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October 29, 2007



That is good news. I've always advised my company that "unknown" was unacceptable, and that we are entitled to an estimated frequency and duration. It's nice to know that courts will support that position.

Another important thing to remember about "chronic conditions" is the requirement that the condition require "periodic" visits with the HCP. We've denied a number of certifications when it was clear there were no plans for future treatment with the certifying HCP (or any other). An open question is what constitutes "periodic" -- I would argue at least quarterly, but advise to accept twice a year. So far no case law on the issue that I'm aware of, but for companies (like mine) that have to get a handle on out-of-control FMLA, it's worth it.

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