Workers’ Compensation Defense

As experienced innovators in Workers’ Compensation Defense, we rely on not only five decades of experience, but on the foresight of recognizing anticipated (and sometimes unanticipated) changes in the law and its administration in relation to our clients. Representing employers, third-party administrators, and carriers before the Workers’ Compensation Board involves more than handling a hearing. We routinely review pending bills before the legislature, newly enacted laws, and case law as it relates to the defense of workers’ compensation and related matters.

We will conference with clients immediately after the reporting of any injury to prepare a strategy in regarding to determining those cases that warrant consideration for controversy, and those claims that may be accepted. Our firm will assist the employer in identifying those witnesses that may be key to prevailing in any controversial cases. For accepted claims, we will advise on those defenses available to the employer in mitigating damages and expenses. As part of this representation, we work closely with the Special Investigation Units of our clients to provide the necessary defense to administer their claims.

In regard to our defense of workers’ compensation matters before the Workers’ Compensation Board, we will conference a case before and after a hearing with the claims adjuster on an as-needed basis. Upcoming hearings involving testimony will be conference with the witnesses prior to the trial hearing. At the conclusion of each hearing, we will return your file promptly together with our memorandum of hearing. The memorandum will consist of a concise report as to what transpired at the hearing, as well as our proposed strategy for the future claims handling of each file.

Our workers’ compensation non-hearing practice includes the preparation of memoranda of law, memoranda of opinion, status letters, win/loss evaluations, trial memoranda, Section 32 agreements, and the preparation of any and all correspondence in regard to the preparation and prosecution of a claim before the New York State Workers’ Compensation Board. We will work with our clients in identifying the potential cost of a claim, including an analysis of its settlement value. Our staff is dedicated to analyzing the interplay of Medicare, and the use of set asides as it relates to any potential Section 32 (final) settlement.

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