Tag: attachment to labor market

Apr 19, 2022

NY Court Disapproves of Board’s Retroactive Disqualification for Lack of Labor Market Attachment

Reversing a portion of a decision by the New York Workers’ Compensation Board, a state appellate court stressed that the appropriate date of a finding of no labor market attachment...

NY Court Disapproves of Board’s Retroactive Disqualification for Lack of Labor Market Attachment NY Court Disapproves of Board’s Retroactive Disqualification for Lack of Labor Market Attachment
Dec 14, 2020

Opinion Mondays: Those Hiring Undocumented Workers Should Not be Allowed to Game the System

In a deeply divided (3-2) decision, a New York appellate court reversed a decision by the state's Workers' Compensation Compensation Board that had found an injured, undocumented construction worker had...

Opinion Mondays: Those Hiring Undocumented Workers Should Not be Allowed to Game the System Opinion Mondays: Those Hiring Undocumented Workers Should Not be Allowed to Game the System
Dec 6, 2019

Absent Finding of Partial Disability, NY Claimant Need Not Show Attachment to Labor Market

A New York appellate court held yesterday that where an employer raised the issue of labor market attachment at a hearing on the claim and the WCLJ did not make...

Absent Finding of Partial Disability, NY Claimant Need Not Show Attachment to Labor Market Absent Finding of Partial Disability, NY Claimant Need Not Show Attachment to Labor Market
Sep 16, 2019

NY Court: “Attachment to Labor Market” Amendment Not Always Applied Retroactively

The 2017 amendment to N.Y. Workers’ Comp. Law § 15(3)(w), which relieves some permanently partially disabled claimants of the obligation to show labor market attachment, does not apply retroactively in all...

NY Court: “Attachment to Labor Market” Amendment Not Always Applied Retroactively NY Court: “Attachment to Labor Market” Amendment Not Always Applied Retroactively
Aug 7, 2019

NY Claimant Fails to Show Reduced Earnings Were Caused by Established Back Injury

A New York appellate court affirmed a split decision of the state’s Workers’ Compensation Board that earlier found a claimant’s reduced earnings were the result of economic conditions, rather than...

NY Claimant Fails to Show Reduced Earnings Were Caused by Established Back Injury NY Claimant Fails to Show Reduced Earnings Were Caused by Established Back Injury