Gabriella Olivieri Publications Portfolio Annual Report - 2011 | Page 42

LEG A L DIVISIONS New York enacted its workers’ compensation statute to address inequities historically existing among employers and employees with regard to workplace injuries. The New York statute operates on the premise of a tradeoff. Employers assume all liability for injuries arising out of, and in the course of, employment regardless of fault. Workers receive limited wage replacement bene?ts for lost earning capacity and are entitled to payment of all related and necessary medical costs. In exchange, employees are prohibited from suing employers for personal injuries. New York City is a self-insurer of its workers’ compensation obligations pertaining to the City’s approximately 200,000 covered employees. Employees not covered under this statute, but rather by union contracts, include uniformed police of?cers, ?re?ghters, and uniformed sanitation workers. Bill Processing Medical bill processing is a signi?cant part of the Division’s work. Workers’ Compensation is now using bill review software to partially automate the processing of medical bills. The software automatically reduces any bill in excess of the medical fee schedule. This allows Division employees to concentrate their efforts on determining whether the treatment being billed is related to the case and whether the treatment is consistent with the Workers’ Compensation Board’s treatment guidelines. RECEIVING AND INDEXING OVER 14,500 NEW CLAIMS REPRESENTING THE CITY AT NEARLY PHOTO: GRAND CENTRAL STATION Exposure to Medical Issues Claims involve nearly every conceivable medical condition, including work-related psychiatric diagnoses, respiratory ailments, heart conditions, and orthopedic conditions. Division attorneys acquire a broad range of medical knowledge and obtain excellent experience by regularly cross examining medical and lay witnesses. WORKERS’ COMPENSATION CHIEF John Sweeney DEPUTY Mindy Roller The Workers’ Compensa [?]?\?[??\?\?[??H?]H[???[]Y[?]Y\?][X\?[????X[?[?\X[??Y??HH?]?[???]H???\???&H??\[??][???\? ?Y][?[KB?]?\?[?YZ[?\?\??[\?X????Z[\??H??\?Y[\?YY\??\?H[??\?Y?H???[??\?[????\][?[\?X\?K?????\???&H??\[??][???]?\????YH[\?YY\?HYYX?[?[??Y?H?\X?[Y[??[?Y?]???X?^H\?H[?]Y ?[B???X?[???[? Y??X?\??\?K]Y?][??[??\??[?Y?Z[\????B??XY???X?\?[????YX?H????[???YH[Y[HYYX?[?][?[?H]?\?[?\?[X?\??Y?B????[H???YH?X?\??\?HXY???X\????Y?H???[K[\?YY\??YY[??\???X?\? \?^\?[?XY?]X??\??[??H[XY?[?[????[?? T?\?H\?B???YY?]??X?[???X][???H\?????[?]?\?Y?]Y?HH]?\?[??^B?\?H?]?[?H\???X?[]Y\?[?Z\?\?XH[???[???Y[HZ\?\?]H?X?[]H?Z\????X?K?\???[??H\??[??Y?]H?[??B??H?[[?Z?HX?H[?H?]?^\??H?\?[?\?H[??[??H[\?YYx?&\?X][??????\????\??\??\?[Y[????\\?[??[??YX?Y??????Y???Y??X]Y\??Y\???MK ??PT?S????PS?S?TPS?Q??HH??K??UH???T???&B???TS??US???T??VRS???T??? M?RSS???S??Q?H?TP?SQS??S?Q?U?S??QQP?S?????S??T?QST?QQT????T??S???PT?B??? ?QQP?S?S???RS?S???U?S?QH?P??T?QT?S?V?T?????HRSS??????H?T?S?T???T??T?S??QS???UH?S??QS??UT?P?S?S??S??T?S??HT??U?US??? ??