Where a New York workers’ compensation claimant testified that he had not worked after a specific date and also represented to a carrier’s medical consultant that he had stopped working...
Failure to Disclose Earnings From Home-Based Business is Violation of NY Fraud Statute Failure to Disclose Earnings From Home-Based Business is Violation of NY Fraud StatuteA New York appellate court affirmed a determination by the state’s Workers’ Compensation Board that had rescinded that part of a WCLJ’s decision finding that the claimant violated N.Y. Workers’...
NY Court: Not Every Omission of Prior Injury Constitutes Misrepresentation under § 114-a NY Court: Not Every Omission of Prior Injury Constitutes Misrepresentation under § 114-aA New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that found an injured worker’s failure to disclose work-related injuries he sustained in 1998 and 2002,...
Failure to Disclose Prior Work-Related Injuries Proves Fatal for NY Worker’s Claim for Continued Benefits Failure to Disclose Prior Work-Related Injuries Proves Fatal for NY Worker’s Claim for Continued BenefitsA New York appellate court affirmed the state Board’s rescission of a WCLJ’s reduced earnings award where it found that while the workers’ compensation claimant did have medical restrictions following...
NY Court Says Existence of Medical Restrictions Are Alone Insufficient to Establish Reduced Earnings Claim NY Court Says Existence of Medical Restrictions Are Alone Insufficient to Establish Reduced Earnings ClaimA New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that apportioned liability for the benefits due under an injured employee’s workers’ compensation claim between the...
NY Court Affirms Apportionment of Liability Between Special and General Employers NY Court Affirms Apportionment of Liability Between Special and General EmployersReversing a portion of a decision by the New York Workers’ Compensation Board, a state appellate court stressed that the appropriate date of a finding of no labor market attachment...
NY Court Disapproves of Board’s Retroactive Disqualification for Lack of Labor Market Attachment NY Court Disapproves of Board’s Retroactive Disqualification for Lack of Labor Market AttachmentA decision by the New York Workers’ Compensation Board that a claimant should have been aware of the work-related nature of his back pain and injury in June 2017, at...
NY Board Errs in Setting Disablement Date for Repetitive Stress Injury NY Board Errs in Setting Disablement Date for Repetitive Stress InjuryStressing that it is for the New York Workers’ Compensation Board to weigh the evidence—including the medical evidence—and that the Board’s findings will be upheld if supported by substantial evidence,...
Ex Parte Letter to Treating Physician Sinks NY Truck Driver’s Occupational Disease Claim Ex Parte Letter to Treating Physician Sinks NY Truck Driver’s Occupational Disease ClaimIn a case arising out of a tragic and bizarre 2017 multiple-shooting incident at a New York hospital, a state appellate court reversed a decision of the Empire State’s Workers’...
Mass Shooting Victim’s NY Civil Action May Move Forward Against Employer Mass Shooting Victim’s NY Civil Action May Move Forward Against EmployerSubstantial evidence supported the New York Workers’ Compensation Board’s determination that a claimant, a bus driver, had not sustained an injury arising out of and in the course of his...
Bus Camera Video Sinks NY City Driver’s Back Injury Claim Bus Camera Video Sinks NY City Driver’s Back Injury ClaimNoting that a medical opinion need not be expressed with absolute medical certainty as long as it signified a probability of the underlying cause that was supported by a rational...
NY Firefighter Successfully Proved PTSD Claim Based Upon Multiple Gruesome Incidents NY Firefighter Successfully Proved PTSD Claim Based Upon Multiple Gruesome IncidentsA New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that denied benefits to a claims examiner who alleged that she had sustained injuries to her...
Waiting 19 Months to Seek Medical Treatment Proves Fatal to NY Claims Examiner’s Case Waiting 19 Months to Seek Medical Treatment Proves Fatal to NY Claims Examiner’s Case