Workers' Compensation

Recent Posts

New York: Death Benefits Awarded in Spite of Worker's Suicide
Posted on 27 Aug 2020 by Thomas A. Robinson

A New York appellate court affirmed an award of death benefits to the widow of a workers who committed suicide some two years after he suffered a debilitating work-related injury to the head. The appellate court stressed that it was the Board's duty... Read More

New York: Board Was Empowered to Promulgate Non-Acute Pain Medical Treatment Guidelines
Posted on 26 Jul 2020 by Thomas A. Robinson

A New York appellate court held that the state's Workers' Compensation Board was empowered with the authority to promulgate the state's Non-Acute Pain Medical Treatment Guidelines (“NAPMTG”), and utilizing the guidelines in the... Read More

New York: Court Clarifies State's Definition of Occupational Disease
Posted on 26 Jul 2020 by Thomas A. Robinson

Stressing that in New York, an occupational disease is one "resulting from the nature of employment and contracted therein [see N.Y. Workers' Comp. Law § 2[15]], and not from environmental conditions at the workplace , a state appellate... Read More

New York: Apportionment Awarded In Spite of Claimant's Loss in Earlier SLU Claim
Posted on 26 Jul 2020 by Thomas A. Robinson

Where a New York employer and its carrier successfully argued in a 2013 scheduled loss of use (SLU) claim that any loss of use sustained by claimant had been the result of aging and not the claimed work-related injury, they were not precluded from subsequently... Read More

New York: Retail Worker Who Slipped on Wet Surface Near Entrance to Shopping Mall was Denied Benefits
Posted on 26 Jul 2020 by Thomas A. Robinson

Construing New York's "gray area" rule, which holds that where the risks of street travel merge with the risks attendant with employment, the mere fact that the accident took place on a public road or sidewalk will not ipso facto negate... Read More

New York: Failure to Disclose "Religious Activity" Was Not a Violation of § 114-a
Posted on 26 Jul 2020 by Thomas A. Robinson

A decision by the New York Workers' Compensation Board that an injured worker had not violated N.Y. Workers' Comp. Law § 114-a, by failing to disclose her religious activity in her church -- preaching occasional sermons, counseling a small... Read More

New York: Minor's Fatal Injuries Do Not Support Intentional Tort Action Against Farm Owner
Posted on 26 Jul 2020 by Thomas A. Robinson

The mother of a 14-year-old part-time farm worker, who suffered fatal injuries in an unwitnessed roll-over accident involving a piece of heavy machinery, may not maintain a civil action against the farm owner, held a New York appellate court. Affirming... Read More

New York: Trucker's Reckless Driving Was Not Willful Intent to Injure Herself
Posted on 28 Jun 2020 by Thomas A. Robinson

Stressing that reckless conduct, such as operating a motor vehicle well in excess of a safe limit, did not amount to the sort of willful intent to injure oneself, a New York appellate court affirmed a finding by the state's Workers' Compensation... Read More

New York: Claimant Fails to Establish Worsening Condition Caused by Surgery
Posted on 27 Jun 2020 by Thomas A. Robinson

Illustrating the broad powers given to New York's Workers' Compensation Board when it comes to weighing medical evidence, a divided Third Department appellate court affirmed a decision by the Board that a claimant, who earlier had been awarded... Read More

New York: Claimant's Failure to Serve Carrier's Attorney With Application for Board Review Not Fatal
Posted on 27 Jun 2020 by Thomas A. Robinson

Observing that under 12 NYCRR 300.13[b][2][iv], an application for administrative review, must include proof of service upon "all necessary parties of interest," and that insurance carriers were included in the list of necessary parties of interest... Read More

New York: Injury Crossing Public Street Near Work Premises Was Not Compensable
Posted on 20 May 2020 by Thomas A. Robinson

A New York employee who was struck by a car while crossing the street in front of his employer's work premises did not sustain an injury arising out of and in the course of the employment, held a state appellate court, affirming a finding by the state's... Read More

New York: Misrepresentations Regarding Claimant's Photography Business Justified Disqualification From Further Benefits
Posted on 20 May 2020 by Thomas A. Robinson

Where a New York claimant testified during a 2015 hearing that she had not worked in any capacity nor had she run any business since her PTD classification, yet during a 2016 disqualification hearing, she admitted that she operated a photography business... Read More

New York: Remote Regular Travel to Worksite is not "a Commute"
Posted on 17 May 2020 by Thomas A. Robinson

Acknowledging that under the standard going and coming rule, an employee's injuries sustained in the ordinary travel from his or her home to a specified worksite did not arise out of and in the course of the employment, a New York appellate court... Read More

New York: Worker's Tort Action Against Co-Worker for Horseplay Injury May Proceed to Trial
Posted on 17 May 2020 by Thomas A. Robinson

In an unusual case involving horseplay, a New York appellate court affirmed a state trial court's decision that had refused to grant summary judgment to a defendant-co-employee who had been sued by a plaintiff/co-worker following that co-worker's... Read More

New York: Amendment of Regulation Regarding RB-89 Cannot Be Retroactively Applied
Posted on 17 May 2020 by Thomas A. Robinson

In another decision dealing with New York's Form RB-89 (Application for Board Review), a state appellate court found the Board had abused its discretion in denying a carrier's Application for Board Review on the basis that the carrier had failed... Read More