Construing New York’s so-called “gray area” rule, which allows recovery of workers’ compensation benefits under circumstances that might otherwise be barred by the going and coming rule, a state appellate court affirmed a determination by the Board that awarded...
Noting that the surviving spouse had the burden of showing a causal connection between his wife’s death and her employment, and stressing that speculative medical evidence was insufficient, a New York appellate court affirmed a decision by the New York Workers...
A safety and security officer, who filed a claim seeking to recover workers’ compensation benefits for alleged Lyme disease almost six years after he filed a report with his employer indicating he had suffered two tick bites, failed to establish a causal...
A finding by New York’s Workers’ Compensation Board that surgery related to an injured employee’s back condition should not be approved was error, held a state appellate court, where the Board’s decision (affirming that of a WCLJ) was based...
Acknowledging that the New York Workers’ Compensation Board had broad latitude in determining whether an employee had violated N.Y. Workers’ Comp. Law § 114-a—for example, by failing to disclose post-injury earnings—but also noting...
A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that found a claimant had withdrawn from the labor market and, therefore, was not entitled to additional indemnity benefits where the Board found that the claimant failed...
A decision by the New York Workers’ Compensation Board that found a claimant had made the sort of misrepresentations under N.Y. Workers’ Comp. Law § 114-a that would justify termination of her workers’ compensation benefits was supported...
Where a New York workers’ compensation claimant died of causes unrelated to his work injuries, having no surviving spouse, no child under the age of 18, and no otherwise qualifying dependents, his estate was not entitled to recover the full value of a posthumous...
Where a New York employee’s job responsibilities included controverting workers’ compensation claims, his failure to notify his employer of an alleged work-related injury within the 30-day time period specified in N.Y. Workers’ Comp. Law § 18 was unexcused. The...
In a case of first impression, a New York appellate court affirmed an order entered by the state’s Workers’ Compensation Board allowing a medical treatment variance in the form of medical marijuana for an injured worker who suffered from continuing pain after a...
Where a New York employer had no active workers’ compensation policy in effect on the date the claimant was determined to have been disabled due to an occupational disease—It appeared to have closed its doors—but such a policy did exist on the...
Where videotape surveillance indicated an injured employee was capable of activities that were substantially more strenuous than those that she told her treating physician that she was capable of performing, the Board was justified in finding the employee had violated...
Reversing the state's Workers' Compensation Board, a New York appellate court said the Board's decision that a live-in home health attendant--who provided comprehensive care to one client, 24 hours a day, seven days per week--was engaged in a personal...
A New York appellate court reversed a decision by the state's Workers' Compensation Board that held an injured worker was not entitled to a scheduled loss of use (SLU) award for a severe tear in his hamstring muscle following a work-related accident. The...
A decision by the New York Workers' Compensation Board disqualifying an undocumented worker from additional benefits on its determination that the worker had failed to establish a connection to the labor market was error, held a state appellate court in a divided...