The Court of Appeals of New York, construing N.Y. Workers’ Comp. Law § 15(4)(d), which generally limits recovery by a claimant’s estate to an amount not exceeding reasonable funeral expenses...
NY High Court Says Claimant’s Estate Due Only Portion of Posthumous SLU Award NY High Court Says Claimant’s Estate Due Only Portion of Posthumous SLU AwardReversing 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 TearA 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 Cause