Senior Attorney/Assistant Attorney 1/2/3 (NY HELPS) WCB Item #69

Minimum Qualifications This title is part of the New York Hiring for Emergency Limited Placement Statewide Program (NY HELPS).

For the duration of the NY HELPS Program, this title may be filled via a non-competitive appointment, which means no examination is required but all candidates must meet the minimum qualifications of the title for which they apply. At this time, agencies may recruit and hire employees by making temporary appointments. In May 2024, if a temporary NY HELPS employee is satisfactorily performing in the position, the appointment will be changed from temporary pending Civil Service Commission Action to permanent non-competitive and the official probationary period will begin.

At a future date (within one year of permanent appointment), it is expected employees hired under NY HELPS will have their non-competitive employment status converted to competitive status, without having to compete in an examination. Employees will then be afforded with all of the same rights and privileges of competitive class employees of New York State. While serving permanently in a NY HELPS title, employees may take part in any promotion examination for which they are qualified.

Position may be filled at the Senior Attorney level or one within the Legal Traineeship appointment levels. Appointment title will be dependent upon qualifications of candidate selected.

NON COMPETITIVE MINIMUM QUALIFICATIONS
Assistant Attorney 1- Starting Salary $65,001- Must be Law school graduation and/or eligibility for NYS Bar Admission
Assistant Attorney 2- Starting Salary $72,032- Admission to NYS Bar
Assistant Attorney 3- Starting Salary $79,928- 12 months as an Assistant Attorney 2, or Admission to the NYS Bar and 12 months of subsequent satisfactory legal experience
Sr. Attorney- Starting Salary $93,530- 12 months as an Assistant Attorney 3, or Admission to the NYS Bar and 24 months of subsequent satisfactory legal experience.

55 B/C QUALIFICATIONS:
Individuals certified eligible for the 55b/c program under the Governors Program to Hire Persons/Veterans with Disabilities pursuant to Section 55b/c of the Civil Service Law will also be considered. To be considered, you must meet the minimum qualifications and provide a copy of your letter of eligibility with your response. Candidates must meet the non-competitive minimum qualifications listed above.

TRANSFER QUALIFICATIONS:
Candidates must have one year of permanent competitive or 55 b/c service in a title designated as appropriate for transfer in accordance with Section 52.6, 70.1 OR 70.4 of the Civil Service law.
70.4 transfer candidates must have one year of permanent competitive service in a position allocated to a SG-16 or higher and possess a bachelors degree and have standing on the Legal Specialties exam list.

Duties Description Incumbent will be assigned to the Conciliation Bureau within the office of Issue Resolution. The Senior Attorney will be required to have extensive knowledge of the Medical Treatment Guidelines. The Senior Attorney will be responsible for reviewing case files and preparing and issuing proposed decisions under WCL Section 25 and Section 23, as well as following the Medical Treatment Guidelines. The Senior Attorney will work directly with the Medical Directors Office issuing Proposed Decisions on requests for review of MG-2D Variance Request Denials. Incumbent will be required to review, articulate the issue(s) raised, review documents in the Board's files, ascertain the facts, performing legal research, applying the law to the facts, and draft a resolution in a proposed decision following a standardized format within the parameters of the Workers Compensation Law and the Medical Treatment Guidelines. The Senior Attorney will work under the guidance of Workers Compensation Claims Referees in drafting reserve decisions in accordance with the Workers Compensation Law and the Medical Treatment Guidelines to resolve MG-2 variance denial requests, as well as other issues, and submit the Reserve Decisions to the Workers Compensation Claims Referees for review and filing. In addition, to the software used by adjudication, the Senior Attorney will need to be familiar with the HPA software as well as CPT and ICD-10 codes that the Medical Directors Office uses. The Senior Attorney will draft and issue decisions to resolve MG-2D requests for review within the Medical Treatment Guidelines. Upon receipt of an objection to a Proposed Decision, the Senior Attorney will also prepare Amended Proposed Decisions when appropriate. In addition, the Senior Attorney, after review of an objection, may determine if the Proposed Decision may be required to be withdrawn and request a hearing be scheduled for the case. Upon requesting a hearing, the Senior Attorney will be required to list all outstanding issues to be resolved at hearing and direct all evidence to be produced for the hearing. The Senior Attorney will preside at conciliation meetings and Pre-Hearing Conferences. On occasion, the incumbent may also be involved in special legal projects on various issues concerning the application of Workers' Compensation Law, give presentations, Continuing Legal Education lectures, legal summaries, etc.

Additional Comments Please Note: A hybrid telecommuting schedule can be discussed with the hiring manager during the interview.

The Workers Compensation Board (Board) is an equal opportunity employer. The Board does not discriminate based upon age, race, creed, color, national origin, sexual orientation, gender identity or expression, religion, military or veteran status, sex, disability (including pregnancy-related conditions), predisposing genetic characteristics, familial status, marital status, status as a victim of domestic violence, or other applicable legally protected characteristics. The Board is dedicated to eliminating injustices and ensuring diversity in our workforce so we can better serve our staff and create a space where all feel safe to be themselves. To help meet those goals, we encourage applicants from marginalized communities to apply. We are looking for candidates who are committed to working in and contributing to an environment that fosters a sense of belonging, as well as inclusion, and celebrates people of all backgrounds, identities, experiences, and perspectives.

Some positions may require additional credentials or a background check to verify your identity.