Yesterday, a New York appellate court affirmed a decision by a panel of the state’s Workers’ Compensation Board that set counsel fees for the claimant’s attorney at $8,000, instead of...
NY Court Affirms Board’s Reduction of Attorney Fee to 45 Percent of Amount Requested NY Court Affirms Board’s Reduction of Attorney Fee to 45 Percent of Amount RequestedIn an unusual case that shows how traditional procedural rules can sometimes be disregarded in workers’ compensation cases, a New York appellate court affirmed a finding of the state’s Workers’...
NY Court Affirms Use of Hearsay Evidence to Establish Employee Fraud NY Court Affirms Use of Hearsay Evidence to Establish Employee FraudAs is the rule in many jurisdictions [see Larson’s Workers’ Compensation Law, § 7.04], New York provides a presumption of compensability for accidents occurring during the course of employment which...
“Substantial” Evidence, Not Just “Some” Evidence Required to Rebut NY Presumption Regarding Unwitnessed Injuries “Substantial” Evidence, Not Just “Some” Evidence Required to Rebut NY Presumption Regarding Unwitnessed InjuriesWhere a New York workers’ compensation claimant admitted that, prior to his work-related injury, he had been told by an employer’s representative that the employer had contacted the claimant’s union...
Proximity of NY Worker’s Termination to Claim Could Not Alone Establish Retaliatory Motive Proximity of NY Worker’s Termination to Claim Could Not Alone Establish Retaliatory MotiveA regulation of New York’s Workers’ Compensation Board [N.Y. Comp. Codes R. & Regs., tit. 12, § 300.13(b)(1)(i)] that authorizes the Board to dismiss an application for Board review where...
State Court Strikes Down New York Board’s Eight-Page Brief Limitation State Court Strikes Down New York Board’s Eight-Page Brief LimitationWhere a claimant worked six days a week from February 13, 2017 until May 14, 2017, when he sustained work-related injuries, earning $12,130.76 for the thirteen-week period, it was error...
NY Court Weighs in on AWW Computation for Claimant Working Substantially Less Than Full Year Before Injury NY Court Weighs in on AWW Computation for Claimant Working Substantially Less Than Full Year Before InjuryIn the first appellate decision from New York to deal with the intersection of the state’s medical marijuana law with its Workers’ Compensation Law, a state appellate court recently held...
NY Court Hints that Employer Might be Required to Pay for Medical Marijuana NY Court Hints that Employer Might be Required to Pay for Medical MarijuanaA New York appellate court recently affirmed a decision by the state’s Workers’ Compensation Board that had denied workers’ compensation benefits to a Volunteer Community Ambassador for the Red Cross...
NY Red Cross Volunteer May Not Recover for Injuries During Charitable “Work” NY Red Cross Volunteer May Not Recover for Injuries During Charitable “Work”A New York appellate court recently affirmed a decision by the state’s Workers’ Compensation Board denying a claim for failure to provide proper notice to the workers’ compensation carrier where...
NY Claim Denied Where Carrier Was Prejudiced by Two-Year Delay in Claim Filing NY Claim Denied Where Carrier Was Prejudiced by Two-Year Delay in Claim FilingA New York appellate court recently affirmed the findings of the state’s Workers’ Compensation Board that a police officer’s death, from an apparently self-inflicted gunshot wound was not a line-of-duty...
NY Court Affirms Denial of Death Benefits Following Police Officer’s Apparent Suicide NY Court Affirms Denial of Death Benefits Following Police Officer’s Apparent SuicideWhere a worker’s preexisting multiple sclerosis (“MS”) was non-disabling and undiagnosed at the time he suffered a slip and fall injury on ice, striking his head on the pavement, it...
NY Board Errs in Apportioning Disability to Preexisting Multiple Sclerosis NY Board Errs in Apportioning Disability to Preexisting Multiple SclerosisThe 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