Workers' Compensation

Recent Posts

New York: Claim Fails Where Employee Died Before Adequate Record Could be Established
Posted on 3 Aug 2021 by Thomas A. Robinson

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... Read More

New York: Court Sends $52K Fee Request Back to Board for Reconsideration
Posted on 3 Aug 2021 by Thomas A. Robinson

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... Read More

New York: Grave Digger’s IIED Claim Barred by Exclusive Remedy Rule
Posted on 3 Aug 2021 by Thomas A. Robinson

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... Read More

New York: Court Carves Out Narrow Exception for Retroactive Application of Indemnification Agreement Against Employer
Posted on 3 Aug 2021 by Thomas A. Robinson

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... Read More

New York: Ex Parte Communications Result in Denial of Death Benefits Claim
Posted on 3 Aug 2021 by Thomas A. Robinson

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... Read More

New York: Failure to Disclose Gambling Activity Results in Forfeiture of Benefits
Posted on 3 Aug 2021 by Thomas A. Robinson

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... Read More

New York: College-Educated Claimant Who Worked Eight Years After Injury Found Entitled to 50 percent loss of Wage-Earning Capacity
Posted on 3 Aug 2021 by Thomas A. Robinson

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... Read More

New York: Board Has Broad Discretion in Determining § 114-a Violations
Posted on 3 Aug 2021 by Thomas A. Robinson

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... Read More

New York: Worker Recovers Benefits Under Special "Gray Area" Rule
Posted on 28 Jul 2021 by Thomas A. Robinson

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... Read More

New York: Death Benefits Must be Based Upon Reasonable Medical Opinion, Not Conjecture
Posted on 28 Jul 2021 by Thomas A. Robinson

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... Read More

New York: No Recovery for Claimed Lyme Disease Claim
Posted on 28 Jul 2021 by Thomas A. Robinson

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... Read More

New York: Decision Must be Limited to Issue Actually Before WCLJ
Posted on 22 May 2021 by Thomas A. Robinson

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... Read More

New York: Record Did not Support Board’s Decision to Bar Claimant Permanently from Indemnity Benefits
Posted on 22 May 2021 by Thomas A. Robinson

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... Read More

New York: Court Says Employee Withdrew From Labor Market
Posted on 25 Apr 2021 by Thomas A. Robinson

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... Read More

New York: No § 114-a Violation Claimant’s Inexperience With PCs Explained Inconsistencies in Online Job Applications
Posted on 25 Apr 2021 by Thomas A. Robinson

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... Read More