Asch Workers' Comp LogoAsch Workers' Comp Strategy

What is your most pressing challenge with your NY workers' compensation claims?

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  • (862) 368-3778
  • info@AschWorkersCompStrategy.com
  • P.O. Box 1555, Montclair NJ 07042

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Frequently Asked Questions

General FAQs

What types of organizations does your company assist with workers’ compensation cases?

We assist insurance companies, self-insured employers, third-party administrators, and legal teams handling New York workers' compensation cases.

How is your approach different from a traditional third-party administrator (TPA) or insurance carrier?

We offer specialized, independent analysis and strategy to optimize claim outcomes. Our focus is proactive, not reactive, and is designed to complement — not replace — your existing team.

Do you only handle cases in New York, or can you assist with multi-state programs?

Our core expertise is in New York workers’ compensation, but we can assist with analysis and consultation for other state programs on a case-by-case basis.

How do you integrate with our existing claims team or legal counsel?

We work collaboratively, providing detailed recommendations, analytics, and support while respecting your team's workflows and authority.

Actuarial Services

What are actuarial services in the context of New York workers’ compensation?

Actuarial services involve the use of statistical, mathematical, and financial modeling techniques to evaluate and predict the costs of workers’ compensation claims. In New York, this includes projecting claim reserves, setting loss development factors, assessing claim trends, and identifying cost- saving opportunities.

Why would an employer or insurance carrier need actuarial services?

Actuarial insights help employers and carriers better understand their exposure, manage reserves accurately, and make data - driven decisions regarding premiums, claims handling, and safety programs. These services can uncover patterns that lead to excessive claim costs and support strategies for reducing future liability.

Do actuarial services replace my current broker, TPA, or claims team?

Not at all.Our actuarial team works collaboratively with your existing partners to provide independent, supplemental analysis.We offer fractional services designed to enhance—not replace—your internal processes and existing vendor relationships.

What types of employers benefit from actuarial services in workers’ compensation?

All types of employers—whether self-insured, participating in group self-insured trusts, or purchasing insurance through carriers—can benefit from actuarial evaluations. This includes construction firms, healthcare providers, manufacturers, and public entities.

What specific actuarial reports are most useful for NY workers' compensation?

Key reports include: Loss development analysis to assess claim trends over time, Reserve adequacy studies to validate or adjust claim reserves, Program cost forecasting for budgeting and strategic planning, Loss stratification to identify high-cost drivers and potential fraud.

How can actuarial analysis help reduce workers’ comp costs?

By identifying claim outliers, medical cost trends, and reserve anomalies, actuarial insights can flag inefficient practices or excessive costs. This enables proactive steps like early intervention, case management, and vendor oversight—ultimately lowering the total cost of risk.

What makes Asch Workers' Comp Strategy’s actuarial services different?

We provide practical, actionable insights tailored to New York’s legal and regulatory environment. Our actuarial team collaborates with claims professionals, attorneys, and nurse case managers to translate complex data into strategies that work in the real world. Plus, we offer fractional and on-demand services to match your organization’s size and needs.

Claims Analysis

What does your claims analysis process involve?

We perform in-depth reviews of claim files, medical records, legal documents, and surveillance results to identify cost drivers, risk factors, and opportunities for resolution.

Do you offer claim file audits or reserve evaluations?

Yes. We conduct detailed claim audits and reserve evaluations to help ensure accuracy, consistency, and financial predictability.

How do you help identify and address claims with potential fraud, subrogation, or apportionment issues?

We closely review each file for red flags and coordinate appropriate investigative or legal strategies to protect your interests.

At what stage of a claim should we bring you in for analysis assistance?

The earlier, the better — but we can assist at any stage, from initial filing to long-tail legacy claims. Analysis can save you money and free up resources.

Investigation and Surveillance

When is surveillance appropriate in a workers’ compensation case?

Surveillance is appropriate when there are discrepancies between reported injuries and observed activities or when claim validity is in question.

What types of surveillance services do you offer?

Our team offers field surveillance, social media monitoring, background investigations, and activity checks, tailored to your case needs.

How do you ensure surveillance activities comply with New York laws and regulations?

All surveillance is conducted ethically, professionally, and in strict compliance with New York privacy and investigative laws.

Can surveillance results be used effectively in workers’ compensation hearings or settlement negotiations?

Yes. Investigators we work with provide detailed, court-ready reports and video evidence that can support your case in litigation, settlement discussions, or hearings.

How do you maintain confidentiality and discretion during surveillance investigations?

Our investigators operate discreetly and professionally, ensuring minimal disruption and maximum confidentiality.

Nurse Case Management

What is the role of nurse case management in workers' compensation claims?

Nurse case managers coordinate medical care, facilitate communication between providers and claims professionals, and work to ensure appropriate, cost-effective treatment.

When is it appropriate to assign a nurse case manager to a workers' compensation case?

Early intervention is key — we recommend assigning a nurse case manager when an injury is complex, high-cost, or requires specialized care.

How do your nurse case managers coordinate with treating physicians and claims professionals?

They act as a liaison, ensuring that treatment plans are aligned with evidence-based guidelines and that communication flows smoothly between all parties and understand NY medical treatment guidelines.

Can nurse case management help reduce claim duration and costs?

Yes. Studies consistently show that early, proactive nurse involvement leads to faster recoveries and lower overall claim costs.

Do your nurse case managers have experience with New York workers' compensation guidelines and requirements?

Yes. Our nurses are well-versed in New York Workers' Compensation Board regulations, including treatment guidelines and reporting standards.

If a claimant is represented by an attorney, can the nurse case manager still assist the claimant?

If the claimant has retained counsel, the attorney must consent to the assistance of a nurse case manager.

Risk Management

How can proactive risk management reduce our workers' compensation costs?

By identifying risk factors early and implementing tailored solutions, you can prevent injuries, speed return-to-work outcomes, and lower premiums and reserves.

Do you provide customized risk assessments for high-risk industries or specific employers?

Yes. Our team tailors every risk management assessment to your industry, workforce, and claims history.

How often do you recommend reviewing and updating our workers’ compensation risk management strategy?

At a minimum, annually, but more often if your organization undergoes significant operational changes or if claims trends shift.

Can you assist with implementing return-to-work programs and injury prevention initiatives?

Absolutely. Our team can help design, launch, and refine programs to facilitate safe returns to work and reduce future claim exposure.

Trial Strategy

What imaging best counters soft tissue injury claims?

Diagnostic imaging like early MRIs or X-rays that reveal pre-existing degenerative changes—such as disc desiccation, osteophytes, or multi-level spondylosis—can be critical. Radiologist interpretations that classify these findings as chronic rather than acute are especially persuasive. The absence of signs typical of acute trauma, such as edema or bone bruising, can further weaken the claimant’s causal link.

How can we use the C-2F form strategically?

The C-2F should be treated as a tactical document, not just a formality. Use precise, factual language to describe the accident and note any inconsistencies or ambiguities without speculation. If there are known pre-existing conditions or questionable circumstances, document them. This sets the foundation for potential controversion later on.

What are the tactical uses of the WCB’s eCase system?

Beyond uploading documents, eCase allows real-time monitoring of claimant submissions. This helps you anticipate arguments, identify contradictions in the medical narrative, prepare focused cross-examinations, and track directives or upcoming deadlines issued by the judge.

When should we depose a treating physician?

A treating doctor’s deposition is especially useful when causation is disputed, disability duration is contested, treatment appears excessive, or when the treating opinion conflicts sharply with an IME. It enables direct challenges to subjective reasoning and medical necessity.

What cross-exam topics are most effective against claimants?

Focus on inconsistencies in their account of the accident, daily activities that contradict reported limitations, any omissions in disclosing prior injuries, and their compliance with medical recommendations. Also question the extent and sincerity of job search efforts if disability benefits are being claimed.

What advanced factors affect a Section 32 settlement?

Consider whether the medical condition is stable before settling. Ensure Medicare Set-Asides are calculated correctly if applicable. Understand if the claimant is more motivated by indemnity or medical coverage, and evaluate whether the Section 32 can resolve multiple claims. Always be ready to show that the settlement is in the claimant’s best interest to secure board approval.

How can we leverage the WCB process itself?

Proactive RFAs can request judge directives like ordering IMEs or testimony. Pre-hearing conferences can clarify and streamline issues. Timely objections and referrals for vocational assessments can support defenses like partial disability or work capacity.

What should a strong WCB Panel appeal (RB-89) include?

A persuasive RB-89 identifies specific factual or legal errors in the WCLJ’s decision, such as misinterpreting evidence or ignoring precedent. It should point out procedural violations, argue a lack of substantial evidence, and clearly state the outcome being sought—whether reversal, restoration, or further development.

How is an appeal to the Appellate Division different?

At the appellate level, the focus shifts to legal errors or a total lack of substantial evidence. The standard of review is stricter, and the court defers to the WCB’s factual findings. Only arguments properly raised and preserved at the board level will be considered.

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