Tag Archives: New York

New York: Nurse’s Stress Claim Tied to Bona Fide Personnel Decision is Not Compensable

Where a registered nurse claimed that she sustained work-related injuries consisting of insomnia, depression, post traumatic stress disorder, and severe social phobia when she was wrongfully terminated, reinstated, and then subjected to, among other things, harassment from her colleagues and … Continue reading

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New York Deputy Sheriff’s Fatal Heart Attack at Home is Not Compensable

Acknowledging that N.Y. Work. Comp. Law § 21 provides a presumption of compensability where the decedent’s initial injury occurs while he or she at work, a New York appellate court held that the state’s Workers’ Compensation Board did not err … Continue reading

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“Star” Opera Singer is not Employee of the Metropolitan Opera House

A New York appellate court has agreed with Wendy White, prominent opera singer at the Metropolitan Opera House at Lincoln Center (“the Met”), that White is not an employee and, therefore, may maintain a civil action in negligence against the … Continue reading

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New York Nurse Awarded 90% Loss of Wage-Earning Capacity Due to Allergic Reaction to Hand Sanitizer

A New York appellate court affirmed a finding by the state’s Workers’ Compensation Board that a former critical care nurse suffered a work-related 90 percent loss of wage-earning capacity where she presented evidence that she had several allergic reactions to … Continue reading

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NY Cage Dancer Forfeits Right to Future Comp Benefits

A New York appellate court has refused to vacate a portion of a county court’s judgment that, following a defendant’s guilty plea to fraudulent practices (N.Y. Workers’ Comp. Law § 114), welfare fraud, and misuse of food stamps, in relevant … Continue reading

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NY Claimant Fails to Show That Claim Filing Was Delayed by Hurricane Sandy

An employee’s inability to file a timely notice of claim based on his alleged inability to meet with counsel because of the onslaught and aftermath of Hurricane Sandy was an inadequate excuse where time sheets revealed that he had regularly … Continue reading

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New York: Apportionment Inappropriate Where 1981 Injury Remained Symptomatic But Was Not Disabling

Where Claimant sustained a severe sprain to his right shoulder while working as a police officer in 1981 and returned to work without any schedule of loss (“SLU”) or other permanency related to that injury and again suffered a right … Continue reading

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New York: Long-Term Exposure to Cold Found Insufficient to Support Occupational Disease Claim

A state park grounds-keeper, who worked outside—often in cold conditions—for more than 35 years, and who developed a diabetic ulceration with a secondary formation of osteomyelitis—an infection in a bone of his right foot—which required surgery and, later, partial amputation … Continue reading

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NY Employer’s Surveillance of Injured Worker Fails to Establish Fraud

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that an employer’s surveillance videos and testimony of its private investigator, which primarily showed a workers’ compensation claimant sitting or standing outside a café smoking, talking … Continue reading

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NY Employer’s Surveillance of Injured Worker Fails to Establish Fraud

New York Court Finds Worker’s Refusal of Light-Work Justified

A New York appellate court affirmed a decision of the state’s Workers’ Compensation Board that a claimant had not voluntarily withdrawn from the labor market by refusing a light duty position with the employer since there was a reasonable basis … Continue reading

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