Tag: New York

Feb 8, 2021

24-Hour NY Home Health Attendant’s Stop at Personal Physician’s Office Was Not a Deviation from Employment

A New York appellate court reversed a finding by the state's Workers' Compensation Board that had denied workers' compensation benefits to a home health attendant who provided care to one...

24-Hour NY Home Health Attendant’s Stop at Personal Physician’s Office Was Not a Deviation from Employment 24-Hour NY Home Health Attendant’s Stop at Personal Physician’s Office Was Not a Deviation from Employment
Dec 18, 2020

NY Claimant Should Be Awarded Scheduled Injury to Leg for Serious Hamstring Tear

Reversing a decision by the state’s Workers’ Compensation Board, a New York appellate court held that, contrary to the Board’s interpretation, in the absence of specific instructions regarding hamstring tears...

NY Claimant Should Be Awarded Scheduled Injury to Leg for Serious Hamstring Tear NY Claimant Should Be Awarded Scheduled Injury to Leg for Serious Hamstring Tear
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 1, 2020

NY Substitute Teacher’s Loss of Earnings Due to Personal Choice, Not Injury

A New York appellate court affirmed a finding by the state’s Workers’ Compensation Board that a former substitute teacher had withdrawn from the labor market and any loss of earnings...

NY Substitute Teacher’s Loss of Earnings Due to Personal Choice, Not Injury NY Substitute Teacher’s Loss of Earnings Due to Personal Choice, Not Injury
Nov 17, 2020

New York Painter Fails to Establish Causal Relation Between Employment and Myocardial Infarction

Stressing that the state's Workers' Compensation Board had broad discretion in weighing medical evidence as to causation, a New York appellate court affirmed a decision by the Board denying workers'...

New York Painter Fails to Establish Causal Relation Between Employment and Myocardial Infarction New York Painter Fails to Establish Causal Relation Between Employment and Myocardial Infarction
Oct 27, 2020

NY Board May Not Employ "Novel" Standard for Work-at-Home Injuries

In a decision that has important ramifications for other claims filed in the Empire State by employees working from home due to the COVID-19 pandemic, a state appellate court reversed...

NY Board May Not Employ "Novel" Standard for Work-at-Home Injuries NY Board May Not Employ "Novel" Standard for Work-at-Home Injuries
Oct 16, 2020

NY Court Affirms Abandonment of Labor Market Finding in Spite of Medical Opinion as to Disability

In spite of the fact that a New York employee sustained an admitted work-related injury–she was hit by falling scaffolding–and her physician offered an unrebutted medical opinion that she was...

NY Court Affirms Abandonment of Labor Market Finding in Spite of Medical Opinion as to Disability NY Court Affirms Abandonment of Labor Market Finding in Spite of Medical Opinion as to Disability
Oct 13, 2020

NY Widow's Death Benefits Claim Filed 12 Years After Work Cessation Not Supported By Medical Evidence

A New York appellate court affirmed a decision by the state's Workers' Compensation Board that denied death benefits to a widow whose husband, a former correction officer, died in 2016,...

NY Widow's Death Benefits Claim Filed 12 Years After Work Cessation Not Supported By Medical Evidence NY Widow's Death Benefits Claim Filed 12 Years After Work Cessation Not Supported By Medical Evidence
Oct 12, 2020

NY Law Firm Requests $52K in Fees, Gets $1K For Failure to Submit Proper Form

A New York appellate court held the state's Workers' Compensation Board did not abuse its discretion in awarding counsel fees of $1,000 to the law firm representing an injured worker...

NY Law Firm Requests $52K in Fees, Gets $1K For Failure to Submit Proper Form NY Law Firm Requests $52K in Fees, Gets $1K For Failure to Submit Proper Form
Oct 7, 2020

NY Employer Allowed 10 Percent Credit for Claimant's Prior SLU Injury to Same Leg

A New York appellate court affirmed a decision of the state’s Workers’ Compensation Board that held a claimant was entitled to a 7.5 percent schedule loss of use (“SLU”) of...

NY Employer Allowed 10 Percent Credit for Claimant's Prior SLU Injury to Same Leg NY Employer Allowed 10 Percent Credit for Claimant's Prior SLU Injury to Same Leg
Oct 6, 2020

Correctional Officer's PTSD Claim Fails under NY's Objective Standard of Stress

Reiterating New York’s adherence to an objective, rather than a subjective standard with regard to stress-related claims, a state appellate court affirmed a determination by the state’s Workers’ Compensation Board...

Correctional Officer's PTSD Claim Fails under NY's Objective Standard of Stress Correctional Officer's PTSD Claim Fails under NY's Objective Standard of Stress
Sep 18, 2020

Cautious Medical Opinion Sinks NY Worker's Knee Injury Claim

Acknowledging that medical opinion evidence need not be expressed with absolute or reasonable medical certainty, but stressing that it nevertheless needed to be based on more than a mere possibility,...

Cautious Medical Opinion Sinks NY Worker's Knee Injury Claim Cautious Medical Opinion Sinks NY Worker's Knee Injury Claim