Workers' Compensation

Recent Posts

New York: 19-Month Delay in Seeking Treatment, Coupled with Inadequate Medical Evidence Supports Board’s Denial of Benefits
Posted on 1 Jan 2022 by Thomas A. Robinson

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... Read More

New York: Board Committed Error in Refusing to Reopen Case to Clear Up Discrepancy in Medical Form
Posted on 1 Jan 2022 by Thomas A. Robinson

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... Read More

New York: Employee is Disqualified from Further Benefits by Failure to Disclose Auto Accident on Medical Intake Form
Posted on 27 Dec 2021 by Thomas A. Robinson

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... Read More

New York: Insurer’s Acceptance of Partial Reimbursement Did Not Negate its Lack of Consent to Third-Party Settlement
Posted on 27 Dec 2021 by Thomas A. Robinson

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... Read More

New York: Service of Application for Board Review on TPA Was Not Service on Carrier Itself
Posted on 3 Oct 2021 by Thomas A. Robinson

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... Read More

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