New York, Results, Workers Compensation

Trial Win: Attorney Rhey Duque on “Going and Coming” Defense

In a case involving a major national retailer, LOIS attorney Rhey Duque was successful in having a claim disallowed by the trial judge on 5/2/19 after cross-examination of the claimant by Duque. This was despite the defense IME conceding causal relationship. The claimant was employed by a retail store in a mall and alleged a fall in the mall parking lot close to an entrance to the mall. Mr. Duque was able to show that the accident was not compensable as claimant fell in the a mall parking lot and there were no special hazards that the general public was not also exposed to. While the claimant attempted to argue that she parked in close proximity to her employer’s location and was walking to an employee entrance, Mr. Duque obtained favorable testimony that the claimant was not directed by the employer as to where she must park her vehicle and conceded the employee entrance was inside the mall and she had not yet entered the mall’s entrance which was also used by the general public. This win was a direct result of Mr. Duque’s aggressive cross-examination that brought to light the key facts necessary to support disallowance of the claim.

New York, Results, Workers Compensation

Trial Win: Partner Tashia Rasul Wins Reimbursement for Employer After Claimant Testifies Fraudulently

LOIS Law Firm attorney and Construction Practice Team Partner Tashia Rasul successfully won a judgment of Section 114-a fraud before a New York Workers’ Compensation Law Judge. After covert surveillance captured the Claimant performing activities that contradicted what he represented to his doctors and what he previously testified to under oath, Tashia presented that the Claimant was making material misrepresentations to the Court in order to receive Workers’ Compensation benefits. Continue reading Trial Win: Partner Tashia Rasul Wins Reimbursement for Employer After Claimant Testifies Fraudulently →

Medical Provider Claims, New Jersey, New York, New York Medical Treatment Guidelines (MTG), Workers Compensation

WCB Fee Schedule Changes Address Out of State Medical Provider Claims

Effective April1, 2019, the Workers’ Compensation Board changed the Medical fee Schedule in effect for medical payer reimbursement in New York workers’ compensation claims. This will have a significant impact on the many Medical Provider Claims filed by New Jersey doctors and medical providers seeking reimbursement for services rendered to New York workers’ compensation claimants where the Jersey provider is demanding reimbursement at a much higher (“usual and customary”) rate than would be allowed under New York’s fee schedules.

The Changes to the Fee Schedule.

Changes to General Ground Rule 16 govern reimbursement for out-of-state treatment. The Rule now provides that a claimant who lives in New York State may treat with a qualified or Board authorized out-of-state medical provider when such treatment confirms to the Workers’ Compensation law and Regulations, the MTG’s and the Medical Fee Schedule. Payment shall be made to the medical provider as set forth herein and using the regional conversion factor for the zip code where the claimant resides.

How are fee schedule reimbursements determined?

Simple. The methodology for calculating medical reimbursement fees remains unchanged. Fee schedules are both region and activity-specific. To calculate a fee for a particular procedure:

  • Identify the appropriate conversion factor, which is listed within the respective Ground Rules document. There is a conversion factor for each geographic region and general type of medical service provided (e.g., surgery, radiology, etc.). For example, in the Medical Ground Rules document, you’ll find the conversion factor table on page 12.
  • Once you have the conversion factor you need, find the CPT code for the specific type of service you want to look up.
  • For each CPT code, there is a Relative Value Unit (RVU) listed.
  • Multiply the RVU by the conversion factor to calculate the fee for that service.

The Takeaway.

The New York Workers’ Compensation Medical fee Schedules now specifically address how providers who render treatment to New York residents out-of-state should be reimbursed. This means that a qualified out-of-state medical provider should be reimbursed (paid) at the rate applicable in the region where the claimant resides (in New York). The Board has continuing jurisdiction to resolve disputes between medical providers and insurers for out-of-state medical care and now has set forth a bright-line rule for how those providers will be reimbursed.

Construction Defense Practice, New York, Results

Trial Win: Noah Pollack On Date of Disablement

In a controverted occupational disease claim where the claimant worked for three separate employers contemporaneously with the alleged disability, and depending on the setting of the date of disablement, either of the three employers could have been found to be the liable party. Adding more difficulty to the defense, our client was actually the last employer for whom the claimant worked. Generally, with occupational disease claims, the last employer is deemed liable, as the date of disablement can be set when the claimant stopped working. Moreover, the first medical reports were filed after the claimant began working for our insured. However, based on testimony taken from multiple employer witnesses as well as the claimant, we successfully argued that because of the claimant’s changed job duties when she began working for our insured (i.e. they were less strenuous), it should be a different employer that should be liable and the date of disablement should be set as the date prior to when the claimant began working for our insured. The Law Judge agreed, and set the date of disablement two days prior to when the claimant began working for our insured, placing liable on a different party. While the claim was established, our client was not deemed liable.
Case: TD v. FSH
Court: Brooklyn Workers’ Compensation Board
Trial Attorney: Noah Pollack, Esq.

About Lois LLC

Trial-tested LOIS lawyer John Marzolla delivers results

Photo of John Marzolla from the November 29, 2018 webinar o.
John Marzolla speaking at the November 29, 2018 webinar on the Jamaica hearing point going virtual.
With years of experience as an accomplished negotiator and litigator, John Marzolla has vast expertise in worker’s compensation cases. Marzolla co-founded the Lois Law Firm to focus exclusively on employer-side workers’ compensation cases and with a mission to nurture a culture of excellence in the practice of workers’ compensation law. His experienced team of worker’s compensation attorneys deliver extraordinary work product and legendary client service to employers and carriers in New York and New Jersey. Continue reading Trial-tested LOIS lawyer John Marzolla delivers results →

Defending Employers