhofflaw.com (Blog Author)3738 — Thu, 31 Jul 2008 08:00:00 EST

If you find yourself filing a Social Security Disability claim, you may be worried about how much you’ll receive and if it will be enough to support your family. What you might not realize if you’re new to the system is that your family may also be eligible for benefits because of your illness or injury claim.

Benefits are available for dependent children, your spouse, your ex-spouse, and your disabled children. There are conditions and limitations that each family member must meet in order to receive benefits, and you can find a summary of this information in our law library article “Family Benefits for Social Security Disability”. Of course information is always available on the Social Security Administration Disability website.

Additional information that may be helpful for your Social Security Disability claim, you can find more information in our law library. Articles like “Top 7 Tips for Social Security Disability Claims”, “How Social Security Makes Eligibility Determinations”, “My Social Security Claim Was Denied. Now What?”, and more will give you helpful basic information about the disability claims process.

Will new construction rules save workers' lives and limbs?

bmittman@markhofflaw.com (Blog Author)3734 — Thu, 31 Jul 2008 08:00:00 EST

Anyone who has spent time in New York City recently will have noted the explosion in construction. It seems as though buildings are being torn down, built back up, renovated, or expanded on nearly every street corner. Enormous booms and cranes stand out against the city skyline. It can make you think “progress” – or if you’re familiar with what’s been going on in the industry lately you might think “danger”.

New York construction accidents have been such a serious issue this year that now Congress has gotten involved. Throughout the year the New York Department of Buildings has been trying to pass new rules to shore up their clearly inadequate and understaffed inspection department. However so far it hasn’t helped.

With 9 crane-related deaths this year, crane accidents have been an especially hot topic. Now, with so many city, state, and federal officials interested in construction safety, we hope that the solutions they’ve come up with will in fact finally put a halt to the deadly and dangerous construction environment in the city. Only time will tell if the city and OSHA and other interested parties can truly get their act together and save our workers needless death and injury.

We’ve got more details about the city’s attempts to make construction safer in our law library article “Will New Rules Save NY Workers from Accidents or Death?”.

What's going on with the CRM managed trusts?

bmittman@markhofflaw.com (Blog Author)3280 — Mon, 30 Jun 2008 08:00:00 EST

You might have heard in the news that Poughkeepsie-based group Compensation Risk Managers (CRM) is going to surrender their license to run self-insured workers' compensation trusts in New York. It's a good thing, too because their failures at managing eight self-insured workers' comp trusts have left New York with a shortfall of at least $59 million.

Somebody has to come up with this money so that workers' comp claims can be paid. Who do you think is going to do that? The New York Workers' Compensation Board (WCB) already tried to get non-CRM trusts to make up the difference, but those trusts responded with a lawsuit and now New York is trying to float a bond to cover the difference.

What makes this all the more interesting is that CRM hired the services of one Robert R. Snashall between 2004 to 2007. Snashall, a former chairman of the WCB, has found new employment with his own Snashall Associates consulting firm, providing his expert consulting advice to groups like CRM.

What we're wondering is how an 8 year veteran of the WCB could advice a group that is now surrendering its license and is responsible for a $59 million shortfall. It's something that makes us go, "hmm!" You can read more about this situation in our library article, "The Incestuous Relationship between Government and Private Industry".

Is your employer committing workers' comp fraud?

bmittman@markhofflaw.com (Blog Author)3273 — Mon, 30 Jun 2008 08:00:00 EST

It's shocking but true – New York area employers are cheating the State Workers' Comp fund of between $500 and $1 billion dollars each year. If that's not enough to get your blood boiling, then wait until you find out what they're doing – and the effect it has on the benefits you receive if injured.

If you're a construction worker in New York, it's possible that your employer has reported your job title to the State as "clerk". This means that they're paying a much lower premium to insure you. How about this – some companies underreport the wages they pay to save money, or they're classifying employees as independent contractors to skimp on premiums. They'll even try to pay you cash to keep your job and your wages off the books completely!

What does this mean for you? Well, with less money going into the State fund, premiums have to be increased for honest businesses in order to cover all of the workers' comp payouts. It also means that you might receive less money or reduced benefits if you're injured on the job. That doesn't sound fair, does it?

Are you a New Yorker concerned about your on the job injury or problems with your workers' compensation claim? Please contact us to find out how we can help protect your rights and get you what you need.

9/11 Workers Receive Additional Protections

bmittman@markhofflaw.com (Blog Author)3028 — Fri, 13 Jun 2008 08:00:00 EST

Governor Paterson of New York has proposed legislation to expand coverage of the presumptive accidental disability retirement benefits to first responders and 9/11 workers.

"In the midst of the devastation of September 11th, men and women in public service risked their lives to aid in the search for survivors and victims," said Governor Paterson. "As the nation grieved these heroes returned to work day and night, selflessly placing their own health at risk. It is our duty to offer them the protections they deserve in their time of illness."

New York Self Insured Trusts - No Trust and Certainly Not Insured

bmittman@markhofflaw.com (Blog Author)3024 — Thu, 12 Jun 2008 08:00:00 EST

As noted in a previous post (Injured Workers Will Suffer again)on this Blog, there is a financial and social disaster about to behalf the injured workers in New York State. New York allows for Self-Insured Trusts. Basically groups of similar employers who pull monies together to insure themseleves and provide approriate Workers' Compensation Benefits to injured workers.

Unfortunatley, mismangement, greed, and non-existent oversight have led to a disaster that harkens back twenty-five years to the great Savings and Loan scandals! Yes, dozens of Self-Insured Trusts are about to or have gone belly-up. Recently, CRM a "third-party" coordinator and provider of such services has surrendered its license in New York. The Workers Compensation Boardis seeking to help "bail out" these trusts and everyone in the State of New York, the taxpayer, will foot the bill.

Workers' Compensation has been hailed as the Great Compromise over the past ninety years, where workers gave up their right to sue an employer, and the employer promised to secure payment of workers compensation benefits (medical and indemnity). Yet in the Self-Insured world of New York today, the ultimate party to pay will be all of us, and the only one truly being hurt will be the injured worker.

Imagine, suffering the indignity of being injured on the job, struggling to make payments on bills due to paltry benefits, trying to recover from a traumatic injury, and now being told you may or may not get benefits until this mess is straightened out, and oh yeah, you ultimately pay for your own care anyway since the taxpayer will be bailing out these trusts.

The business community, the Workers' Compensation Board and the State of New York has failed! I will be posting additional links and stories with the grueling details, stay tuned!

NYC Suspending Crane Construction After May 30 Accident

bmglas@wm.edu (Blog Author)2854 — Sat, 31 May 2008 08:00:00 EST

New York City is going to suspend all crane construction until after the weekend and hire another 20 safety engineers following the latest Manhattan crane crash. The new engineers will begin to monitor the hundreds of construction sites in the city. The city will spend a total of $4 million on the engineers.

The recent crane crash in NYC has also sparked interest in other cities. Boston and D.C. are also reassessing their crane safety procedures.

Two workers were killed and a third was injured in the May 30 crash when a crane fell onto a 32-story building in Manhattan's Upper East Side. The crane also crashed into the 23-story building across the street.

Mayor Bloomberg has called the crash "unacceptable and intolerable." We agree and will continue to monitor any progress made by NYC and the Department of Buildings. As always, our thoughts go out to the family and friends of those workers injured in the crash.

Social Security Administration Puts Finishing Touches on Ticket to Work Program

bmglas@wm.edu (Blog Author)2839 — Thu, 29 May 2008 08:00:00 EST

The Social Security Administration has made a few final rules changes to the Ticket to Work program. The Ticket to Work program is designed to assist injured people who are on Social Security Disability Benefits in getting the skills, training, and support that they need to get back to work. The program has been in effect since 2002 and is now in its final form. To check out our primer on the Ticket to Work Program, click here.

Expanded Eligibility. Eligibility for the Ticket to Work program has been expanded to include beneficiaries who are expected to improve from their current condition. Under the old rules, only those who were permanently disabled were eligible.

Increased Incentive for Employment Networks. Under the new rules, the Employment Networks are receiving greater financial incentives to participate in the program. The Employment Networks are state or private entities that take responsibility for providing job training. This service is provided cost-free to Social Security Beneficiaries.

A More Effective System. The new rules provide a better alignment of the Ticket to Work Program with other return to work programs – like the Work Incentives Planning and Assistance Program, the Protection and Advocacy for Beneficiaries of Social Security Program, and other Social Security work incentive programs.

Guess What? Giving Birth Does not cure Work Related Injuries!

bmittman@markhofflaw.com (Blog Author)2765 — Thu, 22 May 2008 08:00:00 EST

For years, those of us who have appeared before the New York State Workers' Compensation Board have had to deal with some ridiculous legal theories and Law Judges who bought into those theories.

One such theory was that a woman who was injured on the job was entitled to benefits for her work related injury. However, if she was pregnant, or became pregnant, then upon giving birth her benefits were reduced becuase of the birth! INSANE! My response to the insurance carriers and judges was always, so giving birth cured her back condition! RIDICULOUS!

Well, I am pleased to see that this practice has just cost the State of New York over $900,000.00 in a settlement of an Equal Employment Opportunity Commission Lawsuit. The Department of Corrections of the State of New York attempted and succeeded in slashing benefits to dozens of female C.Os upon giving birth. Now the Department must rightfully pay up and let us all hope this insidious discrimination has ended! A recent article on the decision appeared in the NY Post.

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

bmittman@markhofflaw.com (Blog Author)2615 — Wed, 07 May 2008 08:00:00 EST

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.

AMA Defeated in NY, at least for now!

bmittman@markhofflaw.com (Blog Author)2595 — Tue, 06 May 2008 08:00:00 EST

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!

NYC Hosts "Construction Safety Week"

bmglas@wm.edu (Blog Author)2554 — Thu, 01 May 2008 08:00:00 EST

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.

Perhaps the most important item on the agenda is the April 28 Scaffold Safety seminar. Scaffold and high-rise safety has been in the news several times already this year since the crane collapse that killed seven workers on March 15, 2008.

Following the rash of worker deaths earlier this year and criticism from Mayor Bloomberg, Patricia Lancaster resigned her post as the city's building commissioner. She has been replaced by acting commissioner Robert D. LiMandri. The city remains committed to worker safety, demonstrating that committment with another $4 million in funding to the Buildings Department to hire 20 specialized engineers to reinspect excavation, concrete, and crane operations around the city.

Doctors to Employers: Stop Downplaying Workers' Injuries!

bmglas@wm.edu (Blog Author)2553 — Thu, 01 May 2008 08:00:00 EST

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.

The doctor's are upset that employers seem to care more about their own bottom lines than about their employees well-beings. It works something like this. Employers are required to record all workplace injuries that require time off or medical treatment beyond first aid. Workplaces with low injury rates have lower insurance premiums. So employers have an incentive to under-treat injuries. For instance, a cut that might require stitches is sometimes treated with a simple bandage. Because the bandage is "first aid," but stitches are not, the bandage goes unreported and the insurance premiums stay low.

Outraged that ACOEM members are pressured by employers to under-treat their patients, McLellan has contacted the Occupational Safety and Health Administration (OSHA) and expects to meet with them about his concerns next month. ACOEM's goals are to have OSHA regulators rely on a broad spectrum of workplace safety measures (not just the number of injuries) and to rewrite some of the rules in order to remove the incentive to underreport injuries.

Anything that gets employers to stop caring so much about their bottom lines and a little more about their employees sounds good to us!

TOTAL INDUSTRIAL DISABILITY AND THE NEW YORK WORKERS COMPENSATION BOARD

bmittman@markhofflaw.com (Blog Author)2526 — Tue, 29 Apr 2008 08:00:00 EST

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!

Injured Workers Will Suffer Again!

bmittman@markhofflaw.com (Blog Author)2264 — Wed, 02 Apr 2008 08:00:00 EST

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

The New York Workers' Compensation Law (WCL) allows for groups of similarly situated employers to enter into self-insured trusts to fund their workers' compensation liability. In the past, there have been self-insured trusts for "Beer Wholesalers" and "Health Care Industry Workers". The purpose of such trusts was to allow like employers to pool their risk and receive reduced premiums, while allow the administrators of such trusts to specifically tailor its claims practices to those unique industries - and thereby properly and sensibly set premiums. This has never really happened.

Many of these self-insured trusts remain or were woefully underfunded, and this has led to the NYS WCB seeking to shut those trusts down. In fact, the Chairman of the WCB, Zachary Weiss had proposed funding reform to assure liqudity of these trusts and has recently requested authorization for a $60 million bond issue to help defray the costs of the suspensions an to assure continued payment to injured workers covered under these defunct trusts!

While I appauled the Chairman for seeking to reassure the system, what is wrong here? Why should injured workers suffer due to the inefficiencies and negligence of the past administrations and the NYS WCB! Why should taxpayers be invovled in bond issues to bail out big business that has made money hand over fist in the workers' compensation arena.

Unfortuantely, my experience has shown me that even with the protections being sought, it is the injured worker who will suffer. Who will pay the checks? What will the delay be? Who will handle these claims? If our experience with insurance carriers in liquidation is any example, these answers are simple...the injured worker will be forced to suffer during the delays and administrative nightmares piled on top of an already over-beauracratic system!

How Many Workers' Comp Insurers Were Lying to Regulators?

bmglas@wm.edu (Blog Author)2229 — Fri, 28 Mar 2008 08:00:00 EST

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.

In a third-party complaint filed last week, AIG accused Liberty Mutual, The Hartford Financial Services Group, adn a dozen other insurance companies of dumping the shared costs of the pool on AIG and suppressing probes into their own business practices.

The dispute here is ultimately over who gets to foot the bill for the underfunded state reinsurance pool. New York established the reinsurance pool to serve as a payor of last resort for workers' compensation claims in the case that an insurance company went bankrupt. As a trade-off for the privilege of doing business in New York, each insurance company is required to submit payment into the reinsurance pool in proportion to their share of the New York workers' compensation market. So, if a company was writing 11% of the workers' compensation contracts, they would be responsible for 11% of the pool.

However, companies soon realized that if they could underrepresent the amount of money that they were making from the New York, they would be able to save money off of their share of the reinsurance pool.

AIG was busted back in 2006 and was to pay over $300 million in unpaid costs and is now trying to shift the blame away from themselves and onto the other workers' compensation insurance companies.

Insurance companies will do anything to make more money, even if it involves lying to state regulators.

149 Busted for Workers' Comp Fraud in 2007

bmittman@markhofflaw.com (Blog Author)2216 — Thu, 27 Mar 2008 08:00:00 EST

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.

149 people were arrested for workers' compensation fraud, including 89 who had been fraudulently accepting benefits while secretly working second jobs.

The New York Insurance Department's press release can be accessed here.

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

bmittman@markhofflaw.com (Blog Author)2082 — Fri, 07 Mar 2008 08:00:00 EST

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!!!!

450,000 New Yorkers Might Miss Tax Rebate Check

bmglas@wm.edu (Blog Author)2023 — Fri, 29 Feb 2008 08:00:00 EST

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.

Because many seniors and disabled individuals are either on supplemental security income or social security disability, they do not earn enough income to be required to file the tax paperwork. However, in order to be eligible for the rebate, the Social Security Administration is reminding citizens that filing is a must.

Anyone recieving Social Security benefits should read this page of the IRS website, which contains information on how to be sure that you recieve your payment.

SSA to Hire 144 New Judges

bmglas@wm.edu (Blog Author)2019 — Fri, 29 Feb 2008 08:00:00 EST

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.

As we have previously reported, the SSA has some serious backlog issues, but the hiring of news judges is a good first step toward speeding up the claims process. Other steps include opening a National Hearing Center, completing a nationwide Quick Disability Determination program, implementing compassionate allowances, and eliminating aged cases.

The SSA anticipates hiring a total of 175 new Administrative Law Judges this year. Due to litigation and budget cuts, the agency currently has about 10% fewer ALJs than it did ten years ago. Unfortunately, the number of cases awaiting decision has more than doubled during that same ten years.

Insurance Carriers Change IMEs!!

bmittman@markhofflaw.com (Blog Author)1976 — Tue, 26 Feb 2008 08:00:00 EST

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

Independent Medical Exams are NOT independent!!!!

bmittman@markhofflaw.com (Blog Author)1975 — Tue, 26 Feb 2008 08:00:00 EST

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

AMA Rears its ugly head in New York!

bmittman@markhofflaw.com (Blog Author)1846 — Tue, 12 Feb 2008 08:00:00 EST

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.

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

bmittman@markhofflaw.com (Blog Author)1827 — Fri, 08 Feb 2008 08:00:00 EST

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.

Second, during the recent workers' compensation reform negotiations, all the negotiators from the Governor's office, Speaker Silver's office and Senate Majority Leader Bruno's office promised that "AMA Guidelines will never come to NY!". Well, word on the street is that the Governor's man heading the Medical Guidelines Task Force just hired Dr. Christopher Brigham, the insurance and defense industry's best friend, to implement the AMA guidelines in New York. With more flip-flops like this, Governor Spitzer may morph into Mitt Romney - and we all know where good 'ol Mitt is now.

SSA Unveils Plan to Unclog Hearing Backlog

bmglas@wm.edu (Blog Author)1743 — Fri, 25 Jan 2008 08:00:00 EST

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.

While this effort is laudable, there is still more wokr to be done. The next step of the plan is to reduce the number of hearing requests at are at least 900 days old. There are over 135,000 such requests, which have been pending for nearly 3 years. That number represents 18.1% of the total cases before the ODAR.

The plan to continue to expedite these cases is three-fold and should eventually trickle down to make the entire process much faster

First, the agency plans to improve hearing office procedures by reducing the nubmer of aged cases and allowing senior attorneys to make initial adjudicatory decisions.

Second, the agency will increase adjudicatory capacity by filling the Administrative Law Judge's dockets to capacity. The plan also involves the hiring of more Administrative Law Judges and improving their productivity.

The final step in the plan is to increase the agency's efficiency by automating some of the processes. By using electronic files, the agency hopes to streamline the hearing process.

The full report from ODAR may be accessed here.

New York Recieves "C+" for Emergency Medicine

bmglas@wm.edu (Blog Author)1725 — Mon, 21 Jan 2008 08:00:00 EST

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.

New York recieved an "A+" for Public Health and Safety. The state performed particularly well in "Annual per capita expenditure on hospital care," ranking third in the country.

The state recieved "B-" grades for both Access to and Quality of Care. Contributing to this sub-par score was New York's ranking of 43rd in "Percentage of population with access to Enhanced 911 services" and 49th in "Number of emergency departments per 1 million people."

However, the state recieved a "D-" in the Medical Liability category. Most of the Medical Liability grade was based on the $250,000 non-economic cap on medical malpractice liability. This cap prevents plaintiffs from recovering more than a quarter-million for pain and suffering due to physician negligence.

Proposed Forms New York Workers' Compensation - Public Comment period

bmittman@markhofflaw.com (Blog Author)1628 — Wed, 09 Jan 2008 08:00:00 EST

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!

Eric Dinallo - Candidate for NY Attorney General

bmittman@markhofflaw.com (News Author)13498 — Fri, 19 Mar 2010 08:00:00 EST

Ten Democratic County Chairs announced support of Eric Dinallo to succeed Andrew Cuomo as New York State’s next Attorney General. Dinallo, who was appointed NYS superintendent of insurance in 2007, was instrumental in reforming NY's workers' compensation system. Reports indicated Dinallo was responsible for saving businesses $1 billion a year and increasing payouts to injured workers by 75%.

Currently, Dinallo is Henry Kaufman Visiting Professor of Finance at New York University's Stern School of Business, teaching in the markets, ethics and law program.

Buffalo Man Arrested for Workers' Comp Fraud

bmittman@markhofflaw.com (News Author)13499 — Fri, 19 Mar 2010 08:00:00 EST

Yet another case of workers comp fraud.

Jose Padilla was arrested in Buffalo for collecting workers' compensation benefits for a back injury resulting from his working in a salt factory. He claimed he was unable to walk without assistance and couldn't even go grocery shopping. Videotape showed him repairing a motor vehicle and walking moving about without assistance. Padilla was charged with grand larceny and workers' compensation fraud.

Construction Worker Falls Into Empty Concrete Basin

bmittman@markhofflaw.com (News Author)13478 — Thu, 18 Mar 2010 08:00:00 EST

A construction worker fell off scaffolding and into the empty concrete basin as he was doing construction on a swimming pool in a high school on Staten Island, NY. He tumbled into the 12-foot deep end and wasn't moving. Fortunately, his workplace injuries were non-life threatening. He is eligible for workers' compensation benefits even though the had just started working there.

Road Construction Begins in Western, NY to limit traffic accidents

bmittman@markhofflaw.com (News Author)13481 — Thu, 18 Mar 2010 08:00:00 EST

Live in Western, NY? Be prepared for road congestion as construction will begin along lanes of I-190 and I-290 - one of th worst interchanges in Tonawanda. Many construction accidents as well as personal accidents, some resulting in deaths, have occured in this area - especially at the entrance to I-190 going north. In an effort to remedy the situation, a massive road construction project will begin -- construction crews will basically be starting from scratch, rather than simply doing a "quick fix."

Drivers should be aware the ramps connecting the two highways will be reduced from two lanes to one starting March 16. The connector ramp which allows traffic from Sheridan Drive onto the I-190 northbound will be closed entirely beginning March 18. It is expected this project will not be complete until December of 2011.

Payment for Workers' Comp Fraud? Probation and Jail Time for NY Man

bmittman@markhofflaw.com (News Author)13326 — Wed, 10 Mar 2010 08:00:00 EST

Joseph Gambino, from Saugerties, New York, admitted to illegally accepted workers’ compensation benefits over a period of 3 years. He was sentenced to 30 days in jail, five years of probation upon release, and required to make $77,800 in restitution after accepting his guilty plea to charges of both workers' compensation fraud and insurance fraud.

Gambino was receiving workers' comp benefits from the New York State Insurance Fund due to cliams that he'd suffered a job-related back injury. Video footage showed him moving furniture, riding a motorcycle without the cane he'd been relying on heavily during medical exams, and other physical activities.

Crane Owner Gets Criminal Charges for Construction Worker Deaths

bmittman@markhofflaw.com (News Author)13303 — Tue, 09 Mar 2010 08:00:00 EST

James Lomma, a construction crane owner, and Tibor Varganyi, a mechanic, are paying for the inadequate repair job on a giant rig, which fell apart and killed two construction workers on Manhattan's Upper East Side in May 2008. Both were charged with manslaughter.

It appears workers spotted a crack in the turntable in May 2007 and Lomma told Varganyi to arrange for a replacement. After getting the work done, they were aware there was still potential trouble and did not follow the required rules and safety guidelines to prevent this construction accident.

Loma, 64, and Varganyi, 63, face up to 15 years in prison if convicted. The slain workers' families, who are suing Lomma and others over the collapse, welcomed the criminal case. The victims families are eligible for workers compensation death benefits.

Employee Charged with Collecting Workers' Comp Benefits

bmittman@markhofflaw.com (News Author)13304 — Tue, 09 Mar 2010 08:00:00 EST

Former New Yorker, Veronica McClendon, was accused of collecting workers' compensation benefits while working at a Walgreens drug store in Virginia. She has been ordered to pay $36,000 to the New York State Insurance Fund.
Ms. McClendon was receiving workers' compensation benefits after claiming a job-related injury prevented her from working. She was charged with workers' compensation fraud.

Current Backlog Of Disability Cases Plummets

bmittman@markhofflaw.com (News Author)13277 — Mon, 08 Mar 2010 08:00:00 EST

Michael J. Astrue, Commissioner of The Social Security Administration, announced on March 2, 2010 that his agency has effectively reduced the current backlog of disability cases to under 700,000, a feat that hasn't been reached since 2005. Astrue attributed the successful decrease in cases to the Administration's recent hiring of additional Administrative Law Judges as well as the opening of National Hearing Centers throughout the country.

Astrue also announced that the national processing time for disability claims has gone down 72 days. For a full version of Social Security's press release on this topic, click here.

Workplace Stress - Impact on Police Officers

bmittman@markhofflaw.com (News Author)13240 — Fri, 05 Mar 2010 08:00:00 EST

The pressures on police officers significantly impact their physical and mental health. Think about it. Police officers
may be expected to shoot someone, be shot at, see a partner killed, use force to resist a physical attack, rescue a battered child, participate in a high-speed chase, and inform a parent that his or her child has been killed in a traffic accident. If that isn't stressful, what is?

There are many reports on the negative impact stress can have on our lives. We must learn to manage the stress, especially when it is part of our daily lives due to the occupations we choose. The University of Buffalo (UB) conducted a long-term study that followed more than 400 police officers. Results showed that officers over the age of 40 have a higher 10-year risk of a coronary event than the national average. It went on to illustrate 72 percent of female officers and 43 percent of male officers have higher than recommended cholesterol levels, and police as a group have higher than average pulse rates and diastolic blood pressure. It also noted an increased amount of suicide. Police officers, suffering from these conditions, may be eligible for workers' compensation benefits.

These statistics identify the need for police departments to implement intervention programs and create opportunites for police to discuss these issues, especially for male officers. It has been suggested that in some ways female officers have a better of chance of dealing with these work related issues than their male counterparts as it is still more acceptable for woman to act upset and discuss their feelings while males often talk about stressful events but not about the fear and emotions that are associated with these events.

Researchers admit that publishing papers and conducting stress studies will not influence police departments to change overnight, but it is the first step in raising awareness and bringing this issue to the forefront so that it is addressed. Helping officers manage stress and encourage them to talk about their feelings, thus helping them remove the stigma that they are weak if they show emotional response to their situations is a step in the right direction.

Markhoff & Mittman prepared a FREE report - a guick guide to Workers Compensation for NYC Department of Corrections Uniformed Employees - request your copy today!

FREE SOCIAL SECURITY DISABILITY SEMINARS IN NEW YORK

bmittman@markhofflaw.com (News Author)13200 — Tue, 02 Mar 2010 08:00:00 EST

Markhoff & Mittman's series of FREE SOCIAL SECURITY DISABILITY SEMINARS continues MARCH 3rd, 7-9pm

7 Mistakes That Could Cost You Your Social Security Disability Benefits
1. You didn't submit the correct medical evidence
2. You missed your consultative exam
3. Your eligibility was limited to a specific time period
4. You didn't provide the proper testimony at your hearing
5. You failed to properly fill out required paperwork
6. You missed your appeal deadline
7. You failed to address the issues in your specific case

You cannot afford to miss this free opportunity to learn more about the disability process and how you can avoid these costly mistakes

FEDERAL SOCIAL SECURITY DISABILITY BENEFITS
FREE SEMINAR

WEDNESDAY, MARCH 10th 7pm - 9pm
COMMUNITY MEDICAL CARE OF NY, P.C.
1963 Grand Concourse, 2nd Floor
Bronx, New York 10453

Call (718)-509-9596 to reserve your seat

These seminars in no way provide the dissemination of legal advice. Information obtained is strictly information and should be treated as such.

Injured Worker Accepts Settlement for $1.7 Million Dollars

bmittman@markhofflaw.com (News Author)13171 — Mon, 01 Mar 2010 08:00:00 EST

As reported in The Buffalo News, Timothy Carson of Niagara Falls, New York, accepted a $1.75 million insurance settlement for an on the job injury which took place almost three years ago. Carson suffered severe neck and shoulder injuries when scaffolding collapsed during the construction of a wing of Niagara Street Elementary School. The cash settlement will be paid by the contractor that employed Carson at the time of his accident.

Carson, who hasn't worked since the accident, requires daily pain medication and has been told by doctors he is unlikely to be able to return to his work as a carpenter. Employees hurt on the job in New York are eligible for workers compensation benefits.

Desperate for help, Social Security Disability recipients bend rules

bmittman@markhofflaw.com (News Author)13146 — Sun, 28 Feb 2010 08:00:00 EST

Social Security disability fraud continues to be an issue for the Social Security Administration (SSA), especially as the economy struggles, making it difficult for some individuals to make ends meet.

Some disability benefits recipients continue to collect benefits even though they have recovered, for example if they are no longer suffering from a temporary permanent disability. Other benefit recipients use their disability benefits to supplement income they bring in, income that is over the limit allowed and that they do not report to the SSA, as required by law.

However, given the massive backlog of new disability benefits applications and the backlog of denied case appeals, the SSA has difficulty following up on fraud allegations. In addition, some reports estimate that if the SSA had the time and resources to follow up on disability benefit recipients who are up for a medical review, they could save $10 to $11 billion.

Savings of that magnitude could be achieved if all individuals who no longer need disability benefits stopped receiving them, and if SSA were able to recover money paid in excess to those individuals.

When individuals cheat the SSDI system to take disability benefits that they don’t deserve, they are, in a way, stealing from individuals who are genuinely disabled and depend on disability benefits to survive.

Worker's HIV Status Disclosed by Social Security Disability program

bmittman@markhofflaw.com (News Author)13149 — Sun, 28 Feb 2010 08:00:00 EST

Is medical information that individuals disclose to the Social Security Administration’s disability program confidential? A man who lost a professional license after his medical condition was disclosed to his employer by the SSA sued the federal government for violating the Privacy Act.

The man, Stanmore Cooper, a pilot, applied to the SSA disability benefits program in order to receive medical benefits. In his application, he revealed that he was HIV positive, information that he withheld from the Federal Aviation Administration (FAA).

Cooper’s name came to the attention of the FAA during a criminal investigation aimed at evaluating pilots’ medical fitness to fly. The agency was trying to determine if pilots were seeing different doctors, one to certify that they had a disability for the SSA and another to certify that they were medically fit to fly.

The investigation, dubbed “Operation Safe Pilot”, involved the SSA providing the medical records for about 45,000 Northern California residents to the FAA. All the individuals involved had applied for pilot licenses.

Cooper was called out in the investigation as a pilot who was receiving disability benefits from SSA while he held an FAA license to fly. Upon finding out that he was HIV positive, the FAA took away his pilot license. It was standard practice to deny licenses to HIV positive pilots until recently. After being caught, Cooper admitted that he withheld information about his HIV positive medical condition from the FAA on license applications in 1998 and 2004.

Cooper pleaded guilty to a misdemeanor charge of making a false statement to the FAA and paid a fine. However, he went on to sue the federal government for violating the privacy act, and a U.S. District Court determined that he could recover damages over the unlawful disclosure of his medical information.

New York insurance fraud crackdown: 154 arrests, $16.6 million saved

bmittman@markhofflaw.com (News Author)13151 — Sun, 28 Feb 2010 08:00:00 EST

Workers’ compensation fraud accounts for huge losses every year, both to the insurance industry and to individual workers. When businesses or employees commit workers’ comp fraud, they divert resources intended for truly deserving injured workers and drive up the cost of premiums for employers.

In New York, the battle against wasteful fraud is fought by the New York State Insurance Fund (NYSIF). In the last 15 years, NYSIF’s efforts have led to 1,382 arrests for insurance fraud and have saved the state $183.1 million.

Last year alone, the NYSIF’s fraud program led to 154 arrests and saved $16.6 million. Fraud is perpetrated in a variety of ways. In some cases, workers claim to be injured and collect workers’ comp benefits, yet they hold a job or operate a business. Some workers recover from a legitimate injury or illness, but fail to notify the insurance company that they no longer need benefits.

Theft from a deceased family member is another problem, for example the child of a deceased worker who was collecting workers’ comp benefits may withhold notifing the proper authorities so they can continue collecting benefits.

Businesses commit workers’ compensation fraud as well, sometimes misclassifying workers so they don’t have to pay the appropriate premiums on high-risk employees like construction workers. Other businesses illegally classify full-time employees as “independent contractors”, which saves them money on premiums.

Space Heaters - Major Cause of Home Heating Fire Deaths

bmittman@markhofflaw.com (News Author)13097 — Fri, 26 Feb 2010 08:00:00 EST

A report released earlier this month by the National Fire Protection Association (NFPA) states that home fires involving heating equipment such as space heaters are the second leading cause of home fire deaths. The NFPA is sending out this reminder as half of all home heating fires occur in December, January and February.

50% of fires caused by space heaters occur because something flammable was too close to the heater. Flammable materials should be kept at least three feet away from space heaters.

In an effort to generate public awareness, the NFPA offers fire safety tips which focus on heating safety and specifically addresses the use of portable electric space heaters, fuel burning space heaters and wood burning stoves.

East Broadway Mall Accused of Stiffing Workers and Gouging Tenants

bmittman@markhofflaw.com (News Author)13072 — Thu, 25 Feb 2010 08:00:00 EST

Demonstrators stood in front of East Broadway Mall, beneath the Manhattan Bridge, accusing its operators of labor law violations and rent gouging of commercial tenants. They were there to support a press conference the militant Chinese Staff and Workers’ Association was having with the hopes of getting attention so that the government would investigate questionable practices at the mall.

The protest was against the bosses for multiple violations of the law including hefty rent increases which would kick out small businesses and also accusations that of inappropriate treatment of construction workers who were working on renovations without overtime or unemployment benefits when they were laid off. One of the injured workers commented that he had received some workers’ compensation, but it was discontinued.

Workers' Comp Insurance Fraud - 154 Arrests Last Year

bmittman@markhofflaw.com (News Author)13027 — Wed, 24 Feb 2010 08:00:00 EST

The New York State Insurance Fund (NYSIF) announced that its program targeting workers’ compensation insurance fraud resulted in 154 arrests last year. The most commonly seen workers' comp fraud was in cases where injured workers are receiving workers' comp benefits and at the same time running other businesses or are employed by other companies.

The NYSIF, New York's largest workers compensation and disability benefits carrier, is a leader in the fight against workers' comp fraud. NYSIF is a competitive insurance carrier that sells workers’ compensation insurance and disability benefits insurance to any employer doing business in New York State. It investigates only workers’ compensation and disability benefits fraud involving claimants, policyholders or medical providers who are doing business with them.

OSHA Report - Worker Deaths Due to Hazardous Gas in Recycling Facility

bmittman@markhofflaw.com (News Author)13029 — Wed, 24 Feb 2010 08:00:00 EST

OSHA, The U.S. Department of Labor's Occupational Safety and Health Administration, has completed inspections they were required to do as a result of three employee deaths in Jamaica, NY this past June. An employee of S. Dahan Piping and Heating Co. died because of inhaling hydrogen sulfide gas while cleaning a dry well at Regal Recycling Company, two other employees died in their attempt to rescue him.

OSHA reports this incident as a confined space death. A confined space is one that has limited or restricted access of entry or exit, is large enough for a worker to enter and work in, but is not designed for continuous occupancy. Regal Recycling failed to post signs warning its employees of hazards that may be present in a confined space, such as the dry well. If you are working under hazardous conditions be mindful of your workplace rights and what you can expect from your employer.

S. Dahan Piping and Heating was issued ciatations for the confined-space hazards and for not having a respiratory-protection program. Regal Recycling Co. was issued one citation for the absence of warning signs and for not correcting hazards they were told to due so after an inspection in January 2009, six months prior to the deaths. If you are OSHA workplace rights

The families of those who perish in these unfortunate situations are eligible for workers' comp death benefits.

Live Disability Webcast - Wednesday, February 24th at 7pm

bmittman@markhofflaw.com (News Author)13010 — Tue, 23 Feb 2010 08:00:00 EST

When Should A Person Apply For Disability?

When it comes to applying for disability benefits, you should be fully prepared to take on the difficulties associated with a disability case. At the very top of this list is the question of when to apply for the actual benefits. Markhoff & Mittman's series of live disability webcasts continues on Wednesday, February 24th at 7pm when Disability lawyer Scott Daniels will break down the advantages and disadvantages to applying at certain times.

The live show is broadcast directly over the internet and can be heard right on your computer. There's even a free call-in number if you would like to ask Mr. Daniels a question directly. Click here to be directed to the live webcast.

Volunteer Firefighter Celebrates 100th Birthday

bmittman@markhofflaw.com (News Author)13011 — Tue, 23 Feb 2010 08:00:00 EST

The Firemen’s Home, located in Hudson, recently celebrated the 100th birthday of one of its volunteer firefighters, William “Bill” LaGrange.

Bill was born in Westerlo, New York on January 18, 1910. He grew up on his family’s farm where he helped his father with the farm as well as other family businesses. After completing high school, Bill worked as a tractor trailer mechanic before helping to found the Westerlo Volunteer Fire Company, where he served as an active member for 69 years.

Happy Birthday, Bill!

Prevent Accidents and Save Lives with Alert Safety Vests

bmittman@markhofflaw.com (News Author)13014 — Tue, 23 Feb 2010 08:00:00 EST

A Valley Stream, NY company, Alert Safety Vests, reports that their safety clothing prevents accidents caused by drivers who experience low visibility on the road due to weather and other road conditions near construction sites and other outdoor work sites.

According to statistics, workers and pedestrians who wear brightly colored clothing instead of high-visibility clothing can only be seen approximately 250 ft. away. This is considered less than the size of a high school football field.

Wearing bright colors has been suggested for years for anyone walking, bicycling or engaging in other activities on the road during dusk and evening hours. Workers and pedestrians should wearing high-visibility clothing to increase their visibility to oncoming traffic. Industrial workers, to prevent worker injuries and construction accidents, are required to wear safety clothing by law that contains protective wear such as reflective jackets, vests and reflective hats.

Appeals Court Upholds Workers' Comp Insurance for Truck Driver in Iraq

bmittman@markhofflaw.com (News Author)12955 — Mon, 22 Feb 2010 08:00:00 EST

The Defense Base Act, a workers' comp program administered by the U.S. Department of Labor, made it possible for truck driver, Jesse Barrios, to receive workers' compensation benefits for an eye condition that was likely worsened by his employment in Iraq. Mr. Barrios' employer was also ordered to pay his medical bills. Established in 1941, the primary goal of the Defense Base Act was to cover workers on military bases outside the United States.

NY Workers Comp Board Removes Osteopath from Treating Injured Workers

bmittman@markhofflaw.com (News Author)12956 — Mon, 22 Feb 2010 08:00:00 EST

The New York Workers' Compensation Board removes another doctor from its authorization list for treating injured workers. Robert Beloten, Chairman of the NY Workers' Comp Board, announced the removal of Dr. Nathan W. Keever, an osteopath from Cazenovia, NY, this past Friday. Dr. Keever's removal was for engaging in professional misconduct.

Spine Stimulation - Beneficial if Back Injury Persists After Surgery?

bmittman@markhofflaw.com (News Author)12907 — Fri, 19 Feb 2010 08:00:00 EST

A recent study shows spinal cord stimulation may not be an effective method for patients who are still experiencing lower leg and back pain following back surgery. Spinal cord stimulation, a procedure in which implanted electrodes send small electrical impulses into the spine, has been used for nearly fifty years, however questions remain about the risks of the procedure and it's effectiveness. Workers' compensation claimants with persistent low back and leg pain following back surgery are part of the investigation.

The Journal Pain published notes on this study by Dr. Ajay D. Wasan of Brigham and Women's Hospital and Harvard Medical School in Boston in which she comments that the findings do not mean that the procedure -- spinal cord stimulation -- will not help some people. She believes people with radiating pain on one side of the body, those who are functioning better before undergoing the procedure, and those in better psychological health are more likely to benefit.

SSA Adds Conditions to It's Compassionate Allowances Program

bmittman@markhofflaw.com (News Author)12915 — Fri, 19 Feb 2010 08:00:00 EST

Last week, Michael J. Astrue, Commissioner of Social Security, announced that the Administration will be adding 38 more medical conditions to it's Compassionate Allowances Program. This program allows specific disability claims to be decided in a matter of days, as opposed to months, or sometimes years, if the claimant's medical condition clearly rises to the level of disability.

This is the first expansion of the program since it's inception in October of 2008. The original 50 conditions include terminal illnesses and very serious medical conditions that clearly meet Social Security's definition of "disabled." The new conditions to be added range from adult brain disorders to rare diseases affecting mostly children.

CLICK HERE to view Social Security's press release announcing the expansion of the Compassionate Allowances Program.

Employers Save on Workers' Comp Costs by Misclassifying Employees

bmittman@markhofflaw.com (News Author)12893 — Thu, 18 Feb 2010 08:00:00 EST

New York Times reporter, Steven Greenhouse, reports on a federal crackdown to enact stricter penalites to employers for misclassifying workers as independent contractors, rather than employees, to save on workers compensation premiums.

Many workplace experts are reporting an increase in the number of companies who are cutting costs by classifying regular employees as independent contractors, although they are giving them desks, phone lines and assignments just like regular employees. Companies who do this avoid paying Social Security, Medicare and unemployment insurance taxes for those workers. And, many of these misclassified workers are avoiding taxes as they are not reporting their full income. The touch economic conditions are likely the reason we are seeing an increase in companies labeling workers as independent contrators.

Employers deny misclassifying workers. Rather, they say the lines are unclear between employee and independent contractors. The major difference between the two - workers are categorized as employees when someone else controls how and when they perform their work, independent contractors are generally in business for themselves, and control their own work. Truck drivers, construction workers, home health aides and high-tech engineers are the positions which are most often misclassified.

The article quotes a contract worker, Fritz Elienberg as saying “I didn’t feel like an independent contractor. I didn’t feel like my own boss. I always believed I was an employee. It’s a win-win situation for them and a lose-lose for us. We didn’t get overtime, sick days, vacations, health insurance or pensions.” Mr. Ellenberg's suffered a work injury but workers' compensation did not cover his medical bills because he was considered an independent contractor.

Markhoff & Mittman Present A Series of Live Webcasts - Tonight at 6pm!

bmittman@markhofflaw.com (News Author)12894 — Thu, 18 Feb 2010 08:00:00 EST

In addition to our series of FREE Social Security Disability Seminars held throughout New York, Markhoff & Mittman is proud to announce a series of Live Disability Webcasts on BlogTalkRadio in an attempt to educate the public on the complexities of obtaining Social Security Disability Benefits.

Why is it so hard to obtain benefits?

How can I win my case?

How do I know if I qualify for benefits?

Do I need an attorney?

Will I have to testify at a hearing?

These are just a few of the questions surrounding every disability claim. The disability lawyers at Markhoff & Mittman are extremely excited about informing the public about the current disability sitauation. "Our goal is to provide insight into the disability process and how to take the right steps to ensure a favorable result," says Brian Mittman, managing partner of Markhoff & Mittman.

CLICK HERE to listen to tonight's live broadcast.

NY Workers Comp Board Announces License Suspensions

bmittman@markhofflaw.com (News Author)12868 — Wed, 17 Feb 2010 08:00:00 EST

The New York Workers' Compensation Board announced the removal Dr. Jerome Benjamin Leff, podiatrist, and Dr. Anothony R. Latona, chiropractor, from its authorization list for treating and examining injured workers.
Dr. Jerome Benjamin Leff admitted to practicing with negligence on more than one occasion. Dr. Anthony R. Latona voluntarily resigned his authorization to treat injured workers and to conduct IMEs.

Buffalo Mayor Determined to Identify False Claims of Worker Injuries

bmittman@markhofflaw.com (News Author)12869 — Wed, 17 Feb 2010 08:00:00 EST

Mayor Byron W. Brown of Buffalo, New York is determined to identify police and firefighters who are falsely claiming to be injured on the job siting instances of those who then receive full salaries and benefits while working second jobs. "The increasing cost to the city of injured-on-duty employees collecting full workers' compensation when, even if it's legal, it isn't always right," commented Mayor Brown.

The mayor wants to address situations of injury claims by those who then go golfing, run a business or serve as community activists. He wants to curb the practices of those who go from doctor to doctor so that they can go injured on duty every couple of years for six months or more at a time, and wind up with more money as a result because they make more injured than working for lack of Social Security, Medicare or income taxes.

In New York State, a person has to come off injured-on-duty status voluntarily and then apply for lower disability payments. The mayor wants to launch investigations to crack down on abuses. He needs to negotiate with unions to change the rules - to see about getting those who are "injured on duty" for 12 months with no chance of returning to full duty be required to switch over to state disability.

New York business owner charged with workers' comp fraud

bmittman@markhofflaw.com (News Author)12883 — Wed, 17 Feb 2010 08:00:00 EST

A New York man has been accused of taking more than $43,000 in workers’ compensation benefits that he did not deserve over a several year period. As a result, the man, Dennis J. Clark, 50, of Remsen NY, is facing charges of fraud.

The case was investigated by the New York State Police and the Workers’ Comp Board Office of the Fraud Inspector General. Based on findings from the investigation, Clark has been charged with third-degree insurance fraud, first-degree falsifying business records, and fraudulent practices of the workers’ compensation law.

Clark collected the benefits that he is accused of stealing while he was the owner and operator of the Flinstone Construction and Sanitation Removal business in the town of Russia. The company was a garbage collection business.

After being arraigned in the Town of Russia Court, Clark will have to appear in court again at a later date for further court action. The three charges against him are felonies, which could lead to serious consequences if he is found guilty.

Fraud by New York business owners is becoming more common, and experts are blaming tough economic conditions in today’s economy. Employers are defrauding the workers’ comps system in a variety of ways, from employee misclassification to intimidating workers so they don’t file claims. Authorities are working to crack down on such fraud, but have a long road ahead.

IRS to crack down on NY workers' compensation employer fraud

bmittman@markhofflaw.com (News Author)12860 — Tue, 16 Feb 2010 08:00:00 EST

During these tough economic times some employers are trying to save money by reclassifying workers as independent contractors rather than full-time employees. How does this save money? Independent contractors can be left without any benefits or help after a work-related injury.

The practice of classifying workers as independent contractors has become more popular of late, as companies finding themselves in dire financial straits are seeking ways to save money. Classifying workers as contractors can save up to 30 percent of a company's payroll, as the business does not have to pay for workers' compensation benefits, among other things.

The Internal Revenue Service (IRS) and a number of states, including New York, are fighting for workers' rights by cracking down on this practice. Of concern is the fact that an injured independent contractor is not covered by their employer's workers' compensation insurance, so they are often left to fend for themselves after an on-the-job accident.

Across the country, according to the GAO worker misclassification cost the federal government $2.72 billion in a single year because of lost payments towards Social Security, unemployment and lost income tax. In New York, from September 2007 to the end of 2009 $390 million worth of wages went unreported due to employee misclassification.

Not only that, but the problem seems to be getting worse. In the sixteen month period leading up to December 2008 there were 12,300 cases of employee misclassification; in the twelve months following there were a whopping 19,200 more. Times are tough, sure, but that is no excuse to defraud the working men and women of New York.

Skydiver Takes Plea in Workers' Comp Case

bmittman@markhofflaw.com (News Author)12843 — Mon, 15 Feb 2010 08:00:00 EST

Jacob Bancroft, a 29 year old skydiver and mounttain climber, who made national television last year avoided a prison sentence but will have to pay back at least $54,000. over the next four years to stay out of jail. Bancroft's case made national news last year after being featured in a national television report on insurance fraud along with a video of him skydiving while receiving workers' compensation benefits for a back injury.

NYS Workers' Comp Board Removes Two Doctors

bmittman@markhofflaw.com (News Author)12844 — Mon, 15 Feb 2010 08:00:00 EST

The New York State Workers' Compensation Board (SWCB) announced the removal of two doctors from its authorization list for treating injured workers. he license of Dr. Messim Roumi was suspended for six months effective Jan. 20. Reports of treatments provided prior to Jan. 20 are considered valid. Another doctor, Gabriel G. Feldmar, surrendered his license to practice psychology in New York effective Dec. 23, 2009. Reports of treatment provided prior to Dec. 23 are considered valid.

Hurt on the Job? Follow These 5 Steps to Ease the Pain

bmittman@markhofflaw.com (News Author)12845 — Mon, 15 Feb 2010 08:00:00 EST

Workers injured on the job often face many challenges as they seek to obtain workers' compensation benefits. The New York Daily News ran an article today which addressed five steps to ease the pain including the importance of reporting the incident, documenting everything, complying with regulations and obligations as defined by the company you work for, filing accurate cliams and seeking legal help.

Workers Compensation claims can often be complicated. At Markhoff & Mittman, we are happy to offer a FREE consultation to evaluate your case and suggest the best course of action. Call us toll-free at 866-205-2415.

Workers' Comp Insurer Postpones IPO

bmittman@markhofflaw.com (News Author)12811 — Sat, 13 Feb 2010 08:00:00 EST

Market conditions are the rationale behind Workers' compensation insurer, Patriot Risk Management Inc.'s, decision to postpone its IPO. The Florida based ompany did not announce a new pricing date.

Queens Senator Blasts Workers' Comp Board for Digital Audio Recording

bmittman@markhofflaw.com (News Author)12797 — Fri, 12 Feb 2010 08:00:00 EST

As reported in the Queens Gazette, State Senator George Onorato argued plans to automatically record some workers' compensation hearings instead of using stenographers. His position - recording equipment is not authorized by current law and unless the law is changed, the Workers Comp Board doesn't have legal authority to replace stenographers with recording equipment. In this age of computers and technology replacing individuals and changing roles in the workplace, many attorneys for employers, insurance carriers and injured workers are objecting to the use of recording equipment because of issues with malfunctions in the equipment which has led to mistrials in courts in other states who've made the switch away from stenographers.

NYC Dept of Buildings Investigates Death of Construction Worker

bmittman@markhofflaw.com (News Author)12801 — Fri, 12 Feb 2010 08:00:00 EST

The NYC Dept of Buildings investigates death of construction worker, Jozef Wilk, who fell from scaffolding into an elevator shaft while working on a demolition site at Columbia. A stop-work order was implemented immediately as the case is under investigation. Wilk was treated for cardiac arrest afther the incident but was declared dead upon arrival at St. Luke's Hospital. He is survived by his wife and two children. It is important for grieving families to know that New York Workers' compensation laws provide workers comp death benefits for the families of workers killed on the job.

NYC Owner Steals from Employees - Claims for Workers Comp Insurance

bmittman@markhofflaw.com (News Author)12744 — Wed, 10 Feb 2010 08:00:00 EST

A nursing registry owner in NYC was charged with stealing $300,000 from his employees by fraudulently deducting money from their paychecks. Rather than purchasing workers' compensation insurance for his employees – as irequired by law – he pocketed their money. Employees should be aware. If you see wages deducted for workers compensation insurance contact the Workers Compensation Board immediately -- it is illegal to be charged for this insurance.

According to the charges in this case, $1 an hour was deducted from the payroll checks of approximately 221 employees.

Report - Settlements Possible for 9/11 Rescue Workers

bmittman@markhofflaw.com (News Author)12745 — Wed, 10 Feb 2010 08:00:00 EST

A federal judge, interviewed for the New York Times, indicates that thousands of lawsuits filed by 9/11 rescue workers against the city are moving closer to settlements. Approximately 11,000 Sept. 11 rescue workers have pending lawsuits against the city and other agencies.

NYC has asked Congress to revamp the Victim Compensation Fund to address the needs of the thousands of rescue workers who have made legal claims against the city. Under the terms of the Victim Compensation Fund — a federal relief program — rescue workers who developed symptoms after the filing period or who were not working at Ground Zero within four days of the attack were excluded. It seems that despite the citys plea requesting help from Congress, they will be paying for a significant portion of the workers' compensation.

Governor Paterson Announces Nomination for Commissioner of Labor

bmittman@markhofflaw.com (News Author)12714 — Mon, 08 Feb 2010 08:00:00 EST

Governor Paterson announced the nomination of Colleen Crawford Gardner as the next Commissoner of Labor replacing M. Patricia Smith, who is leaving to serve as Solicitor for the U.S. Department of Labor. Gardner brings a wealth of experience to the position, having worked to strengthen worker protection, labor standards, apprenticeship, and workforce development programs including initiatives to help injured workers return to work in New York State.

Ms. Gardner will serve as acting Commissioner until she is confirmed by the New York State Senate.

Social Security - Recipient Statistics

bmittman@markhofflaw.com (News Author)12716 — Mon, 08 Feb 2010 08:00:00 EST

The Old-Age and Survivors Insurance (OASI) program and the Disability Insurance (DI) program each disburse benefits to eligible retired or disabled workers and their dependents who have been covered by payroll
contributions.

Benefit payments are disbursed by the relevant trust fund. Retired workers and their eligible dependent family members, as well as the dependent family members of deceased workers, receive benefits from the Old-Age and Survivors Insurance trust fund. Disabled workers and their eligible dependent family members receive benefits from the Disability Insurance trust fund. Break downs of recipients by trust fund, by entitlement, and by age and where they live are available.

If you are uncertain on obtaining benefits, Social Security Disability Attorneys can help you. Call Markhoff & Mittman for a FREE consultation.

Disabling Injury - Will you be one of the 31 million people this year?

bmittman@markhofflaw.com (News Author)12685 — Sat, 06 Feb 2010 08:00:00 EST

Questions surround the recent information reported from the disabilitiy insurance industry -- do you really have an 80% chance of becoming disabled during your working years? The odds of an injury or illness that would keep you out of work for more than three months range wildly, depending on where you look for guidance.

While reports indicate that another disabling injury occurs every second, it has been noted that "disabling" has been defined quite loosely. The fact remains that there is significant risk -- quite often workers don't pay enough attention to the reality of disability. You might take the Personal Disability Quotient quiz on the Web site of the Council for Disability Awareness. Then you can decide what you might need with regard to social security disability insurance.

New York State Insurance Fund Distributes Millions in Dividends

bmittman@markhofflaw.com (News Author)12652 — Fri, 05 Feb 2010 08:00:00 EST

The New York State Insurance Fund (NYSIF), a non-profit agency of New York State created as part of Workers' Compensation Law of 1914, distributed 173.3 million dollars in dividends this month. The dividends were distributed to policyholders as a reward for exceptional record of workplace safety and sound business practices.

NYSIF is a competitive insurance carrier that sells workers’ compensation and disability benefits insurance to any employer doing business in New York State.

Make NY's Economy More Competitive - Reduce Works Comp Costs

bmittman@markhofflaw.com (News Author)12654 — Fri, 05 Feb 2010 08:00:00 EST

You've heard the term, the "sandwich" generation which refers to the many baby boomers who are being pulled in two directions - caring for their children and their adult parents. Now, due to the tough economy, this group is facing another challenge - twice the costs in a tough economy. A non-partisan agenda during the legislative session will focus on getting the more-than 800,000 New Yorkers who are out of work employed and the need to reduce energy, transportation, regulatory and workers’ compensation costs to make New York’s economy more financially competitive -- a goal being to help the "sandwich" generation.

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Injured workers' attorneys oppose new plan by Workers' Comp Board

bmittman@markhofflaw.com (News Author)12655 — Fri, 05 Feb 2010 08:00:00 EST

The New York Bar Association mounted an offensive this week representing a coalition of defense and injured workers' attorneys who oppose a controversial new plan by the State Workers' Compensation Board (SWCB) which will divert a significant number of claims away from formal hearings before the board's law judges.

The new process will eliminate hearings that require claimants to lose time off work for issues that could be settled "off-calendar." Attorneys are concerned as they believe this process will jeopardize the due-process rights of both claimants and employers. There is also concern that following the new program means workers comp issues will be resolved by the SWCB without sufficient information.

Workers' Comp Board Determines Hip Condition Unrelated to Work Injury

bmittman@markhofflaw.com (News Author)12656 — Fri, 05 Feb 2010 08:00:00 EST

WorkCompCentral reports on a comp case of a home care attendant who applied for workers' comp benefits after suffering injuries from lifting a patient. Medical evidence found injury was due to a pre existing medical condition and not work related injuries.

New York Disability Attorneys | Social Security Changes

bmittman@markhofflaw.com (News Author)12621 — Thu, 04 Feb 2010 08:00:00 EST

Early last month, the Social Security Administration rolled out it's new changes to it's various benefit programs. Social Security disability eligibility requirements were changed slightly, but these changes could mean the difference between getting benefits and not being eligible for them.

For those already receiving disability benefits, there were no Cost of Living Adjustments, so disability amounts will not be increased. Periodically, the Social Security Administration will make structural changes to their benefit plans. Knowing how these changes might affect your benefits, or ability to receive these benefits, is very important to you and your family.

Check out Social Security's changes by clicking here.

Money-Saving Strategies for Workers' Compensation

bmittman@markhofflaw.com (News Author)12573 — Tue, 02 Feb 2010 08:00:00 EST

The owner of an asbestos-removal company in New York was sentenced to prison for failing to pay workers' compensation premiums. His crime? Classifying crew members as independent contractors rather than employees, avoiding payment of more than one million dollars. Fortunately, there are ways to save on workers' comp expenses that don't involve dodging obligations. How? Cultivate "safety" -- many managers report reducing workers' comp costs by taking a close look at their environment, identifying potential hazards and implementing safety precautions.

Narcotics are Behind the Rising Costs of Drugs Used in Workers Comp

bmittman@markhofflaw.com (News Author)12553 — Mon, 01 Feb 2010 08:00:00 EST

The National Council on Compensation Insurance released a new study which reports that narcotics account for nearly one-quarter of all workers' compensation prescription drug costs. In workers comp, narcotics are used primarily for back injuries.

The Food and Drug Administration is in the process of establishing a federal program to ensure the safe, appropriate use of narcotics. The active ingredient oxycodone, which includes the popular painkiller OxyContin®, represents the largest share of narcotics costs at 37.4 percent, followed by hydrocodone at 23 percent, and fentanyl, which includes one of the most expensive drugs -- Duragesic®, at 11.8 percent.

When employers misclassify jobs, New York workers lose

bmittman@markhofflaw.com (News Author)12531 — Sat, 30 Jan 2010 08:00:00 EST

Employers are misclassifying so many workers’ jobs that New York is losing millions of dollars. To combat this loss, the Senate Labor Committee has decided to track down and prosecute businesses that misclassify workers.

Worker misclassification is used to not only avoid paying appropriate levels of workers’ compensation insurance, but it is also used to avoid paying fringe benefits and payroll taxes. Some workers are paid under the table to supplement what they are paid “on the books”.

This practice not only shorts the state of much needed funds, but also makes it that much harder for legitimate businesses that play by the rules to compete effectively with companies that cheat. It is much easier for companies that underreport their staff and salaries to undercut legitimate businesses for contracts.

A report released in 2007 by Cornell University estimated that the underreporting of unemployment wages in New York added up to over $4.2 million. The industry most responsible for underreporting employees and wages was the construction industry, accounting for 45,000 of 704,785 so-called independent contractors.

The chair of the New York State Workers’ Compensation Board Robert E. Beloten has added that the practice of misfiling workers’ compensation occupation codes – one way that businesses try to reduce their workers’ comp insurance premiums – is another form of misclassification.

How Jeffrey Fenster Landed on The Workers' Comp Board

bmittman@markhofflaw.com (News Author)12481 — Fri, 29 Jan 2010 08:00:00 EST

Inside Workers' Comp NY takes a look at the selection of Jeffrey Fenster, who was recently selected by Governor David Paterson to serve as executive director of the Workers’ Compensation Board of New York State. The focus is on networking and the importance of this strategy if you are embarking on a job hunt.

Business Owners Spend Thousands of Dollars Annually on Workers' Comp

bmittman@markhofflaw.com (News Author)12483 — Fri, 29 Jan 2010 08:00:00 EST

Workers' Comp was created to protect workers if they are injured on the job due to no fault of their own. Unfortunately, there are employees who abuse this system -- where does this leave a corporation? Companies have one or two choices, (1) to continue to spend money on fraudulent insurance claims which negatively impacts the bottom line or (2) to hire the services of professional private investigators like ICORP Investigations.

New Report Shows Low-Wage Workers Are Cheated of Pay

bmittman@markhofflaw.com (News Author)12495 — Fri, 29 Jan 2010 08:00:00 EST

The National Employment Law Project released a report indicating that more than half of the low-wage workers in NYC are being cheated out of more than $3,000. annually. These workers were either not paid minimum wage or overtime, or because of another violation of labor laws. These workers, including laundry employees, home health care aides, deliverymen and grocery baggers, would still earn less than $400 a week, on average, if they were being paid fairly, according to the report.

The report also concluded that the state’s workers’ compensation system was “not functioning as intended.” Of the workers surveyed who had been seriously injured in the past three years, only about one-tenth of them had filed claims for workers’ compensation. And, nearly half of them reported that they'd been required to keep working despite their injuries.

Workplace Accident Kills Sanitation Worker In Queens

bmittman@markhofflaw.com (News Author)12498 — Fri, 29 Jan 2010 08:00:00 EST

The Uniformed Sanitationmen's Association mourns Frank Justich, the driver of a truck who was killed in a workplace accident this past Tuesday. The accident occurred around 7:45 a.m. when a Mack, making a right turn, struck the truck. Unfortunately, Frank Justich was standing at the rear of his garbage truck at the time of the collision. Mr. Justich leaves behind a wife and two children. The family is eligible for workers comp benefits.

Authorized Provider Shortage in Rochester Obstacle for Injured Workers

bmittman@markhofflaw.com (News Author)12502 — Fri, 29 Jan 2010 08:00:00 EST

In the past two years a number of physicians have voluntarily surrendered their authorizations to treat workers' compensation claimants. This Authorized Provider Shortage, primarily in Rochester, provides an obstacle for injured workers.

To address this siuation, effective immediately, The New York State Workers Compensation Board has included in the list of prescribed medical report forms the CMS-1500 (or HCFA-1500) form with detailed narrative reports or office notes. Authorized physicians, podiatrists, chiropractors and psychologists in the Provider Shortage Area may submit a CMS-1500 with a detailed narrative report or office notes instead of one of the prescribed C-4 forms. Once it is determined that the shortage no longer exists, the C-4 forms will again be required.

New Workers' Comp Board Executive Director Selected

bmittman@markhofflaw.com (News Author)12467 — Thu, 28 Jan 2010 08:00:00 EST

New York Governor David A. Paterson has made a controversial selection for one of the new Workers’ Compensation Board positions. Paterson recently named Jeffrey R. Fenster as the board’s new executive director, a position that has been vacant since last October when Joseph Pennisi resigned to become the Senate finance secretary.

The choice of Fenster is controversial because critics contend that he has no management or workers’ compensation experience at all, and is only 29 years old, having graduated from the University of Michigan Law School in 2006. As the executive director of the board, Fenster is in charge of the board’s daily operations and will be paid $141,730 (a significant pay cut from his previous job, according to Fenster).

The New York Workers’ Compensation Board has a tough job. With a budget of $210 million, they must make decisions about compensation for injured workers across the state while at the same time trying to ensure that employers and insurance companies are not defrauded.

Fenster will apparently begin his new job with limited responsibilities, as the board provided him with a list of 10 duties that were assigned by the chairman. The duties – ranging from various committee memberships to deciding appeals – are narrower than those enjoyed by his predecessors.

The limits on Fenster’s job duties are seen as a sign by some that the chairman of the board, Robert E. Beloten, does not agree with the decision to hire Fenster as executive director.

Farmworkers Bill Still Debated in Senate

bmittman@markhofflaw.com (News Author)12407 — Wed, 27 Jan 2010 08:00:00 EST

The Senate is currently debating a bill that would give more rights to farmworkers including overtime pay and mandatory rest periods. If the bill passes, farmworkers would be entitled to one-and-a-half times their base pay after working more than 60 hours in a week or 10 hours in one day. They would also be entitled to one full day off each week. In addition, farmworkers would be required to pay for unemployment insurance and workers' compensation benefits.

"Right now, the farm worker doesn't have the right to join a union. Every other worker does," said Denis Hughes, president of the New York State AFL-CIO. "He or she should have the same rights as every other worker in New York."

NY Workers Comp Board Announces Temporary License Suspension

bmittman@markhofflaw.com (News Author)12438 — Wed, 27 Jan 2010 08:00:00 EST

The Workers' Comp Board has advised that Dr. Samir Haddad has agreed to a three month suspension of his medical license in New York State. The suspension ends on or about April 6, 2010. Dr. Haddad is permanently precluded --either individually or through a professional corporation -- from evaluating, treating, or billing patients whose medical services are reimbursed though no-fault insurance or workers' compensation.

SSA to pay doctors $15 to file medical records electronically

bmittman@markhofflaw.com (News Author)12446 — Wed, 27 Jan 2010 08:00:00 EST

What, you may be wondering, is the Social Security Administration doing now to cut down on the massive disability claims backlog? They’re trying a new way to get doctors to send patients medical records in electronic form – payment.

The SSA now plans to pay doctors $15 each time they send a disability claims applicant’s records electronically. The administration believes that this change will significantly cut down on the claims backlog.

Delays are a serious concern to SSA, since it can take anywhere from several months to several years for claimants to find out whether or not their claim or their appeal has been approved. This creates an enormous hardship for some claimants, forcing them to look elsewhere for money to survive day-to-day until they get disability benefits.

SSA expects that the electronic transmission of medical records could save an enormous amount of time. Now, records that used to take months to receive and process can be acquired within minutes.

Of course, it remains to be seen if this effort to pay doctors to ‘do the right thing’ will actually take off. Not all medical offices are set up to transmit patient records electronically, which could slow things down. Hopefully the lure of receiving $15 per patient will be enough to induce doctors to take this important step.

SSA makes disability claims determination data public

bmittman@markhofflaw.com (News Author)12447 — Wed, 27 Jan 2010 08:00:00 EST

In an effort to support President Obama’s Transparency and Open Government initiative, the Social Security Administration (SSA) has made a variety of data sets, including those pertaining to disability claims, available to the public.

The two files that will probably be of the most interest to those applying for SSA disability benefits are:

ALJ Disposition Data – A listing of hearings completion data by name of individual administrative law judges (ALJ) for all ALJs in ODAR. The data includes hearing office name, total dispositions, decisions, allowances, denials and fully favorable or partially favorable decisions.
Hearing Office Average Processing Time Ranking Report – A ranking of the 143 ODAR hearing offices by the average number of days until final disposition of the hearing request. The average shown will be a combined average for all cases completed in that hearing office. Users will be able determine where a particular hearing office stands among the total with respect to this workload category.

According to SSA, the information that they have made available will provide value by allowing researchers to study the work-related experiences of disability beneficiaries and by allowing claimants and other interested parties to view the hearing workloads types of decisions made by Administrative Law Judges and to determine how much longer they may have to wait for a hearing and for a decision about their case.

Right now the SSA has 16 data sets available on www.data.gov – and more may be made available as time goes on. You can see these data sets by clicking here.

Compassionate allowances for schizophrenia

bmittman@markhofflaw.com (News Author)12448 — Wed, 27 Jan 2010 08:00:00 EST

Compassionate allowances are a way for the Social Security Administration (SSA) to quickly provide benefits to applicants who have medical conditions that are so severe that there is no question that they meet disability standards.

The SSA maintains a list of conditions and diseases that are qualify for a compassionate allowance, and they periodically add to and update this list as necessary.

The administration has been considering whether or not to add schizophrenia in young people to the list of disorders covered by the Compassionate Allowance program. The SSA has teamed up with the National Institute of Mental Health and the National Institutes of Health to hold hearings on this matter.

Under discussion is how SSA can use their compassionate allowance program to identify young adults with schizophrenia and provide them with benefits to keep them from being adversely affected by homelessness and unemployment. Schizophrenia affects over two million Americans, mostly people in their teens and twenties.

To date SSA has been able to fast-track about 150,000 cases under the Compassionate Allowance and Quick Disability Determination processes. These processes can be a life-saver for Americans affected by extremely serious medical conditions and diseases that leave them unable to work or support themselves independently.

Employee Misclassification Costing New York Millions

bmittman@markhofflaw.com (News Author)12406 — Tue, 26 Jan 2010 08:00:00 EST

The Senate Labor Committee is going after businesses that misclassify their employees to avoid paying fringe benefits and payroll taxes. Instead they pay these workers cash under the table or call them independent contractors. This practice prevents these employees from receiving benefits such as workers' compensation and health care and costs the state millions of dollars.

Robert E. Beloten, chair of the New York State Workers' Compensation Board, pointed out that it is difficult to indentify when a businesses is not playing fairly by misrepresenting their employees. "Misclassification has been habitually hard to identify," he said, because there are no requirements in the state for filing reports on independent contractors with either the Tax or Labor departments, or with the Workers' Compensation Board.

A task force on employee classification has been able to recover more than $389 million in unreported wages, as well as $11 million in unreported insurance taxes through the work of enforcement and data sharing between agencies involved in looking into this matter.

Markhoff & Mittman Newsletter - January 2010

bmittman@markhofflaw.com (News Author)12374 — Mon, 25 Jan 2010 08:00:00 EST

Recently published -- the January 2010 edition of M&M News.

Use of Temporary Workers Invites Exposures

bmittman@markhofflaw.com (News Author)12375 — Mon, 25 Jan 2010 08:00:00 EST

With the economic situation the way it is and companies still working with smaller teams, the number of temporary workers in still on the rise. While this carries many benefits, employers must be sure they are aware of state and federal employment laws. Many don't realize that when they hire temporary employees through temp agencies they're potentially exposing themselves to most, if not all, the same risks that are involved in directly hiring employees. Thus, the use of temporary workers can invite exposures for which employers. Keep in mind, a major benefit of using stafffing agencies to fill temporary spots -- they generally pay workers compensation premiums for the worker, which provides the employer with liability protection if the worker is injured.

Social Security Disbility Benefits -- Attend FREE Seminar in NY

bmittman@markhofflaw.com (News Author)12290 — Thu, 21 Jan 2010 08:00:00 EST

Join us for our FREE Seminar on how to obtain social security disability benefts. Seminar will be held Wednesday, January 27th from 7:00 - 9:00 pm at The Church of St. Paul & St. Andrew on 86th Street between Broadway and West End Avenue in New York. Call (718) 509-9596 to reserve your seat!

NY Man Falsifies Medical Claim to Access Workers' Comp Benefits

bmittman@markhofflaw.com (News Author)12292 — Thu, 21 Jan 2010 08:00:00 EST

James Lacey, a New York man from Morrisonville, New York, was recently arrested on the same fraud charge as seven years ago. Lacey sufferered from a back injury yet failed to reprot a similar work-related injury. In 2003, he pleaded guilty to charges of insurance fraud and workers' compensation fraud for exaggerating the extent of a disability caused from a work-related injury.

Jeffrey R. Fenster Picked for Workers' Compensation Board Post

bmittman@markhofflaw.com (News Author)12250 — Mon, 18 Jan 2010 08:00:00 EST

As reported in the New York Times, Jeffrey R. Fenster was named by Governor David Paterson as the Executive Director of the New York Workers' Compensation Board. The judges and claim examiners on the Workers' Comp Board decide compensation for injured workers. Prior to this position, Mr. Fenster was a litigation associate at Strook & Strook & Lavan.

Fewer Fatal Workplace Accidents Reported in New York City

bmittman@markhofflaw.com (News Author)12173 — Tue, 12 Jan 2010 08:00:00 EST

As reported by The Associated Press, there were fewer fatal construction accidents in New York City this past year as compared to prior years. In addition to this being a result of slowdown in construction due of the economy, it is also likely due to tougher enforcement of safety rules. While the number of fatalities was down, the number of construction worker injuries rose in 2009. This increase could be due to more accidents being reported. Read full article.

Independent Cab Drivers in NY to gain Workers' Comp Benefits this Year

bmittman@markhofflaw.com (News Author)12174 — Tue, 12 Jan 2010 08:00:00 EST

Governor Paterson signed a new law which will allow independent cab drivers in to gain workers' compensation benefits as of January 1, 2010. New York City as well as Westchester and Nassau counties now have clear rules to determine when livery drivers are employees or independent contractors of livery companies. The new state law benefits independent drivers by creating a fund that will help provide workers' compensation benefits to them and their families in case of injury or death. Read full article.

Workers' Comp Board Announces New Executive Director

bmittman@markhofflaw.com (News Author)12150 — Mon, 11 Jan 2010 08:00:00 EST

Effective today, Jeffrey Fenster begins his new position as Executive Director of the Workers' Compensation Board. Mr. Fenster will spend much of his time working out of the Brooklyn District Office. The appointment was announced by Governor Paterson in a press release this past Friday. Most recently, Mr. Fenster served as a litigation associate with the New York law firm of Stroock & Stroock & Lavan, LLP. Read announcement here.

Why One Employee Got Banned from Workers' Comp - for Life

bmittman@markhofflaw.com (News Author)12151 — Mon, 11 Jan 2010 08:00:00 EST

Will this article discourage employees from trying to "cheat" the system? It describes a situation where an employee is no longer able to work and is receiving workers comp benefits for substantial back injuries due to lifting boxes on the job. However, the insurance company has a video of him lifting and swinging his grandchildren in addition to doing other activities. Read article which reports that the New York State Workers Comp Board cut off his benefits due to his exaggeration.

Injured Workers - Change in Reimbursement Rate for Travel to Doctor

bmittman@markhofflaw.com (News Author)12114 — Fri, 08 Jan 2010 08:00:00 EST

The New York Workers Compensation Board released a statement indicating the adjusted amount of reimbursement per mile for travel to and from your doctor. Eeffective January 1, 2010 the new rate is 50 cents per mile.

No Way to Band-Aid Hurt of $25. Fee

bmittman@markhofflaw.com (News Author)12100 — Thu, 07 Jan 2010 08:00:00 EST

As Robyn Williams, a 27 year old woman from Rensselaer, learned the hard way a number of doctors are charging to complete the DB450 form which requires employers to provide coverage for temporarily disabled workers. The form must be submitted to the employer's disability insurance carrier to verify the need for benefits. Not all doctors are charging to complete this paperwork. While the fee is allowed the Workers' Compensation Board, who produces the form, has no way of knowing which doctors charge to complete it and which do not. The board does not administer the temporary disability program which is for injured workers with illnesses and injuries that are not sustained on the job, and usually only becomes involved in a case if there is a dispute about whether a disability benefits claim is valid. Read full article.

Disability Benefits Seminar

bmittman@markhofflaw.com (News Author)12091 — Wed, 06 Jan 2010 08:00:00 EST

As reported in The Bronx Times Reporter, Markhoff & Mittman, is offering a FREE seminar on obtaining social security disability benefits in the Bronx this Tuesday, January 12th at Community Medical Care of N.Y. This FREE seminar provides a unique opportunity for you to famiiarize yourself with the complexities of disability law and gain a general understanding of how the social security disability system works. Read complete article.