Blog | MCV Law

6 Things to Know about Independent Medical Exams

1. Do I have to attend? Yes, the insurance carrier is entitled to have you examined by their doctor. If you do not attend it will harm your case. Your benefits may be stopped, and your treatment and prescriptions suspended.

2. What is the purpose of the exam? Generally the carrier is seeking another opinion on the nature and extent of your injuries, your need for treatment, and your level of disability.

3. What can you expect at the exam? An IME is not like a visit to your doctor – the IME is not treating you. The exam is likely to be very quick and focused on your degree of disability or the need for treatment or prescriptions. You may be asked to complete a questionnaire prior to the exam. Answer the questions carefully, and be sure you tell the doctor about any prior injuries or new injuries. Do not exaggerate or overstate your injury.

4. What is the IME looking for? The IME doctor will look for any inconsistencies in your behavior. This could include simple observations or may involve video surveillance. The carrier often has an investigator record video of you the day before the exam, the day of the exam, and the day after the exam to try to find inconsistencies. Be frank with the IME and your doctors about your activities of daily living. Also let the IME know of any side effects of your medications.

5. What occurs after the exam? The IME exam generates a report that is sent to all parties generally within 10 days. The report may or may not agree with your doctor and often will vary, especially in assessing your degree of disability. When the carrier receives the report, they will typically request a hearing to change the level of benefits paid. If the dispute cannot be resolved, litigation will start.

6. What is the role of your attorney when you have an IME? Your attorney is aware of your IME. It is best to talk to your attorney before you attend. Your attorney will also work with you to obtain evidence to counter the IME’s conclusions before a hearing.

5 Things Every Newly -Injured Worker Should Know

5 Things Every Newly-Injured Worker Should Know

New York Workers’ Compensation

1. The New York Workers’ Compensation System is driven by medical evidence.

2. If you are injured at work, see a doctor right away, and continue to see the doctor while you are out of work.

3. Give a complete, consistent, and accurate history of your injury or illness.

4. The New York State Workers’ Compensation Law has a two-prong Statute of Limitations. You have 30 days to notify your employer that you were injured on the job or have a work-related illness. You then have 2 years to file a claim for Workers’ Compensation benefits.

5. Having a “Carrier Case Number” does not mean that you have a New York State Workers’ Compensation case. The Workers Compensation Board assembles cases when they have both a claim and medical evidence to support a work-related injury or illness.

7 Predictions for New York Workers’ Compensation in 2015

Posted by: William Crossett In: Workers Compensation 02 Jan 2015 Comments: 0 Tags: bill crossett, crossett & valerino, hurt at work, mcv law, mcvlaw, meggesto, new york state workers' compensation, syracuse attorney's, syracuse workers compensation, william crossett, workers' compensation, workers' compensation 2015

The Team at MCV Law and I have put together our predictions for New York Workers’ Compensation in 2015.

In 2015 injured workers /claimants will see:

1. Confusion over lost wage payments – we all miss the Form C-8 that has been eliminated by the Board. Keep track of your payments or at least your stubs.

2. Reliance on electronic forms – which seek standardized answers to complicated issues, especially for degree of disability. If your disability is less that Temporary Total try to obtain specific written restrictions regarding your employability.

3. Chaos over the implementation of the Non Acute Pain Guidelines that became effective in December of 2014. Discuss with your doctor potential limitations on the medications prescribed.

4. More challenges from insurance companies and Special Funds Conservation Committee regarding long term pain medications. Understand your long term medications and discuss with your doctor how they help you work or complete the activities of daily living.

5. Fewer primary care doctors accepting Workers’ Compensation – we think the fee schedule should be changed so as to encourage participation by all medical providers.

6. Challenges from the Business Council to the Schedule Loss of Use (SLU) portion of the law. MCV Law will continue to work with the Injured Workers Bar Association and the Workers Compensation Alliance to protect your rights.

7. Aggressive pursuit on the part of insurance companies to stop lost wage payments by argument a claimant’s failure to remain “Attached to the Labor Market.” Work with and documents your efforts with the “One Stop Centers”, Keep an active Job search using the Boards form C-258 and participate with Acces-Vr.

William Crossett and the Disability team at Meggesto, Crossett & Valerino, LLP.

Email: crossett@mcvlaw.com

Phone: 315-471-1664

Understanding Social Security

Posted by: William Crossett In: Social Security 02 Jan 2015 Comments: 0 Tags: disability, kim slimbaugh, kimberly slimbaugh, permanent disability, social security, social security disability, social security disability benefits, social security retirement, syracuse lawyer

If you are planning to take Social Security Retirement Benefits before full retirement age, are you doing this because you want to stop working or because you have an illness or injury that is forcing you to stop working?

If you are taking early retirement due to an illness or injury, you should consider filing a claim for Social Security Disability Benefits. You can do both, meaning you can collect your Reduced Retirement Benefit while you are waiting for a decision on your Social Security Disability Claim. If Social Security approves your disability claim, Social Security will pay you the difference between your Disability Benefit and your Reduced Retirement Benefit for the months that you are eligible for both. Thereafter, you will continue to receive your Disability Benefits.

-Kimberly Slimbaugh

Email: kslimbaugh@mcvlaw.com

11th Annual Evening of Cuisine to benefit Charity for Children

Posted by: MCV Law blogger In: Community 04 Nov 2014 Comments: 0

Please join us at the 11th Annual Evening of Cuisine to benefit Charity for Children on November 10th, 6:00 PM at Drumlin’s Country Club.

Call us at 315-436-4822 for ticket info.

We hope to see you there!

Some brief tips and reminders for buying/selling your home by Christopher Stringham

Posted by: MCV Law blogger In: Real Estate 02 Oct 2014 Comments: 0

We are right in the beginning of home buying/selling season and for those of you who have bought/sold your home, you know it can be a hectic process with all of the paperwork, coordination, and confusion that can take place. Following are some tips and reminders that can help eliminate some of the confusion for those of you who will be buying or selling your home.

First, if you are planning on hiring your an attorney to assist you with your real estate transaction, it is always a good idea to have a conversation with him/her prior to signing the purchase contract. It is generally an unpleasant surprise for a signed purchase contract show up at your attorney’s office without having discussed it first. Discussing the transaction prior to signing the contract can streamline the process whether it be a buy or a sell. More importantly, there are very quick deadlines for attorney approval, usually 3 business days. If that time passes, then the contract is generally deemed approved and an attorney will have a difficult time amending any terms, if he/she is able to do so at all.

Another helpful tip to make the process go more smoothly if you are selling your home is to try and locate your abstract of title and survey. If you cannot easily locate it, then your attorney should be able to help you with this.

For home buyers, you will want to remember that a pre-approval is different than an actual mortgage commitment. Your pre-approval is something that you will want to have prior to looking for a home and enlisting the help of a real estate agent. The mortgage commitment is something that you get from your lender once you know what home you will be purchasing. It generally has a number of contingencies that must be completed before the lender will clear you to close.

In general, sellers must be moved out of their home on or before the date of closing. This means that all personal items are out of the home and the home is in “broom swept” condition. All hazardous materials must be out of the house as well, this generally includes old paint.

The seller will also want to make sure that they do a water/electrical meter reading before vacating the property. The buyer will want to be sure to change the utilities to their name on the day of closing.

The buyer will want to do a final walkthrough of their new home as close to the closing as possible, I usually recommend within 24 hours of the time of closing.

Hopefully these tips come in handy and help your buy/sell go as smoothly and stress-free as possible.

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.

Most Health Clubs Must have a Defibrillator on the Premises: Heather La Dieu

Posted by: MCV Law blogger In: General 18 Sep 2014 Comments: 0

Health clubs with 500 or more members must have an Automated External Defibrillator

(“AED”) on the premises pursuant to the General Business Law and the Public Health Law. An

AED is a portable medical device for delivery of an electroshock to restart normal heart rhythm.

In addition, health clubs with 500 or more members must have at least one individual

with training in AEDs and CPR on the premises during business hours. It should be noted that

any individual who uses the AED will have limited liability through what is commonly known as

the Good Samaritan Law. The Good Samaritan Law provides that any person who voluntarily,

and without the expectation of compensation, renders aid will not be liable for damages unless

the injuries were caused by gross negligence.

Unbelievably, the Courts are currently divided as to whether the person trained to use

the AED has an affirmative duty to actually use the life saving device on a person having a heart

attack. Certainly, the law was meant to ensure a higher level of safety for people who belong to

health clubs. It is undisputed that the likelihood of cardiac arrest increases in health clubs where

people engage in physical exertion and that there is a decrease in fatality rate with the immediate

use of an AED and CPR. However, the presence of an AED will be of no benefit unless it is

actually used.

Heather La Dieu

Email: hladieu@mcvlaw.com

Phone: 315-471-1664

Heather R. La Dieu has been an associate in Meggesto, Crossett & Valerino, LLP’s Litigation Department since 2001. Ms. La Dieu focuses her practice primarily in personal injury cases involving motor vehicle accidents, premises liability, construction accidents, municipal liability, wrongful death and products liability. Ms. La Dieu also practices in the area of insurance law, contract law and criminal defense.

Ms. La Dieu is a graduate of Syracuse University where she earned her B.S. in Chemical Engineering and received her J.D. at Syracuse University College of Law.

Ms. La Dieu is admitted to the New York State Bar, the U.S. District Court for the Northern District and the Supreme Court of the United States of America. Ms. La Dieu is a member of the Onondaga County Bar Association, New York Bar Association and Central New York State Women’s Bar Association. Ms. La Dieu also has arbitrated for the Syracuse City Court Arbitration Program.