LexisNexis® Legal Newsroom
NY: No Apportionment of Death Benefits Where Death was Caused 80 percent by Unrelated Cancer

The Court of Appeals of New York recently affirmed a lower court’s decision that awarded full death benefits to an employee’s widow where expert medical evidence indicated that the employee’s death had been caused 80 percent by thyroid cancer and 20 percent by work-related asbestosis...

New York: To Support Apportionment, Prior Condition Must Be Disabling, Not Just Symptomatic

A New York appellate court held it was error to apportion an injured worker’s permanent disability based on medical testimony that 10 percent of the impairment was due to a 2009 work-related injury and that the rest was due to a 1981 work-related injury where the worker returned to work after the...

New York: Apportionment Denied Where Worker’s Ability to Perform Duties Was Not Affected by Preexisting Condition

Reiterating that under N.Y. Work. Comp. Law § 15(7), apportionment for a pre-existing condition is allowed only where the preexisting condition was not the result of a compensable injury and the claimant was able to effectively perform his or her job duties at the time of the work-related accident...

New York Workers’ Compensation Trends and Developments for 2015

Many of the new developments in Workers’ Compensation Law and Practice in New York in 2015 were in the area of administrative and regulatory changes resulting from the Workers’ Compensation Board’s Business Process Re-engineering Project (BPR). There were very few legislative developments...

New York: Apportionment in Carpal Tunnel Syndrome Claim Deemed Inappropriate Under Facts

Where a union carpenter was employed by several different employers from 1998 through 2009 and, in 2010, he filed a claim for bilateral carpal tunnel syndrome caused by repetitive work, it was error for the Board to apportion 45 percent of the liability to an earlier employer since the carpenter was...