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New York’s Workers’ Compensation Board acted within its statutory powers when it found that a worker failed to provide the employer with the required notice under N.Y. Workers’ Comp. § 18, held a state appellate court. While the...

Stressing the important role that the state’s Workers’ Compensation Board plays in the weighing of all evidence, even that offered by medical experts, a New York appellate court affirmed the Board’s determination that a hair salon owner...

A New York court affirmed the denial of two airborne illness claims filed by a makeup artist for Fox 5-TV, on the basis that she failed to show the required causal connection between her work and her illnesses. In her first claim, filed in December 2013...

Where a claimant, former firefighter, represented during a functional capacity evaluation that he was unable to lift and/or carry any weighted objects, crouch, reach for an object, or complete any of the balance tests required during the evaluation, yet...

Where a New York claimant failed to complete the information “box” for question 13 of the RB-89 form (Application for Review), within which claimant would otherwise have provided details as to “[h]earing dates, [t]ranscripts, [d]ocuments...

A New York appellate court held the state’s Workers’ Compensation Board abused its discretion in denying, as untimely, a claimant’s request to cross-examine the carrier’s medical consultant where that consultant examined the claimant...

A New York truck driver’s failure to disclose his involvement in an online and retail flower business was not the sort of misrepresentation that should disqualify him from receiving workers’ compensation benefits under N.Y. Workers’...

A finding by the New York Workers’ Compensation Board that a worker had failed to establish his claim for an occupational disease in the form of allergic bronchopulmonary aspergillosis did not prevent the worker from subsequently establishing an...

Payments made to participants in New York’s work experience program (WEP) are “wages” for purposes of the state’s workers’ compensation law [see N.Y. Workers’ Comp. Law § 2(9)], and should be utilized in computing...

A Board decision that disqualified an injured worker from receiving future wage replacement benefits was erroneous where the New York appellate court found that the Board’s decision had been based on speculation and conjecture. The court acknowledged...

Where a claimant, who had not worked for three years, attended an orientation session and took classes on preparing a résumé and cover letter to assist her in finding a job and where she subsequently submitted job applications to various...

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that found in relevant part that claimant violated N.Y. Workers’ Comp. Law § 114-a and disqualified him from future indemnity benefits where...

Acknowledging that an employer may be liable to third parties for indemnification or contribution where the employer’s employee suffers a “grave injury,” as defined by N.Y. Workers Comp. Law § 11, a New York appellate court nevertheless...

Where a workers’ compensation claimant represented to an independent medical examiner that he could not sit upright or stand without head support, that he became dizzy from time to time, could not engage in play or other activities with his son...

A worker hired to monitor the truck traffic hauling debris from the site of the terrorist attacks on the World Trade Center was not a participant in the “rescue, recovery, or cleanup operations” at the World Trade Center site and, accordingly...