Death Benefits Awarded in Spite of Smoking Habit and High Cholesterol A decision by New York’s Workers’ Compensation Board, which concluded that a construction worker’s death was causally-related to his...
NY Construction Worker’s Fatal Heart Attack Found Compensable NY Construction Worker’s Fatal Heart Attack Found CompensableWhere a New York office worker sustained injuries when she tripped and fell while walking on a public sidewalk approximately 20 feet from the door to the building that contained...
20 Shades of Gray: NY Court Construes “Risks of Street Travel” Rule 20 Shades of Gray: NY Court Construes “Risks of Street Travel” RuleIn a case with bizarre underlying facts, a New York appellate court held a trial court erred in denying an employer’s summary judgment motion in a tort action filed against...
Employer and Co-Employees Not Liable in Tort Following Holiday Party Fatality Employer and Co-Employees Not Liable in Tort Following Holiday Party FatalityApportionment Allowed for Prior Nonwork-Related Knee Injury A New York appellate court affirmed a finding by the state’s Workers’ Compensation Board that apportioned a claimant’s 30 percent right leg schedule...
NY Employer Does Not Always Take Employee as it Finds Him NY Employer Does Not Always Take Employee as it Finds HimIn Matter of Castillo v Brown, 2017 N.Y. App. Div. LEXIS 4839 (June 15, 2017), a New York appellate court affirmed the imposition of an $86,000 penalty against a husband and...
Ouch!: Live-in New York Domestic Worker’s Cut Finger Results in $86,000 Penalty To Employing Husband and Wife Ouch!: Live-in New York Domestic Worker’s Cut Finger Results in $86,000 Penalty To Employing Husband and WifeA church volunteer, who contended that she suffered injuries when she tripped and fell over an exposed power cord near or on the altar as she went to help distribute...
New York Church Volunteer’s Personal Injury Action Barred by Exclusive Remedy Rule New York Church Volunteer’s Personal Injury Action Barred by Exclusive Remedy RuleAward for Loss of Four Fingers and Thumb Exceeds That of Entire Hand In a divided decision, a New York appellate court affirmed an amended decision of the state’s Workers’...
The Whole is Greater than the Sum of its Parts: Not in New York Amputation Case The Whole is Greater than the Sum of its Parts: Not in New York Amputation CaseWhere a registered nurse claimed that she sustained work-related injuries consisting of insomnia, depression, post traumatic stress disorder, and severe social phobia when she was wrongfully terminated, reinstated, and then...
New York: Nurse’s Stress Claim Tied to Bona Fide Personnel Decision is Not Compensable New York: Nurse’s Stress Claim Tied to Bona Fide Personnel Decision is Not CompensableAcknowledging that N.Y. Work. Comp. Law § 21 provides a presumption of compensability where the decedent’s initial injury occurs while he or she at work, a New York appellate court...
New York Deputy Sheriff’s Fatal Heart Attack at Home is Not Compensable New York Deputy Sheriff’s Fatal Heart Attack at Home is Not CompensableA New York appellate court has agreed with Wendy White, prominent opera singer at the Metropolitan Opera House at Lincoln Center (“the Met”), that White is not an employee and,...
“Star” Opera Singer is not Employee of the Metropolitan Opera House “Star” Opera Singer is not Employee of the Metropolitan Opera HouseA New York appellate court affirmed a finding by the state’s Workers’ Compensation Board that a former critical care nurse suffered a work-related 90 percent loss of wage-earning capacity where...
New York Nurse Awarded 90% Loss of Wage-Earning Capacity Due to Allergic Reaction to Hand Sanitizer New York Nurse Awarded 90% Loss of Wage-Earning Capacity Due to Allergic Reaction to Hand SanitizerA New York appellate court has refused to vacate a portion of a county court’s judgment that, following a defendant’s guilty plea to fraudulent practices (N.Y. Workers’ Comp. Law §...
NY Cage Dancer Forfeits Right to Future Comp Benefits NY Cage Dancer Forfeits Right to Future Comp Benefits