Video Library

Legal Developments and Hot Topics in New York Workers' Compensation

New York
November 17, 2021
October 21, 2020

The COVID-19 pandemic has dominated insurance industry discussions in 2020 and disrupted the ordinary course of business for the New York Workers’ Compensation Board and its stakeholders. For example, the Board suspended the labor market attachment requirement and postponed the deadline by which providers must obtain prior authorization for renewals of non-Drug Formulary medications. At the same time, however, the Board has proposed and adopted a host of regulatory changes, and several decisions have been handed down from the New York State appellate courts that significantly impact the exposure and strategic handling of claims moving forward. This webinar will provide a brief overview of legal developments in New York workers’ compensation thus far in 2020, as well as proposed legislation and pending changes to the New York workers’ compensation system that stakeholders should be aware of in planning for the future.

1. How do you avoid the "directing care" issue when providers aren't submtting medications through the formulary but you need to advise them to submit via portal?

2. Do reduced earnings count as TPD benefits towards the saftey valve?

3. Any status on virtual IME's?  Board was considering allowing this but we haven't heard any updates.

4. should we still be addressing LMA formally?

5. Are you asking claimants to confirm that they are not collecting Unemployment Insurance and have not done so since their accidents? Is that enough to cut them off?


Lauren M. Bilasz, Esquire - Partner, Chartwell Law, New York City, NY Office

Misha, Iokheles, Esquire - Partner, Chartwell Law, New York City, NY Office

This does not constitute legal advice. Every case is unique and fact-specific, and you should consult with an attorney of your choice before taking or refraining from taking any action. Chartwell has offices in many cities and states with this webinar taking place from the New York City, NY office. News reports, references and other materials noted herein are no substitute for your own investigation of relevant facts. Allegations are just that; they are not proof of any wrong doing or inappropriate practices. In some jurisdictions this is considered attorney advertising.