An interesting New York Board Panel Decision is discovered by defense attorney Timothy Kane who joins host Christian Sison for his 2nd guest appearance on the podcast. Apportionment and date of contracture become ripe issues when an established occupational disease claim reaches permanency. Does the Board Panel Decision create guidance that could result in more accurate exposure analysis? Can this be used by carriers and self-insureds to close cases faster? Listen in to this discussion.
After last month’s episode discussed a favorable Board Panel Decision to employers and carriers, life at the Workers’ Compensation Board resumes normal claimant-friendly activity with the recent Third Department decision in Taher v. Yiota Taxi. Andrea Abudayeh joins Christian Sison to discuss how the Taher decision impacts permanency cases involving established schedule and non-schedule sites. How can we best defend cases in a post-Taher world, and how are Judges applying this case going forward? Continue reading Impact of the Taher v. Yiota Taxis Decision: Third Fridays Podcast→
For the first time in the show’s history, Third Fridays podcast host Christian Sison comes to you live and without any guests. The topic is #DefendFromDay1, and the show focuses on how the movement began, how it can be currently implemented, and how we can use it for the future.
Within the construct of #DFD1, Christian reviews a recent Appellate Division case involving conflicting medical testimony on the causal relationship of a requested surgery. In analyzing the Court’s decision, it becomes clear that #DFD1 strategies would have best been used to procure an IME report much sooner and with the benefit of the pre-accident records. As to the future, Christian projects an interesting possibility as to how the Board may use medical records and testimony, in light of its recent trend towards efficiency and expediency. Continue reading #DFD1: Third Fridays Podcast→
“Virtual Hearings” have been a real thing in New York Workers’ Compensation for almost 6 months now. What works and what doesn’t work? Does it help or hurt employers and carriers? Host Christian Sison invites attorney Declan Gourley to the podcast for a brief discussion regarding their experiences with New York State’s interesting new technology. The two attorneys debate over whether this is ultimately good or bad for all parties involved and predict what the Virtual Hearing world will look like, one year from now. Continue reading State of Virtual Hearings: Third Fridays Podcast→