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A New York appellate court held that the state's Workers' Compensation Board was empowered with the authority to promulgate the state's Non-Acute Pain Medical Treatment Guidelines (“NAPMTG”), and utilizing the guidelines in the...

Stressing that in New York, an occupational disease is one "resulting from the nature of employment and contracted therein [see N.Y. Workers' Comp. Law § 2[15]], and not from environmental conditions at the workplace , a state appellate...

Where a New York employer and its carrier successfully argued in a 2013 scheduled loss of use (SLU) claim that any loss of use sustained by claimant had been the result of aging and not the claimed work-related injury, they were not precluded from subsequently...

Construing New York's "gray area" rule, which holds that where the risks of street travel merge with the risks attendant with employment, the mere fact that the accident took place on a public road or sidewalk will not ipso facto negate...

A decision by the New York Workers' Compensation Board that an injured worker had not violated N.Y. Workers' Comp. Law § 114-a, by failing to disclose her religious activity in her church -- preaching occasional sermons, counseling a small...

The mother of a 14-year-old part-time farm worker, who suffered fatal injuries in an unwitnessed roll-over accident involving a piece of heavy machinery, may not maintain a civil action against the farm owner, held a New York appellate court. Affirming...

Stressing that reckless conduct, such as operating a motor vehicle well in excess of a safe limit, did not amount to the sort of willful intent to injure oneself, a New York appellate court affirmed a finding by the state's Workers' Compensation...

Illustrating the broad powers given to New York's Workers' Compensation Board when it comes to weighing medical evidence, a divided Third Department appellate court affirmed a decision by the Board that a claimant, who earlier had been awarded...

Observing that under 12 NYCRR 300.13[b][2][iv], an application for administrative review, must include proof of service upon "all necessary parties of interest," and that insurance carriers were included in the list of necessary parties of interest...

A New York employee who was struck by a car while crossing the street in front of his employer's work premises did not sustain an injury arising out of and in the course of the employment, held a state appellate court, affirming a finding by the state's...

Where a New York claimant testified during a 2015 hearing that she had not worked in any capacity nor had she run any business since her PTD classification, yet during a 2016 disqualification hearing, she admitted that she operated a photography business...

Acknowledging that under the standard going and coming rule, an employee's injuries sustained in the ordinary travel from his or her home to a specified worksite did not arise out of and in the course of the employment, a New York appellate court...

In an unusual case involving horseplay, a New York appellate court affirmed a state trial court's decision that had refused to grant summary judgment to a defendant-co-employee who had been sued by a plaintiff/co-worker following that co-worker's...

In another decision dealing with New York's Form RB-89 (Application for Board Review), a state appellate court found the Board had abused its discretion in denying a carrier's Application for Board Review on the basis that the carrier had failed...

A decision by the New York Board that directed an injured worker to begin a weaning process from his long-term opioid prescription treatment program was supported by substantial evidence, held a state appellate court. The worker’s claim was established...