Tag: New York

Oct 12, 2021

Failure of Injured NY Worker to Disclose Auto Accident to IME Physician Results in Loss of Benefits

The New York Workers’ Compensation Board was within its powers when it found an injured worker had violated N.Y. Workers’ Comp. Law § 114-a, by failing to disclose on an...

Failure of Injured NY Worker to Disclose Auto Accident to IME Physician Results in Loss of Benefits Failure of Injured NY Worker to Disclose Auto Accident to IME Physician Results in Loss of Benefits
Sep 16, 2021

NY Court Says Collateral Estoppel Bars Injured Worker’s Subsequent Negligence Action Against Defendants

A New York appellate court affirmed a decision by a state trial court that granted defendants summary judgment in a negligence action filed against them related to the alleged malfunction...

NY Court Says Collateral Estoppel Bars Injured Worker’s Subsequent Negligence Action Against Defendants NY Court Says Collateral Estoppel Bars Injured Worker’s Subsequent Negligence Action Against Defendants
Jul 27, 2021

NY Court Agrees Claimant’s Injuries Occurred Within “Gray Area” of Employment

Reiterating New York’s special “gray area” rule, pursuant to which injuries sustained in public areas near the employment—but not on the employer’s premises—are nevertheless compensable where the risks of street...

NY Court Agrees Claimant’s Injuries Occurred Within “Gray Area” of Employment NY Court Agrees Claimant’s Injuries Occurred Within “Gray Area” of Employment
Jul 26, 2021

Surviving Spouse Fails to Show Causal Connection Between NY Injury and Decedent’s Subsequent Death

A New York appellate court affirmed a determination by the state’s Workers’ Compensation Board that the surviving spouse of a deceased worker failed to establish—by competent medical evidence—that his wife’s...

Surviving Spouse Fails to Show Causal Connection Between NY Injury and Decedent’s Subsequent Death Surviving Spouse Fails to Show Causal Connection Between NY Injury and Decedent’s Subsequent Death
Jun 29, 2021

NY Worker’s Claim Denied Where He Died Before Record Could be Established

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that disallowed the claim of an employee who sought workers’ compensation benefits approximately one month after...

NY Worker’s Claim Denied Where He Died Before Record Could be Established NY Worker’s Claim Denied Where He Died Before Record Could be Established
Jun 28, 2021

“Roll the Video”: Surveillance Footage Supports NY Board’s Finding That Claimant Misrepresented Material Fact

A New York appellate court held that substantial evidence supported a decision by the state’s Workers’ Compensation Board disqualifying a workers’ compensation claimant from further benefits, based upon his misrepresentation...

“Roll the Video”: Surveillance Footage Supports NY Board’s Finding That Claimant Misrepresented Material Fact “Roll the Video”: Surveillance Footage Supports NY Board’s Finding That Claimant Misrepresented Material Fact
Jun 21, 2021

NY Law Firm’s $52K Fee Request Will be Reconsidered by Board

In a relatively unusual move, the Appellate Division of the Supreme Court of New York (Third Department) vacated its October 8, 2020 decision [reported at 187 A.D.3d 1297, 132 N.Y.S.3d...

NY Law Firm’s $52K Fee Request Will be Reconsidered by Board NY Law Firm’s $52K Fee Request Will be Reconsidered by Board
Jun 17, 2021

NY Grave Digger’s Intentional Distress Claim Fails

A New York appellate court affirmed a trial court’s order granting an employer’s motion for summary judgment in a case in which a former employee—a grave digger—contended he had sustained...

NY Grave Digger’s Intentional Distress Claim Fails NY Grave Digger’s Intentional Distress Claim Fails
Jun 16, 2021

NY Court Examines Applicability of Back-Dated Indemnification Agreement

A New York appellate court affirmed a trial court’s decision denying that portion of an employer/third-party defendant’s motion seeking dismissal of a contractual indemnification claim filed against it by a...

NY Court Examines Applicability of Back-Dated Indemnification Agreement NY Court Examines Applicability of Back-Dated Indemnification Agreement
Jun 15, 2021

NY Jury Must Consider Whether Defendant was Special Employee Entitled to Exclusive Remedy Defense

A New York appellate court affirmed a trial court’s determination that there were issues of fact as to whether a defendant was the special employee of plaintiff’s employer so as...

NY Jury Must Consider Whether Defendant was Special Employee Entitled to Exclusive Remedy Defense NY Jury Must Consider Whether Defendant was Special Employee Entitled to Exclusive Remedy Defense
Jun 7, 2021

Ex Parte Communications Sink NY Death Benefits Claim

Showing just how serious New York courts take the issue of ex parte communications between counsel and medical experts, a New York appellate court recently affirmed an order by the...

Ex Parte Communications Sink NY Death Benefits Claim Ex Parte Communications Sink NY Death Benefits Claim
Jun 3, 2021

NY Claimant’s Failure to Disclose Gambling Activities Constitutes § 114-a Violation

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that not only imposed the mandatory penalty rescinding the claimant’s award of workers’ compensation benefits, but...

NY Claimant’s Failure to Disclose Gambling Activities Constitutes § 114-a Violation NY Claimant’s Failure to Disclose Gambling Activities Constitutes § 114-a Violation