Skoney Named " Super Lawyer"
Viola Cummings Lindsay lawyer Michael Skoney
has been recognized by the
Web Site "Super Lawyers.com. In the Personal
Injury category SuperLawyers.com is a
comprehensive list of lawyers that
have attained high peer recognition,
meet ethical standards, and have
demonstrated some degree of
achievement in their field.
Welcome to the Viola Cummings Lindsay LLP Workers Compensation
Section-Here is where you
will find the latest information on Workers Compensation laws
and case studies, along
with VCL news and views of casework we completed for many of our our clients. We hope you
find it informative. We hope to provide a real world look into
the work we do and how it may be applicable to your case.
CASE UPDATE FEBRUARY 2012
Many of our public servants are put in situations where
they may see or experience truly disturbing incidents. Viola
Cummings & Lindsay helped one police officer by moving to get
his post traumatic stress disorder established as a work related
injury when he responded to a particularly disturbing incident
Viola Cummings & Lindsay
also recently assisted a widow establish a death claim
from which she will be entitled to receive lifetime benefits,
after her husband, a smoker, died of lung cancer following
exposure to asbestos in the workplace.
WORKERS COMP UPDATE MARCH 2012
On January 23, 2012 the WCA released an estimate to the
New York State Legislature of the cost of the Medical Treatment
Guidelines. The state Workers' Compensation Board implemented
the Guidelines on December 1, 2010, and has applied them both
retroactively and prospectively.
The original intent of the Legislature in authorizing the Board
to create a list of "pre-approved" medical treatment and surgery
was to expedite medical treatment to injured workers, reducing
red tape and litigation. It was expected that both injured
workers and insurers would benefit not only from the reduction
in litigation costs but also from speedier return to work.
In practice, the Medical Treatment Guidelines have vastly
expanded red tape and litigation, slowed and limited medical
treatment for injured workers, and dramatically increased costs
The WCA analysis shows that - measured conservatively and using
the Board's own data - the cost of the litigation process
associated with the Medical Treatment Guidelines is twice the
cost of the medical treatment the Guidelines cut off.
Instead of reducing costs and speeding medical care to injured
workers, the Medical Treatment Guidelines have expanded costs
and slowed treatment. In view of the evidence, the WCA has
called on the Board to withdraw the Guidelines and all
associated process and to reconsider how to best achieve the
Legislature's intent. In the interim, the WCA has called on the
Legislature to prohibit the Board from retroactive application
of the Guidelines as a matter of justice and due process.