Where Claimant sustained a severe sprain to his right shoulder while working as a police officer in 1981 and returned to work without any schedule of loss (“SLU”) or other...
New York: Apportionment Inappropriate Where 1981 Injury Remained Symptomatic But Was Not Disabling New York: Apportionment Inappropriate Where 1981 Injury Remained Symptomatic But Was Not DisablingA state park grounds-keeper, who worked outside—often in cold conditions—for more than 35 years, and who developed a diabetic ulceration with a secondary formation of osteomyelitis—an infection in a bone...
New York: Long-Term Exposure to Cold Found Insufficient to Support Occupational Disease Claim New York: Long-Term Exposure to Cold Found Insufficient to Support Occupational Disease ClaimNY Employer’s Surveillance of Injured Worker Fails to Establish Fraud
A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that an employer’s surveillance videos and testimony of its private investigator, which primarily showed a workers’...
NY Employer’s Surveillance of Injured Worker Fails to Establish Fraud
NY Employer’s Surveillance of Injured Worker Fails to Establish Fraud
A New York appellate court affirmed a decision of the state’s Workers’ Compensation Board that a claimant had not voluntarily withdrawn from the labor market by refusing a light duty...
New York Court Finds Worker’s Refusal of Light-Work Justified New York Court Finds Worker’s Refusal of Light-Work JustifiedA civil action filed by one equestrian exercise rider against another for injuries sustained when an anvil owned by the defendant fell from defendant’s vehicle and crushed plaintiff’s foot is...
NY: Co-employee Immunity Bars Exercise Rider’s Suit For Crushed Foot From Falling Anvil NY: Co-employee Immunity Bars Exercise Rider’s Suit For Crushed Foot From Falling AnvilA New York appellate court has affirmed a decision of the state’s Workers’ Compensation Board that awarded workers compensation benefits for a stress-related injury sustained by a cardiothoracic physician’s assistant...
New York Court Affirms PTSD Award to Physician’s Assistant Threatened by Surgeon During Surgical Procedure New York Court Affirms PTSD Award to Physician’s Assistant Threatened by Surgeon During Surgical ProcedureAnswering a question certified to it by the U.S. Court of Appeals (2nd Circuit), the Court of Appeals of New York, in Isabella v. Koubek, 2014 N.Y. LEXIS 569 (Mar....
New York: Vehicle Owner Shielded from Contribution By Exclusive Remedy Defense New York: Vehicle Owner Shielded from Contribution By Exclusive Remedy DefenseN.Y. Work. Comp. Law § 11 bars third-party lawsuits for contribution and indemnification against an injured employee’s employer unless either (a) the employee suffered a “grave injury,” limited to death...
NY: Employer Does Not Lose Exclusivity Defense in Contribution/Indemnification Case Because Employee was Undocumented Alien NY: Employer Does Not Lose Exclusivity Defense in Contribution/Indemnification Case Because Employee was Undocumented AlienIndicating that in New York there were two requisites for reopening a claim based on newly acquired evidence: (a) the application to reopen “must be made within a reasonable time...
NY Court: No Reopening Allowed in Established Claim re: Murdered Employee NY Court: No Reopening Allowed in Established Claim re: Murdered EmployeeA New York appellate court recently affirmed a finding by the state’s Workers’ Compensation Board that ruled that the death of claimant’s husband was not causally related to his employment...
New York: No Death Benefits Awarded Where Work-Related Heart Attack Occurred 24 Years Earlier New York: No Death Benefits Awarded Where Work-Related Heart Attack Occurred 24 Years EarlierA New York appellate court recently affirmed a decision by the state’s Workers’ Compensation Board that ruled the death of an employee was not causally related to his employment as...
New York: Mechanic’s Fatal Heart Attack Sustained on Employer’s Premises, But After Work Shift, Held Not Compensable New York: Mechanic’s Fatal Heart Attack Sustained on Employer’s Premises, But After Work Shift, Held Not CompensableA New York appellate court recently agreed with the state’s Workers’ Compensation Board that the death of a grocery store employee was causally related to the employment where evidence showed...
New York: Extraordinary Duties at Grocery Store on Super Bowl Sunday Mean Employee’s Death is Compensable New York: Extraordinary Duties at Grocery Store on Super Bowl Sunday Mean Employee’s Death is Compensable