Browse By Tags

The properly disallowed an employee’s claim for benefits under N.Y. Workers’ Comp. Law § 15(4) because the claim abated upon the employee’s death since the record was undeveloped. The court noted that the employee had not testified...

Vacating its earlier decision (reported at 187 A.D.3d 1297, 132 N.Y.S.3d 454 (2020), in which the New York appellate court had held the Board did not abuse its discretion in awarding attorney’s fees of $1,000, instead of the $52,000 amount originally...

A grave digger’s allegations that he had sustained emotional distress injuries resulting from the fact that, as part of his employment duties, he was sometimes required to step onto the top of caskets during the burial process was insufficient to...

Ordinarily, where a New York employer executes an indemnification agreement after its employee sustains a work-related injury, a third party sued in tort by the injured employee may not raise the existence of the indemnification agreement to shield it...

A WCLJ’s decision to give no weight to medical opinions offered by two medical experts—an independent medical examiner and the deceased employee’s treating physician—because both experts had entered into significant ex parte contact...

The failure on the part of a workers’ compensation claimant to disclose that he and others had been involved in illegal gambling activities—bookmaking—constituted the sort of misrepresentation that warranted the mandatory penalty rescinding...

Where a claimant sustained an injury in August 2008, was examined by the insurer’s medical examiner in November 2018, and found to have reached MMI and to have sustained a permanent impairment to her lumbar spine (class 2, severity A ranking), it...

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that had found a claimant’s failure to disclose that she had been involved in several prior motor vehicle accidents in which she had claimed to...

Construing New York’s so-called “gray area” rule, which allows recovery of workers’ compensation benefits under circumstances that might otherwise be barred by the going and coming rule, a state appellate court affirmed a determination...

Noting that the surviving spouse had the burden of showing a causal connection between his wife’s death and her employment, and stressing that speculative medical evidence was insufficient, a New York appellate court affirmed a decision by the New...

A safety and security officer, who filed a claim seeking to recover workers’ compensation benefits for alleged Lyme disease almost six years after he filed a report with his employer indicating he had suffered two tick bites, failed to establish...

A finding by New York’s Workers’ Compensation Board that surgery related to an injured employee’s back condition should not be approved was error, held a state appellate court, where the Board’s decision (affirming that of a WCLJ...

Acknowledging that the New York Workers’ Compensation Board had broad latitude in determining whether an employee had violated N.Y. Workers’ Comp. Law § 114-a—for example, by failing to disclose post-injury earnings—but also...

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that found a claimant had withdrawn from the labor market and, therefore, was not entitled to additional indemnity benefits where the Board found that...

A decision by the New York Workers’ Compensation Board that found a claimant had made the sort of misrepresentations under N.Y. Workers’ Comp. Law § 114-a that would justify termination of her workers’ compensation benefits was...