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Substantial evidence supported a decision by New York’s Workers’ Compensation Board that denied benefits to a claims examiner who contended she suffered a shoulder injury in a work-related fall at her office where she waited 19 months before...

A New York appellate court held that where a physician’s narrative report attached to a Board-adopted C-4.3 form (Doctor’s Report of Maximum Medical Improvement/Permanent Impairment) indicated the injured worker had sustained a 35 percent...

Where an employee failed to disclose on an intake form at the office of a physician employed to conduct an independent medical examination that he had been involved in a motor vehicle accident after his work-related injury, the Board could exercise its...

Where an employee has received workers’ compensation benefits for a work-related injury allegedly caused by a third-party, N.Y. Workers’ Comp. Law § 29(5) requires the employee to obtain the employer or insurer’s written consent...

Where a workers’ compensation claimant served an application for Board review upon the insurance carrier’s third-party administrator—but not the carrier itself—such service was defective and New York’s Workers’ Compensation...

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...