Workers' Compensation

Recent Posts

New York: Board's Abandonment of Labor Market Decision Affirmed in Spite of Medical Evidence of Disability
Posted on 26 Oct 2020 by Thomas A. Robinson

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

New York: Widow Fails to Connect Husband's 2016 Death to 2004 Work Injury
Posted on 26 Oct 2020 by Thomas A. Robinson

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

New York: Close Proximity of Time Between Injury and Firing Supports Retaliation Claim
Posted on 23 Apr 2020 by Thomas A. Robinson

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

New York Workers’ Compensation Trends and Developments 2017
Posted on 10 Jan 2018 by Ronald E. Weiss

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

New York Workers’ Comp Stakeholders Continue to Absorb 2007 Reform Changes
Posted on 19 Apr 2012 by Ronald E. Weiss & Ronald Balter

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