1. Know your medications (i)
   Always keep a list of your current medications, and know which ones you are trying to fill. Be sure you know which medications you take are related to your compensation claim, and which are not.
2. Know your medications (ii)
   Do not be afraid to ask your doctor what your medications are and what they are being prescribed for. Look them up on the internet. Be aware that doctors will prescribe medications for uses which are not considered as primary. For example, a doctor may prescribe a medication for nerve pain that is normally prescribed for seizure behavior. Medications not prescribed for their primary use can raise a red flag with the insurance carrier.
3. Know the prescribing doctor
   Most often, when you have a medical appointment, you will see a nurse practitioner or physician’s assistant. If you do, try to be sure you know the name of the supervising physician who is signing off on your medical reports.
4. Fill prescription as early as possible
   The more time you give the process, the better off you are.
5. Fill in the morning on a weekday, if possible, and avoid Friday, or days prior to a holiday
   Once again, the more time the better – insurance adjusters often have heavy case loads, start their day early, and they are usually unresponsive after 4 PM. Most calls left with the insurance carrier come with an expected response delay of at least 24 hours. It is best to assume a 48 hour turnaround to resolve any prescription that is not being authorized. Avoiding Friday means lowering the chances of going through a weekend without medication.
6. Use the phone
   Whenever possible, attempt to fill prescriptions by phone. There is no mileage reimbursement for trips to the pharmacy. If you are stuck waiting, it is better to wait at home.
7. Contact your attorney
   If you are represented by an attorney, contact the legal staff with any issues filling medications. Adjusters will not speak with represented claimants. Your attorney and their staff are experienced at handling medication issues, and are the quickest road to resolution of any prescription-related problems.
8. Have your information handy
   When you contact your attorney’s office for help with the prescription you should have the following information:
   a. Date of injury
   b. Body part for which medication is prescribed
   c. Name of medication
   d. New medication or refill?
   e. Prescribing physician/office name and location
   f. Name of the filling pharmacy
   g. Phone number of filling pharmacy

John M. Bellinger
Paralegal

Email: jbellinger@mcvlaw.com

This entry was written by John Bellinger, who is part of the Worker’s Compensation team at MCV Law.

Yes – you can collect both NYS Unemployment Insurance benefits and Workers’ Compensation benefits at the same time. Your eligibility for both benefits will generally occur if you are being paid at a partial disability rate from Workers’ Compensation and are deemed ready, willing, and able to work by the Unemployment office. Alternatively, if your doctor’s opine you to be totally disabled and you are receiving Workers’ Compensation benefits at the total rate, you are likely not eligible for Unemployment benefits.

While you can collect both benefits at the same time, you cannot collect more than your Average Weekly Wage from both benefits. For example, if your Average Weekly Wage is set at $500.00 per week, your unemployment benefits will go down if you are collecting more than this from both Workers’ Compensation and Unemployment. Your Workers’ Compensation is set first and your Unemployment benefits are adjusted accordingly. Therefore, you must report your Workers’ Compensation earnings to the Unemployment office.
William Crossett IV
Partner

Email: crossett@mcvlaw.com

Phone: 315-471-1664

William Crossett concentrates his practice in the representation of Injured Workers. Since 1982, he has appeared before the Workers’ Compensation Board and the Courts of New York. As an advocate for the Injured Worker, he has testified before the New York State Senate and has presents Continuing Legal Education programs.

Give it a try!

During the course of a New York Workers’ Compensation claim, numerous issues arise that injured workers must be aware of as they can have a significant impact on entitlement to lost wage benefits. The New York Workers’ Compensation Board can place obligations on injured workers. Not fully understanding these obligations and not complying with them can have consequences. One example is the obligation for partially disabled workers to remain attached to the labor market.

The obligation for an injured worker to seek employment within his or her light duty capabilities arises when either the claimant’s treating physician or the insurance carrier’s consultant (IME) indicates that the person has some work ability to work.

While an injured worker’s partial disability may prevent him or her from returning to their prior work, it does not necessarily prevent the injured worker from returning to all types of work. Generally, the law imposes an obligation on the injured worker to seek work consistent with his or her abilities. If the injured worker fails to do so, the insurance carrier may assert that the injured worker has voluntarily removed his or her self from the workforce, thereby allowing them to stop ongoing weekly wage benefits.

Sometimes injured workers believe that they do not have to remain attached to the labor market because they are on Social Security Disability (SSDI), collect Unemployment Insurance, have been told by their previous employer that they cannot go back to work because of their disability, or they have been terminated because of their disability.

While there are few exceptions to this rule, the exceptions are very limited. To protect yourself, we recommend that all injured workers with a Temporary Partial Disability or a Permanent Partial Disability take appropriate steps to show that they are sufficiently Attached to the Labor Market so as to prevent the insurance carrier from suspending benefits.
Injured workers demonstrate attachment to the labor market in three main ways: by performing an independent job search, by working with programs such as ACCES-VR, and by working with one stop career centers. Injured workers must provide evidence of their work search efforts.

There is case law to support the proposition that, if you are attending school FULL-TIME for retraining purposes, you are attached to the labor market. It is important that you also document your participation in a full-time program.

We recognize that this obligation is often difficult for an injured worker, but the idea is to prove that you are actively looking for work. We recommend that you use the form C-258.

MCV Law is proud to announce the launch of its very own Job Search (C-258) Form Generator to help injured workers more easily keep track of their work search efforts to avoid a suspension of benefits. The new fillable/printable form can be found here.

Christopher Stringham

Email: cstringham@mcvlaw.com

Phone: 315-471-1664

Christopher Stringham graduated from Western New England College School of Law in 2010 and was admitted to the New York State Bar as well as the United States District Court, Northern District of New York in 2011. He is a member of the New York State Bar Association, Onondaga County Bar Association, and the Injured Workers’ Bar Association of New York. He has been a member of Meggesto, Crossett & Valerino, LLP since October 2010.