Workers' Compensation

Recent Posts

New York: Truck “Monitor” Was Not Engaged in “9/11 Cleanup”
Posted on 14 Dec 2018 by Thomas A. Robinson

A worker hired to monitor the truck traffic hauling debris from the site of the terrorist attacks on the World Trade Center was not a participant in the “rescue, recovery, or cleanup operations” at the World Trade Center site and, accordingly... Read More

New York: Employee/Independent Contractor Status Must be Determined by Board
Posted on 28 Nov 2018 by Thomas A. Robinson

A New York appellate court recently ruled that a state trial court was beyond its powers when it determined that an injured worker was an independent contractor and not an employee. Such a determination was for the state’s Workers’ Compensation... Read More

New York: Out-of-State Medical Treatment Must Comply With State’s Medical Guidelines
Posted on 27 Nov 2018 by Thomas A. Robinson

Acknowledging that a New York claimant who moved from the Empire State to another—in this case, Nevada—was entitled to reasonable and adequate medical treatment in his or her new location, a New York appellate court held that such out-of-state... Read More

New York: Videotape Evidence Sinks Claimant’s Claim
Posted on 25 Oct 2018 by Thomas A. Robinson

A workers’ compensation claimant was appropriately disqualified from receiving benefits under N.Y. Work. Comp. Law § 114-a(1) where claimant represented to his treating physician and the carrier's medical expert that he was in constant... Read More

New York: Special Employer Is Immune From Tort Liability Related to Temporary Employee’s Injuries
Posted on 18 Sep 2015 by Larson's Spotlight

Stating the general rule, that for purposes of the N.Y. Workers’ Compensation Law, the receipt of workers’ compensation benefits from a general employer precludes an employee from commencing a negligence action against the special employer... Read More

National and State-by-State Workers' Comp News Powered by Larson's (6/13/2016)
Posted on 13 Jun 2016 by LexisNexis Workers' Comp Law Newsroom Staff

PCI Issues New Report on Medical Cost Shifting From WC Opt Out Systems . PCI Insurers Support Town Hall to Discuss Florida Workers’ Comp System . WCRI Study Finds Large Decreases in Opioids Received by Injured Workers . AZ: Arizona Adopts... Read More

New York: Injured Employee’s Negligence Action Against Co-Employee and Co-Employee’s Father (as Owner of Vehicle) Are Barred by Exclusiveness
Posted on 7 Aug 2015 by Larson's Spotlight

A civil action was filed by plaintiff and his spouse against plaintiff’s co-employee and the co-employee’s father for injuries the plaintiff sustained when he was struck by a car driven by the co-employee as plaintiff walked across their employer’s... Read More