Workers' Compensation

Recent Posts

New York: Video Surveillance of Injured Firefighter’s Activities Showed Different Picture of Level of Disability
Posted on 14 Jul 2019 by Thomas A. Robinson

Where a claimant, former firefighter, represented during a functional capacity evaluation that he was unable to lift and/or carry any weighted objects, crouch, reach for an object, or complete any of the balance tests required during the evaluation, yet... Read More

New York: RB-89 Form is Not a Cover Sheet; Incomplete Form Results in Denial of Application for Review
Posted on 14 Jul 2019 by Thomas A. Robinson

Where a New York claimant failed to complete the information “box” for question 13 of the RB-89 form (Application for Review), within which claimant would otherwise have provided details as to “[h]earing dates, [t]ranscripts, [d]ocuments... Read More

New York: Right to Cross-Examine Employer’s Expert Not Predicated Upon Filing Competing Report
Posted on 4 Jul 2019 by Thomas A. Robinson

A New York appellate court held the state’s Workers’ Compensation Board abused its discretion in denying, as untimely, a claimant’s request to cross-examine the carrier’s medical consultant where that consultant examined the claimant... Read More

New York: Truck Driver’s Failure to Mention Side Business Did Not Result in Forfeiture of Benefits
Posted on 16 Jun 2019 by Thomas A. Robinson

A New York truck driver’s failure to disclose his involvement in an online and retail flower business was not the sort of misrepresentation that should disqualify him from receiving workers’ compensation benefits under N.Y. Workers’... Read More

New York: Claimant Gets Second Chance at Establishing Aspergillosis Claim
Posted on 16 Jun 2019 by Thomas A. Robinson

A finding by the New York Workers’ Compensation Board that a worker had failed to establish his claim for an occupational disease in the form of allergic bronchopulmonary aspergillosis did not prevent the worker from subsequently establishing an... Read More

New York: Work Experience Program Benefits Are “Wages” for Purposes of Computing Average Weekly Wage
Posted on 30 May 2019 by Thomas A. Robinson

Payments made to participants in New York’s work experience program (WEP) are “wages” for purposes of the state’s workers’ compensation law [see N.Y. Workers’ Comp. Law § 2(9)], and should be utilized in computing... Read More

New York: Board Commits Error in Disqualifying Injured Worker From Future Benefits
Posted on 26 Apr 2019 by Thomas A. Robinson

A Board decision that disqualified an injured worker from receiving future wage replacement benefits was erroneous where the New York appellate court found that the Board’s decision had been based on speculation and conjecture. The court acknowledged... Read More

New York: Burden Was on Claimant to Show Disability Was Factor in Her Inability to Secure Work
Posted on 8 Feb 2019 by Thomas A. Robinson

Where a claimant, who had not worked for three years, attended an orientation session and took classes on preparing a résumé and cover letter to assist her in finding a job and where she subsequently submitted job applications to various... Read More

New York: Claimant Disqualified from Future Benefits Based Upon Misrepresentations as to Post-Injury Earnings
Posted on 18 Jan 2019 by Thomas A. Robinson

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that found in relevant part that claimant violated N.Y. Workers’ Comp. Law § 114-a and disqualified him from future indemnity benefits where... Read More

New York: No Indemnity by Employer Since No Showing of “Grave Injury”
Posted on 18 Jan 2019 by Thomas A. Robinson

Acknowledging that an employer may be liable to third parties for indemnification or contribution where the employer’s employee suffers a “grave injury,” as defined by N.Y. Workers Comp. Law § 11, a New York appellate court nevertheless... Read More

New York: Videotape and Social Media Evidence Torpedo Worker’s Claim for Benefits
Posted on 4 Jan 2019 by Thomas A. Robinson

Where a workers’ compensation claimant represented to an independent medical examiner that he could not sit upright or stand without head support, that he became dizzy from time to time, could not engage in play or other activities with his son... Read More

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