Albany, New York Workers' Compensation and Personal Injury Attorney

Paul Giannetti, Attorney at Law

3 Washington Square
Albany, New York 12205

Phone(518) 243-8011

Articles Published by Paul Giannetti, Attorney at Law

 Can Obesity Be Considered a Disability for Social Security Claims?

If properly documented by a physician, obesity can be the basis or contributing factor in a disability finding. For obesity to factor in, it must be determined that it represents a “severe impairment” either by itself or with other medical impairments. Obesity will be deemed a severe impairment if it significantly limits an individual’s ability to do basic work activities.

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 Does the Insurance Company Have to Offer a Settlement?

Under the New York State Workers' Compensation Law, settlements under Section 32 are voluntary. The insurance carrier is not obligated or required to offer settlement. Nonetheless, in the vast majority of cases insurance carriers will be interested in trying to settle a claim.

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 Don’t Ignore Letters from the Workers' Compensation Board or Insurance Company

Many people make the mistake of disregarding notices from the Workers' Compensation Board because they are no longer missing time from work. Claimants believe that the paperwork cannot be important since their medical bills have been paid and they are earning their full wages. However, nothing could be further from the truth.

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 A Spouse’s Death Benefits under New York State Workers' Compensation Law

In the tragic circumstance where an employee is killed in the course of his employment, Workers' Compensation benefits may be payable to the surviving spouse and children. The maximum amount of death benefit payable is determined by the worker’s average weekly wage at the date of death and subject to the statutory maximums in place on the date of death.

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 Why is a Medical Expert Giving Testimony at Your Social Security Disability Hearing?

In a relatively small number of hearings a medical expert, hired by the government, will give testimony at your Social Security hearing. This expert will be present for the entire hearing and will listen to your testimony before giving his or her opinions. The expert will have never examined you.

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 New York State Workers' Compensation and Lumbar Fusions

If your doctor has recommended a lumbar fusion, you must secure prior approval from the insurance carrier. The New York State Workers' Compensation Board Medical Treatment Guidelines provide recommendations for specific circumstances when lumbar fusion is appropriate and those when it is not.

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 Chiropractic Denials in New York State Workers' Compensation

Since the introduction of the Workers' Compensation Board Medical Treatment Guidelines, the frequency of chiropractic care has diminished significantly. Chiropractors are still allowed to treatment for an exacerbation and, in many cases, will be paid for that treatment. However, it is crucial that the treating chiropractor document certain items at the time of the examination.

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 If Your Doctor Doesn’t Believe You…

If you have a pending Social Security Disability claim the most important aspect of your case involves your relationship with your treating physicians.

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 Reviewing Your Workers' Compensation E-Case Folder

The Workers' Compensation Board maintains a database known as E-Case. This database contains all documents that are a part of your file. The Law Judge has access to E-Case at the time of your hearing.

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 Carpal Tunnel Syndrome Medical Treatment Guidelines

The Workers' Compensation Board has completed a draft of the newest treatment guidelines which, if the Board has its way, will apply to carpal tunnel syndrome cases.

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 Frequently Asked Questions about NY Workers' Compensation

Workers' compensation laws can be extremely complex, and often difficult to understand for those unfamiliar with them. Here are just a few questions people often have about workplace injuries and receiving workers' compensation in the state of New York.

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 What Happens if I Get into a Car Accident at Work?

Car accidents can be a nerve-wracking experience. If you got into a car accident while driving for work, would you know what to do?

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 Preserving Evidence of Your Car Accident

What will your lawyer need to know after your car accident? You can never be too detailed. Here are a few actions you should take in the immediate aftermath so as to better your chances of success in a car accident injury case.

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 3 Mistakes that May Impact your Workers' Compensation Benefits

What follows are 3 mistakes you should avoid that could cost you your benefits.

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