I want to give you an update on the Proposed SLU Guidelines. First and foremost, I want to deeply thank Nassau County COBA for all the work they have put into protecting their members Workers' Compensation rights. I can honestly say that without COBA's assistance we would not be in the position we currently are; COBAhas truly assisted workers throughout the State of New York by educating elected officials on the necessity to do away with these proposals. Further, the outpouring of workers voicing their opinions on the proposals has been tremendous and has had great impact on the process.
On September 26th representatives of the NYS Workers' Compensation Board ("WCB") and the New York State Society of Orthopedic Surgeons ("NYSSOS") testified before the NYS Assembly Standing Committee on Labor. Various members of the Assembly asked pointed questions regarding the proposals and voiced their grave concern about its contents. The NYSSOS, the organization contracted with the board to develop the new medical proposals, openly critiqued the proposals and advised the Assembly that the WCB had taken their original proposal and made substantial changes to it before releasing its proposal. The Chair of the NYSSOS testified against the proposal, saying:
" we [The NYS Society of Orthopedic Surgeons] are concerned the proposal may not facilitate a fair analysis of injured workers at MMI and may result in inaccurate medical impairment determinations and artificially lower impairment percentages. "
Since the proposals were issued many elected officials, on all sides of the political spectrum, have come out against them.
This leads us to where we are today. As of yesterday the "public comment period" on the proposals is now closed. As per the testimony of the WCB representatives before the Assembly Committee on September 26th, the WCB has stated that they plan on releasing a new, revised proposal for SLU evaluation. This proposal, it has been stated, will also have a "public comment period", this time the period will last for 30 days. The new proposals, it was stated, will contain revisions that take into account the public comments that were received after the September 1st proposals were released.
As a result, we are currently awaiting the WCB's new proposal for SLU evaluation. We currently expect their release in early November, 2017. Therefore, we must wait to see these new proposals before taking any further action. We remain hopeful that the new version will truly take into account the public comments that have been rendered and that the new version does away with many, if not all, of the draconian measures previously proposed. As soon as I read and digest the newest proposals I will be writing to you once again regarding any additional steps that need to be taken.
In the interim, MDASR is proceeding with SLU settlements for its clients. Members should understand at this time that the insurance companies have taken the position that the current proposals, and potentially any future proposals, will reduce SLU awards that it must pay after January 1, 2018. Therefore, many settlement offers coming from insurance carriers appear to be lower than what MDASR deems reasonable. As always, we will advise our clients accordingly in each and every individual case and present our true analysis as to whether our clients should accept an outstanding offer to settle.
As always, please do not hesitate to call me directly about this, or any other matter.
Respectfully,
Sean Patrick Riordan, Esq.
Partner
McIntyre, Donohue, Accardi, Salmonson & Riordan, LLP. (previously known as Sherman, Federman, Sambur & McIntyre, LLP)
515 Madison Avenue, Suite 1118
(p) 212-612-3198
(c) 646-831-6229
(f) 631-665-7409
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