Montemaggi Law - Workers Compensation Attorneys

News

26 Jun 2013

Workers' Compensation Board Launches Plan to Push Cases Toward Permanent Disability (PPD) Findings and Caps

Posted by Paul J. Antonowicz

Recently, the Workers' Compensation Board announced a program to increase the number of cases found to result in permanent disability subject to caps on benefits created by the 2007 Workers' Compensation reform law.  The caps on benefits start  to run when permanent disability if found.  The reason put forward by the Board for doing this is that the number of cases found to result in permanent disability in the years since the reform law went into effect is way down from prior years.  It is true that one of the goals of the reform law was to reduce costs by having caps on monetary benefits and that, if the Board's statistics are correct, that goal is not being met.  However, the political pressure the Board is under to meet that goal puts it in the position of at least appearing to put the interests of the insurance companies and employers above those of claimants rather than being neutral.  However, a finding of permanent disability is inevitable in these cases and the Board does have a responsibility to insure that cases get resolved in a timely way.

The result of this for claimant's and attorneys who represent them is that we will need to do what we can to make sure that cases that are scheduled for hearings are not pushed to findings of permanent disability before that is appropriate.  Also, an opinion using the correct forms and criteria required by the Workers' Compensation Board is given by a doctor for the claimant.  The Board is being very strict about having the correct form completed and that the entire form be filled out.  Our attorneys at MontemaggiLaw can assist in making sure that your case is properly defended and the correct evidence is gathered.