2021 New York Handbook

Download PDF Version of 2021 New York Workers’ Compensation Handbook

Extensively updated for 2021, this is our essential handbook to defending New York Workers’ Compensation claims. This edition includes an entirely new chapter analyzing how COVID-19 (SARS-CoV-2) claims are handled under the New York Workers' Compensation Law. Also included: a new overview and discussion of post-trial appeals, including sections on appeals from Board Panel Decisions, including appeal to the Full Board, Appeal to the Third Department of the Appellate Division of the Supreme Court, and final appeal to the New York Court of Appeals. We also updated all references to rates and benefits references to 2020-21 information.

Written in plain English, this guide provides a detailed analysis of relevant statutes and regulations; a complete recap of recent court decisions including 2019 & 2020 cases; and a full description of current practice. This book provides a behind-the-scenes look at the complicated issues and makes the law understandable for business owners.

What’s New in the 2021 Edition?

  • Introduction: Updated case filing facts and figures from latest (2019) Workers' Compensation Board Annual Report.
  • Chapter 1: Added information about new methods of sending information and documents to the Board, including Web Upload option.
  • Chapter 1: Added information about virtual hearing program and post-COVID hearings.
  • Chapter 3: Added information regarding payment of benefits and impact on tolling State of Limitations.
  • Chapter 5: Updated references in 'Attachment to the Workforce' section to include references to C-258.1 Form 'Claimant's Record of Independent Job Search.'
  • Chapter 7: Added section to discuss impact of 2020 case decisions and implications of claimant receiving both a SLU and LWEC award for same injury.
  • Chapter 8: Added references to additional Medical treatment Guidelines effective January 1, 2021. Added 'Elbow Injuries Medical Treatment Guidelines,' 'Ankle and Foot Injuries Medical Treatment Guidelines,' 'Hip and Groin Injuries Medical Treatment Guidelines,' and 'Occupational Interstitial Lung Disease Medical Treatment Guidelines.'
  • Chapter 9: Add information about dependency benefits available in same-sex marriage.
  • Chapter 13: Entirely new chapter analyzing how COVID-19 (SARS-CoV-2) claims are handled under the New York Workers' Compensation Law.
  • Chapter 14: Added new sections on appeals from Board Panel Decisions, including appeal to the Full Board, Appeal to the Third Department of the Appellate Division of the Supreme Court, and final appeal to the New York Court of Appeals.
  • Chapter 15: Added discussion of the 'Records Review' to the chapter on Independent Medical Evaluations.
  • Chapter 16: Added discussion of the impact of the 2017 reform creating credit for temporary disability after 130 weeks.
  • Chapter 22: Significant updates to chapter on 'Medicare Secondary Payer' to simplify discussion and include current practice tips regarding seeking CMS approval of a proposed Set Aside.
  • Added reference to 2020-2021 maximum benefit rates throughout.

Chapter List

  • INTRODUCTION
  • CHAPTER 1: CLAIM OVERVIEW
  • CHAPTER 2: FIGHTING FRIVOLOUS CLAIMS
  • CHAPTER 3: JURISDICTION
  • CHAPTER 4: EMPLOYERS AND EMPLOYEES
  • CHAPTER 5: DEFENSES
  • CHAPTER 6: ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT
  • CHAPTER 7: INDEMNITY BENEFITS
  • CHAPTER 8: MEDICAL BENEFITS AND THE MEDICAL TREATMENT GUIDELINES
  • CHAPTER 9: DEATH BENEFITS
  • CHAPTER 10: OFF THE JOB INJURIES; DISABILITY BENEFITS
  • CHAPTER 11: TRAUMATIC INJURIES
  • CHAPTER 12: OCCUPATIONAL EXPOSURE & REPETITIVE USE CLAIMS
  • CHAPTER 13: COVID-19 CLAIMS *New Chapter for 2021*
  • CHAPTER 14: TRIALS AND HEARINGS
  • CHAPTER 15: INDEPENDENT MEDICAL EXAMINATIONS
  • CHAPTER 16: UNDERSTANDING LOSS OF WAGE EARNING CAPACITY (LWEC)
  • CHAPTER 17: SETTLING CLAIMS
  • CHAPTER 18: REOPENING CLOSED PERMANENT PARTIAL DISABILITY CASES
  • CHAPTER 19: LIENS, THIRD-PARTY SETTLEMENTS, SPECIAL FUND REIMBURSEMENT, AND LOSS TRANSFER LITIGATION
  • CHAPTER 20: PENALTIES
  • CHAPTER 21: WORLD TRADE CENTER HEALTH FUND
  • CHAPTER 22: MEDICARE SECONDARY PAYER ACT
  • CHAPTER 23: OSHA – DEVELOPING A COMPREHENSIVE PREVENTION STRATEGY FOR WORKPLACE INJURIES
  • CHAPTER 24: HIPAA
  • CHAPTER 25: OWNER CONTROLLED INSURANCE POLICIES (OCIP) AND CONTRACTOR CONTROLLED INSURANCE POLICIES (CCIP)
  • APPENDIX I: GLOSSARY OF TERMS
  • APPENDIX II: NEW YORK 'CHEAT SHEETS.'
  • APPENDIX III: SCHEDULED LOSS OF USE CHART
  • APPENDIX IV: LWEC WEEKS CHART
  • APPENDIX V: MAXIMUM RATES BY YEAR

About the Publication

List Price: $199.00 (Amazon)
6″ x 9″ (15.24 x 22.86 cm)
Black & White on White paper
345 Pages
ISBN-13: 979-8678291097
BISAC: Law / Litigation

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    Take the Next Step: Register for an Upcoming Webinar on New York Workers’ Compensation Law

    Here are some upcoming New York Workers’ Compensation webinars:

    Dec
    21
    New York Workers’ Compensation Webinar: Risk Transfer & Subrogation (12 PM EST Session)
    Title: “Risk Transfer & Subrogation, New York Workers’ Compensation, 12 PM EST Sessi...
    Dec
    21
    New York Workers’ Compensation Webinar: Risk Transfer & Subrogation (3 PM EST Session)
    Title: “Risk transfer & Subrogation, New York Workers’ Compensation, 3 PM EST Sessio...

    More about our webinar learning series at LOIS.

    About the Author, Gregory Lois, Esq.

    Gregory Lois represents employers, self-insured companies, third party administrators, and insurance carriers in workers' compensation matters. Greg has served as lead attorney on more than 100 trials involving workplace discrimination, workers' compensation, and civil claims.

    About New York Defense at LOIS

    We represent insurance carriers, self-insured employers, third party claim administrators, and employers before the New York State Workers' Compensation Board. We handle cases from cradle-to-grave. We want to be by your side, moving cases aggressively to closure from the start of litigation all the way through to settlement.

    We only assign one attorney and one paralegal to each case. This means that your team members always have one contact to go to for any questions. We do not have 'hearing attorney' or a 'negotiation attorney' or 'appeal department' or anything else! All of our attorneys handle all of those roles – meaning cases are not 'passed around' as they move through the litigation process. Your risk professional or adjuster always knows who is assigned – because the attorney does not change.

    More about New York Workers’ Compensation defense at LOIS.

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