Acknowledging that if one business entity was the alter ego of another, the former could not be sued in tort for injuries sustained by an employee of the "alter ego" entity, a New York appellate court found the defendant-business entity failed to establish...
Noting the broad latitude afforded New York's Workers' Compensation Board in determining whether a claimant had withdrawn from the labor market, a state appellate court affirmed a Board decision that a substitute teacher, who sustained injuries when she...
A New York appellate court held sufficient evidence supported the Board's determination that a worker's myocardial infarction was not causally connected to his employment, where the worker's expert opined that it was "possible" that claimant's...
The New York appellate court held the state's Board erred when it employed a "novel" standard for work-connectedness in determining the compensability of a claim filed by a claims examiner who worked from home. The employee contended he sustained...
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 at the employer's...
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 evidence...
The New York Workers' Compensation Board acted within its discretion when it awarded counsel fees of $1,000, instead of the $52,000 requested in a memorandum of law filed with the Board, held a state appellate court. The appellate court noted that any request...
Where a claimant received a schedule loss of use (SLU) award of 10 percent to the left leg related to a 2015 left hip injury, and the claimant's orthopedist opined that he had sustained a 17.5 percent SLU of the left leg, following a subsequent work-related...
A New York appellate court held that in order to establish a claim for PTSD, it was insufficient for a state correctional officer to show that he had been made to feel threatened--an inmate threatened to do bodily harm to the officer's family--he must instead...
Where claimant's physician testified that it was "difficult to determine" when claimant's meniscus tear occurred and that there was "a strong possibility" that something which happened at work could have exacerbated claimant's chronic...
Where claimant's description of the circumstances of her injury differed sharply from what she told emergency medical personnel in the moments following her accident, the Board could find that the claimant had failed to establish the required causal connection...
A New York appellate court affirmed an award of death benefits to the widow of a workers who committed suicide some two years after he suffered a debilitating work-related injury to the head. The appellate court stressed that it was the Board's duty to resolve...
A New York appellate court held that the state's Workers' Compensation Board was empowered with the authority to promulgate the state's Non-Acute Pain Medical Treatment Guidelines (“NAPMTG”), and utilizing the guidelines in the case at bar, the Board...
Stressing that in New York, an occupational disease is one "resulting from the nature of employment and contracted therein [see N.Y. Workers' Comp. Law § 2[15]], and not from environmental conditions at the workplace , a state appellate court reversed...
Where a New York employer and its carrier successfully argued in a 2013 scheduled loss of use (SLU) claim that any loss of use sustained by claimant had been the result of aging and not the claimed work-related injury, they were not precluded from subsequently...