July 2011 Archives

July 12, 2011

Chiropractic Treatment Under The New York State Medical Treatment Guidelines

The Medical Treatment Guidelines, in our opinion, are the most destructive and damaging change that has been made to the Workers' Compensation system in the last 50 years. Point blank, they prevent injured workers from getting proper medical treatment.

With regard to chiropractic manipulation, the Guidelines are only recommended for treatment of acute and sub-acute back pain "tied to objective measures of improvement." What this statement should mean to treating chiropractors is that it is crucial to document objective improvement in the medical records. Future treatment may depend on proper documentation.

The Guidelines further require documentation that the manipulation has produced a beneficial effect between the first and sixth treatments.

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July 4, 2011

What Happens If You Miss An IME?

Having practiced Workers' Compensation Law in Update New York for close to two decades, one of the most common questions fielded at my firm goes something like this:

"I received a letter in the mail from the insurance company telling me to go to a medical examination with a doctor that I have never heard of, do I have to go?"

The answer to this question is: Yes. The employer and their insurance carrier has a legal right to have the injured party examined by their consultant for purposes of offering a medical opinion on any number of issues that can arise in a Workers' Compensation case.

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