Category Archives: Benefits

Opioid Weaning Programs under the New York Non-Acute Pain Medical Treatment Guidelines

The use of opioids is widespread in the treatment of numerous injuries in New York.  Although prescribed by a number of doctors, great care must be taken when opioids are found to no longer be necessary.  Recently, Judges have ordered both the carrier and the claimant to submit drug weaning programs when an IME doctor finds that the use of opioid drugs is no longer necessary for the claimant’s continued treatment.

What is a Drug Weaning Program and Why is It Necessary?

In New York Workers Compensation claims the use of opioids by the claimant is subject to the 2014 Non-Acute Pain Medical Treatment Guidelines (“MTG”) recommendations in section F.2.b, Long Term

Jeremy Janis
Jeremy janis, Esq.

Use of Opioids: Transitioning/Managing Patients on Existing Opioid Therapy. The claimant’s physician must abide by the MTG recommendations to ensure that the management and treatment of a patient with non-acute pain is performed according to the principles for safe long-term opioid management and guidelines for optimizing opioid care pain (F.2.c [F.2.c.i-F.2.c.ii] and F.3 [F.3.a, F.3.b.i-iv, F.3.b.c.i-ii, F.3.d.i-iv, F.3.e.i-vi]).

Some of the MTG recommendations include: the need to routinely monitor the safety and effectiveness of treatment (improved function and pain control), an informed consent form (F.3.c), opioid understanding form (F.3.c.ii), appropriate monitoring and screening (random urine drug testing (F.3.d.i-iv), unannounced pill count(s), and evaluation and monitoring   for adverse effects of and interactions with medications (F.3.b.i-ii and Table 3: Adverse Effects of Opioids). Continue reading Opioid Weaning Programs under the New York Non-Acute Pain Medical Treatment Guidelines

Post-Webinar Video: Temporary Disability Benefits in New Jersey

Here is the post-webinar video from our most recent presentation, “Do I Have to Pay Temporary Disability?” which discusses the lost time benefit under the New Jersey Workers’ Compensation Act and recent case law. To join us for our monthly webinars on New York and New Jersey workers’ compensation law, Click here to register.

Subject: New Jersey, Workers’ Compensation Law, Defenses
Date Presented: July 25, 2016
Presenter(s): Lois LLC Partner Joe Jones, Esq., Michael Gervolino, Esq., and Greg Lois, Esq.
Run time: 20:54
The complete archive of prior presentations is here. Continue reading Post-Webinar Video: Temporary Disability Benefits in New Jersey

Post-Webinar Video: Temporary Disability in New York

Here is the post-webinar video from our most recent presentation, “Should I Pay Temporary Disability Benefits?” from our New York webinar training series. The complete archive of prior presentations is here.

Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Click here to register.

Subject: New York, Workers’ Compensation Law, Indemnity Benefits, Temporary Disability
Date Presented: July 18, 2016
Presenter(s): Tashia Rasul, Esq., and Rachel Aronov, Esq.
Run time: 28:04

Rachel Aronov, Tashia Rasul, and Greg Lois present webinar on July 18, 2016.
Rachel Aronov, Tashia Rasul, and Greg Lois present webinar on July 18, 2016.

Continue reading Post-Webinar Video: Temporary Disability in New York

Evaluating the Potential Exposure of a Workers’ Compensation Claim In New York

Workers’ Compensation insurance provides cash benefits and medical care for workers who are injured or become ill as a direct result of their job.  Medical benefits include medical treatment provided, under the Workers’ Compensation Law, to injured workers as a result of injuries arising out of and in the course of employment.  Indemnity benefits is compensation paid to the  claimant for non-medical loss resulting from an injury or illness.

To calculate the possible exposure of the claim, both the indemnity

Tatyana Redko
Tatyana Redko, Esq.

and medical benefits should be considered.  The medical benefits based on the medical treatment provided.  The medical treatment can vary from conservative treatment to invasive surgery.  The cost of the medical care depends on the type of care provided. The amount of indemnity benefits a claimant will be entitled to can be calculated by relying on the medical opinions of the treating physician and the independent medical examiner. Continue reading Evaluating the Potential Exposure of a Workers’ Compensation Claim In New York

The Impact of a Social Security Disability Award on New York Workers’ Compensation Benefits

Joseph Melchionne
Joseph Melchionne, Esq.

Social Security Disability Insurance (SSDI) provides protection for injured people who need to return to work without compromising

their rights to other federal and/or state benefits.  According to the Social Security Administration, someone is “disabled” if they are not able to work as the result of an illness or injury that will last for at least twelve (12) months.

SSDI Requirements.

In order to qualify for SSDI a person:

  • must be younger than 65 years of age,
  • must have worked in a job that is covered by Social Security, and
  • must have suffered from an illness or injury that meets the aforementioned Social Security definition of “disability.”

If all of the aforementioned criteria is met, Social Security will provide monthly cash benefits to individuals who are unable to return to work for at least one (1) year because of their impairment. Continue reading The Impact of a Social Security Disability Award on New York Workers’ Compensation Benefits

New York’s Benefit Rate Increases Today.

New Rate.

For workers’ compensation claims with dates of accident or dates of disablement during the period from July 1, 2016 through June 30, 2017, the maximum weekly benefit rate will be $864.32. This is an increase from the old rate which was set at $844.29.

How is the Maximum rate Calculated?

Since July 1, 2010, the maximum weekly benefit rate for workers’ compensation claimants has been two-thirds of the New York State average weekly wage for the previous calendar year, as determined by the New York State Department of Labor (Workers’ Compensation Law §§ 2(16);15(6)). The Department of LaborLink to External Website reported to the Superintendent of the Department of Financial Services that the New York State average weekly wage for 2015 was $1,296.48. Continue reading New York’s Benefit Rate Increases Today.