A decision by a New York trial court granting defendants’ motion for summary judgment in a tort action filed against them was affirmed by a state appellate court where the essential issues related to potential liability had already been determined... Read More

Noting the broad latitude afforded New York's Workers' Compensation Board in determining whether a claimant had withdrawn from the labor market, a state appellate court affirmed a Board decision that a substitute teacher, who sustained injuries... Read More

Stressing that the issue of abandonment of the labor market is an issue for the Board, a New York appellate court affirmed the denial of disability benefits to a worker who sustained a clearly compensable injury--she was struck by falling scaffolding... Read More

The presumption contained in N. Y. Workers' Comp. § 21(a) was insufficient to support an award of death benefits to a widow whose husband suffered an injury by accident in 2004, was awarded PPD in 2007, and who died in 2016, where the only medical... Read More

Observing that the state's Workers' Compensation Board had found the claimant's testimony credible, according to which the claimant's supervisor "stormed off" when the claimant advised that he would be filing a workers' compensation... Read More

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL AND STATE NEWS: Survey Shows Federal Disability Recipients... Read More

Congress Passes Legislation for TRIA Extension . US Postal Data Breach May Compromise Health Data for Nearly 500,000 Workers . Mark Walls at Safety National Discusses 2015 WC Issues to Watch . CMS Posts 1/5/2015 Version of WCMSA Reference Guide... Read More

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL AND STATE NEWS: Workers Compensation Analysis Group... Read More

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL AND STATE NEWS: Senate Confirms Thomas Perez as Secretary... Read More

Legislative and administrative action produced significant changes in the Workers’ Compensation Law and practice in 2017. As with 2013 reforms, Governor Cuomo resorted to inclusion of provisions in the Executive Budget to fast track reforms to key... Read More

During the past year, stakeholders in the workers’ compensation system in New York have continued to absorb legislative and administrative changes initiated by the 2007 reform. Maximum indemnity rates are now indexed to two-thirds of the State Average... Read More