NEW YORK: H&W Newsletter: 9/24/20 Webinar from H&W LLP: New York Medical Treatment Guidelines and Drug Formulary Update
National Workers Compensation Defense Network (NWCDN)
H&W New York Workers' Compensation Defense Newsletter Vol. 5, Issue 29/24/20 Webinar from H&W LLP: New York Medical Treatment Guidelines and Drug Formulary UpdateOn September 24th, our partner Renee Heitger will present "New York Medical Treatment Guidelines and Drug Formulary Update". This webinar will provide a brief overview of the new Medical Treatment Guidelines for injuries to the elbow, ankle, feet, hip, groin, and occupational interstitial lung disease and will also provide an update on the Board’s Drug Formulary. It will be held at 11:00 AM EST on Thursday, September 24th 2020. Please click here to register. You may also copy the link below and paste into your browser to register: https://www.compevent.com/webinars/index.php?event_web_access_code=873bdb5a44b23b84e2e218399e517fc3Court Reverses Board Decision Establishing Claim, Citing Insuffcient Medical EvidenceOn 9/3/20, the Appellate Division, Third Department decided Johnson v. Borg Warner, Inc. This decision reaffirms the principle that medical evidence which is speculative or contains statements of mere possibility on causal relationship is not sufficient to establish a claim. In this case, the claimant's treating physician testified that there was "a strong possibility” claimant had an acute or chronic meniscus tear and it was "very reasonable that something could have happened at work that exacerbated a chronic condition." The doctor also stated it was "highly possible" that the injury was causally related to the claimant's work. The Board established the claimant's case based on this testimony, but the Appellate Division reversed, holding that the doctor's testimony amounted to mere statements of possibility. In a nutshell, medical evidence must signify that a claimant's injury, more probably than not, is causally related to their work activities. This decision serves as a reminder that medical evidence must meet this minimum standard before a claim can be established. Contact UsHamberger & Weiss LLP - Buffalo Office 700 Main Place Tower 350 Main Street Buffalo, NY 14202 email@example.com Hamberger & Weiss LLP - Rochester Office 1 South Washington Street Suite 500 Rochester, NY 14614 585-262-6390 firstname.lastname@example.org
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