Workers Compensation

  • William W. Crossett

    The Patient Protection and Affordable Care Act (ACA)

    With enrollment now open, I have been asked why the New York State site https://nystateofhealth.ny.gov/ requests information about Workers’ Compensation claims. While the ACA is new law, the principle that Workers’ Compensation is the primary payer is not…

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  • William W. Crossett IV

    Thoughts on independent doctor exams

    I am often asked my thoughts on independent medical exams. I question how any doctor can be considered “independent,” so it is necessary to discern what independent means. Independence is most often defined as being free from outside control and, in the…

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  • William W. Crossett

    Considering a Section 32 Settlement?

    The biggest decision you will have to make in your case is whether or not to accept a section 32 settlement, which usually means a one-time lump-sum payment, as opposed to ongoing weekly payments. Typically, a Section 32 agreement will end both the carrier’s obligation to make…

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  • Christopher Stringham

    3 Years with the Medical Treatment Guidelines: Has it Gotten Any Better?

    Commentary by Christopher Stringham, Esq. On December 1, 2010, the NYS Workers’ Compensation Board instituted Medical Treatment Guidelines for the neck, back, shoulders, and knees. The intent of the treatment guidelines was to have all parties (doctors, attorneys, insurance carriers…

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  • New York Worker’s Compensation – Medication and Transportation Reimbursement (C-257)

    For Meggesto, Crossett, and Valerino claimants with an existing New York State Worker’s compensation case, Compensation Law provides for the reimbursement of certain Medical and Transportation costs that are directly related to the injury of record. Reimbursable expenses include…

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  • Syracuse-representation-of Injured-Workers-lawyer-William-W-Crossett-IV-at-mcv-law

    I Have Been Hurt at Work. What Do I Do First?

    The short answer to this all-important question is: Report Your Injury. The Worker’s Compensation law has a two part statute of limitations. The law requires the injured worker give notice of the injury within 30 days of knowing or within 30 days of when he should have…

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  • William W. Crossett

    I am still disabled. Why do I have to look for work?

    Many injured workers find themselves in the dilemma of being unable to return to their prior work, but without medical evidence to support the proposition that they have a temporary or permanent total disability. In this instance, the New York State Worker’s Compensation Law requires…

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  • New York State Workers Compensation Law Created 1914

    Until 1914 there was no Workers Compensation Law in the State of New York. Instead, an injured worker’s remedy was to bring a lawsuit based on common law principles of negligence. That is, the injured worker had to show that the employer owed a duty to him or her, and that the employer breached that duty, causing damage or injury to the worker. The employer was allowed to argue that the injury was a result of the workers own negligence, the result of a fellow worker’s negligence, and/or that …

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