We can help in setting up a procedure, making policy recommendations, reviewing claims and/or representing your interests in court. We advise municipal employers by: investigating claims before initial eligibility determinations and return to work orders; providing representation before administrative tribunals and in court including Article 78 proceedings, before the Appellate Division and Court of Appeals; preparing retirement applications and appeals, and/or; consulting with municipal attorneys to ensure proper claims handling on problem cases, drafting procedures and collective bargaining agreements or hearing appearances and litigation.
This practice began by creating a procedure for handling GML claims after researching the rights afforded to municipalities, which include making the initial determination as to whether the injury was sustained during the performance of duty, directing medical examinations and treatment and returning employees to light or full duty. Savings can be obtained through exercising these rights rather than subrogating them to the Workers' Compensation Board. Please note, CBA contract provisions or negotiated procedures may apply.
Proactively defend and monitor claims to ensure injured employees return to work as soon as they are able. Studies have shown that an early return to work such as light duty, and continued interest by the employer can shorten the recovery process. Prevent malingering by staying involved and encouraging the injured worker to return to gainful employment. Employees receiving these benefits may be eligible for retirement, and the statute authorizes the municipality to file the application and shift all or part of the cost of lost wages to the retirement system. We can help at each step depending on your need and applicable CBA provisions or procedures.
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