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 StressAcknowledging 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 ClaimA New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that awarded death benefits to a surviving spouse following the suicide of her husband, who had...
NY Court Affirms Death Benefits Following Injured Worker’s Suicide NY Court Affirms Death Benefits Following Injured Worker’s SuicideMore than 20 years ago, I engaged in an “animated” discussion with a good friend who, while now retired, was then a prominent orthopedic surgeon in the area. Because of...
Opinion Mondays: Medical Care for Injured Workers is a Foursome Opinion Mondays: Medical Care for Injured Workers is a FoursomeIt may be a long shot, but a recent New York appellate decision may have opened the door, if ever so slightly, to compensability of COVID-19 claims on the basis...
Opinion Mondays: Recent NY Case May Open Door for Compensability of COVID-19 Claims Without Need for Presumption Opinion Mondays: Recent NY Case May Open Door for Compensability of COVID-19 Claims Without Need for PresumptionA New York appellate court held that since an employer and carrier had prevailed in a 2013 scheduled loss of use (SLU) claim on causation grounds — the WCLJ’s decision...
In NY Apportionment Claims, Key is Existence of Prior Disability, Not its Cause In NY Apportionment Claims, Key is Existence of Prior Disability, Not its CauseAgain illustrating the discretionary power of a board or commission to make factual findings, a New York appellate court affirmed a decision by the state’s Workers’ Compensation Board denying benefits...
NY Retail Employee Loses Her "Gray Area" Injury Claim NY Retail Employee Loses Her "Gray Area" Injury ClaimAn injured worker’s unpaid religious activity within a small church, which included providing occasional sermons, counseling a small group of parishioners, assisting with Bible studies and baptisms, and the like,...
NY Worker’s Failure to Disclose Religious Activity Does Not Bar Her Receipt of Benefits NY Worker’s Failure to Disclose Religious Activity Does Not Bar Her Receipt of BenefitsA New York appellate court affirmed a decision of a state trial court that had granted summary judgment to a defendant/farm owner who had been sued by the mother of...
New York Mother's Intentional Tort Action Against Farm Owner Barred New York Mother's Intentional Tort Action Against Farm Owner BarredA New York appellate court affirmed a decision by the state's Workers' Compensation Board that awarded benefits to a New York-based truck driver who sustained injuries in a roll-over accident...
NY Truck Driver's Reckless Driving Does Not Defeat Her Claim NY Truck Driver's Reckless Driving Does Not Defeat Her ClaimIn a divided decision, a New York appellate court recently affirmed a Board determination that a claimant, who had earlier been awarded PPD benefits and whose condition apparently worsened so...
Divided NY Appellate Court Finds Claimant's Need of Surgery Insufficient to Show Worsening Condition Divided NY Appellate Court Finds Claimant's Need of Surgery Insufficient to Show Worsening ConditionIllustrating what can happen when a workers' compensation carrier fails to notify its counsel of the carrier's receipt of important papers concerning a claim, a New York appellate court affirmed...
NY Carrier Fails to Notify its Attorney of Claimant’s Application for Board Review and Loses Appeal NY Carrier Fails to Notify its Attorney of Claimant’s Application for Board Review and Loses Appeal