Workers' Compensation Law Blog | Turley Redmond Rosasco & Rosasco, L.L.P.

Workers’ Compensation: The Hearing Experience

Monday, July 29, 2019

It recently occurred to me that I am now in my 35th year of handling hearings before the New York State Workers’ Compensation Board. When I began doing this work in Brooklyn, back in 1985, the atmosphere at the Workers’ Compensation Board was quite different. One of the most notable changes is that in 2019 there are more women practicing in the workers’ compensation field. Easily half of the attorneys and insurance company representatives appearing before the Board today are women. At one time, every hearing room was staffed with a stenographer who took down the minutes of the proceedings. […]

Workers’ Compensation: Benefits Decline While Insurer Profits Rise

Wednesday, July 17, 2019

A recent study published by the New School Center for New York City Affairs paints a rather bleak picture for injured workers in The Empire State. Although the New York workers’ compensation system was, at one time, the paradigm for the rest of the country, the focus has shifted from safeguarding the needs of injured workers to minimizing employer costs. This unfortunate change is outlined in a report entitled “Time for a Real Look at How the New York State Workers’ Compensation System Treats Workers”, by James Parrott and Nicholas B Martin. According to the report, there was a 15 […]

The Mission Act Replaces The Choice Act

Tuesday, June 18, 2019

Returning home from war is tough and the life once left behind may not always be there when you return. Many, unfortunately, return home requiring constant medical attention due to chronic pain derived from the time serving our country. Up until recently, Veterans were only able to be seen by Veteran Affairs (VA) facility emergency rooms. Due to this, most of these facilities became overcrowded and veterans had lengthy waits to receive care. This is not the health care our Veterans deserve when they come home, especially when they require immediate or continual medical care. Thankfully, on June 6th, the […]

Disabled Adult Child Benefits

Monday, June 10, 2019

As the baby boomer generation prepares to retire, they begin to question what to do in their golden years. Travel? Pick up a new hobby? But for some, taking care of their disabled adult children and how to go about doing it after they retire, is a more pressing matter, one thought about way before they can even think of themselves. The Social Security Administration does have a few options for those families who may be wanting to seek assistance for their disabled adult child (DAC). A DAC is defined as an individual who is unmarried and who, before the […]

Traumatic Brain Injuries in Veterans

Tuesday, June 4, 2019

Servicemen and women risk their lives every day to keep us safe; they fight and don’t give up. For that, we are thankful. Unfortunately, while keeping our country safe, many are exposed to physical, emotional and mental hardships, which make their return home tough. Common combat injuries include second- and third-degree burns, broken bones, shrapnel wounds, spinal cord injuries and nerve damage, paralysis, loss of sight and hearing, PTSD, limb loss and traumatic brain injuries. The true cost of war is much larger than any figures provided by the Department of Defense, which only includes those wounded in action and […]

The Skinny on Veteran Obesity

Friday, May 17, 2019

Joining the military is a brave and noble duty. We appreciate their dedication and thank them for their service. Servicemen and women are brave and fight everyday not knowing if they will make it to the next day and deal with a lot of post-combat issues. Many Veterans leave the military in great physical shape, but it doesn’t always last years after their service is complete. Often Veterans become overweight years after and statistics show that out of the 33,000 September 11 service members and veterans, 52% qualify as “obese” and 6.2% qualify as “morbidly obese”. These numbers, surprisingly, has […]

The Mission Act

Thursday, April 18, 2019

For the first time in nearly 45 years, more than half of the US veterans are under the age of 65. Along with such a large veteran population, comes their (higher) expectations of the Veteran Affairs health system. Many now have different attitudes towards their care and want it in a timely and convenient manner, and who can blame them? Veterans Affairs Secretary, Robert Wilkie, has learned from his experience watching his father go through the VA healthcare system and knew something needed to change. Since, The Mission Act, passed last summer, will go into effect this June and aims […]

Why am I only receiving $150?

Monday, April 15, 2019

$150 per week is the minimum cash benefit payable to injured workers while they are either out of work or working at a reduced salary because of their work-related injury. In the very beginning stages of a claim, the insurance company will very commonly pay benefits at this minimum rate on a temporary basis until they receive accurate payroll information from the employer. However, if the employer is not quick to respond to the request for payroll records, the injured worker could go on for quite some time getting paid at this minimal amount. This, of course, can be financially […]

Understanding the Workers’ Compensation Forms

Monday, April 8, 2019

There are over 30 different forms used in the New York State Workers’ Compensation system. Some are fairly simple and straightforward while others are quite complicated and require the expertise of an attorney or claims professional. Here is a short list of forms which every injured worker should be familiar with. All of these forms are available on the New York State Workers’ Compensation Board website: www.wcb.ny.gov/forms. Form C-3 This is the form which every injured worker should complete and submit to the New York State Workers’ Compensation Board immediately after his or her injury, even though the law says […]

Loss of Wage Earning Capacity

Friday, March 29, 2019

Loss of wage earning capacity, or LWEC, is a determination made by the Workers’ Compensation Board in cases where a worker has a permanent partial injury as a result of his or her work-related injury. It is meant to show how the permanent injury affects the injured worker’s ability to earn a living. It applies to certain types of permanent injuries, typically those involving the spine, head, pulmonary and cardiac systems. It can also be applied in cases of psychiatric disability as well as certain types of extremity injuries (hands, feet, arms and legs), usually those involving complex nerve damage. […]

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Workers’ Compensation: The Hearing Experience

Workers’ Compensation: Benefits Decline While Insurer Profits Rise

The Mission Act Replaces The Choice Act

Disabled Adult Child Benefits

Traumatic Brain Injuries in Veterans

The Skinny on Veteran Obesity

The Mission Act

Why am I only receiving $150?

Understanding the Workers’ Compensation Forms

Loss of Wage Earning Capacity

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